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PA Bulletin, Doc. No. 11-873

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[41 Pa.B. 2688]
[Saturday, May 28, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2011-2012 hunting license year.

 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 41 Pa.B. 1634 (March 26, 2011).

1. Purpose and Authority

 The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2011-2012 seasons and daily season and possession limits are similar to those set forth in 2010-2011, the 2011-2012 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth.

 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(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' The amendments to § 139.4 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 139.4 by establishing when and where it is lawful to hunt and trap various game species and also place limits on the numbers that can be legally taken during the 2011-2012 license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife in this Commonwealth during the 2011-2012 license year may be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 159 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer seasons—Out of a total of 114 comments received concerning this subtopic, 1 requested that the late deer seasons be kept at 3 weeks, 6 supported a deer management program focused on habitat/herd health, 1 requested the closure of doe seasons in western Pennsylvania for a few years, 2 requested a reduction in doe allocations Statewide, 1 requested a reduction in doe licenses in western Pennsylvania, 1 requested a reduction in antlerless deer seasons, 1 requested that all October antlerless deer seasons be closed, 1 requested that doe seasons be closed for 2 years, 4 supported the split season format, 57 supported a 2-week concurrent season format, 2 requested that the split season format be applied Statewide, 4 requested to go back to a 2-week buck/3-day doe format, 1 requested a a split season in Willdife Management Unit (WMU) 1A, 4 requested a split season in WMU 3A, 1 requested a split season in WMU 3D, 1 requested a split season in WMU 4C, 1 supported a split season in WMU 2A, 13 opposed a split season in WMU 2A, 1 supported a split season in WMU 2C, 1 supported a split season in WMU 2D, 1 requested 2-week concurrent season in WMU 3B, 1 supported a split season in WMU 3B, 1 opposed a split season in WMU 4B, 1 opposed a split season in WMU 4D, 1 requested that crossbow hunters be restricted to buck only during early archery season, 1 requested the creation of a fall flintlock season to mirror early archery season dates, 1 supported the extra day of late flintlock muzzleloader season, 1 requested the creation of an antlered deer flintlock season for early November, 1 requested extending late flintlock season and 1 requested the elimination of the October muzzleloading season.

Bear seasons—Out of a total of seven comments received concerning this subtopic, one supported the proposed changes for the 2011-2012 bear seasons, one supported the Saturday opening day for firearms bear season, one opposed the Saturday opening day for firearms bear season, one opposed the 4-day Statewide bear season, two opposed the concurrent deer/bear seasons and one requested that bear season be extended to a full week.

Turkey seasons—Out of a total of eight comments received concerning this subtopic, one opposed closing fall turkey season during the overlap with bear season in WMU 2B, four supported the changes to fall turkey seasons for the 2011-2012 hunting license year, one requested opening the spring gobbler season earlier, one requested making the junior spring gobbler season an all day season and one requested the expansion of the daily bag limit for spring gobbler season be increased to two birds.

Small game seasons—Out of a total of 27 comments received concerning this subtopic, 1 requested the creation of a grouse only season in February, 1 requested the extension of grouse season to the end of February, 24 opposed the opening of a porcupine season and 1 requested that squirrel season be extended.

Furbearer hunting/trapping seasons—Out of a total of three comments received concerning this subtopic, one requested the creation of a trapping season for groundhogs, one requested the closure of fox season in southern WMUs on January 31st and one requested moving bobcat season to December 24—January 14 or December 10—December 31.

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 from July 1, 2011, to June 30, 2012.

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 139, are amended by amending § 139.4 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 will be effective from July 1, 2011, to June 30, 2012.

CARL G. ROE, 
Executive Director

Fiscal Note: Fiscal Note 48-321 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

§ 139.4. Seasons and bag limits for the license year.

(SEASONS AND BAG LIMITS TABLE)

2011-2012 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
First Day
Squirrels—(Combined species) Oct. 8 Oct. 14 6 12
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Squirrels—(Combined species) Oct. 15 Nov. 26 6 12
and
Dec. 12 Dec. 23
and
Dec. 26 Feb. 25, 2012
Ruffed Grouse Oct. 15 Nov. 26 2 4
and
Dec. 12 Dec. 23
and
Dec. 26 Jan. 28, 2012
Rabbits, Cottontail Oct. 8 Oct. 15 4 8
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Rabbits, Cottontail Oct. 22 Nov. 26 4 8
and
Dec. 12 Dec. 23
and
Dec. 26 Feb. 25, 2012
Ring-necked Pheasant—There is no open season for the taking of pheasants in any area designated as a wild pheasant recovery area within any wildlife management unit.
Ring-necked Pheasant—Male only in Oct. 8 Oct. 15 2 4
WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Ring-necked Pheasant—Male or female Oct. 8 Oct. 15 2 4
combined in WMUs 1A, 1B, 2D, 2E, 2F,
2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Ring-necked Pheasant—Male only Oct. 22 Nov. 26 2 4
in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B
Ring-necked Pheasant—Male or female Oct. 22 Nov. 26 2 4
combined in WMUs 1A, 1B, 2D, 2E, 2F, 2G, and
3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D Dec. 12 Dec. 23
and
Dec. 26 Feb. 4, 2012
Bobwhite Quail—The hunting Oct. 22 Nov. 26 4 8
and taking of bobwhite quail is
permitted in all WMUs except in
WMUs 4A, 4B, 5A, 5B, 5C and 5D
where the season is closed.
Hares (Snowshoe Rabbits) or Dec. 26 Dec. 31 1 2
Varying Hares
Woodchucks (Groundhog) No closed season except during the Unlimited
regular firearms deer seasons.
Porcupines Sept. 1 Mar. 31, 2012 6 12
Season closed during the overlap with
the regular firearms deer seasons.
Species First Day Last Day Daily
Limit
Season
Limit
Turkey—Male or Female 1 1
 WMUs 1A, 1B and 2A Oct. 29 Nov. 12
 (Shotgun, Bow and Arrow only) and
Nov. 24 Nov. 26
 WMU 2B Oct. 29 Nov. 18
 (Shotgun, Bow and Arrow only) and
Nov. 24 Nov. 26
 WMUs Oct. 29 Nov. 12
 2C, 2D, 2E, 4A, 4B and 4Dand
Nov. 24Nov. 26
 WMUs Oct. 29 Nov. 18
 2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E and
Nov. 24 Nov. 26
 WMUs 5A Nov. 1 Nov. 3
 WMUs 5B, 5C and 5D Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1 1 2
 Bearded Bird only Apr. 28, 2012 May 12, 2012 May be hunted 1/2 hour before
and sunrise to 12 noon
May 14, 2012 May 31, 2012 May be hunted 1/2 hour before
 sunrise to 1/2 hour after sunset
Turkey (Spring Gobbler) Statewide Youth Hunt1 April 21, 2012 April 21, 2012 1 1
Bearded Bird only
Eligible junior hunters only
with the required license and
when properly accompanied
as required by law

MIGRATORY GAME BIRDS

 Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703—711) as published in the Federal Register on or about August 27 and September 28 of each year.

Exceptions:

 (a) Hunting hours in § 141.4 (relating to hunting hours).

 (b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.

Species First Day Last Day Daily
Limit
Field
Possession
Limit After
First Day
Limit
Crows July 1 April 8, 2012 Unlimited
(Hunting permitted on Friday, Saturday and Sunday only)
Starlings and English Sparrows No closed season except during the Unlimited
regular firearms deer seasons.

FALCONRY

Species First Day Last Day Daily
Limit
Field
Possession
Limit After
First Day
Squirrels—(Combined species) Sept. 1 Mar. 31, 2012 6 12
Quail Sept. 1 Mar. 31, 2012 4 8
Ruffed Grouse Sept. 1 Mar. 31, 2012 2 4
Cottontail Rabbits Sept. 1 Mar. 31, 2012 4 8
Snowshoe or Varying Hare Sept. 1 Mar. 31, 2012 1 2
Ring-necked Pheasant—Male Sept. 1 Mar. 31, 2012 24
and Female—(Combined)
Migratory Game Birds—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species First Day Last Day Season
Limit
Deer, Archery (Antlered and Antlerless)2 Oct. 1 Nov. 12 One antlered and
(Statewide) and an antlerless deer
Dec. 26 Jan. 16, 2012 with each required antlerless license.
Deer, Archery (Antlerless only) Sep. 17 Sep. 30 An antlerless deer
WMUs 2B, 5C and 5D and with each required
Nov. 14 Nov. 26 antlerless license.
Deer, Archery (Antlered and Antlerless)2 Oct. 1 Nov. 12 One antlered and
WMUs 2B, 5C and 5D and an antlerless deer
Dec. 26 Jan. 28, 2012 with each required
antlerless license.
Deer, Regular firearms Nov. 28 Dec. 10 One antlered, and
(Antlered and Antlerless)2an antlerless deer
WMUs 1A, 1B, 2B, 3A, with each required
3D, 4A, 4C, 5A, 5B, 5C and 5D antlerless license.
Deer, Regular firearms (Antlered only)2 Nov. 28 Dec. 2 One antlered deer.
WMUs 2A, 2C, 2D, 2E,
2F, 2G, 3B, 3C, 4B, 4D and 4E
Deer, Regular firearms Dec. 3 Dec. 10 One antlered, and
(Antlered and Antlerless)2 an antlerless deer
WMUs 2A, 2C, 2D, 2E, with each required
2F, 2G, 3B, 3C, 4B, 4D and 4E antlerless license.
Deer, Special firearms (Antlerless only) Oct. 20 Oct. 22 An antlerless deer
(Statewide) with each required
Only Junior and Senior License Holders,3 antlerless license.
Commission Disabled Person Permit Holders (to use a vehicle as a blind), and Residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, with required antlerless license
Deer, Muzzleloading (Antlerless only) Oct. 15 Oct. 22 An antlerless deer
(Statewide) with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 16, 2012 One antlered, or
(Statewide) one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 28, 2012 An antlerless deer
WMUs 2B, 5C and 5D with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)
WMUs 2B, 5C and 5D
Dec. 26 Jan. 28, 2012 An antlerless deer with each required antlerless license.
Deer, Antlerless Hunting is permitted on days An antlerless deer
(Letterkenny Army Depot, Franklin established by the United States with each required
County and New Cumberland Army Department of the Army. antlerless license.
Depot, York County and Fort Detrick, Raven Rock Site, Adams County)

BLACK BEAR

Species First Day Last Day Daily
Limit
Season
Limit
Bear, Archery4Nov. 14 Nov. 18 1 1
(Statewide)
Bear, Regular firearms4Nov. 19 Nov. 23 1 1
(Statewide)
Bear, Extended firearms4Nov. 28 Dec. 3 1 1
WMUs 3A, 3C, and
Portions of WMU 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42.
Portions of WMUs 2G in Lycoming and Clinton Counties and 3B in Lycoming County that lie North of the West Branch of the Susquehanna River from the Rt. 405 Bridge, West to Rt. 15 at Williamsport, Rt. 15 to Rt. 220, and North of Rt. 220 to the Mill Hall exit, North of SR 2015 to Rt. 150; East of Rt. 150 to Lusk Run Rd. and South of Lusk Run Rd. to Rt. 120, Rt. 120 to Veterans Street Bridge to SR 1001; East of SR 1001 to Croak Hollow Rd., South of Croak Hollow Rd. to Rt. 664 (at Swissdale), South of Rt. 664 to Little Plum Rd. (the intersection of SR 1003), South of SR 1003 to SR 1006, South of SR 1006 to Sulphur Run Rd., South of Sulphur Run Rd. to Rt. 44, East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West Branch of the Susquehanna River.
Bear, Extended firearms4 Nov. 30 Dec. 3 1 1
WMUs 3D, 4C, 4D, 4E, 5B and 5C

ELK

Species First Day Last Day Daily
Limit
Season
Limit
Elk, Regular firearms5Oct. 31 Nov. 5 1 One elk with
(Antlered and Antlerless) required license
Elk, Special Conservation Sep. 1 Nov. 5 1 One elk with
(Antlered and Antlerless) required license
Elk, Extended firearms5Nov. 7 Nov. 12 1 One elk with
(Antlered and Antlerless) required license

FURTAKING—TRAPPING

Species First Day Last Day Daily
Limit
Season
Limit
Minks and Muskrats Nov. 19 Jan. 8, 2012 Unlimited
(Statewide)
Beaver Dec. 26 Mar. 31, 2012
(Statewide)
WMUs
1A, 1B, 3A and 3C (Combined) 20 40
WMUs
2A, 2B, 2D, 2E, 2F, 3B and 3D (Combined) 2020
WMUs
2C, 2G, 4A, 4B, 4C, 4D,
4E, 5A, 5B, 5C and 5D (Combined) 5 5
Coyotes, Foxes, Opossums, Raccoons, Oct. 23 Feb. 19, 2012 Unlimited
Skunks, Weasels—(Statewide)
Coyotes and Foxes—(Statewide) Dec. 26 Feb. 19, 2012 Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit) Dec. 17 Jan. 8, 2012 1 1
WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4D and 4E
Fisher (with appropriate permit) Dec. 17 Dec. 22 1 1
WMUs
2C, 2D, 2E and 2F

FURTAKING—HUNTING

Species First Day Last Day Daily
Limit
Season
Limit
Coyotes—(Statewide) Outside of any big game season may be Unlimited
taken with a hunting license or a furtaker's license and without wearing orange.
Coyotes—(During any big game season) May be taken while lawfully hunting big game or with a furtaker's license.
Opossums, Skunks, Weasels No closed season.
(Statewide)
Raccoons and Foxes—(Statewide) Oct. 22 Feb. 18, 2012 Unlimited
Bobcat (with appropriate permit)
WMUs Jan. 17, 2012 Feb. 7, 2012 1 1
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4D and 4E
No open seasons on other wild birds or wild mammals.

1 Only persons who possess a special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of two gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.

2 Only one antlered deer (buck) may be taken during the hunting license year.

3 Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

4 Only one bear may be taken during the hunting license year.

5 Only one elk may be taken during the hunting license year.

[Pa.B. Doc. No. 11-873. Filed for public inspection May 27, 2011, 9:00 a.m.]



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