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PA Bulletin, Doc. No. 18-820

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[48 Pa.B. 3082]
[Saturday, May 26, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 24, 2018, meeting, amended § 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 final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

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

 Notice of proposed rulemaking was published at 48 Pa.B. 1689 (March 24, 2018).

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 amends § 139.4 to provide updated seasons and bag limits for the 2018-2019 license year. The 2018-2019 seasons and bag limits are 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 eliminates 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 creates 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 changes are intended to prevent increases in bear populations and bear-human conflicts within these WMUs.

 In regard to white-tail deer seasons, the Commission extends the early deer archery season in WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 4E, 5A and 5B for 2 additional days during the November rut.

 In regard to furbearer seasons, the Commission opens 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 changes to turkey 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 adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 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 in this Commonwealth during the 2018-2019 hunting/trapping license year will be affected by this final-form rulemaking.

4. Comment and Response Summary

 The Commission received 68 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer seasons: A total of 11 comments were received concerning this subtopic: 1 supported an active duty military only deer season; 3 supported concurrent antlered/antlerless deer seasons; 1 supported opening regular firearms deer season for the entire month of December; 1 supported keeping the opening day of regular firearms deer season the Monday after Thanksgiving; 1 supported an earlier opening day for regular firearms deer season on private land; 3 supported extending archery deer season 1 week more during the rut; and 1 supported extending archery deer season to include Veterans Day.

Elk seasons: One comment was received concerning this subtopic in support of creating an archery elk season.

Bear seasons: One comment was received concerning this subtopic in support of expanding the muzzleloader bear Statewide.

Turkey seasons: Two comments were received concerning this subtopic: one supported keeping the fall turkey season open until November 16th; and one supported allowing hunters with disabilities to hunt turkey 1 week earlier than everyone else.

Small game seasons: A total of 61 comments were received concerning this subtopic: 58 supported and 3 opposed the changes to grouse season.

Furbearer seasons: Three comments were received concerning this subtopic: one supported opening otter season in Erie, Crawford and Venango Counties; one supported extending fisher season; and one supported opening bobcat season in WMU 2D.

5. Cost and Paperwork Requirements

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

6. Effective Date

 This final-form rulemaking will be effective July 1, 2018, to June 30, 2019.

7. Contact Person

 For further information regarding this final-form rulemaking, contact Randy L. Shoup, 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 the authorizing statute, 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 shall be effective July 1, 2018, to June 30, 2019.

BRYAN J. BURHANS, 
Executive Director

Fiscal Note: Fiscal Note 48-424 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.

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
Limit
Field
Possession
Limit After
Second Day
Squirrel—(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 female
Central 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 female
Bobwhite 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
SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Turkey, 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.

SpeciesFirst Day   Last DayDaily
Limit
Field
Possession
Limit After
Second Day
Crow 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

SpeciesFirst Day   Last DayDaily
Limit
Field
Possession
Limit After
Second Day
Squirrel—(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

SpeciesFirst DayLast DaySeason
Limit
Deer, Archery (Antlered and Antlerless)2 Sept. 15 Nov. 24 One antlered deer, and
With the required archery license andan 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. 12 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
Limit
Elk, 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
Limit
Season
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

SpeciesFirst Day   Last DayDaily
Limit
Season 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. 18-820. Filed for public inspection May 25, 2018, 9:00 a.m.]



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