PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Big Game
[37 Pa.B. 1320]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, 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 January 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 2007.
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, all muzzleloading handguns are prohibited from use while hunting any big game animals. The Commission 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.
The Commission has also received requests from certain hunters to permit the lawful use of aperture or peep sights during the flintlock muzzleloading season. Currently, § 141.43 prohibits the use of aperture or peep sights during the flintlock muzzleloading season. The Commission has determined that the use of aperture or peep sights during the flintlock muzzleloading season would be permissible since their use appears to be consistent with 18th century technology and therefore would not undermine the traditional nature of the flintlock muzzleloading season. Therefore, the Commission is proposing to amend § 141.43 to permit the lawful use of aperture or peep sights during the flintlock muzzleloading season.
The Commission has also received a number of requests from hunters to permit the lawful use and possession of both a bow and arrow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons. Currently, § 141.43 prohibits the possession of any firearm while hunting during the early and late archery seasons with a bow and arrow or crossbow. The Commission has determined that the dual use and possession of both a bow and arrow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons would be permissible only to the extent that the person is in possession of both a valid archery license and valid muzzleloader license and meets the greater protective material requirements for the muzzleloader season, if applicable. Therefore, the Commission is proposing to amend § 141.43 to permit the lawful use and possession of both a bow and arrow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons.
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 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. The proposed rulemaking will also amend § 141.43 to permit the lawful use of aperture or peep sights during the flintlock muzzleloading season and to permit the lawful use and possession of both a bow and arrow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons.
3. Persons Affected
Persons wishing to hunt deer, bear or elk in this Commonwealth with a muzzleloading firearm 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 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: 48-247. 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:
(i) A muzzleloading handgun.
(ii) A muzzleloading firearm that is not .44 caliber or larger.]
Hunt for deer or bear through the use of a muzzleloading long gun that is not .44 caliber or larger or a muzzleloading handgun that is not .50 caliber or larger.
* * * * * § 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
(1) Possess a firearm, except during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons, when a person may use and possess both a bow and arrow or crossbow and a muzzleloading firearm only if that person is in possession of both a valid archery license and a valid muzzleloader license and meets the greater protective material requirements for the muzzleloader season, if applicable.
* * * * * (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] firearms which:
(1) [Is .44 caliber or larger and has open sights.] Are .44 caliber or larger long guns or .50 caliber or larger handguns.
* * * * * (d) Prohibitions. While hunting deer during the flintlock muzzleloading season, it is unlawful to:
* * * * * (2) [Use telescope, aperture or peep sights.] Use telescopic 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 firearms 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 propel 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. 07-493. Filed for public inspection March 23, 2007, 9:00 a.m.]
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