RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping
[40 Pa.B. 3103]
[Saturday, June 12, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended Chapter 141, Appendix G (relating to hunting hours) to update the tables of hunting hours for the 2010-2011 hunting year to reflect the annual change in days and subsequent hunting times. The Commission also amended § 141.4 (relating to hunting hours) to extend open hunting hours to 1/2 hour after sunset during the later portion of the spring gobbler season.
The final-form rulemaking will not have an 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 40 Pa.B. 1750 (April 3, 2010).
1. Purpose and Authority
Each year there is a shift in calendar days for each month. As a result of this occurrence, the tables of hunting hours in Appendix G must be amended and updated each year to reflect the current year's hunting dates and corresponding legal hunting hours. The Commission amended Appendix G to update the tables of hunting hours for the 2010-2011 hunting year to reflect the annual change in days and subsequent hunting times. The Commission also amended § 141.4 to extend open hunting hours to 1/2 hour after sunset during the later portion of the spring gobbler season.
Section 322(c)(1) of the code (relating to powers and duties of 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(a) of the code (relating to regulations) 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 Appendix G and § 141.4 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends Appendix G to update the tables of hunting hours for the 2010-2011 hunting year to reflect the annual change in days and subsequent hunting times. The final-form rulemaking also amends § 141.4 to extend open hunting hours to 1/2 hour after sunset during the later portion of the spring gobbler season.
3. Persons Affected
Persons wishing to hunt or trap within this Commonwealth during the 2010-2011 hunting year will be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final-form 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 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.
(2) The adoption of the 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 141, are amended by amending § 141.4 and Appendix G 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 48-303 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
Except as otherwise provided, wild birds and animals may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.
(1) During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals except game birds on regulated hunting grounds, migratory waterfowl, coyotes and bear. Coyotes may be hunted from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker's license, or by persons lawfully engaged in hunting deer or bear who have a valid tag.
(2) Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be hunted any hour, day or night, except during restricted periods in paragraph (1), and woodchuck, opossum, skunk and weasel may not be hunted during legal hunting hours of the spring gobbler season.
(3) Turkey may be hunted 1/2 hour before sunrise to 12 noon from the opening day of the spring gobbler season through the third Saturday and for the remainder of the season from 1/2 hour before sunrise to 1/2 hour after sunset.
(4) Mourning doves may be hunted from 12 noon to sunset from the first season opening date through the first season closing date.
(5) Migratory birds may only be hunted 1/2 hour before sunrise until sunset, except during the snow goose conservation season and the September resident goose season, when geese may be hunted 1/2 hour before sunrise until 1/2 hour after sunset.
APPENDIX G
HUNTING HOURS TABLE FOR
JUNE 27, 2010 THROUGH JULY 2, 2011
Dates Begin A.M. End P.M. June 27—July 3 5:07 9:03 July 4—10 5:11 9:01 July 11—17 5:16 8:57 July 18—24 5:22 8:52 July 25—31 5:28 8:45 Aug. 1—7 5:35 8:37 Aug. 8—14 5:42 8:29 Aug. 15—21 5:52 8:19 Aug. 21—28 5:55 8:08 Aug. 29—Sept. 4 6:01 7:57 Sept. 5—11 6:08 7:46 Sept. 12—18 6:14 7:34 Sept. 19—25 6:21 7:23 Sept. 28—Oct. 2 6:28 7:11 Oct. 3—9 6:35 7:00 Oct. 10—16 6:42 6:50 Oct. 17—23 6:50 6:40 Oct. 24—30 6:57 6:31 Oct. 31—Nov. 6 6:05 5:23 Nov. 7—13*ends 6:13 5:14 Nov. 14—20 6:21 5:09 Nov. 21—27 6:29 5:07 Nov. 28—Dec. 4 6:36 5:06 Dec. 5—11 6:42 5:06 Dec. 12—18 6:47 5:07 Dec. 19—25 6:49 5:09 Dec. 26—Jan. 1 6:52 5:12 Jan. 2—8 6:52 5:17 Jan. 9—15 6:52 5:23 Jan. 16—22 6:50 5:33 Jan. 23—29 6:46 5:39 Jan. 30—Feb. 5 6:41 5:47 Feb. 6—12 6:34 5:56 Feb. 13—19 6:26 6:04 Feb. 20—26 6:17 6:08 Feb. 27—Mar. 5 6:07 6:20 Mar. 6—12 6:58 7:28 Mar. 13—19*begins 6:46 7:35 Mar. 20—26 6:34 7:42 Mar. 27—Apr. 2 6:23 7:50 Apr. 3—9 6:12 7:57 Apr. 10—16 6:01 8:04 Apr. 17—23 5:50 8:09 Apr. 24—30 5:40 8:18 May 1—7 5:30 8:25 May 8—14 5:25 8:32 May 15—21 5:15 8:39 May 22—28 5:10 8:45 May 29—June 4 5:05 8:51 June 5—11 5:03 8:56 June 12—18 5:02 9:00 June 19—25 5:03 9:03 June 26—July 2 5:06 9:03 *Daylight Saving Time
MIGRATORY GAME BIRD HUNTING
HOURS TABLE
Dates Begin A.M. End P.M. Aug. 29—Sept. 4 6:01 7:27 Sept. 5—11 6:08 7:16 Sept. 12—18 6:14 7:04 Sept. 19—25 6:21 6:53 Sept. 26—Oct. 2 6:28 6:41 Oct. 3—9 6:35 6:30 Oct. 10—16 6:42 6:20 Oct. 17—23 6:50 6:10 Oct. 24—30 6:57 6:01 Oct. 31—Nov. 6 6:05 4:53 Nov. 7—13*ends 6:13 4:44 Nov. 14—20 6:21 4:39 Nov. 21—27 6:29 4:37 Nov. 28—Dec. 4 6:36 4:36 Dec. 5—11 6:42 4:36 Dec. 12—18 6:47 4:37 Dec. 19—25 6:49 4:39 Dec. 26—Jan. 1 6:52 4:42 Jan. 2—8 6:52 4:47 Jan. 9—15 6:52 4:53 Jan. 16—22 6:50 5:03 Jan. 23—29 6:46 5:09 Jan. 30—Feb. 5 6:41 5:17 Feb. 6—12 6:34 5:26 Feb. 13—19 6:26 5:34 Feb. 20—26 6:17 5:38 Feb. 27—Mar. 5 6:07 5:50 Mar. 6—12 6:58 6:58 Mar. 13—19*begins 6:46 7:05 Mar. 20—26 6:34 7:12 Mar. 27—Apr. 2 6:23 7:20 Apr. 3—9 6:12 7:27 Apr. 10—16 6:01 7:34 *Daylight Saving Time
[Pa.B. Doc. No. 10-1075. Filed for public inspection June 11, 2010, 9:00 a.m.]
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