RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Big Game
[42 Pa.B. 3591]
[Saturday, June 23, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 24, 2012, meeting amended §§ 141.43 and 141.44 (relating to deer; and bear) to delete the sunset language to effectively make permanent the authorized general use of crossbows during the archery deer and bear seasons. The Commission also amended § 141.44 to create and define the devices that will be permitted to harvest bears during the muzzleloader bear season.
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 42 Pa.B. 1232 (March 10, 2012).
1. Purpose and Authority
On January 27, 2009, the Commission adopted amendments to §§ 141.43 and 141.44 that authorized the general use of crossbows during archery deer and bear seasons. See 39 Pa.B. 1110 (February 28, 2009). The crossbow amendments are subject to a sunset provision that expires on June 30, 2012. The Commission amended §§ 141.43 and 141.44 to delete the sunset language to effectively make permanent the authorized general use of crossbows during archery deer and bear seasons. The Commission also amended § 141.44 to create and define lawful devices for the muzzleloader bear season.
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 §§ 141.43 and 141.44 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends §§ 141.43 and 141.44 by deleting the sunset language to effectively make permanent the authorized general use of crossbows during archery deer and bear seasons. The final-form rulemaking also amends § 141.44 to create and define the lawful devices for the muzzleloader bear season.
3. Persons Affected
Persons wishing to hunt deer or bear with a crossbow during archery season and hunt bear during the muzzleloader bear season within this Commonwealth will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of eight official comments regarding the final-form rulemaking. The comments were in support of the proposed rulemaking.
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 upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
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 141, are amended by amending §§ 141.43 and 141.44 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 shall become effective upon final-form publication in the Pennsylvania Bulletin.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-339 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
(a) Archery deer season.
(1) Permitted devices. It is lawful to hunt deer during the archery deer season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
* * * * * § 141.44. Bear.
(a) Archery bear season.
(1) Permitted devices. It is lawful to hunt bear during the archery bear season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length.
(2) Prohibitions. While hunting bear during the archery bear season, it is unlawful to:
(i) Use or possess a firearm or while in possession of a firearm, except as otherwise authorized by section 2525 of the act (relating to possession of firearm for protection of self or others).
(ii) Use a device not provided for in the act or in this subsection.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
(b) Muzzleloading bear season.
(1) Permitted devices. It is lawful to hunt bear during the muzzleloading bear season with a muzzleloading firearm. The firearm's ignition mechanism must consist of a percussion cap, primer or flintlock fired design. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(2) Prohibitions. While hunting bear during the muzzleloading bear season, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required under section 2322(a)(4) of the act (relating to prohibited devices and methods).
(ii) Use a device not provided for in the act or in this subsection.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
(c) Regular and extended firearms bear seasons.
(1) Permitted devices. It is lawful to hunt bear during the regular and extended firearms bear seasons with any of the following devices:
(i) A manually operated, centerfire firearm.
(ii) A bow and arrow as permitted under subsection (a)(1)(i).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(iv) A muzzleloading firearm as permitted under subsection (b)(1).
(2) Prohibitions. While hunting for bear during the regular and extended firearms bear seasons, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required under section 2322(a)(4) of the act.
(ii) Use a device not provided for in the act or in this subsection.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
[Pa.B. Doc. No. 12-1157. Filed for public inspection June 22, 2012, 9:00 a.m.]
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