PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits
[48 Pa.B. 1689]
[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 § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2018-2019 hunting/trapping license year.
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
To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2018-2019 license year. The 2018-2019 seasons and bag limits are proposed to be amended to reflect current 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.
In regard to small game seasons, the Commission proposes to eliminate the hen pheasant restriction in wildlife management units (WMU) 2A, 2C, 4C and 5B. Commission staff has determined that allowing harvest of male and female pheasants in these WMUs is appropriate because they do not contain wild pheasant recovery areas, there is no evidence that these units are capable of sustaining huntable populations of wild pheasants under current landscape habitat conditions, and either-sex hunting would provide additional hunting opportunity (especially for youth hunters) and allow for more efficient use and distribution of game farm pheasants. The male-only restriction would continue in WMUs 4E and 5A, which contain active wild pheasant recovery areas.
In regard to black bear seasons, the Commission proposes a new 4-day extended firearms seasons in WMUs 4A and 5A and an increase (from 4 to 6 days) in the length of the extended firearms season in WMU 3A. These proposed changes are intended to prevent increases in bear populations and bear-human conflicts within these WMUs.
In regard to furbearer seasons, the Commission proposes the opening of WMUs 4B and 4C to fisher trapping. Commission staff has determined that fisher population indices within these WMUs are comparable to those in other units where fisher harvest is occurring sustainably, and staff and constituents have recommended this expansion of harvest opportunity.
There are no proposed changes in turkey, deer or elk seasons.
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 proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 139.4 to provide updated seasons and bag limits for the 2018-2019 hunting/trapping license year.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2018-2019 hunting/trapping license year will 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
The effective dates of this proposed rulemaking will be July 1, 2018, to June 30, 2019.
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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-424. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the table which appears in § 139.4, 58 Pa. Code pages 139-3—139-13, serial pages (387103)—(387113), with the following table.)
§ 139.4. Seasons and bag limits for the license year.
2018-2019 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
LimitField
Possession
Limit After
Second DaySquirrel—(Combined species) Sept. 29 Oct. 13 6 18 Eligible Junior Hunters only, with or without the required junior license Squirrel—(Combined species) Oct. 13 Nov. 24 6 18 and Dec. 10 Dec. 24 and Dec. 26 Feb. 28, 2019 Ruffed Grouse Oct. 13 Nov. 24 2 6 and Dec. 10 Dec. 24 Rabbit, Cottontail—Eligible Junior Sept. 29 Oct. 13 4 12 Hunters only, with or without the required junior license Rabbit, Cottontail Oct. 13 Nov. 24 4 12 and Dec. 10 Dec. 24 and Dec. 26 Feb. 28, 2019 Ring-necked Pheasant—There is no open season for the taking of pheasants in the Hegins-Gratz or Franklin County wild pheasant recovery areas. Ring-necked Pheasant Oct. 6 Oct. 13 2 6 Eligible Junior Hunters only, with or without the required junior license WMUs 4E and 5A—Male only WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F,
2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D,
5B, 5C and 5D—Male or femaleCentral Susquehanna Wild Pheasant As authorized by Executive Order Recovery Area—Male only Ring-necked Pheasant Oct. 20 Nov. 24 2 6 and WMUs 4E and 5A—Male only Dec. 10 Dec. 24 and WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F, Dec. 26 Feb. 28, 2019 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D,
5B, 5C and 5D—Male or femaleBobwhite Quail Oct. 13 Nov. 24 8 24 and Dec. 10 Dec. 24 and Dec. 26 Feb. 28, 2019 Hare (Snowshoe Rabbits) or Dec. 26 Jan. 1, 2019 1 3 Varying Hare Woodchuck (Groundhog) No closed season except during the regular firearms deer season(s). Hunting on Sundays is prohibited. Unlimited
Species First Day Last Day Daily
LimitSeason
LimitTurkey, Fall—Male or Female 1 1 WMU 2B Oct. 27 Nov. 16 (Shotgun, Bow and Arrow only) and Nov. 22 Nov. 24 WMU 1B Oct. 27 Nov. 3 WMUs 1A, 2A, 4A and 4B Oct. 27 Nov. 3 and Nov. 22 Nov. 24 WMUs 2D, 2E, 2F, 2G, 2H, Oct. 27 Nov. 10 3A, 3B, 3C, 3D, 4C, 4D and 4E and Nov. 22 Nov. 24 WMU 2C Oct. 27 Nov. 16 and Nov. 22 Nov. 24 WMU 5A Nov. 1 Nov. 3 WMU 5B Oct. 30 Nov. 1 WMUs 5C and 5D Closed to fall turkey hunting Turkey, Spring1 Apr. 20, 2019 Apr. 20, 2019 1 1 Bearded Bird only, Eligible Junior Hunters only, with the required junior license Turkey, Spring1 1 2 Bearded Bird only Apr. 27, 2019 May 11, 2019 May be hunted 1/2 hour before sunrise to 12 noon and May 13, 2019 May 31, 2019 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
LimitField
Possession
Limit After
Second DayCrow July 1 Apr. 14, 2019 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
LimitField
Possession
Limit After
Second DaySquirrel—(Combined species) Sept. 1 Mar. 30, 2019 6 18 Quail Sept. 1 Mar. 30, 2019 8 24 Ruffed Grouse Sept. 1 Mar. 30, 2019 2 6 Cottontail Rabbits Sept. 1 Mar. 30, 2019 4 12 Snowshoe or Varying Hare Sept. 1 Mar. 30, 2019 1 3 Ring-necked Pheasant—Male Sept. 1 Mar. 30, 2019 2 6 and Female—(Combined) Migratory Game Bird—Seasons and bag limits shall be in accordance with Federal regulations.
WHITE-TAILED DEER
Species First Day Last Day Season
LimitDeer, Archery (Antlered and Antlerless)2 Sept. 15 Nov. 24 One antlered deer, and With the required archery license and an antlerless deer with each required antlerless license. WMUs 2B, 5C and 5D Dec. 26 Jan. 26, 2019 Deer, Archery (Antlered and Antlerless)2 Sept. 29 Nov. 10 One antlered deer, and With the required archery license and an antlerless deer with each required antlerless license. WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, Dec. 26 Jan. 12, 2019 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B Deer, Muzzleloading (Antlerless only) Oct. 13 Oct. 20 An antlerless deer With the required muzzleloading license with each required antlerless license. Deer, Special firearms (Antlerless only) Oct. 18 Oct. 20 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. 26 Dec. 8 One antlered deer, (Antlered and Antlerless)2 and an antlerless deer WMUs 2B, 5C and 5D with each required antlerless license. Deer, Regular firearms (Antlered only)2 Nov. 26 Nov. 30 One antlered deer. WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B Deer, Regular firearms Dec. 1 Dec. 8 One antlered deer, (Antlered and Antlerless)2 and an antlerless deer WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, with each required 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, antlerless license. 5A and 5B Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 12, 2019 One antlered or one With the required muzzleloading license antlerless deer, plus WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, an additional antlerless 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, deer with each required 5A and 5B antlerless license. Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 26, 2019 One antlered or one With the required muzzleloading license antlerless deer, plus WMUs 2B, 5C and 5D an additional antlerless deer with each required antlerless license. Deer, Extended Regular firearms (Antlerless) Dec. 26 Jan. 26, 2019 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, Archery 4 Sept. 15 Nov. 24 1 WMUs 2B, 5C and 5D Bear, Archery4 Sept. 29 Nov. 10 1 WMU 5B Bear, Archery4 Oct. 29 Nov. 3 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. 13 Oct. 20 1 WMUs 2B, 5B, 5C and 5D Bear, Special firearms4 Oct. 18 Oct. 20 1 Only Junior and Senior License Holders3, 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 antlerless license WMUs 2B, 5B, 5C and 5D Bear, Regular Firearms4 Nov. 17 Nov. 21 1 (Statewide) Bear, Extended firearms4 Nov. 26 Dec. 1 1 WMUs 3A, 3B, 3C and 3D Bear, Extended firearms4 Nov. 26 Dec. 8 1 WMUs 2B, 5B, 5C and 5D Bear, Extended firearms4 Nov. 28 Dec. 1 1 WMUs 1B, 2C, 4A, 4B, 4C, 4D, 4E and 5A
ELK
Species First Day Last Day Season
LimitElk, Special Conservation Tag5 Sept. 1 Nov. 10 1 and Special-License Tag5 (Antlered and Antlerless) Elk, Regular5 Nov. 5 Nov. 10 1 (Antlered and Antlerless) Elk, Extended5 Nov. 12 Nov. 17 1 (Antlered and Antlerless)
FURTAKING—TRAPPING
Species First Day Last Day Daily
LimitSeason
Limit
Mink and Muskrat Nov. 17 Jan. 6, 2019 Unlimited Beaver Dec. 26 Mar. 31, 2019 WMUs 1A, 1B and 3C (Combined) 20 40 WMUs 2A, 2B, 2C, 2D, 2E, 2F, 3A, 20 20 3B, 3D, 5C and 5D (Combined) WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5 5 5A and 5B (Combined) Coyote, Fox, Opossum, Raccoon, Oct. 21 Feb. 17, 2019 Unlimited Striped Skunk and Weasel Coyote and Fox Dec. 26 Feb. 17, 2019 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. 15 Jan. 6, 2019 1 1 3C, 3D, 4A, 4C, 4D and 4E Fisher, with required fisher permit Dec. 15 Dec. 26 1 1 WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4B, 4C, 4D and 4E River Otter, with required otter permit Feb. 16, 2019 Feb. 23, 2019 1 1 WMUs 3C and 3D
FURTAKING—HUNTING
Species First Day Last Day Daily
LimitSeason Limit Coyote—(Outside of any big game season) May be taken with a hunting license or Unlimited a furtaker's license. Coyote—(During any big game season) May be taken while lawfully hunting Unlimited big game or with a furtaker's license. Opossum, Striped Skunk, Weasel No closed season. Raccoon and Fox Oct. 20 Feb. 16, 2019 Unlimited Bobcat, with required bobcat permit WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, Jan. 12, 2019 Feb. 6, 2019 1 1 3C, 3D, 4A, 4C, 4D and 4E Porcupine Sept. 1 March 30, 2019 3 10 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 2 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. 18-448. Filed for public inspection March 23, 2018, 9:00 a.m.]
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