PROPOSED RULEMAKING
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[35 Pa.B. 1766] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, proposed the following rulemaking:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2005-2006 hunting license year.
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 January 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.
1. Introduction
The Commission is proposing to amend § 139.4 to provide for updated seasons and bag limits for the upcoming 2005-2006 license year.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. The 2005-2006 seasons and bag limits have been amended to conform to scientific data, harvest reports, field surveys and observations, staff and field input, as well as recommendations received from organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth. Some notable changes for hunters next season will be expanded deer hunting opportunities in WMU's 5C and 5D, expanded deer hunting opportunities through DMAP, expanded bear hunting opportunities, and expanded elk hunting opportunities. Additionally, the Commission has given preliminary approval to increase the bag limit for spring turkey to allow two birds to be taken by hunters who purchase the special wild turkey license created by the amendment to section 2705 of the code (relating to classes of licenses). The Commission is proposing to amend § 139.4 to set seasons and bag limits for the 2005-2006 license year.
Section 322(c)(1) of the code (relating to powers and duties of the commission) specifically empowers the commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking . . .'' The amendment to § 139.4 was proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking would establish when and where it is lawful to hunt and trap various game species and also place limits on the numbers that can be legally taken.
4. Persons Affected
Persons wishing to hunt and trap in this Commonwealth would be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost either to the Commission or to hunters and furtakers.
6. Effective Date
The effective dates of the proposed rulemaking are July 1, 2005, to June 30, 2006.
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 DirectorFiscal Note: 48-199. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.4. Seasons and bag limits for the license year.
(SEASONS AND BAG LIMITS TABLE)
2005-2006 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Species First Day Last Day Daily
LimitField
Possession
Limit After
First DaySquirrels--(Combined species) Eligible Junion Hunters only, with or without the required license, when properly accompanied as required by law Oct. 8 Oct. 14 6 12 Squirrels--(Combined species) Oct. 15 Nov. 26 6 12 and Dec. 12 Dec. 23 Dec. 26 and Feb. 4, 2006 Ruffed Grouse--(Statewide) Oct. 15 Nov. 26 2 4 and
Dec. 12 Dec. 23 and
Dec. 26 Jan. 28, 2006 Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING'' Rabbits, Cottontail Oct. 22 Nov. 26 4 8 and
Dec. 12 Dec. 23 and
Dec. 26 Feb. 4, 2006 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A, 5B, 5C & 5D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Oct. 8 Oct. 14 2 4 Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B & 4D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Oct. 8 Oct. 14 2 4 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A, 5B, 5C & 5D Oct. 22 Nov. 26 2 4 Ringneck Pheasant--Male or Oct. 22 Nov. 26 2 4 female combined in Wildlife and Management Units Dec. 12 Dec. 23 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, and 3C, 3D, 4A, 4B & 4D Dec. 26 Feb. 4, 2006 Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C & 5D where the season is closed. Oct. 22 Nov. 26 4 8 Hares (Snowshoe Rabbits) or Varying Hares Dec. 26 Dec. 31 1 2 Woodchucks (Groundhog) No closed season except during the regular
firearms deer seasons and until noon daily
during the spring gobbler turkey season.Unlimited
Species First Day Last Day Daily Limit Season Limit Turkey--Male or Female 1 1 Wildlife Management Units 1A & 1B
(Shotgun, Bow & Arrow only)Oct. 29 Nov. 12 Wildlife Management Units 2A & 2B
(Shotgun, Bow & Arrow only)Oct. 29 Nov. 19 Wildlife Management Units 2C, 2E, 4A, 4B & 4D Oct. 29 Nov. 12 Wildlife Management Units 2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C & 4E Oct. 29 Nov. 19 Wildlife Management Units 5A & 5B Closed to fall turkey hunting Wildlife Management Units 5C & 5D Oct. 29 Nov. 4 Turkey (Spring Gobbler) Statewide5 April 29, 2006 May 27, 2006 1 2 Bearded Bird only Turkey (Spring Gobbler) Statewide Youth Hunt5 Bearded Bird only Eligible junior hunters only with the required license and when properly accompanied April 24, 2006 April 24, 2006 1 1
MIGRATORY GAME BIRDS Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C. §§ 703--711) as published in the Federal Register on or about August 27 and September 28 of each year. Exceptions:
(a) Hunting hours in § 141.4 (relating to hunting hours).
(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.
(c) Subject to approval by the United States Fish and Wildlife Service, an early season for Canada geese will be held as defined in § 141.25 (relating to early goose hunting season).
Species First Day Last Day Daily Limit Field
Possession
Limit After
First DayCrows July 1 Nov. 27 Unlimited (Hunting permitted on Friday, and Saturday and Sunday only) Dec. 30 April 2, 2006 Starlings and English Sparrows No closed season except during the regular
firearms deer seasons and until noon daily
during the spring gobbler turkey seasonUnlimited
Species First Day Last Day Daily Limit Field
Possession
Limit After
First DayFALCONRY
Squirrels--(Combined species) Sept. 1 Mar. 31, 2006 6 12 Quail Sept. 1 Mar. 31, 2006 4 8 Ruffed Grouse Sept. 1 Mar. 31, 2006 2 4 Cottontail Rabbits Sept. 1 Mar. 31, 2006 4 8 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2006 1 2 Ringneck Pheasant--Male and Female--(Combined) Sept. 1 Mar. 31, 2006 2 4 Migratory Game Birds - Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Species First Day Last Day Season Limit Deer, Antlered & Oct. 1 Nov. 12 One antlered and Antlerless-- (Statewide)1 and an antlerless deer (Archery--Bows and Arrows Only) Dec. 26 Jan. 14, 2006 with each required Crossbows may be used in Wildlife antlerless license. Management Units 2B, 5C and 5D Deer, Regular Antlered & Antlerless--(Statewide)1 Nov. 28 Dec. 10 One antlered, and an antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) Only Junior and Senior License Holders,2 PGC Disabled Person Permit Holders (to use a vehicle as a blind), and Residents serving on active duty in the U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license Oct. 20 Oct. 22 An antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) Oct. 15 Oct. 22 An antlerless deer (Muzzleloading season) with each required antlerless license. Deer, Antlered or Antlerless--(Statewide)1 (Flintlock Muzzleloading season) Dec. 26 Jan. 14, 2006 One antlered, or one antlerless-plus an additional antlerless deer with each required antlerless license. Deer, Antlerless Wildlife Management Unit 2B Dec. 26 Jan. 14, 2006 An anterless deer with each required antlerless license. Deer, Antlerless Dec. 12 Dec. 23 An antlerless deer Wildlife Management Units and with each required 5C & 5D Dec. 26 Jan. 28, 2006 antlerless license. Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County) Hunting is permitted on days established by
the United States Department of the Army.An antlerless deer with each required antlerless license.
BEAR
Species First Day Last Day Daily Limit Season Limit Bear, any age--(Statewide)4 Nov. 21 Nov. 23 1 1 Bear, any age4 Wildlife Management Units 3B, 3C, 3D, 4C and 4E Nov. 28 Dec. 3 1 1 Bear, any age4
Rockview PrisonNov. 28 Dec. 3 1 1
ELK
Species First Day Last Day Daily Limit Season Limit Elk, Antlered & Antlerless6
(With each required license)Nov. 7, 2005 Nov. 12, 2005 1 1 Elk, Antlered & Antlerless6
(With each required license)Sept. 18, 2006 Sept. 23, 2006 1 1
FURTAKING--TRAPPING
Species First Day Last Day Daily Limit Season Limit Minks and Muskrats--(Statewide) Nov. 19 Jan. 7, 2006 Unlimited
Beaver--(Statewide) Dec. 26 Mar. 31, 2006 Wildlife Management Units 2F & 2G (Combined) 20 20 Wildlife Management Units 1A, 1B, 3A, 3B, 3C & 3D (Combined) 20 40 Wildlife Management Units 2A, 2B, 2C, 2D, 2E, 4A, 4B, 4C, 4D & 4E (Combined) 10 10 Wildlife Management Units 5A, 5B, 5C & 5D (Combined) 6 6 Coyotes, Foxes, Opossums, Raccoons,
Skunks, Weasels--(Statewide)Oct. 16 Feb. 18, 2006 Unlimited
Bobcat3 Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 16 Feb. 18, 2006 1 1
FURTAKING--HUNTING
Species First Day Last Day Daily Limit Season Limit Coyotes--(Statewide) Outside of any deer or bear season may be taken with a hunting license or a furtaker's license and without wearing orange. Unlimited Coyotes--(During any archery deer season) May be taken while lawfully hunting deer or with a furtaker's license. Coyotes--(During the regular firearms deer season and any bear season) May be taken while lawfully hunting deer or bear or with a furtaker's license while wearing 250 square inches of daylight fluorescent orange-colored material in a 360° arc. Coyotes--(During the spring gobbler turkey season) May be taken by persons who have a valid tag and meet fluorescent orange and shot size requirements. Opossums, Skunks, Weasels7
(Statewide)No closed season. These species may not be hunted prior to noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide)7 Oct. 15 Feb. 18, 2006 Unlimited
Bobcat3 Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 15 Feb. 18, 2006 1 1
No open seasons on other wild birds or wild mammals.
1 Only one antlered deer (buck) may be taken during the hunting license year.
2 Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
3 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit and may not be taken during the regular antlered and antleress deer season from 1/2 hour before sunrise to sunset.
4 Only one bear may be taken during the hunting license year.
5 Second spring gobbler may only be taken by persons who possess a valid special wild turkey license as provided for in section 2709 (relating to license costs and fees) of the act.
6 Only one elk may be taken during the hunting license year.
7 May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to sunset.
[Pa.B. Doc. No. 05-495. Filed for public inspection March 18, 2005, 9:00 a.m.]
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