PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[39 Pa.B. 1668]
[Saturday, April 4, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) by notational vote completed on March 4, 2009, proposed the following rulemaking:

   Amend §§ 141.43 and 141.44 (relating to deer; and bear) to remove the prohibition on the use of magnifying telescopic sights on bows and crossbows during deer and bear archery seasons.

   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 by Commission news release on March 5, 2009. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 17, 2009.

1.  Purpose and Authority

   On January 27, 2009, the Commission adopted regulatory amendments that, in relevant part, authorized the use of the crossbow during deer and bear archery seasons. This authorization was qualified by language prohibiting the use of magnifying telescopic sights on bows and crossbows. In light of extensive public comment received by the Commission concerning the prohibition on the use of magnifying telescopic sights on crossbows during the respective archery seasons, the Commission is prepared to revisit and promote further discussion on the issue. To this end, the Commission is proposing to amend §§ 141.43 and 141.44 to remove the prohibition on the use of magnifying telescopic sights on crossbows.

   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 §§ 141.43 and 141.44 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend §§ 141.43 and 141.44 to remove the prohibition on the use of magnifying telescopic sights on bows and crossbows during deer and bear archery seasons.

3.  Persons Affected

   Persons wishing to hunt white-tailed deer or black bear during their respective archery seasons within this Commonwealth may 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 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, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717)783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-284. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter C.  BIG GAME

§ 141.43.  Deer.

   (a)  Archery deer season.

*      *      *      *      *

   (2)  Prohibitions. While hunting deer during the archery deer season, it is unlawful to:

*      *      *      *      *

   [(iii)  Use magnifying telescopic sights.]

*      *      *      *      *

§ 141.44.  Bear.

   (a)  Archery bear season.

*      *      *      *      *

   (2)  Prohibitions. While hunting bear during the archery bear season, it is unlawful to:

*      *      *      *      *

   [(v)  Use magnifying telescopic sights.]

*      *      *      *      *

[Pa.B. Doc. No. 09-622. Filed for public inspection April 3, 2009, 9:00 a.m.]

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