RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[35 Pa.B. 3928] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 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 final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 35 Pa.B. 1766 (March 19, 2005).
1. 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 current 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 Wildlife Management Units (WMU) 5C and 5D, expanded deer hunting opportunities through the Deer Management Assistance Program, expanded bear hunting opportunities, expanded elk hunting opportunities and new and expanded youth-only hunting seasons. Additionally, the Commission has given final approval to the addition of the special wild turkey license, which will enable hunters who purchase this license the ability to harvest a second spring gobbler in the 2006 spring gobbler season. As the next license year is fast approaching, the Commission has amended § 139.4 to provide updated 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 adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking will establish when and where it is lawful to hunt and trap various game species and also place limits on the numbers that may be legally harvested.
3. Persons Affected
Persons wishing to hunt and trap game and wildlife in this Commonwealth will be affected by the final rulemaking.
4. Comment and Response Summary
The Commission received a total of 14,354 official comments and 9 petitions containing a total of 4,623 signatures regarding this final-form rulemaking. The comments received regarded the following subtopics:
Deer Season (in general)
Out of a total of 5,120 comments received regarding this subtopic, 963 support concurrent deer season, 3,992 oppose concurrent deer season, 135 oppose open antlerless season for the 2005-2006 hunting license year, 52 oppose current deer bag limits (allow too many per year) and 9 oppose October special firearms season. The breakdown of the 9 petitions received is as follows: 1) 826 oppose concurrent deer season and oppose open antlerless season on public lands north of I-80; 2) 1,677 oppose duration of antlerless season in north central Pennsylvania (too long); 3) 146 support antler restrictions but oppose duration of antlerless season (too long); 4) 46 oppose duration of antlerless season (too long); 5) 410 oppose open antlerless season in WMU 2C; 6) 147 oppose duration of antlerless season (too long); 7) 432 oppose concurrent deer seasons and oppose duration of antlerless season (too long); 8) 833 oppose concurrent deer seasons and oppose duration of antlerless season (too long); and 9) 106 oppose open antlerless season for the 2005-2006 hunting license year.
Archery Season
Out of a total of 4,701 comments received regarding this subtopic, 2,129 oppose duration of archery season (too long), 2,569 support duration of archery season and 3 oppose lack of bear archery season.
Muzzleloader Season
Out of a total of 4,530 comments received regarding this subtopic, 1,685 support October muzzleloader season and 2,845 oppose October muzzleloader season.
Small Game Season
All three comments received regarding this subtopic oppose the duration of small game season (too short).
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
The effective dates of the final-form rulemaking are July 1, 2005, to June 30, 2006.
7. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall is effective from July 1, 2005, to June 30, 2006.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-199 remains valid for the final adoption of the subject regulation.
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
Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--(Combined species)
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 8 Oct. 14 6 12 Squirrels--(Combined species) Oct. 15 Nov. 26 6 12 and Dec. 12 Dec. 23 and Dec. 26 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 female Oct. 22 Nov. 26 2 4 combined in Wildlife Management Units and 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, Dec. 12 Dec. 23 3C, 3D, 4A, 4B & 4D and 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
Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female 1 1 Wildlife Management Units 1A & 1B Oct. 29 Nov. 12 (Shotgun, Bow & Arrow only) Wildlife Management Units 2A & 2B Oct. 29 Nov. 19 (Shotgun, Bow & Arrow only) 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 (Shotgun, Bow & Arrow only) 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 April 22, 2006 April 22, 2006 1 1 Bearded Bird only Eligible junior hunters only with the required license and when properly accompanied
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.A. §§ 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.
Field Possession Daily Limit After Species First Day Last Day Limit First Day Crows July 1 Nov. 27 Unlimited
(Hunting permitted on Friday, Saturday and 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 season Unlimited
FALCONRY
Field Possession Daily Limit After Species First Day Last Day Limit First Day 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 Sept. 1 Mar. 31, 2006 2 4 and Female--(Combined) Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Season Species First Day Last Day Limit Deer, Antlered & Antlerless--(Statewide)1 Oct. 1 Nov. 12 One antlered and (Archery--Bows and Arrows Only) and an antlerless deer Crossbows may be used in Wildlife Dec. 26 Jan. 14, 2006 with each required Management Units 2B, 5C and 5D antlerless license. 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) Oct. 20 Oct. 22 An antlerless deer Only Junior and Senior License Holders,2 with each required PGC Disabled Person Permit Holders antlerless license. (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 Deer, Antlerless only--(Statewide) Oct. 15 Oct. 22 An antlerless deer (Muzzleloading season) with each required antlerless license. Deer, Antlered or Antlerless--(Statewide)1 Dec. 26 Jan. 14, 2006 One antlered, or (Flintlock Muzzleloading season) one antlerless-plus an additional antlerless deer with each required antlerless license. Deer, Antlerless Dec. 26 Jan. 14, 2006 An antlerless deer Wildlife Management Unit 2B 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 Hunting is permitted on days An antlerless deer (Letterkenny Army Depot, Franklin established by the United States with each required County and New Cumberland Army Department of the Army. antlerless license. Depot, York County and Fort Detrick, Raven Rock Site, Adams County)
BEAR
Daily Season First Day Last Day Limit Limit Bear, any age--(Statewide)4 Nov. 21 Nov. 23 1 1 Bear, any age4 Nov. 28 Dec. 3 1 1 Wildlife Management Units 3B, 3C, 3D, 4C and 4E Bear, any age4 Nov. 28 Dec. 3 1 1 Rockview Prison
ELK
Daily Season First Day Last Day Limit Limit Elk, Antlered & Antlerless6 Nov. 7, 2005 Nov. 12, 2005 1 1 (With each required license) Elk, Antlered & Antlerless6 Sept. 18, 2006 Sept. 23, 2006 1 1 (With each required license)
FURTAKING--TRAPPING
Daily Season Species First Day Last Day Limit 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
Daily Season Species First Day Last Day Limit Limit Coyotes, Foxes, Opossums, Raccoons, Oct. 16 Feb. 18, 2006 Unlimited Skunks, Weasels--(Statewide) Bobcat3 Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 16 Feb. 18, 2006 1 1
FURTAKING--HUNTING
Daily Season Species First Day Last Day Limit Limit Coyotes--(Statewide) Outside of any deer or bear season Unlimited
may be taken with a hunting license or a furtaker's license and without wearing orange. 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 No closed season. These species may (Statewide) 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 antlerless 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. 05-1332. Filed for public inspection July 15, 2005, 9:00 a.m.]
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