RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits
[39 Pa.B. 2792]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 21, 2009, 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 2009-2010 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 39 Pa.B. 1532 (March 28, 2009).
1. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although similar to last year, the 2009-2010 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 the Commonwealth. Some notable changes for hunters next season will be closures to all pheasant hunting in any area designated as a wild pheasant recovery area within any wildlife management unit, reduced wild turkey hunting opportunities in WMU's 2D, 5C and 5D, expanded wild turkey hunting opportunities in WMU 2F, and finally expanded flintlock muzzleloader deer hunting opportunities in WMU's 2B, 5C and 5D. As the next license year is fast approaching, the Commission amended § 139.4 to provide updated seasons and bag limits for the 2009-2010 license year.
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 amendments to § 139.4 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amended § 139.4 to provide updated seasons and bag limits for the 2009-2010 license year.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2009-2010 license year will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 79 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:
Deer Season (in general)
Out of a total of 61 comments received concerning this subtopic, three supported and 29 opposed the Commission's current deer program, one supported and 12 opposed retaining concurrent deer seasons, two supported retaining concurrent deer seasons for youth, one requested split antlered/antlerless seasons in all WMU's, two opposed the split antlered/antlerless season in WMU 2G, one opposed the split antlered/antlerless season in WMU 3C, one opposed the split antlered/antlerless season in WMU 4B, one requested a closure to antlerless deer hunting for the first 5 days of the regular firearms deer season in WMU 5A, two requested opening deer rifle season the first Saturday after Thanksgiving, one requested a general expansion of deer seasons in urban WMU's, one requested that seniors be permitted to harvest an antlered or an antlerless deer with an antlered tag, one requested that the Commission limit hunters to one deer a year, one requested an extension of the deer seasons in the special regulations areas until February or March, one requested a general reduction in the length of regular firearms deer season and one requested a closure of all deer seasons for 1 year to permit the herd to recover.
Deer Archery Season
The single comment received concerning this subtopic opposed the length of the archery deer seasons.
Turkey Season
Out of a total of four comments received concerning this subtopic, one opposed the closure to fall turkey hunting in WMU 5A, requested the creation of a winter turkey season and one requested the creation of a senior-only day for the fall and/or spring turkey seasons.
Small Game Season
Out of a total of four comments received concerning this subtopic, one requested the addition of 6 days to the snowshoe hare season in 2009-2010, two requested a general expansion of rabbit season and one requested an increase to the squirrel bag limit.
Furbearers
Out of a total of three comments received concerning this subtopic, one requested opening a season on river otters, one requested a general expansion of muskrat season and one requested a general reduction to the liberal harvesting of coyotes.
Waterfowl
Out of a total of six comments received concerning this subtopic, one requested a general extension of Canada goose season until April, one requested an increase in Canada goose harvest opportunities due to airline concerns, one requested an increase in Canada goose harvest in the Atlantic Population Zone and one requested a general expansion of crow season.
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, 2009, to June 30, 2010.
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 amendments 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 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) The adoption of these amendments 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 become effective upon final-form publication in the Pennsylvania Bulletin.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-278 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)
2009-2010 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Field Possession Limit After
Species First Day Last Day Daily Limit First Day Squirrels--(Combined species) Oct. 10 Oct. 16 6 12 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Squirrels--(Combined species) Oct. 17 Nov. 28 6 12 and Dec. 14 Dec. 23 and Dec. 26 Feb. 6, 2010 Ruffed Grouse Oct. 17 Nov. 28 2 4 and Dec. 14 Dec. 23 and Dec. 26 Jan. 23, 2010 Rabbits, Cottontail Oct. 24 Nov. 28 4 8 and Dec. 14 Dec. 23 and Dec. 26 Feb. 6, 2010 Ring-necked Pheasant--There is no open season for the taking of pheasants in any area designated as a wild pheasant recovery area within any wildlife management unit. Ring-necked Pheasant--Male only in Oct. 10 Oct. 17 2 4 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 law. Ring-necked Pheasant--Male or female Oct. 10 Oct. 17 2 4 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 law. Ring-necked Pheasant--Male only Oct. 24 Nov. 28 2 4 in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B Ring-necked Pheasant--Male or female Oct. 24 Nov. 28 2 4 combined in WMUs 1A, 1B, 2D, 2E, 2F, 2G, and and 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D Dec. 14 Dec. 23 and Dec. 26 Feb. 6, 2010 Bobwhite Quail--The hunting Oct. 24 Nov. 28 4 8 and taking of bobwhite quail is permitted in all WMUs except in WMUs 4A, 4B, 5A, 5B, 5C and 5D where the season is closed. Hares (Snowshoe Rabbits) or Dec. 26 Jan. 1, 2010 1 2 Varying Hares Woodchucks (Groundhog) No closed season except during the Unlimited regular firearms deer seasons and until noon daily during the spring gobbler turkey season.
Species First Day Last Day Daily Limit Season Limit Turkey--Male or Female 1 1 WMUs 1A, 1B and 2A Oct. 31 Nov. 14 (Shotgun, Bow and Arrow only) WMU 2B Oct. 31 Nov. 21 (Shotgun, Bow and Arrow only) WMUs 2C, 2D, 2E, 2F, 4A and 4B Oct. 31 Nov. 14 WMUs 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4E Oct. 31 Nov. 21 WMUs 5A and 5B Closed to fall turkey hunting WMUs 5C and 5D Oct. 31 Nov. 4 (Shotgun, Bow and Arrow only) Turkey (Spring Gobbler) Statewide1
Bearded Bird onlyMay 1, 2010 May 31, 2010 1 2 Turkey (Spring Gobbler)
Statewide Youth Hunt1
Bearded Bird only
Eligible junior hunters only, with the required license and when properly accompaniedApril 24, 2010 April 24, 2010 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.
Field Possession Limit After Species First Day Last Day Daily Limit First Day Crows July 3 April 4, 2010 Unlimited (Hunting permitted on Friday, Saturday and Sunday only) Starlings and English Sparrows No closed season except during the Unlimited regular firearms deer seasons and until noon daily during the spring gobbler turkey season
FALCONRY Squirrels--(Combined species) Sept. 1 Mar. 31, 2010 6 12 Quail Sept. 1 Mar. 31, 2010 4 8 Ruffed Grouse Sept. 1 Mar. 31, 2010 2 4 Cottontail Rabbits Sept. 1 Mar. 31, 2010 4 8 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2010 1 2 Ring-necked Pheasant--Male Sept. 1 Mar. 31, 2010 2 4 and Female--(Combined) Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
WHITE-TAILED DEER
Species First Day Last Day Daily Limit Deer, Archery (Antlered and Antlerless)2 Oct. 3 Nov. 14 One antlered and an antlerless (Statewide) and deer with each required antlerless Dec. 26 Jan. 9, 2010 license. Deer, Archery (Antlerless) Sep. 19 Oct. 2 An antlerless deer with each WMUs 2B, 5C and 5D and required antlerless license. Nov. 16 Nov. 28 and Dec. 14 Dec. 23 Deer, Regular firearms
(Antlered and Antlerless)2
WMUs 1A, 1B, 2A, 2B, 2C, 2E, 2F, 3A,
3B, 3D, 4A, 4C, 4D, 4E, 5A, 5B, 5C and 5DNov. 30 Dec. 12 One antlered, and an antlerless deer with each required antlerless license. Deer, Regular firearms (Antlered only)2 and 3 Nov. 30 Dec. 4 One antlered deer. WMUs 2D, 2G, 3C and 4B Deer, Regular firearms
(Antlered and Antlerless)2 and 3
WMUs 2D, 2G, 3C and 4BDec. 5 Dec. 12 One antlered, and an antlerless deer with with each required antlerless license. Deer, Special firearms (Antlerless only)
(Statewide)
Only Junior and Senior License Holders,4
Commission 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 licenseOct. 22 Oct. 24 An antlerless deer with each required antlerless license. Deer, Muzzleloading (Antlerless only)
(Statewide)Oct. 17 Oct. 24 An antlerless deer with each required antlerless license. Deer, Flintlock (Antlered or Antlerless)2
(Statewide)Dec. 26 Jan. 9, 2010 One antlered, or one antlerless-plus an additional antlerless deer with each required antlerless license. Deer, Flintlock (Antlered or Antlerless)2
WMUs 2B, 5C and 5DDec. 26 Jan. 23, 2010 An antlerless deer with each required antlerless license. Deer, Extended Regular firearms (Antlerless)
Dec. 14 Dec. 23 An antlerless deer and with each required antlerless license. WMUs 2B, 5C and 5D Dec. 26 Jan. 23, 2010 Deer, Antlerless
(Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)Hunting is permitted on days established by the United States Department of the Army. An antlerless deer with each required antlerless license.
BLACK BEAR
Species First Day Last Day Daily Limit Season Limit Bear, any age (Archery only)5
WMUs 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B & 4DNov. 18 Nov. 19 1 1 Bear, any age (Statewide)5 Nov. 23 Nov. 25 1 1 Bear, any age5 Nov. 30 Dec. 5 1 1 Portions of WMU 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 Rd. and South of Lusk Run Rd. to Rt. 120, Rt. 120 to Veterans Street Bridge to SR 1001; East of SR 1001 to Croak Hollow Rd., South of Croak Hollow Rd. to Rt. 664 (at Swissdale), South of Rt. 664 to Little Plum Rd. (the intersection of SR 1003), South of SR 1003 to SR 1006, South of SR 1006 to Sulphur Run Rd., South of Sulphur Run Rd. 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 age5
WMUs 4C, 4D, 4E, 5B and 5CDec. 2 Dec. 5 1 1 ELK
Elk, (Antlered and Antlerless)6
With each required licenseNov. 2 Nov. 7 1 1 Elk, (Antlered and Antlerless)6
With a special conservation licenseSept. 1 Nov. 7 1 1 FURTAKING--TRAPPING
Minks and Muskrats
(Statewide)Nov. 21 Jan. 10, 2010 Unlimited
Beaver Dec. 26 Mar. 31, 2010 (Statewide) WMUs
2E, 2F and 2G (Combined) 20 20 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)10 10 Coyotes, Foxes, Opossums, Raccoons, Oct. 25 Feb. 21, 2010 Unlimited
Skunks, Weasels--(Statewide) Coyotes & Foxes--(Statewide) Jan. 1 Feb. 21, 2010 Unlimited
(Cable restraint devices may be used) Bobcat7 WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,
4A, 4D and 4EOct. 25 Feb. 21, 2010 1 1 FURTAKING--HUNTING Coyotes--(Statewide) Outside of any deer or bear season may be Unlimited taken with a hunting license or a furtaker's license and without wearing orange. 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, Weasels8 No closed season. These species may (Statewide) not be hunted prior to noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide)8 Oct. 24 Feb. 20, 2010 Unlimited Bobcat7 WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,Oct. 24 Feb. 20, 2010 1 1 4A, 4D and 4E 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 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.
4 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).
5 Only one bear may be taken during the hunting license year.
6 Only one elk may be taken during the hunting license year.
7 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.
8 May not be taken during the regular antlered and antlerless deer season.
[Pa.B. Doc. No. 09-1017. Filed for public inspection June 5, 2009, 9:00 a.m.]
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