PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[42 Pa.B. 1238]
[Saturday, March 10, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 24, 2012, meeting to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2012-2013 hunting license year.

 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 January 24, 2012, meeting of the Commission. Comments can be sent until April 20, 2012, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2012-2013 seasons and daily season and possession limits are similar to those set in 2011-2012, the 2012-2013 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.

 Two changes are proposed for small game seasons. First, it is proposed to open wildlife management unit (WMU) 2B to the hunting of pheasant cocks and hens. The Pike Run Wild Pheasant Recovery Area study in southwestern Pennsylvania has concluded. Habitat patch analysis shows that Pike Run meets only one of five targets in the pheasant habitat model. Pheasant densities are at one hen per square mile, far short of the ten hens per square mile objective. In light of the area's habitat characteristics and low pheasant densities, and in keeping with the pheasant management plan, this area of this Commonwealth is to be opened to either sex pheasant hunting and stocking of game farm pheasants is to be reinstated beginning with the 2012-13 season. The second proposed change concerns reducing the porcupine daily bag to three and establishing a season limit of ten per hunter. This proposal is based on a growing concern for commercial exploitation of this species.

 In WMUs 1A, 1B and 2A, the Commission proposed to remove the sporting arm limitations for the fall turkey season, which presently requires the use of shotguns, bows and arrows only.

 An expansion of bear harvest opportunity is also proposed. The taking of black bear by properly licensed hunters during all deer seasons from September through mid-December in WMUs 1A, 2B, 5B, 5C and 5D will be allowed. The black bear population in this Commonwealth is larger and more widely distributed than ever and bear-human incidents are becoming commonplace, especially in more developed areas. Continued expansion of residential development into areas occupied by black bears has resulted in more frequent sightings and encounters between people and bears. In these five WMUs with relatively high human population densities there currently are low bear densities, the Commission wants to continue to have a minimum number of bears and the Commission wants hunters to have an opportunity to play an important role in bear population management in these areas.

 Changes to beaver trapping regulations follow the recently implemented beaver management plan. Changes are proposed for WMUs 3A, 3D and 5D. Based on annual beaver harvest and nuisance complaint densities, WMUs fall into three categories of harvest and damage frequency characteristics. WMUs with high harvest rates (less than 50 beavers per 100 square miles) and high nuisance complaint rates (less than 1.5 complaints per 100 square miles) should have a combined bag limit of 40 beavers per season. WMUs with low harvest rates (less than ten beavers per 100 square miles) and low nuisance complaint rates (less than 0.60 complaint per 100 square miles) should have a combined bag limit of five beavers per season. WMUs that fall between the low and high harvest/complaint categories should have a combined bag limit of 20 beavers per season. WMUs 3A and 3D fall between the low and high harvest/complaint categories therefore it is proposed to reduce the season bag limit to 20 beavers in these WMUs. However, the nuisance complaint density in WMU 5D is currently the fourth highest in this Commonwealth. To help alleviate beaver damage complaints in WMU 5D, it is proposed to increase the beaver bag limit to 20. These bag limit changes will be monitored as to how they influence population numbers and nuisance complaint levels.

 The addition of WMU 4C in the 2012-2013 bobcat hunting and trapping seasons has been proposed. This proposal is based on expanding population numbers and a trend of increased incidental captures of bobcats in WMU 4C. The addition of two WMUs, 2G and 4D, for fisher harvesting has been proposed. This is based on expanding fisher populations and increased numbers of incidental captures in these WMUs. As the next license year is fast approaching, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2012-2013 license year.

 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 amendments to § 139.4 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 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 2012-2013 license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife in this Commonwealth during the 2012-2013 license year 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 effective dates of the proposed rulemaking are July 1, 2012, to June 30, 2013.

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: 48-332. No fiscal impact; (8) recommends adoption.

 (Editor's Note: As part of this proposed rulemaking, the Commission is replacing the table which appears in 58 Pa. Code pages 139-3—139-14.1, serial pages (356985)—(356997) with the following table.)

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)
2012-2013 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrel—(Combined species)	Oct. 6		Oct. 12	6	12
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Squirrel—(Combined species)	Oct. 13		Nov. 24	6	12
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Feb. 23, 2013
Ruffed Grouse	Oct. 13		Nov. 24	2	4
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Jan. 26, 2013
Rabbit, Cottontail—	Oct. 6		Oct. 13	4	8
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Rabbit, Cottontail	Oct. 20		Nov. 24	4	8
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Feb. 23, 2013
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. 6		Oct. 13	2	4
WMUs 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. 6		Oct. 13	2	4
combined in WMUs 1A, 1B, 2B, 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. 20		Nov. 24	2	4
in WMUs 2A, 2C, 4C, 4E, 5A and 5B
Ring-necked Pheasant—Male or female	Oct. 20		Nov. 24	2	4
combined in WMUs 1A, 1B, 2B, 2D,		and
2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D,	Dec. 10		Dec. 24
5C and 5D		and
	Dec. 26		Feb. 2, 2013
Bobwhite Quail—The hunting and taking	Oct. 20		Nov. 24	4	8
of bobwhite quail is permitted in all WMUs except in WMUs 4A, 4B, 5A, 5B, 5C and 5D where the season is closed.
Hare (Snowshoe Rabbit) or	Dec. 26		Jan. 1, 2013	1	2
Varying Hare
Woodchuck (Groundhog)	No closed season except during the			Unlimited
	regular firearms deer seasons.

Species	First Day		Last Day	Daily Limit	Season Limit
Porcupine	Sep. 1		Mar. 31, 2013	3	10
	Season closed during the overlap with the regular firearms deer seasons.
WILD TURKEY
Turkey—Male or Female				1	1
WMU 2B	Oct. 27		Nov. 16
(Shotgun, Bow and Arrow only)		and
	Nov. 22		Nov. 24
WMUs	Oct. 27		Nov. 10
1A, 1B, 2A, 2C, 2D, 2E, 4A,		and
4B and 4D	Nov. 22		Nov. 24
WMUs	Oct. 27		Nov. 16
2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E		and
	Nov. 22		Nov. 24
WMU 5A	Oct. 30		Nov. 1
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1				1	2
Bearded Bird only
	Apr. 27, 2013		May 11, 2013	May be hunted 1/2 hour before  sunrise to 12 noon
		and
	May 13, 2013		May 31, 2013	May be hunted 1/2 hour before  sunrise to 1/2 hour after sunset
Turkey (Spring Gobbler)	April 20, 2013		April 20, 2013	1	1
Statewide Youth Hunt1 Bearded Bird only Eligible junior hunters only with the required license and when properly accompanied

MIGRATORY GAME BIRD

 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
Crow	July 1		April 7, 2013	Unlimited
(Hunting permitted on Friday, Saturday  and Sunday only)
Starling and English Sparrow	No closed season except during the			Unlimited
	regular firearms deer season.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrel—(Combined species)	Sept. 1		Mar. 31, 2013	6	12
Quail	Sept. 1		Mar. 31, 2013	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2013	2	4
Cottontail Rabbit	Sept. 1		Mar. 31, 2013	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2013	1	2
Ring-necked Pheasant—Male	Sept. 1		Mar. 31, 2013	2	4
and Female—(Combined)
Migratory Game Bird—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	Sep. 29		Nov. 10	One antlered and
(Statewide)		and		an antlerless deer
	Dec. 26		Jan. 12, 2013	with each required antlerless license.
Deer, Archery (Antlerless only)	Sep. 15		Sep. 28	An antlerless deer
WMUs 2B, 5C and 5D		and		with each required
	Nov. 12		Nov. 24	antlerless license.
Deer, Archery (Antlered and Antlerless)2	Jan. 14, 2013		Jan. 26, 2013	One antlered, and
WMUs 2B, 5C and 5D				an antlerless deer with each required antlerless license.
Deer, Regular firearms	Nov. 26		Dec. 8	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 1A, 1B, 2B, 3A, 3D, 4A, 4C, 5A, 5B, 5C				with each required
and 5D				antlerless license.
Deer, Regular firearms (Antlered only)2	Nov. 26		Nov. 30	One antlered deer.
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 3B, 3C, 4B, 4D and 4E
Deer, Regular firearms	Dec. 1		Dec. 8	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 3B, 3C, 4B, 4D				with each required
and 4E				antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 18		Oct. 20	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. 13		Oct. 20	An antlerless deer
(Statewide)				with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 12, 2013	One antlered, or
(Statewide)				one antlerless—plus an additional antler- less deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 26, 2013	An antlerless deer
WMUs 2B, 5C and 5D				with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)	Dec. 26		Jan. 26, 2013	An antlerless deer
WMUs 2B, 5C and 5D				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, Archery4	Sep. 15		Sep. 28	1	1
WMUs 2B, 5C and 5D
Bear, Archery4	Sep. 29		Nov. 10	1	1
WMUs 1A, 2B, 5B, 5C and 5D
Bear, Archery4	Nov. 12		Nov. 16	1	1
Statewide
Bear, Muzzleloading4	Oct. 13		Oct. 20	1	1
WMUs 1A, 2B, 5B, 5C and 5D
Bear, Regular firearms4	Nov. 17		Nov. 21	1	1
Statewide
Bear, Extended firearms4	Nov. 26		Dec. 1	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. 26		Dec. 8	1	1
WMUs 1A, 2B, 5B, 5C and 5D
Bear, Extended firearms4	Nov. 28		Dec. 1	1	1
WMUs 3D, 4C, 4D and 4E

ELK

Species	First Day		Last Day	Daily Limit	Season Limit
Elk, Regular firearms5	Nov. 5		Nov. 10	1	One elk with
(Antlered and Antlerless)					required license
Elk, Special Conservation5	Sep. 1		Nov. 10	1	One elk with
(Antlered and Antlerless)					required license
Elk, Extended firearms5	Nov. 12		Nov. 17	1	One elk with
(Antlered and Antlerless)					required license

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 17		Jan. 6, 2013	Unlimited
(Statewide)
Beaver	Dec. 26		Mar. 31, 2013
(Statewide)
WMUs  1A, 1B and 3C (Combined)				20	40
WMUs  2A, 2B, 2D, 2E, 2F, 3A, 3B, 3D and 5D  (Combined)				20	20
WMUs  2C, 2G, 4A, 4B, 4C, 4D, 4E, 5A, 5B and  5C (Combined)				5	5
Coyote, Fox, Opossum, Raccoon,	Oct. 21		Feb. 17, 2013	Unlimited
Skunk, Weasel—(Statewide)
Coyote and Fox—(Statewide)	Dec. 26		Feb. 17, 2013	Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit)  WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B,	Dec. 15		Jan. 6, 2013	1	1
3C, 3D, 4A, 4C, 4D and 4E
Fisher (with appropriate permit)	Dec. 15		Dec. 20	1	1
WMUs 2C, 2D, 2E, 2F, 2G and 4D

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(Statewide)	Outside of any big game season may be			Unlimited
	taken with a hunting license or a furtaker's license and without wearing orange.
Coyote—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.
Opossum, Skunk, Weasel	No closed season.
(Statewide)
Raccoon and Fox—(Statewide)	Oct. 20		Feb. 16, 2013	Unlimited
Bobcat (with appropriate permit)  WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C,	Jan. 15, 2013		Feb. 5, 2013	1	1
3D, 4A, 4C, 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 2 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. 12-401. Filed for public inspection March 9, 2012, 9:00 a.m.]

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