PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[36 Pa.B. 7872]
[Saturday, December 23, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 3, 2006, meeting, proposed to amend §§ 141.41, 141.43 and 141.47 (relating to general; deer; and elk).
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 3, 2006, meeting of the Commission. Comments can be sent, until January 19, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has received a number of requests from hunters to permit the lawful use of muzzleloading handguns to hunt various big game animals. Currently, muzzleloading handguns are prohibited from use while hunting big game animals. Commission staff has determined that use of muzzleloading handguns would be reasonable so long as their use is limited to deer, bear and elk and to .50 caliber or larger muzzleloading handguns only. Therefore, the Commission is proposing to amend §§ 141.41, 141.43 and 141.47 to permit the lawful use of .50 caliber or larger muzzleloading handguns while hunting deer, bear and elk.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, 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 (relating to regulations) 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 §§ 141.41, 141.43 and 141.47 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.41, 141.43 and 141.47 to permit the lawful use of .50 caliber or larger muzzleloading handguns while hunting deer, bear and elk.
3. Persons Affected
Persons wishing to hunt deer, bear or elk in this Commonwealth with a muzzleloading handgun will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any 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 Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-238. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
* * * * * (b) It is unlawful to:
* * * * * (2) Hunt for deer or bear through the use of [any one or more of the following:] a muzzleloading long gun that is not .44 caliber or larger or a muzzleloading handgun that is not .50 caliber or larger.
[(i) A muzzleloading handgun.
(ii) A muzzleloading firearm that is not .44 caliber or larger.]
* * * * * § 141.43. Deer.
* * * * * (b) Flintlock muzzleloading season. Firearms lawful for use are original muzzleloading single-barrel [long guns] firearms manufactured prior to 1800, or [a similar reproduction] similar reproductions of an original muzzleloading single-barrel [long gun] firearm which:
(1) [Is .44 caliber or larger and has open sights] Are .44 caliber or larger long guns or .50 caliber or larger handguns.
* * * * * (3) Have open sights.
* * * * * (e) Muzzleloading season. Firearms lawful for use are muzzleloading single-barrel [long guns] firearms which:
(1) Are .44 caliber or larger long guns or .50 caliber or larger handguns.
* * * * * § 141.47. Elk.
It is unlawful while hunting elk to:
(1) Use any [rifle or handgun which is not centerfire and at least .27 caliber] centerfire firearm less than .27 caliber or that propels a single-projectile less than 130 grains.
(2) Use any [projectile which is not all lead or designed to expand on impact and at least 130 grains] muzzleloading firearm less than .50 caliber or that propels a single-projectile less than 210 grains.
(3) [Use muzzleloading firearms other than long guns which are at least .50 caliber and propels a single-projectile that weighs at least 210 grains.
(4)] Use any shotgun less than 12 gauge.
[(5)] (4) * * *
[(6)] (5) * * *
[(7)] (6) * * *
[(8)] (7) * * *
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) * * *
[(12)] (11) * * *
[(13)] (12) * * *
[Pa.B. Doc. No. 06-2518. Filed for public inspection December 22, 2006, 9:00 a.m.]
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