PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Big Game

[48 Pa.B. 1682]
[Saturday, March 24, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 30, 2018, meeting to amend §§ 141.43, 141.44 and 141.47 (relating to deer; bear; and elk) to authorize the Statewide use of semiautomatic, centerfire shotguns to hunt for deer, bear and elk.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the January 30, 2018, meeting of the Commission. Comments can be sent until April 20, 2018, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 In an effort to expand hunting opportunities in this Commonwealth, the Commission is proposing to amend §§ 141.43, 141.44, and 141.47 to authorize the use of semiautomatic, centerfire shotguns to hunt for deer, bear and elk. The Commission has historically permitted the use of semiautomatic shotguns for deer and bear seasons within most areas defined as special regulations areas. The Commission is proposing to extend this authorization to the remainder of this Commonwealth.

 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 §§ 141.43, 141.44 and 141.47 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend §§ 141.43, 141.44 and 141.47 to authorize the Statewide use of semiautomatic, centerfire shotguns to hunt deer, bear and elk.

3. Persons Affected

 Persons wishing to use semi-automatic shotguns to hunt or take deer, bear and elk in this Commonwealth may be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-427. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.43. Deer.

*  *  *  *  *

 (d) Regular and special firearms deer seasons.

 (1) Permitted devices. It is lawful to hunt deer during the regular and special firearms deer seasons with any of the following devices:

 (i) A manually operated, centerfire rifle or handgun that propels single-projectile ammunition.

 (ii) A manually operated or semiautomatic, centerfire shotgun that propels single-projectile ammunition.

*  *  *  *  *

§ 141.44. Bear.

*  *  *  *  *

 (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 rifle or handgun that propels single-projectile ammunition.

 (ii) A manually operated or semiautomatic, centerfire shotgun that propels single-projectile ammunition.

*  *  *  *  *

§ 141.47. Elk.

 (a) Permitted devices. It is lawful to hunt elk during the elk season with any of the following devices:

 (1) A manually operated, centerfire rifle or handgun. The firearm must be a .27 caliber or larger firearm that propels single-projectile ammunition 130 grains or larger.

 (2) A manually operated or semiautomatic, centerfire shotgun. The firearm must be a 12 gauge or larger firearm that propels single-projectile ammunition.

*  *  *  *  *

[Pa.B. Doc. No. 18-443. Filed for public inspection March 23, 2018, 9:00 a.m.]

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