PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Protective Material Required
[40 Pa.B. 3123]
[Saturday, June 12, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, proposed to amend § 141.20 (relating to protective material required). This proposed rulemaking eliminates the voluntary posting of protective material outside of manufactured blinds allowance. In the alternative, the proposed rulemaking requires that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(b)(3) of the code (relating to unlawful devices and methods) in a manner that is visible within a 360° arc in addition to requirement of the wearing of protective material on their persons.
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 April 20, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until June 23, 2010.
1. Purpose and Authority
At its April 18, 2007, Commission meeting, the Commission adopted amendments to § 141.20 that permitted the posting of protective material within 15 feet of a blind meeting the requirements in section 2308(b)(3) of the code instead of wearing the required protective material on their person while hunting during any firearms season for deer, elk or bear. These amendments were made in response to concerns raised by hunters regarding the then current requirement that protective material be worn only on their person inside a manufactured blind where its visual effectiveness is severely diminished. This requirement did not afford adequate safety for hunters. Upon further reflection of this issue, the Commission determined that a mandatory posting of protective material outside a manufactured blind for hunters who choose to utilize them while hunting during any firearms season for deer, elk or bear will better protect their safety rather than the current voluntary alternative. To this end, the Commission is proposing to amend § 141.20 to eliminate the voluntary posting of protective material outside of manufactured blinds allowance and in the alternative require that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements of section 2308(b)(3) of the code in a manner that is visible within a 360° arc in addition to requirement of the wearing of protective material on their persons.
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 § 141.20 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking amends § 141.20 to eliminate the voluntary posting of protective material outside of manufactured blinds allowance and in the alternative require that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(b)(3) of the code in a manner that is visible within a 360° arc in addition to requirement of the wearing of protective material on their persons.
3. Persons Affected
Persons wishing to hunt during any firearms season for deer, elk or bear from a blind meeting the requirements in section 2308(b)(3) of the code will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in 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: 48-308. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.20. Protective material required.
(a) The following requirements apply:
(1) General. Except as otherwise provided in subsection (b), it is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.
(2) Additional requirements. It is unlawful to hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act (relating to unlawful devices and methods) without placing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind so it is visible in a 360° arc.
(b) Permitted acts. It is lawful to:
* * * * * [(5) Hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act and, in lieu of wearing the required 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined, place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind in a manner that it is visible in a 360° arc.]
* * * * *
[Pa.B. Doc. No. 10-1084. Filed for public inspection June 11, 2010, 9:00 a.m.]
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