RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[36 Pa.B. 3244]
[Saturday, July 1, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2006, meeting, adopted amendments to § 139.4 (relating to seasons and bag limits for the license year).
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 36 Pa.B. 13 (January 7, 2006).
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 changes 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 trial bear archery season that will take place during the week prior to the traditional Statewide bear season. The Commission created 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 created 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 has amended § 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 adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 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 final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 3,302 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:
Deer Season (in general)
Out of a total of 815 comments received concerning this subtopic, 69 support the Commission's current deer program, 18 oppose permitting hunters to harvest more than 1 antlerless deer per license year, 2 oppose permitting hunters to harvest more than 2 antlerless deer per license year, 5 oppose antlerless deer hunting outside of October, 550 oppose the concurrent antlered/antlerless deer seasons or the length of the antlerless deer season, or both, 120 support the concurrent antlered/antlerless deer seasons, 28 oppose the opening of any antlerless deer seasons, 1 opposes all antlered deer hunting prior to the rut, 1 supports combining the archery, rifle and muzzleloader seasons into one 2-week season, 6 support opening the deer rifle season on the Saturday after Thanksgiving, 1 supports antlerless deer hunting prior to the rut, 1 supports limiting the antlerless deer season to youth hunters only, 1 supports extending deer rifle season, 3 support extending youth antlerless firearms season to two Saturdays and 9 support limiting or closing all early antlerless deer seasons.
Deer Archery Season
Out of a total of 515 comments received concerning this subtopic, 220 oppose the duration of the deer archery season (too long), 288 support the duration of the deer archery season and 7 support increasing the duration of the deer archery season.
Deer Muzzleloader Season
Out of a total of 444 comments received concerning this subtopic, 123 support the early deer muzzleloader season, 318 oppose the early deer muzzleloader season, 2 support permitting hunters to harvest antlered deer in the October muzzleloader season and 1 supports extending the early deer muzzleloader season to 2 weeks.
Bear Season
Out of a total of 1,505 comments received concerning this subtopic, 1,485 support the bear archery season, 9 oppose the bear archery season, 1 supports extending the bear archery season, 5 support the concurrent deer/bear seasons, 3 oppose the concurrent deer/bear seasons and 2 support extending the traditional bear season.
Turkey Seasons
Out of a total of three comments received concerning this subtopic, one opposes the two-bird limit for the spring turkey season, one supports extending the duration of the fall turkey season and one opposes the youth spring turkey season on Earth Day.
Small Game Season
Out of a total of 16 comments received concerning this subtopic, 11 support expanding or opening small game season earlier, 1 opposes the duration/opening of pheasant season in WMU 2C, 1 supports permitting hunters to take male and female pheasants in WMU 2C, 2 oppose the opening of the spring and fall turkey seasons due to the spread of bird flu and 1 supports expanding crow season due to the spread of bird flu.
Furbearer Hunting/Trapping Season
The single comment received concerning this subtopic supported opening the raccoon, fox and coyote seasons later.
Waterfowl Seasons
Out of a total of three comments received concerning this subtopic, one supports reducing goose season at Middle Creek, one supports the establishment of a spring goose season and one supports the establishment of a swan season.
5. Cost and Paperwork Requirements
The final-form rulemaking may result in some additional cost and paperwork associated with the creation of the bear archery season due to the need to ensure necessary administrative and enforcement support for the same. However, the Commission has determined that if there is any additional expense associated with the proposed bear archery season, it will not be substantial and would be absorbed by the current budget.
6. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
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 become effective upon final-form publication in the Pennsylvania Bulletin.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-216 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)
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 DaySquirrels--(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 and 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 and 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 and 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 and 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 and 5D where the season is closed. Oct. 21 Nov. 25 4 8 Hares (Snowshoe Rabbits) or
Varying HaresDec. 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 LimitLast Day Daily
LimitSeason
LimitTurkey--Male or Female 1 1 Wildlife Management Units 1A & 1B
(Shotgun, Bow and Arrow only)Oct. 28 Nov. 11 Wildlife Management Units 2A & 2B
(Shotgun, Bow and Arrow only)Oct. 28 Nov. 18 Wildlife Management Units
2C, 2E, 4A, 4B and 4DOct. 28 Nov. 11 Wildlife Management Units
2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C and 4EOct. 28 Nov. 18 Wildlife Management Units 5A and 5B Closed to fall turkey hunting
Wildlife Management Units 5C and 5D
(Shotgun, Bow and Arrow only)Oct. 28 Nov. 3 Turkey (Spring Gobbler) Statewide5
Bearded Bird onlyApril 28, 2007 May 26, 2007 1 2 Turkey (Spring Gobbler) Statewide
Youth Hunt5April 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 Daily Limit Field
Possession Limit
After First DayCrows 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
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 and 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. 13, 2007 with each required Management Units 2B, 5C and 5D antlerless license. Deer, Regular Antlered and 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 licenseOct. 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 2BDec. 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 and 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
LimitSeason
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 and 4D Bear, any age--(Statewide)4 Nov. 20 Nov. 22 1 1 Bear, any age4 Nov. 27 Dec. 2 1 1 Wildlife Management Units 3C, 3D and that portion of 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42. Portion of Wildlife Management Units 2G and 3B in Lycoming County that lie North of the West branch of the Susquehanna River from the Rt. 405 bridge, West to the Rt. 220 bridge, East of Rt. 220 to Rt. 44 and East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West branch of the Susquehanna River. Bear, any age4 Nov. 27 Dec. 2 1 1 Rockview Prison ELK Elk, Antlered and Antlerless6 Nov. 6 Nov. 11 1 1 (With each required license) Elk, Antlered and 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 and 2G (Combined)20 20 Wildlife Management Units
1A, 1B, 3A, 3B, 3C and 3D (Combined)20 40 Wildlife Management Units
2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D,
4E, 5A, 5B, 5C and 5D (Combined)10 10 Coyotes, Foxes, Opossums, Raccoons,
Skunks, Weasels--(Statewide)Oct. 22 Feb. 17, 2007 Unlimited
Coyotes and 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 and 3DOct. 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 and 3DOct. 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. 06-1201. Filed for public inspection June 30, 2006, 9:00 a.m.]
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