RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[37 Pa.B. 2949]
[Saturday, June 30, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted an amendment 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 37 Pa.B. 1327 (March 24, 2007).

1.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2007-2008 seasons and daily season and possession limits are similar to those set in 2006-2007, the 2007-2008 seasons and bag limits have been amended to conform to current available 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 changes for hunters next season will be expanded squirrel, rabbit and pheasant hunting opportunities Statewide, additional expanded pheasant hunting opportunities in Wildlife Management Units (WMU) 5C and 5D, expanded fall turkey hunting opportunities in WMUs 2G and 4D, reduced fall turkey hunting opportunities in WMUs 2A and 2F, expanded spring turkey hunting opportunities Statewide, expanded deer hunting opportunities in WMUs 2B, 5C and 5D, expanded elk hunting opportunities in Elk Hunt Zone 1 during the September season and expanded mink and bobcat hunting/trapping opportunities. As the next license year is fast approaching, the Commission amended § 139.4 to provide updated seasons and bag limits for the 2007-2008 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 2007-2008 license year.

3.  Persons Affected

   Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2007-2008 license year will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received a total of 572 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer Season (In General)

   Out of a total of 553 comments received concerning this subtopic, 10 supported and 94 opposed the Commission's current deer program, 7 supported and 99 opposed herd reduction, 16 supported limiting each hunter to only one deer harvest per day, 13 supported and 161 opposed the time frame of the concurrent deer rifle season, 12 opposed opening the concurrent deer rifle season on a Monday rather than on a weekend, 10 opposed starting antlerless deer rifle season on the first Monday rather than the first Saturday after Thanksgiving, 1 opposed the length of the concurrent deer rifle season (too short), 2 opposed the length of the concurrent deer rifle season (too long), 1 opposed antlerless hunting in Asaph State Forest, 1 opposed hunting between I-81 and SR 924, 125 opposed the establishment of any antlerless deer season for 1 or 2 years and 1 opposed the special deer rifle season beginning the final weekend of the October muzzleloader season rather prior to the same.

Deer Archery Season

   Out of a total of ten comments received concerning this subtopic, six supported and four opposed a longer archery deer season.

Deer Muzzleloader Season

   Out of a total of two comments received concerning this subtopic, both opposed the establishment of the October muzzleloader season for all bur junior hunters.

Turkey Seasons

   Out of a total of three comments received concerning this subtopic, one opposed a shorter fall turkey season in WMU 2F, one opposed a shorter fall turkey season in WMU 2G and one opposed starting spring gobbler season so late in the spring.

Small Game Season

   Out of a total of two comments received concerning this subtopic, one supported the extension of rabbit season and one supported the extension of grouse season.

Furbearer Hunting/Trapping Season

   Out of a total of two comments received concerning this subtopic, one opposed the establishment of a trapping season and one opposed the length of the cable restraint season (too short).

5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in any additional cost or paperwork.

6.  Effective Date

   The final-form rulemaking will be effective from July 1, 2007, to June 30, 2008, upon publication in the Pennsylvania Bulletin.

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 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 will be effective from July 1, 2007, to June 30, 2008, upon publication in the Pennsylvania Bulletin.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-251 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)
2007-2008 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. 6		Oct. 12	6	12
Squirrels--(Combined species)	Oct. 13		Nov. 24	6	12
		and
	Dec. 10		Dec. 22
		and
	Dec. 26		Feb. 9, 2008
Ruffed Grouse--(Statewide)	Oct. 13		Nov. 24	2	4
		and
	Dec. 10		Dec. 22
		and
	Dec. 26		Jan. 26, 2008
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. 20		Nov. 24	4	8
		and
	Dec. 10		Dec. 22
		and
	Dec. 26		Feb. 9, 2008
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 6		Oct. 12	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, 5C and 5D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 6		Oct. 12	2	4
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B	Oct. 20		Nov. 24	2	4
Ringneck Pheasant--Male or female	Oct. 20		Nov. 24	2	4
combined in Wildlife Management Units		and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D,	Dec. 10		Dec. 22
4A, 4B, 4D, 5C and 5D		and
	Dec. 26		Feb. 9, 2008
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. 20		Nov. 24	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2008	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	Last Day	Daily Limit	Season Limit
Turkey--Male or Female			1	1
Wildlife Management Units 1A, 1B and 2A    (Shotgun, Bow and Arrow only)	Oct. 27	Nov. 12
Wildlife Management Unit 2B    (Shotgun, Bow and Arrow only)	Oct. 27	Nov. 17
Wildlife Management Units    2C, 2E, 2F, 4A and 4B	Oct. 27	Nov. 12
Wildlife Management Units    2D, 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4E	Oct. 27	Nov. 17
Wildlife Management Units 5A and 5B	Closed to fall turkey hunting.
Wildlife Management Units 5C and 5D    (Shotgun, Bow and Arrow only)	Oct. 27	Nov. 2
Turkey (Spring Gobbler) Statewide5    Bearded Bird only	April 26, 2008	May 26, 2008	1	2
Turkey (Spring Gobbler) Statewide Youth Hunt5    Bearded Bird only    Eligible Junior Hunters only with the required    license and when properly accompanied	April 19, 2008	April 19, 2008	1	1

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 Day
Crows	July 1	Nov. 24		Unlimited
(Hunting permitted on Friday,	and
Saturday and Sunday only)	Dec. 28	April 6, 2008
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, 2008	6	12
Quail	Sept. 1	Mar. 31, 2008	4	8
Ruffed Grouse	Sept. 1	Mar. 31, 2008	2	4
Cottontail Rabbits	Sept. 1	Mar. 31, 2008	4	8
Snowshoe or Varying Hare	Sept. 1	Mar. 31, 2008	1	2
Ringneck Pheasant--Male	Sept. 1	Mar. 31, 2008	2	4
and Female--(Combined)
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. 29		Nov. 10	One antlered and
(Archery--Bows and Arrows Only)		and		an antlerless deer
Crossbows may be used in Wildlife	Dec. 26		Jan. 12, 2008	with each required
Management Units 2B, 5C and 5D				antlerless license.
Deer, Antlerless--WMUs 2B, 5C and 5D	Sept. 15		Sept. 28	An antlerless deer
(Archery--Bows and Arrows and Crossbows)		and		with each required
	Nov. 12		Nov. 24	antlerless license.
Deer, Antlerless--WMU 2B	Dec. 10		Dec. 22	An antlerless deer
(Archery--Bows and Arrows and Crossbows)				with each required antlerless license.
Deer, Regular Antlered and Antlerless--(Statewide) 1	Nov. 26		Dec. 8	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. 18		Oct. 20	An antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide)	Oct. 13		Oct. 20	An antlerless deer
(Muzzleloading season)				with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)1	Dec. 26		Jan. 12, 2008	One antlered, or
(Flintlock Muzzleloading season)				one antlerless--plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless	Dec. 26		Jan. 26, 2008	An antlerless deer
Wildlife Management Unit 2B				with each required antlerless license.
Deer, Antlerless	Dec. 10		Dec. 22	An antlerless deer
Wildlife Management Units		and		with each required
5C and 5D	Dec. 26		Jan. 26, 2008	antlerless license.
Deer, Antlerless	Hunting is permitted on days			An antlerless deer
(Letterkenny Army Depot, Franklin	established by the United States			with each required
County and New Cumberland Army	Department of the Army.			antlerless license.
Depot, York County and Fort Detrick, Raven Rock Site, Adams County)

BEAR

Species	First Day	Last Day	Daily Limit	Season Limit
Bear, any age--(Bows and Arrows only)4	Nov. 14	Nov. 15	1	1
Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B and 4D
Bear, any age--(Statewide) 4	Nov. 19	Nov. 21	1	1
Bear, any age 4	Nov. 26	Dec. 1	1	1
Wildlife Management Units 3C 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.
Also, those portions 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 age 4	Nov. 28	Dec. 1	1	1
Wildlife Management Unit 3D
Bear, any age 4	Nov. 26	Dec. 1	1	1
Rockview Prison
ELK
Elk, Antlered and Antlerless 6	Nov. 5	Nov. 10	1	1
(With each required license)
Elk, Antlered and Antlerless 6	Sept. 3	Sept. 29	1	1
(With each required license)	and
Elk Hunt Zone 1	Sept. 1, 2008	Sept. 27, 2008
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 17	Jan. 6, 2008		Unlimited
Beaver--(Statewide)	Dec. 26	Mar. 31, 2008
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,	Oct. 21	Feb. 17, 2008		Unlimited
Skunks, Weasels--(Statewide)
Coyotes & Foxes--(Statewide)	Jan. 1	Feb. 17, 2008		Unlimited
(Cable restraint devices may be used)
Bobcat 3
Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3D	Oct. 21	Feb. 17, 2008	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, Weasels 7 (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. 20	Feb. 16, 2008		Unlimited
Bobcat 3
Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3D	Oct. 20	Feb. 16, 2008	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 antlerless deer season from 1/2 hour before sunrise to 1/2 hour after 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 1/2 hour after sunset.

[Pa.B. Doc. No. 07-1139. Filed for public inspection June 29, 2007, 9:00 a.m.]

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