RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping
[40 Pa.B. 1737]
[Saturday, April 3, 2010]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its January 26, 2010, meeting:
Amend § 141.22 (relating to small game) to restructure the regulatory provisions relating to small game hunting to promote consistency and clarity in the regulations and also permit the full inclusion of crossbows during the various small game seasons to expand opportunity and increase participation in small game hunting within this Commonwealth.
The final rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 39 Pa.B. 6659 (November 21, 2009).
1. Purpose and Authority
In recent years, the Commission has been moving towards a comprehensive restructuring of the regulations attending the code. The goals of this restructuring effort are primarily focused on simplifying and making the language more understandable to its users. In January 2009, the Commission completed its efforts to rewrite the regulatory structures relating to the big game seasons. The Commission intends to carry the theme in these changes to other chapters of the regulations to establish clear correlations between related seasonal information. To this end, the Commission amended § 141.22 to restructure the regulatory provisions relating to small game hunting to promote consistency and clarity in the regulations and also permit the full inclusion of crossbows during the various small game seasons to expand opportunity and increase participation in small game hunting within this Commonwealth.
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 amendment to § 141.22 was adopted under this authority.
2. Regulatory Requirements
The final rulemaking amended § 141.22 to restructure the regulatory provisions relating to small game hunting to promote consistency and clarity in the regulations and also permit the full inclusion of crossbows during the various small game seasons to expand opportunity and increase participation in small game hunting within this Commonwealth.
3. Persons Affected
Persons wishing to hunt small game within this Commonwealth may be affected by the final rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final rulemaking.
5. Cost and Paperwork Requirements
The final rulemaking should not result in any additional cost or paperwork.
6. Effective Date
The final rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final rulemaking, contact Richard R. 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 regulation 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 141, are amended by amending § 141.22 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 48-295 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.22. Small game.
(a) Permitted devices. It is lawful to hunt small game, except woodchucks with the following devices:
(1) A manually operated rifle or handgun. The firearm must be .23 caliber or less, that projects single-projectile ammunition.
(2) A manually operated or semiautomatic centerfire shotgun or muzzleloading shotgun. The firearm must be 10 gauge or less, that projects multiple-projectile shotgun ammunition not larger than #4 lead, #2 steel, or #4 of any other composition or alloy of nontoxic shot approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot).
(3) A muzzleloading rifle or handgun. The firearm must be .40 caliber or less, that projects single-projectile ammunition.
(4) A bow and arrow.
(5) A crossbow and bolt.
(6) A raptor. The raptor must be lawfully possessed under a falconry permit pursuant to section 2925 of the act (relating to falconry permits).
(b) Prohibitions. It is unlawful to:
(1) Use or possess single-projectile ammunition larger than .23 caliber or multiple-projectile shotgun ammunition larger than #4 lead, #2 steel, or #4 of any other composition or alloy of nontoxic shot approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot), except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).
(2) Possess a firearm while hunting with a raptor, except as authorized under section 2525 of the act.
(3) Discharge a firearm within 150 yards of a Commission vehicle releasing pheasants.
(4) Use or possess a device not provided for in the act or in this section.
(5) Hunt in a party of more than six persons. This does not apply to waterfowl or dove hunters when hunting from a blind or other stationary position.
(c) Woodchucks (Groundhogs).
(1) Permitted devices. It is lawful to hunt woodchucks with the following devices:
(i) A manually operated rifle or handgun.
(ii) A manually operated or semiautomatic centerfire shotgun or muzzleloading shotgun. The firearm must be 10 gauge or less that propels multiple-projectile shotgun ammunition not larger than #4 lead, #2 steel, or #4 of any other composition or alloy of nontoxic shot approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot).
(iii) A muzzleloading rifle or handgun.
(iv) A bow and arrow.
(v) A crossbow and bolt.
(vi) A raptor. The raptor must be lawfully possessed under a falconry permit pursuant to section 2925 of the act (relating to falconry permits).
(2) Prohibitions. While hunting woodchucks, it is unlawful to use or possess a device or ammunition not provided for in this section.
[Pa.B. Doc. No. 10-589. Filed for public inspection April 2, 2010, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
