PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 131 AND 139]
Preliminary Provisions; Seasons and Bag Limits
[36 Pa.B. 12] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend §§ 131.2 and 139.2 (relating to definitions).
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, the definitions in § 139.2 define various terms for the purposes of Chapter 139 (relating to seasons and bad limits) only. Unfortunately, this means that some of the important terms defined in this section have no definition for the purposes of other chapters. To better serve the Commission and the public, the Commission is proposing to relocate the majority of the definitions in § 139.2 with cross-chapter application to § 131.2, which should allow these definitions to have broader application.
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 possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' 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 amendments to §§ 131.2 and 139.2 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 131.2 and 139.2 by relocating the majority of the definitions in § 139.2 to § 131.2 to permit cross chapter application of the subject definitions.
3. Persons Affected
Persons wishing to hunt and trap in this Commonwealth may 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: 48-225. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Antlered deer--
(i) In Wildlife Management Units 1A, 1B, 2A, 2B and 2D, a deer having four or more points to one antler.
(ii) In all other wildlife management units, a deer having three or more points to one antler.
(iii) In all wildlife management units, junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length.
Antlered elk--An elk having at least one spike visible above the hairline.
Antlerless deer--A deer without antlers, or a deer with antlers both of which are less than 3 inches in length.
Antlerless elk--An elk without antlers, or an elk with no spike visible above the hairline.
* * * * * Client--A person who receives the services of a guide.
Closed season--Periods of the calendar year and hours during which it is unlawful to take game or wildlife.
* * * * * Early small game hunting season--A designated period when the only resident small game which may be hunted and taken are woodchucks, squirrels and grouse.
* * * * * Guide--A person who assists another person to hunt or take game by locating game, calling game or directing another to game.
* * * * * Point--An antler projection at least 1 inch in length from base to tip. The main beam tip shall be counted a point regardless of length.
* * * * * Protected deer--A deer not defined as an antlered deer or an antlerless deer.
* * * * * Regular firearms deer season--The designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only.
Regular small game hunting season--The designated period of time when resident small game species may be hunted and taken.
* * * * * Special firearms deer season--Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.
* * * * *
CHAPTER 139. SEASONS AND BAG LIMITS § 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[Antlered deer--
(i) In Wildlife Management Units 1A, 1B, 2A, 2B and 2D, a deer having four or more points to one antler.
(ii) In all other wildlife management units, a deer having three or more points to one antler.
(iii) In all wildlife management units, junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length.
Antlered elk--An elk having at least one spike visible above the hairline.
Antlerless deer--A deer without antlerless, or a deer with antlers both of which are less than 3 inches in length.
Antlerless elk--An elk without antlers, or an elk with no spike visible above the hairline.
Client--Any person who receives the services of a guide.
Closed season--Periods of the calendar year and hours during which it is unlawful to take game or wildlife.]
* * * * * [Early small game hunting season--A designated period when only squirrels and grouse may be hunted and taken.]
* * * * * [Guide--Any person who assists another person to hunt or take game by locating game, calling game or directing another to game.
Point--An antler projection at least 1 inch in length from base to tip, the main beam tip shall be counted a point regardless of length.
Protected deer--A deer not defined as an antlered deer or an antlerless deer.
Regular firearms deer season--The designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only.
Regular small game hunting season--The designated period of time when resident small game species may be hunted and taken.]
* * * * * [Special firearms deer season--Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.]
[Pa.B. Doc. No. 06-6. Filed for public inspection January 6, 2006, 9:00 a.m.]
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