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PA Bulletin, Doc. No. 10-2142

PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Turkey

[40 Pa.B. 6532]
[Saturday, November 13, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its October 5, 2010, meeting, to amend § 141.45 (relating to turkey) to expand the nontoxic shot authorization to both fall and spring turkey seasons as well.

 The proposed rulemaking will not have an 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 October 5, 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 January 21, 2011.

1. Purpose and Authority

 On January 26, 2010, the Commission adopted amendments to § 141.22 (relating to small game) that, inter alia, expanded the types of nontoxic shot that could be used to hunt small game to include a wide variety of commercially available nontoxic shot in addition to steel and Bismuth/tin shot ammunition. The Commission is proposing to amend § 141.45 to expand the nontoxic shot authorization to both fall and spring turkey seasons as well.

 Section 2102(d) of the code (relating to regulations) provides ''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.'' The amendments to § 141.45 were proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.45 by replacing language to expand the nontoxic shot authorization to both fall and spring turkey seasons.

3. Persons Affected

 Persons wishing to use nontoxic shot ammunition to hunt wild turkey within this Commonwealth may 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 Director

 Fiscal Note: 48-314. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.45. Turkey.

 (a) Fall turkey season.

 (1) Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices:

*  *  *  *  *

 (ii) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than #4 lead, [#4 Bismuth/tin or] #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).

*  *  *  *  *

 (b) Spring turkey season.

 (1) Permitted devices. It is lawful to hunt turkey during the spring turkey season with any of the following devices:

 (i) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than #4 lead, [#4 Bismuth/tin or] #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).

*  *  *  *  *

[Pa.B. Doc. No. 10-2142. Filed for public inspection November 12, 2010, 9:00 a.m.]


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