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PA Bulletin, Doc. No. 08-1192

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[38 Pa.B. 3491]
[Saturday, June 28, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 22, 2008, meeting, adopted the following rulemaking:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2008-2009 hunting 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 38 Pa.B. 1591 (April 5, 2008).

1.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2008-2009 seasons and daily season and possession limits are similar to those set in 2007-2008, the 2008-2009 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 changes for hunters next season will be expanded pheasant hunting opportunities for junior hunters, expanded crow hunting opportunities Statewide, reduced antlerless deer hunting opportunities in Wildlife Management Units (WMUs) 2D, 2G 3C and 4B during the regular firearms season, reduced elk hunting opportunities in Elk Hunt Zone 1 during the September season due to the elimination of the September season after 2008, and finally expanded bobcat hunting/trapping opportunities in WMU 4D.

   Section 322(c)(1) of the code (relating to powers and duties of the 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 authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking . . . '' The amendment of § 139.4 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will amend § 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 2008-2009 license year.

3.  Persons Affected

   Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2008-2009 license year will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received a total of 361 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer Season (in general)

   Out of a total of 303 comments received concerning this subtopic, 14 supported and 115 opposed the Commission's current deer program, 32 supported and 43 opposed retaining concurrent deer seasons, 10 supported retaining concurrent deer seasons for youth, 1 opposed closing concurrent deer seasons on private land in WMUs 2B, 2G, 3C and 4B, 1 opposed closing concurrent deer season on Deer Management Assistant Program (DMAP) properties in WMUs 2B, 2G, 3C and 4B, 14 supported and 4 opposed limiting antlerless deer hunting to the second week of the concurrent deer season in WMUs 2B, 2G, 3C and 4B, 30 opposed limiting antlerless deer hunting to the second week of the concurrent deer season in WMUs 2B, 2G, 3C and 4B only, 1 opposed antlerless seasons after the rut, 2 opposed allowing hunters to harvest more than 1 deer per license year, 2 opposed allowing hunters to harvest more than 1 antlered and 1 antlerless per license year, 1 opposed allowing hunters to harvest more than 1 deer per day, 23 opposed opening all antlerless seasons for 1 or 2 years, 1 opposed all doe seasons on public land for 1 or 2 years, 1 supported and 4 opposed October antlerless seasons, 1 opposed all antlerless seasons after Christmas due to dropped antlers, 1 opposed antlerless seasons in the southwest due to EHD and 2 opposed not allowing rifle hunters to hunt during the rut.

Deer Archery Season

   Out of a total of four comments received concerning this subtopic, all opposed a longer archery deer season.

Deer Muzzleloader Season

   Out of a total of five comments received concerning this subtopic, all opposed the duration of muzzleloader hunting opportunities.

Bear Season

   Out of a total of two comments received concerning this subtopic, one opposed the opening of the extended season in WMU 3D in areas below 500 foot elevation and one opposed the exclusion of WMU 3D from the bear archery season.

Turkey Season

   Out of a total of two comments received concerning this subtopic, one opposed the inclusion of the Monday of Memorial Day in the spring gobbler season and one opposed closing WMU 5A to fall turkey hunting.

Small Game Season

   Out of a total of 43 comments received concerning this subtopic, 2 supported and 36 opposed allowing ruffed grouse hunting in the barrens, 2 opposed the length of ruffed grouse season (too short) and 3 opposed the length of small game seasons (too short).

Furbearer Hunting/Trapping Season

   Out of a total of two comments received concerning this subtopic, one supported a bobcat season and 1 opposed the length of coyote season (too long).

5.  Cost and Paperwork Requirements

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

6.  Effective Date

   The effective dates of the final-form rulemaking are July 1, 2008, to June 30, 2009.

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard A. Palmer, 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 this 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 became effective upon final-form publication in the Pennsylvania Bulletin.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-262 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)
2008-2009 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Species First DayLast 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 lawOct. 11Oct. 17612
Squirrels--(Combined species) Oct. 18 Nov. 29 6 12
and
Dec. 15 Dec. 23
and
Dec. 26 Feb. 7, 2009
Ruffed Grouse--(Statewide) Oct. 18 Nov. 29 2 4
and
Dec. 15 Dec. 23
and
Dec. 26 Jan. 24, 2009
Rabbits, Cottontail Oct. 25 Nov. 29 4 8
and
Dec. 15Dec. 23
and
Dec. 26Feb. 7, 2009
Ringneck Pheasant--Male only in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 11Oct. 1824
Ringneck Pheasant--Male or female combined in WMUs 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 lawOct. 11Oct. 1824
Ringneck Pheasant--Male only in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5BOct. 25Nov. 2924
Ringneck Pheasant--Male or femaleOct. 25Nov. 2924
combined in WMUs and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, Dec. 15Dec. 23
4A, 4B, 4D, 5C and 5D and
Dec. 26 Feb. 7, 2009
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all WMUs except in WMUs 4A, 4B, 5A, 5B, 5C & 5D where the season is closed.Oct. 25Nov. 2948
Hares (Snowshoe Rabbits) or
Varying Hares
Dec. 26 Jan. 1, 20091 2
Woodchucks (Groundhog) No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season.Unlimited
SpeciesFirst Day Last Day Daily LimitSeason Limit
Turkey--Male or Female 1
1
   WMUs 1A, 1B and 2A
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 15
   WMU 2B
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 22
   WMUs
   2C, 2E, 2F, 4A and 4B
Nov. 1 Nov. 15
   WMUs
   2D, 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4E
Nov. 1 Nov. 22
   WMUs 5A and 5B Closed to fall turkey hunting
   WMUs 5C and 5D
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 7
Turkey (Spring Gobbler) Statewide1
   Bearded Bird only
April 25, 2009 May 25, 2009 12
Turkey (Spring Gobbler) Statewide
Youth Hunt1
   Bearded Bird only
   Eligible Junior Hunters only with the required    license and when properly accompanied
April 18, 2009 April 18, 2009 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.

SpeciesFirst DayLast DayDaily LimitField
Possession Limit
After First Day
Crows Jul. 4, 2008 Apr. 5, 2009 Unlimited
(Hunting permitted on Friday, Saturday and Sunday only)
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, 2009 6 12
Quail Sept. 1 Mar. 31, 2009 4 8
Ruffed Grouse Sept. 1 Mar. 31, 2009 2 4
Cottontail Rabbits Sept. 1 Mar. 31, 2009 4 8
Snowshoe or Varying Hare Sept. 1 Mar. 31, 2009 12
Ringneck Pheasant--Male Sept. 1 Mar. 31, 2009 2 4
and Female--(Combined)
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Species First DayLast Day Season Limit
Deer, Antlered and Antlerless--(Statewide)2Oct. 4Nov. 15 One antlered and
(Archery--Bows and Arrows Only) and an antlerless deer
Crossbows may be used in WMUsDec. 26 Jan. 10, 2009 with each required
2B, 5C and 5D antlerless license.
Deer, Antlerless--WMUs 2B, 5C and 5DSept. 20 Oct. 3 An antlerless deer
(Archery--Bows and Arrows and Crossbows) and with each required
Nov. 17 Nov. 29 antlerless license.
and
Dec. 15Dec. 23
Deer, Regular Antlered and Antlerless2 Dec. 1 Dec. 13One antlered, and
WMUs 1A, 1B, 2A, 2B, 2C, 2E, 2F, 3A, an antlerless deer
3B, 3D, 4A, 4C, 4D, 4E, 5A, 5B, 5C and 5D with each required
antlerless license.
Deer, Regular Antlered only2, 8 Dec. 1Dec. 5 One antlered deer
WMUs 2D, 2G, 3C and 4B
Deer, Regular Antlered and Antlerless2, 8 Dec. 6 Dec. 13One antlered, and an
WMUs 2D, 2G, 3C and 4B antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide)Oct. 23Oct. 25 An antlerless deer
Only Junior and Senior License Holders,3with each required
Commission Disabled Person Permit Holders antlerless license.
(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
Deer, Antlerless only--(Statewide) Oct. 18Oct. 25 An antlerless deer
(Muzzleloading season) with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)2Dec. 26Jan. 10, 2009 One antlered, or
(Flintlock Muzzleloading season) one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless Dec. 15 Dec. 23 An antlerless deer
WMUs and with each required
2B, 5C and 5D Dec. 26 Jan. 24, 2009 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)4Nov. 19 Nov. 20 1 1
WMUs 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B and 4D
Bear, any age--(Statewide)4Nov. 24 Nov. 26 11
Bear, any age4Dec. 1Dec. 6 1 1
WMUs 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.
Portions of WMUs 2G in Lycoming and Clinton counties, and 3B in Lycoming County that lie North of the West Branch of the Susquehanna River from the Rt. 405 Bridge, West to Rt. 15 at Williamsport, Rt. 15 to Rt. 220, and North of Rt. 220 to the Mill Hall exit, North of SR 2015 to Rt. 150; East of Rt. 150 to Lusk Run Road and South of Lusk Run Road to Rt. 120, Rt. 120 to Veterans Street Bridge to SR 1001; East of SR 1001 to Croak Hollow Road, South of Croak Hollow Road to Rt. 664 (at Swissdale), South of Rt. 664 to Little Plum Road (the intersection of SR 1003), South of SR 1003 to SR 1006, South of SR 1006 to Sulphur Run Road, South of Sulphur Run Road to Rt. 44, 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 Dec. 3 Dec. 6 1 1
WMUs 4C, 4D and 4E
Bear, any age4Dec. 1 Dec. 6 11
Rockview Prison
ELK
Elk, Antlered and Antlerless5Nov. 3 Nov. 8 11
(With each required license)
Elk, Antlered and Antlerless5 Sep. 1 Sep. 271 1
(With each required license)
Elk Hunt Zone 1
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide) Nov. 22 Jan. 11, 2009 Unlimited
Beaver--(Statewide) Dec. 26 Mar. 31, 2009
WMUs 2E, 2F and 2G (Combined) 2020
WMUs
1A, 1B, 3A, 3B, 3C and 3D (Combined) 20 40
WMUs
2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E,
5A, 5B, 5C and 5D (Combined) 1010
Coyotes, Foxes, Opossums, Raccoons, Oct. 26 Feb. 22, 2009 Unlimited
Skunks, Weasels--(Statewide)
Coyotes & Foxes--(Statewide) Jan. 1, 2009 Feb. 22, 2009 Unlimited
(Cable restraint devices may be used)
Bobcat6
WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D and 4D Oct. 26Feb. 22, 2009 11
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 No closed season. These species may (Statewide) not be hunted prior to noon during the spring gobbler turkey season.
Raccoons and Foxes--(Statewide)7 Oct. 25Feb. 21, 2009 Unlimited
Bobcat6
WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D amd 4D Oct. 25 Feb. 21, 2009 11

No open seasons on other wild birds or wild mammals.

1 Only persons who possess a special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of 2 gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.

2 Only one antlered deer (buck) may be taken during the hunting license year.

3 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).

4 Only one bear may be taken during the hunting license year.

5 Only one elk may be taken during the hunting license year.

6 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.

7 May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to sunset.

8 Season changes in WMUs 2D, 2G, 3C and 4B are for the purpose of a 4 year study which must be completed before additional units are modified.

[Pa.B. Doc. No. 08-1192. Filed for public inspection June 27, 2008, 9:00 a.m.]



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