PROPOSED RULEMAKING

[58 PA. CODE CHS. 141]

Hunting and Trapping; Protective Material

[34 Pa.B. 3016]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, proposed the following rulemaking:

   Amend § 141.20 (relating to protective material required) to expand and clarify the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 20, 2004, meeting of the Commission. Comments can be sent until June 21, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 141.20 to expand and clarify the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material.

2.  Purpose and Authority

   In an effort to clarify the applicability of § 141.20, the Commission is proposing to add furbearers and coyotes (except from the first day to the last day inclusive of the regular firearms deer season or any bear season) to the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material. This expansion should reduce the confusion to the public and enforcement officers relative to the wearing of daylight fluorescent orange protective clothing while hunting and trapping.

   Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to . . . the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 141.20 is proposed under this authority.

3.  Regulatory Requirements

   The proposed rulemaking will add furbearers and coyotes (except from the first day to the last day inclusive of the regular firearms deer season or any bear season) to the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material. Regulatory requirements will therefore be relaxed by the proposed rulemaking.

4.  Persons Affected

   Persons wishing to hunt or trap furbearers or coyotes within this Commonwealth will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

6.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-186. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.20. Protective material required.

*      *      *      *      *

   (b)  Permitted acts. It is lawful to:

   (1)  Hunt without wearing daylight fluorescent orange-colored material for:

*      *      *      *      *

   (vi)  Furbearers.

   (vii)  Coyotes except from the first day to the last day inclusive of any deer or bear season.

*      *      *      *      *

[Pa.B. Doc. No. 04-1008. Filed for public inspection June 11, 2004, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---