PROPOSED RULEMAKINGS
[58 PA. CODE CH. 141]
Hunting and Trapping; Special Regulations Areas
[41 Pa.B. 1631]
[Saturday, March 26, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 1, 2011, meeting, to amend § 141.1 (relating to special regulations areas) to expand the shotgun/muzzleloader single projectile exception to bear hunters and also to delete the defunct baiting provisions.
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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Current regulations generally prohibit the use of single projectile ammunition for big game hunting in special regulations areas. One prominent exception to this rule allows the use of muzzleloading long guns or shotguns that fire single projectiles in majority of special regulations areas. However, this exception is currently only extended to deer hunters. The Commission is proposing to amend § 141.1 to expand this exception to also extend to bear hunters. The Commission has determined that this expansion will increase hunting opportunity and success for many bear hunters in these areas without sacrificing safety. The Commission is also proposing to amend § 141.1 to delete the defunct baiting provisions that expired on March 31, 2010.
Section 2102(d) of the code (relating to regulations) provides ''The commission shall 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 § 141.1 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.1 by expanding the shotgun/muzzleloader single projectile exception to bear hunters and also deleting the defunct baiting provisions.
3. Persons Affected
Persons wishing to hunt bear through the use of a shotgun or muzzleloader firing a single projectile in the special regulations areas may 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: 48-323. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
(1) Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer and bear through the use of a muzzleloading long gun or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.
* * * * * (5) [Hunt or take deer on private lands only in the southeast area through the use of or by taking advantage of bait.
(i) Bait may be placed or distributed 2 weeks prior to the opening of the first deer season through the close of the last deer season in each wildlife management unit. Bait accumulation in any one location may not exceed 5 gallons total volume at a given time.
(ii) This paragraph became effective December 26, 2006, and expires March 31, 2010, unless the Commission authorizes its continued legal effectiveness prior to March 31, 2010.
(6)] Harvest more than one deer at a time when multiple harvests of deer per day are authorized without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter.
[Pa.B. Doc. No. 11-516. Filed for public inspection March 25, 2011, 9:00 a.m.]
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