PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Muzzleloading Firearms

[37 Pa.B. 2838]
[Saturday, June 23, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, proposed to amend § 141.18 (relating to permitted devices).

   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 April 18, 2007, meeting of the Commission. Comments can be sent, until June 25, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Each year the Commission is asked to review the potential permissive use of various devices for hunting or trapping purposes that are otherwise prohibited by statute or regulation. As part of the review process, the Commission generally considers to what degree the use of a given device might negatively impact principles of resource conservation, equal opportunity, fair chase or public safety. Two devices that have recently been presented to the Commission for consideration are: 1) muzzleloading firearms using an electronic impulse to trigger discharge; and 2) illuminated nocks for arrows and bolts. After thoughtful review of these devices, the Commission determined that their use would have negligible impacts on the previously mentioned principles while still providing increased opportunity to hunters interested in using these devices. Therefore, the Commission is proposing to amend § 141.18 to permit the lawful use of muzzleloading firearms using an electronic impulse to trigger discharge and illuminated nocks for arrows and bolts.

   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.'' The amendments to § 141.18 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 141.18 to permit the lawful use of muzzleloading firearms using an electronic impulse to trigger discharge and illuminated nocks for arrows and bolts.

3.  Persons Affected

   Persons wishing to hunt through the use of muzzleloading firearms using an electronic impulse to trigger discharge and illuminated nocks for arrows and bolts will 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 Director

   Fiscal Note: 48-254. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.18. Permitted devices.

   The following devices may be used to hunt or take wildlife:

   (1)  Any manually operated firearm that uses an electronic impulse to detonate the primer or main powder charge of the [cartridge] ammunition unless [manually operated] those firearms are a specifically prohibited device.

*      *      *      *      *

   (4)  Electronic illuminating devices that are affixed at the aft end of a bolt or arrow and used solely for the purpose of locating or tracking bolt or arrow flight after being launched from a crossbow or bow.

[Pa.B. Doc. No. 07-1085. Filed for public inspection June 22, 2007, 9:00 a.m.]

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