PROPOSED RULEMAKING

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[36 Pa.B. 13]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2006-2007 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 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

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2006-2007 seasons and daily season and possession limits are similar to those set in 2005-2006, the 2006-2007 seasons and bag limits have been amended to conform to current scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth. Some notable proposed amendments for hunters next season will be expanded beaver trapping opportunities in wildlife management units (WMU) 2E, 5A, 5B, 5C and 5D, as well as expanded bear hunting opportunities in WMUs 2F, 2G, 3A, 4A, 4B and 4D. The expanded bear hunting opportunities are the result of the creation of a proposed trial bear archery season that will take place during the week prior to the traditional Statewide bear season. The Commission proposed this trial bear archery season in response to substantial requests from a portion of the bear hunting community for the same. However, it is important to note that the Commission has proposed this season with some reservation due to its concerns with the creation of new administrative challenges in implementing the new season as well as the creation of additional demands on the bear resource through increased harvest rates. Nonetheless, as the next license year is approaching, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2006-2007 license year.

   Section 322(c)(1) of the code (relating to powers and duties of 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.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 139.4 by establishing 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 during the 2006-2007 license year.

3.  Persons Affected

   Persons wishing to hunt and trap in this Commonwealth during the 2006-2007 license year will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking may result in some additional cost and paperwork associated with the creation of the proposed bear archery season. This is due in part to the fact that any bears harvested will need to be checked by officers in the field on a case-by-case basis since it makes little economic sense to operate traditional check stations. Also, with the creation of any new season the Commission must draw on its resources to ensure necessary administrative and enforcement support.

5.  Effective Date

   The effective dates of the proposed rulemaking are July 1, 2006, to June 30, 2007.

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 Director

   Fiscal Note: 48-216. 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)
2006-2007 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 Limit	Field Possession Limit After First Day
Squirrels--(Combined species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 7		Oct. 13	6	12
Squirrels--(Combined species)	Oct. 14		Nov. 25	6	12
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 3, 2007
Ruffed Grouse--(Statewide)	Oct. 14		Nov. 25	2	4
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Jan. 27, 2007
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. 21		Nov. 25	4	8
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 3, 2007
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. 7		Oct. 13	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	Oct. 7		Oct. 13	2	4
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A, 5B, 5C & 5D	Oct. 21		Nov. 25	2	4
Ringneck Pheasant--Male or female	Oct. 21		Nov. 25	2	4
combined in Wildlife Management Units		and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D	Dec. 11		Dec. 23
4A, 4B & 4D		and
	Dec. 26		Feb. 3, 2007
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. 21		Nov. 25	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2007	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 Limit	Last Day	Daily Limit	Season Limit
Turkey--Male or Female			1	1
Wildlife Management Units 1A & 1B    (Shotgun, Bow & Arrow only)	Oct. 28	Nov. 11
Wildlife Management Units 2A & 2B    (Shotgun, Bow & Arrow only)	Oct. 28	Nov. 18
Wildlife Management Units    2C, 2E, 4A, 4B & 4D	Oct. 28	Nov. 11
Wildlife Management Units    2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C & 4E	Oct. 28	Nov. 18
Wildlife Management Units 5A & 5B	Closed to fall turkey hunting
Wildlife Management Units 5C & 5D    (Shotgun, Bow & Arrow only)	Oct. 28	Nov. 3
Turkey (Spring Gobbler) Statewide5    Bearded Bird only	April 28, 2007	May 26, 2007	1	2
Turkey (Spring Gobbler) Statewide Youth Hunt5	April 21, 2007	April 21, 2007	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.
 

Species	First Day		Last Day	Field Possession Limit After First Day
Crows	July 1		Nov. 25	Unlimited
(Hunting permitted on Friday,		and
Saturday and Sunday only)	Dec. 29		April 1, 2007
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

 

Species	First Day	Last Day	Daily Limit	Field Possession Limit After First Day
	FALCONRY
Squirrels--(Combined species)	Sept. 1	Mar. 31, 2007	6	12
Quail	Sept. 1	Mar. 31, 2007	4	8
Ruffed Grouse	Sept. 1	Mar. 31, 2007	2	4
Cottontail Rabbits	Sept. 1	Mar. 31, 2007	4	8
Snowshoe or Varying Hare	Sept. 1	Mar. 31, 2007	1	2
Ringneck Pheasant--Male and Female--(Combined)	Sept. 1	Mar. 31, 2007	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 & Antlerless--(Statewide)1	Sept. 30		Nov. 11	One antlered and
(Archery--Bows and Arrows Only)		and		an antlerless deer
Crossbows may be used in Wildlife	Dec. 26		Jan. 12, 2007	with each required
Management Units 2B, 5C and 5D				antlerless license.
Deer, Regular Antlered & Antlerless--(Statewide)1	Nov. 27		Dec. 9	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. 19		Oct. 21	An antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide) (Muzzleloading season)	Oct. 14		Oct. 21	An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)1 (Flintlock Muzzleloading season)	Dec. 26		Jan. 13, 2007	One antlered, or one antlerless--plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless Wildlife Management Unit 2B	Dec. 26		Jan. 13, 2007	An antlerless deer with each required antlerless license.
Deer, Antlerless	Dec. 11		Dec. 23	An antlerless deer
Wildlife Management Units		and		with each required
5C & 5D	Dec. 26		Jan. 27, 2007	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--(Bows and Arrows only)4	Nov. 15	Nov. 16	1	1
Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B & 4D
Bear, any age--(Statewide)4	Nov. 20	Nov. 22	1	1
Bear, any age4	Nov. 27	Dec. 2	1	1
Wildlife Management Units 3B, 3C, 3D, 4C & 4E
Bear, any age4	Nov. 27	Dec. 2	1	1
Rockview Prison
	ELK
Elk, Antlered & Antlerless6	Nov. 6	Nov. 11	1	1
(With each required license)
Elk, Antlered & Antlerless6	Sept. 17, 2007	Sept. 22, 2007	1	1
(With each required license)
	FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 18	Jan. 6, 2007	Unlimited
Beaver--(Statewide)	Dec. 26	Mar. 31, 2007
Wildlife Management Units 2E, 2F & 2G (Combined)			20	20
Wildlife Management Units 1A, 1B, 3A, 3B, 3C & 3D (Combined)			20	40
Wildlife Management Units 2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C & 5D (Combined)			10	10
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide)	Oct. 22	Feb. 17, 2007	Unlimited
Coyotes & Foxes--(Statewide) (Cable restraint devices may be used)	Jan. 1	Feb. 17, 2007	Unlimited
Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D	Oct. 22	Feb. 17, 2007	1	1
	FURTAKING--HUNTING
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. 21	Feb. 17, 2007		Unlimited
Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D	Oct. 21	Feb. 17, 2007	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 of the act (relating to license costs and fees).
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. 06-7. Filed for public inspection January 6, 2006, 9:00 a.m.]

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