PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 139 AND 141 ]
Seasons and Bag Limits and Hunting and Trapping
[39 Pa.B. 5016]
[Saturday, August 22, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its July 9, 2009, meeting:
Amend §§ 139.4, 141.43 and 141.44 (relating to seasons and bag limits for the license year; deer; and bear) to resume restrictions on crossbow usage during archery deer and archery bear seasons to only persons possessing a valid disabled persons permit, reauthorize the lawful use of crossbows during the muzzleloading deer seasons and create a 2-week crossbow deer season that is shorter but runs concurrent with the early deer archery season.
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 July 9, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 25, 2009.
1. Purpose and Authority
The use of crossbows in the archery seasons has been a difficult issue for the Commission to address. The open use of crossbows was recently included in all archery seasons for the first time on January 27, 2009. Since that time, the composition of the Commission's Board of Commissioners has changed and some Commissioners believe the vote in January does not reflect the views of the current Board. As a result, the Commission is proposing to amend §§ 139.4, 141.43 and 141.44 to resume restrictions on crossbow usage during archery deer and archery bear seasons to only persons possessing a valid disabled persons permit, reauthorize the lawful use of crossbows during the muzzleloading deer seasons and create a 2-week crossbow deer season that is shorter but runs concurrent with the early deer archery season.
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 §§ 139.4, 141.43 and 141.44 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 139.4, 141.43 and 141.44 to resume restrictions on crossbow usage during archery deer and archery bear seasons to only persons possessing a valid disabled persons permit, reauthorize the lawful use of crossbows during the muzzleloading deer seasons and create a 2-week crossbow deer season that is shorter but runs concurrent with the early deer archery season.
3. Persons Affected
Persons wishing to utilize a crossbow while hunting deer during the 2009-2010 hunting license year will 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-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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-290. No fiscal impact; (8) recommends adoption.
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 LIIMITS TABLE)
2009-2010 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED* * * * *
WHITE-TAILED DEER
Species First Day Last Day Season Limit Deer, Crossbow (Antlered and Antlerless)2 (Statewide) Oct. 3 Oct. 16 One antlered and an antlerless deer with each required antlerless license. * * * * *
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
(a) Archery deer season.
(1) Permitted devices. [It] Except as otherwise provided in paragraph (2), it is lawful to hunt deer during the archery deer season with any of the following devices:
* * * * * (2) Prohibitions. While hunting deer during the archery deer season, it is unlawful to:
* * * * * (iii) Except in Wildlife Management Units 2B, 5C and 5D, hunt or take deer with a crossbow without a valid disabled persons permit.
(b) Crossbow deer season.
(1) Permitted devices. It is lawful to hunt deer during the crossbow deer season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
(2) Prohibitions. While hunting deer during the crossbow deer season, it is unlawful to:
(i) Use or possess a firearm, except a person may possess certain firearms during the crossbow deer season under the authorizations of section 2525 of the act (relating to possession of firearm for protection of self or others).
(ii) Use a device not provided for in the act or in this subsection.
(c) Flintlock muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the flintlock muzzleloading deer season with [a flintlock muzzleloading firearm. The firearm must be an original or similar reproduction of muzzleloading firearm manufactured prior to 1800. The firearm's ignition mechanism must consist of a hammer containing a naturally occurring stone that is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder. The firearm must have open sights and be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single projectile ammunition.] any of the following devices:
(i) A muzzleloading firearm. The firearm must be an original or similar reproduction of muzzleloading firearm manufactured prior to 1800. The firearm's ignition mechanism must consist of a hammer containing a naturally occurring stone that is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder. The firearm must have open sights and be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single projectile ammunition.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
* * * * * [(c)] (d) Muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the muzzleloading deer seasons with [a muzzleloading firearm. The firearm's ignition mechanism must consist of a percussion cap, primer or flintlock fired design. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single projectile ammunition.] any of the following devices:
(i) A muzzleloading firearm. The firearm's ignition mechanism must consist of a percussion cap, primer or flintlock fired design. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single projectile ammunition.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
* * * * * [(d)] (e) Regular and special firearms deer seasons.
(1) Permitted devices. It is lawful to hunt deer during the regular and special firearms deer seasons with any of the following devices:
* * * * * (iv) A muzzleloading firearm as permitted under subsection [(b)(1)] (c)(1) or [(c)(1)] (d)(1).
* * * * * [(e)] (f) Cooperating while hunting during any deer season. Holders of any of the appropriate licenses or stamps may cooperate while hunting antlered or antlerless deer if pertinent provisions of the act and this section are met.
[(f)] (g) .22 caliber or less rimfire required for furbearers. When using a firearm only a rimfire rifle or handgun .22 caliber or less may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.
§ 141.44. Bear.
(a) Archery bear season.
(1) Permitted devices. [It] Except as otherwise provided in paragraph (2), it is lawful to hunt bear during the archery bear season with any of the following devices:
* * * * * (2) Prohibitions. While hunting bear during the archery bear season, it is unlawful to:
* * * * * (v) Except in Wildlife Management Units 2B, 5C and 5D, hunt or take bear with a crossbow without a valid disabled persons permit.
* * * * *
[Pa.B. Doc. No. 09-1558. Filed for public inspection August 21, 2009, 9:00 a.m.]
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