PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 131 AND 141 ]
Preliminary Provisions; Hunting and Trapping
[44 Pa.B. 1440]
[Saturday, March 15, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2014, meeting to amend §§ 131.2, 141.43—141.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
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 28, 2014, meeting of the Commission. Comments can be sent until April 4, 2014, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797
1. Purpose and Authority
Current regulations prohibit a person from hunting big game using an arrow or bolt equipped with a broadhead exceeding 3 inches in length. The Commission recently received a request to lengthen the broadhead length limitation to 3.25 inches to authorize certain handmade and commercially sold products. The Commission reviewed applicable safety and wildlife management concerns and determined that this nominal expansion of authorized broadheads will not have a negative impact on the wildlife resources of this Commonwealth. The Commission is proposing to amend §§ 131.2, 141.43—141.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''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.'' The amendments to §§ 131.2, 141.43—141.45 and 141.47 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 131.2, 141.43—141.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
3. Persons Affected
Persons wishing to hunt or take game using a bow and arrow or crossbow and bolt 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-361. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Broadhead—[Shall have an outside diameter or width of at least 7/8 inch with no less than two cutting edges. Cutting edges shall be in the same plane throughout the length of the cutting surface. Broadheads may not exceed 3 inches in length measured from the tip of the broadhead to the point that fits against the arrow shaft.] A fixed or mechanical tip affixed to the fore end of an arrow or bolt having sharpened cutting edges consisting of metal or naturally occurring stone.
* * * * *
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] 3.25 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] 3.25 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] 3.25 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] 3.25 inches in length.
* * * * * § 141.45. Turkey.
(a) Fall turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices:
* * * * * (iii) 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] 3.25 inches in length.
(iv) 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] 3.25 inches in length.
* * * * * § 141.47. Elk.
(a) Permitted devices. It is lawful to hunt elk during the elk season with any of the following devices:
* * * * * (4) A bow and arrow. A bow must have a peak draw weight of at least 45 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 1 inch [with at least two cutting edges located on the same plane throughout the length of the cutting surface,] and may not exceed [3] 3.25 inches in length.
(5) 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 1 inch [with at least two cutting edges located on the same plane throughout the length of the cutting surface,] and may not exceed [3] 3.25 inches in length.
* * * * *
[Pa.B. Doc. No. 14-520. Filed for public inspection March 14, 2014, 9:00 a.m.]
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