RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[46 Pa.B. 2665]
[Saturday, May 28, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 5, 2016, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2016-2017 hunting/trapping 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 46 Pa.B. 1427 (March 19, 2016).

1. Purpose and Authority

 To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission amended § 139.4 to provide updated seasons and bag limits for the 2016-2017 hunting/trapping license year. The 2016-2017 seasons and bag limits have been amended to reflect currently 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 management of the wildlife resources of this Commonwealth.

 Changes to small game seasons include making youth and regular seasons for squirrels and rabbits concurrent in an effort to simplify regulations and expand rabbit hunting opportunities. The changes also make snowshoe hare season dates consistent Statewide to simplify regulations, facilitate species monitoring programs and reflect the fact that harvest mortality is not a major driver of population trends for this species.

 Changes to wild turkey seasons include a reduction in the length of the fall season in four wildlife management units (WMU) that have exhibited declining trends in turkey population indices. Specifically, seasons decrease from 2 weeks + 3 days to 1 week + 3 days in WMUs 1A and 2A, from 1 week + 3 days to 1 week in WMU 1B and from 3 weeks + 3 days to 2 weeks + 3 days in WMU 4C.

 Changes to black bear seasons include the addition of a 4-day extended firearms season (concurrent with the Wednesday-Saturday of the first week of firearms deer season) in WMU 1B. This season is intended to prevent further expansion of bears into the western portion of this WMU where potential for bear-human conflicts is high.

 Changes to furbearer seasons include an increase in the length of the fisher trapping season from the current 6 days to 12 days in the 13 WMUs with open fisher seasons and the establishment of a firm, designated 8-day otter season, rather than a shorter, extendable season.

 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 adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amended § 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 2016-2017 hunting/trapping license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2016-2017 hunting/trapping license year will be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received 30 official comments concerning the final-form rulemaking. The comments received concerned the following subtopics:

 Deer seasons. Seven comments were received concerning this subtopic: one opposed the long length of the deer seasons; one supported and two opposed the concurrent firearms deer season; one supported switching the rifle and flintlock season dates to accommodate youth on winter break; one opposed any antlerless deer hunting in WMU 3B; and one supported a buck-in-velvet only early September 4-up archery hunt.

 Bear seasons. Nineteen comments were received concerning this subtopic: 3 supported and 10 opposed the closure of the extended bear season in WMU 3A; 1 supported having bear seasons every other year; 1 supported an extended bear season in WMU 2G; 1 supported a spring baited bear season; and 3 supported an overlap between archery bear season and archery deer season.

 Small game seasons. Two comments were received concerning this subtopic: one supported closing ruffed grouse season temporarily; and one supported closing rabbit season 1 week earlier should it open 1 week earlier.

 Turkey seasons. One comment was received concerning this subtopic and it opposed a fall wild turkey season reduction in WMU 1B.

 Furbearer hunting/trapping seasons. One comment was received concerning this subtopic and it supported a fisher season.

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 The effective dates of the final-form rulemaking are July 1, 2016, to June 30, 2017.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Thomas P. Grohol, 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 statutes.

Order

 The Commission, acting under the authorizing statutes, 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 is effective from July 1, 2016, to June 30, 2017.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: Fiscal Note 48-388 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.

2016-2017 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
Squirrels—(Combined species)	Oct. 1		Oct. 15	6	18
Eligible Junior Hunters only, with or without the required junior license
Squirrels—(Combined species)	Oct. 15		Nov. 26	6	18
		and
	Dec. 12		Dec. 24
		and
	Dec. 26		Feb. 28, 2017
Ruffed Grouse	Oct. 15		Nov. 26	2	6
		and
	Dec. 12		Dec. 24
		and
	Dec. 26		Jan. 21, 2017
Rabbits, Cottontail—	Oct. 1		Oct. 15	4	12
Eligible Junior Hunters only, with or without the required junior license
Rabbits, Cottontail	Oct. 15		Nov. 26	4	12
		and
	Dec. 12		Dec. 24
		and
	Dec. 26		Feb. 28, 2017
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	Oct. 8		Oct. 15	2	6
Eligible Junior Hunters only, with or without the required junior license
WMUs 2A, 2C, 4C, 4E, 5A and 5B—Male only
WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—Male or female
Ring-necked Pheasant	Oct. 22		Nov. 26	2	6
		and
WMUs 2A, 2C, 4C, 4E, 5A and 5B—Male	Dec. 12		Dec. 24
only		and
WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—Male or female	Dec. 26		Feb. 28, 2017
Bobwhite Quail—The hunting and taking	Oct. 22		Nov. 26	4	12
of bobwhite quail is permitted in all WMUs except in WMU 5A where the season is closed.
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Dec. 31	1	3
Woodchucks (Groundhog)	No closed season except during the			Unlimited
	regular firearms deer seasons. Hunting
	on Sundays is prohibited.
Porcupines	Sept. 1		Mar. 31, 2017	3	Season limit 10

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey, Fall—Male or Female				1	1
WMU 2B	Oct. 29		Nov. 18
(Shotgun, Bow and Arrow only)		and
	Nov. 24		Nov. 26
WMU 1B	Oct. 29		Nov. 5
WMUs 1A and 2A	Oct. 29		Nov. 5
		and
	Nov. 24		Nov. 26
WMUs 2D, 2E, 2F, 2G, 2H	Oct. 29		Nov. 12
3A, 3B, 3C, 3D, 4A, 4B, 4C		and
and 4D	Nov. 24		Nov. 26
WMUs 2C and 4E	Oct. 29		Nov. 18
		and
	Nov. 24		Nov. 26
WMU 5A	Nov. 3		Nov. 5
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Turkey, Spring1	Apr. 22, 2017		Apr. 22, 2017	1	1
Bearded Bird only,  Eligible Junior Hunters only, with the  required junior license
Turkey, Spring1				1	2
Bearded Bird only	Apr. 29, 2017		May 13, 2017	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 15, 2017		May 31, 2017	May be hunted 1/2 hour before sunrise to 1/2 hour after sunset

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—712) as published in the Federal Register on or about February 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		Apr. 9, 2017	Unlimited
(Hunting permitted on Friday, Saturday  and Sunday only)
Starling and English Sparrow	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, 2017	6	18
Quail	Sept. 1		Mar. 31, 2017	4	12
Ruffed Grouse	Sept. 1		Mar. 31, 2017	2	6
Cottontail Rabbits	Sept. 1		Mar. 31, 2017	4	12
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2017	1	3
Ring-necked Pheasant—Male	Sept. 1		Mar. 31, 2017	2	6
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	Sept. 17		Nov. 26	One antlered deer, and
With the required archery license		and		an antlerless deer
WMUs 2B, 5C and 5D	Dec. 26		Jan. 28, 2017	with each required
				anterless license.
Deer, Archery (Antlered and Antlerless)2	Oct. 1		Nov. 12	One antlered deer, and
With the required archery license		and		an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,	Dec. 26		Jan. 14, 2017	with each required
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				antlerless license.
5A and 5B
Deer, Muzzleloading (Antlerless only)	Oct. 15		Oct. 22	An antlerless deer
With the required muzzleloading license				with each required antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 20		Oct. 22	An antlerless deer
Only Junior and Senior License Holders,3				with each required
Commission Disabled Person Permit Holders				antlerless license.
(to use a vehicle as a blind), and Residents serving on active duty in the United States Armed Forces or United States Coast Guard
Deer, Regular firearms	Nov. 28		Dec. 10	One antlered deer,
(Antlered and Antlerless)2				and an antlerless deer
WMUs 2B, 5A, 5B, 5C and 5D				with each required antlerless license.
Deer, Regular firearms	Nov. 28		Dec. 2	One antlered deer.
(Antlered only)2
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H,
3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Deer, Regular firearms	Dec. 3		Dec. 10	One antlered deer,
(Antlered and Antlerless)2				and an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H,				with each required
3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 14, 2017	One antlered or one
With the required muzzleloading license				antlerless deer, plus
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,				an additional
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				antlerless deer
5A and 5B				with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 28, 2017	One antlered or one
With the required muzzleloading license				anterless deer, plus
WMUs 2B, 5C and 5D				an additional anterless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)	Dec. 26		Jan. 28, 2017	An antlerless deer
Allegheny, Bucks, Chester, Delaware,				with each required
Montgomery and Philadelphia Counties				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		Season Limit
Bear, Archery4	Sept. 17		Nov. 18		1
WMUs 2B, 5C and 5D
Bear, Archery4	Oct. 1		Nov. 18		1
WMU 5B
Bear, Archery4	Nov. 14		Nov. 18		1
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,  2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E  and 5A
Bear, Muzzleloader4	Oct. 15		Oct. 22		1
WMUs 2B, 5B, 5C and 5D
Bear, Special Firearms4	Oct. 20		Oct. 22		1
Only Junior and Senior License Holders,3  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  anterless license
WMUs 2B, 5B, 5C and 5D
Bear, Regular Firearms4	Nov. 19		Nov. 23		1
(Statewide)
Bear, Extended Firearms4	Nov. 28		Dec. 3		1
WMUs 3B, 3C and 3D
Bear, Extended Firearms4	Nov. 28		Dec. 10		1
WMUs 2B, 5B, 5C and 5D
Bear, Extended Firearms4	Nov. 30		Dec. 3		1
WMUs 1B, 2C, 4B, 4C, 4D and 4E

ELK

Species	First Day		Last Day		Season Limit
Elk, Special Conservation Tag5  (Antlered and Anterless)	Sept. 1		Nov. 5		1
Elk, Regular firearms5	Oct. 31		Nov. 5		1
(Antlered and Antlerless)
Elk, Extended firearms5	Nov. 7		Nov. 12		1
(Antlered and Antlerless)

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Minks and Muskrats	Nov. 19		Jan. 8, 2017	Unlimited
Beaver	Dec. 26		Mar. 31, 2017
WMUs 1A, 1B and 3C (Combined)				20	40
WMUs 2A, 2B, 2C, 2D, 2E, 2F, 3A, 3B, 3D,  5C and 5D (Combined)				20	20
WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and  5B (Combined)				5	5
Coyotes, Foxes, Opossums, Raccoons,	Oct. 23		Feb. 19, 2017	Unlimited
Skunks and Weasels
Coyotes and Foxes	Dec. 26		Feb. 19, 2017	Unlimited
Use of cable restraint devices authorized  with required certification
Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Dec. 17		Jan. 8, 2017	1	1
3C, 3D, 4A, 4C, 4D and 4E
Fisher, with required fisher permit	Dec. 17		Dec. 28	1	1
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A,  3B, 3C, 3D, 4D and 4E
River Otter, with required otter permit	Feb. 18, 2017		Feb. 25, 2017	1	1
WMUs 3C and 3D

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyotes—(Outside of any big game season)	May be taken with a hunting license or a furtaker's license.			Unlimited
Coyotes—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.			Unlimited
Opossums, Striped Skunks, Weasels	No closed season.
Raccoons and Foxes	Oct. 22		Feb. 18, 2017	Unlimited
Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Jan. 14		Feb. 8, 2017	1	1
3C, 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 two spring 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 residents and nonresident license holders 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 with the required bear license.

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

[Pa.B. Doc. No. 16-900. Filed for public inspection May 27, 2016, 9:00 a.m.]

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