PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Turkey
[36 Pa.B. 22] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 141.45 (relating to turkey).
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 October 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Currently, § 141.45 does not clearly define the types of devices that may lawfully be used to harvest wild turkey during the fall season, as it does for the spring gobbler season and for seasons of other game species. The absence of this type of language creates confusion for hunters and Commission staff respecting what implements may lawfully be used during the fall turkey season. In addition, the Commission has been receiving many requests to expand the permissible use of crossbows to the fall and spring turkey seasons. After consideration of the safety and wildlife management aspects involved, the Commission has determined that an expansion is presently justified. Therefore, to be consistent with other hunting seasons, eliminate confusion and also expand hunting opportunity, the Commission is proposing to amend § 141.45 to clearly define the types of implements that may lawfully be used to hunt turkey during the fall season and also expand the lawful use of crossbows during both the fall and spring turkey season.
Section 322(c)(5) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 2102(a) of the code 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 protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and 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 § 141.45 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.45 to clearly define the types of devices that may lawfully be used to harvest wild turkey during the fall turkey season and also expand the lawful use of crossbows to both the fall and spring turkey seasons.
3. Persons Affected
Persons wishing to hunt wild turkey during the fall and spring turkey seasons will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. 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.
6. 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: 48-221. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.45. Turkey.
(a) While hunting wild turkey it is unlawful to:
* * * * * (5) Use anything other than rimfire, centerfire or muzzleloading rifles and handguns or shotguns, bows or crossbows.
(b) While hunting turkey during the spring gobbler season it is:
(1) Lawful to use bows, crossbows and shotguns with shot no larger than #4 lead, #4 Bismuth/tin or #2 steel and mouth or hand operated callers.
* * * * *
[Pa.B. Doc. No. 06-11. Filed for public inspection January 6, 2006, 9:00 a.m.]
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