PROPOSED RULEMAKING

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Protective Material Required

[42 Pa.B. 3268]
[Saturday, June 9, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 24, 2012, meeting to amend § 141.20 (relating to protective material required) to apply the more restrictive fluorescent orange requirements to wildlife management units (WMU) 1A, 1B and 2A that apply to other WMUs where use of rifles to hunt turkey is authorized.

 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 April 24, 2012, meeting of the Commission. Comments can be sent, until June 22, 2012, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 On April 24, 2012, the Commission adopted amendments to § 139.4 (relating to seasons and bag limits for the license year) to expand fall turkey hunting opportunities in WMUs 1A, 1B and 2A by removing the ''shotgun, bow and arrow only'' limitation. This amendment will effectively allow hunters within WMUs 1A, 1B and 2A to hunt fall turkey with rifles. As a result of this change, the Commission is proposing to amend § 141.20 to apply the more restrictive fluorescent orange requirements to WMUs 1A, 1B and 2A that apply to other WMUs where use of rifles to hunt turkey is authorized.

 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 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.20 by applying the more restrictive fluorescent orange requirements to WMUs 1A, 1B and 2A that apply to other WMUs where use of rifles to hunt turkey is authorized.

3. Persons Affected

 Persons wishing to hunt wild turkey during the fall turkey seasons in WMUs 1A, 1B and 2A 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 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: 48-341. 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.

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 (b) Permitted acts. It is lawful to:

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 (3) Move about or relocate while wearing a hat containing a minimum of 100 square inches of solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orange-colored material when hunting for applicable game or wildlife during the following seasons:

 (i) All fall turkey seasons in wildlife management units [1A, 1B, 2A,] 2B, 5B, 5C and 5D.

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 (4) Move about or relocate while in compliance with subsection (a) and while stationary place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter's location so it is visible in a 360° arc when hunting for applicable game or wildlife during the following seasons:

 (i) All fall turkey seasons in wildlife management units 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A.

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[Pa.B. Doc. No. 12-1046. Filed for public inspection June 8, 2012, 9:00 a.m.]

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