RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[49 Pa.B. 2500]
[Saturday, May 18, 2019]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2019, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2019-2020 hunting/furtaking 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 49 Pa.B. 1390 (March 23, 2019).

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 2019-2020 hunting/furtaking license year. The 2019-2020 seasons and bag limits have been 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.

 To provide an overall increase in black bear hunting opportunity and harvest, and to better align open seasons with dates when agricultural producers are experiencing bear damage, the Commission shifted the archery bear season to mid-October and expanded the October muzzleloader and special firearms seasons (previously limited to wildlife management units (WMU) on the periphery of the bear range) Statewide. Also, the Commission increased the length of the extended firearms bear season in several WMUs from 4 to 6 days to increase bear harvest and reduce regulations complexity.

 For elk, the Commission added a September archery season and a January antlerless season to address hunter crowding issues during the regular season while simultaneously reducing elk habituation toward humans and residential areas, and improving the agency's ability to respond to elk-human conflicts and to potential future chronic wasting disease infection.

 Expansions of bobcat hunting and trapping opportunity to WMU 4B, and of fisher trapping opportunity to WMU 4A, were added in light of population indices in these units that are comparable to those in other WMUs where harvest is occurring sustainably. For beaver, an increase in the season bag limit from 20 to 40 was added for WMUs 2A and 2B in response to increasing nuisance complaints in these units. For porcupine, the Commission reduced the season length to ensure population sustainability given significant uncertainty about the impacts of harvest on this species.

 To increase hunting opportunities for younger deer hunters, the Commission added a Saturday opener for the regular firearms deer season. Changing the historic opening day from the Monday following Thanksgiving to the Saturday following Thanksgiving represents a significant change in tradition. However, retaining our younger hunters is important to preserving our hunting heritage. By shifting the opening day to a Saturday this change will create more hunting opportunity by selecting a day which better fits the working/school schedule of youth and young adults. Minor changes were also added for small game and turkey season closing dates to accommodate the 1-day shift in the opening of the regular firearms deer 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

 This final-form rulemaking amends § 139.4 to provide updated seasons and bag limits for the 2019-2020 hunting/furtaking license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2019-2020 hunting/furtaking license year may be affected by this final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 1,222 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

 Deer Seasons: Out of a total of 1,178 comments received concerning this subtopic, 217 supported and 935 opposed a Saturday opener for regular firearms deer season, 1 supported being able to harvest a buck in early season, 5 supported concurrent antlered/antlerless seasons, 1 opposed the extended season, 1 supported opening the regular firearms deer season the a week earlier, 6 supported shortening archery season, 6 supported lengthening archery season, 1 supported a longer archery season in special regulation areas, 1 supported shifting the start and end dates of archery season to 1 week later, 1 supported creating a separate crossbow season from archery season, 1 opposed the overlap of small game season with archery deer season, 1 opposed the October muzzleloader season, 1 supported having antlered deer lawful for harvest during all early deer seasons and 1 supported having antlerless deer season limited to 2 days.

 Turkey Seasons: A total of three comments were received concerning this subtopic in opposition to removing the last day of turkey season to accommodate the Saturday opening day of regular firearm deer season.

 Bear Seasons: A total of 25 comments were received concerning this subtopic, 1 supported moving bear season to the last week of September, 3 supported having a special firearms bear season for seniors, 6 supported the muzzleloading bear season, 2 supported the additional archery hunting opportunity, 6 opposed the early muzzleloader and special firearm bear seasons, 1 supported extending bear hunting opportunities in WMU 2F, 1 supported moving archery bear season before archery deer season, 2 supported and 2 opposed the expansion of bear seasons and 1 opposed the concurrent bear and deer seasons.

 Small Game Seasons: A total of 13 comments were received concerning this subtopic, 1 supported starting squirrel season on September 1, 5 opposed removing the last day of small game season to accommodate the Saturday opening day of regular firearm deer season, 1 supported extending small game seasons through March, 1 supported shortening grouse season, 4 supported closing grouse season and 1 supported shortening the late season hunt to 6 days.

 Furbearer Seasons: A total of three comments were received concerning this subtopic, one opposed the unlimited coyote bag limit and two supported opening bobcat season in WMU 2D.

5. Cost and Paperwork Requirements

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

6. Effective Date

 This final-form rulemaking will be effective July 1, 2019, to June 30, 2020.

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.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-439 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.

2019-2020 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) Eligible Junior Hunters only, with or without the required junior license	Oct. 5		Oct. 19	6	18
Squirrel—(Combined species)	Oct. 19   Dec. 16   Dec. 26	and     and	Nov. 29   Dec. 24   Feb. 29, 2020	6	18
Ruffed Grouse	Oct. 19   Dec. 16	and	Nov. 29   Dec. 24	2	6
Rabbit, Cottontail— Eligible Junior Hunters only, with or without the required junior license	Oct. 5		Oct. 19	4	12
Rabbit, Cottontail	Oct. 19   Dec. 16   Dec. 26	and     and	Nov. 29   Dec. 24   Feb. 29, 2020	4	12
Ring-necked Pheasant—There is no open season for the taking of pheasants in any area designated as a wild pheasant recovery area, except as authorized by Executive Order.
Ring-necked Pheasant 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	Oct. 12		Oct. 19	2	6
Central Susquehanna Wild Pheasant Recovery Area—Male only	As authorized by the Executive Order
Ring-necked Pheasant   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	Oct. 26   Dec. 16   Dec. 26	and     and	Nov. 29   Dec. 24   Feb. 29, 2020	2	6
Bobwhite Quail	Oct. 19   Dec. 16   Dec. 26	and     and	Nov. 29   Dec. 24   Feb. 29, 2020	8	24
Hare (Snowshoe Rabbits) or Varying Hare	Dec. 26		Jan. 1, 2020	1	3
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 Limit	Season Limit
Turkey, Fall—Male or Female WMU 2B (Shotgun, Bow and Arrow only)   WMU 1B WMUs 1A, 2A, 4A and 4B     WMUs 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4C, 4D and 4E   WMU 2C     WMU 5A WMU 5B WMUs 5C and 5D	Nov. 2   Nov. 28 Nov. 2 Nov. 2   Nov. 28 Nov. 2   Nov. 28 Nov. 2   Nov. 28 Nov. 7 Nov. 5	and         and       and       and	Nov. 22   Nov. 29 Nov. 9 Nov. 9   Nov. 29 Nov. 16   Nov. 29 Nov. 22   Nov. 29 Nov. 9 Nov. 7	1	1
	Closed to fall turkey hunting
Turkey, Spring1 Bearded Bird only, Eligible Junior Hunters only, with the required junior license	Apr. 25, 2020		Apr. 25, 2020	1	1
Turkey, Spring1 Bearded Bird only	May 2, 2020   May 18, 2020	and	May 16, 2020   May 30, 2020	1         2   May be hunted 1/2 hour before sunrise to 12 noon     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 Second Day
Crow (Hunting permitted on Friday, Saturday and Sunday only)	July 5		Apr. 12, 2020	Unlimited
Starling and English Sparrow	No closed season except during the regular firearms deer seasons.			Unlimited

FALCONRY

Species	First Day		Last Day	Daily  Limit	Field Possession Limit After Second Day
Squirrel—(Combined species)	Sept. 2		Mar. 31, 2020	6	18
Quail	Sept. 2		Mar. 31, 2020	8	24
Ruffed Grouse	Sept. 2		Mar. 31, 2020	2	6
Cottontail Rabbits	Sept. 2		Mar. 31, 2020	4	12
Snowshoe or Varying Hare	Sept. 2		Mar. 31, 2020	1	3
Ring-necked Pheasant—Male and Female—(Combined)	Sept. 2		Mar. 31, 2020	2	6
Migratory Game Bird—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 With the required archery license WMUs 2B, 5C and 5D	Sept. 21   Dec. 26	and	Nov. 29   Jan. 25, 2020	One antlered deer, and an antlerless deer ith each required antlerless license.
Deer, Archery (Antlered and Antlerless)2 With the required archery license WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B	Oct. 5   Dec. 26	and	Nov. 16   Jan. 20, 2020	One antlered deer, and an antlerless deer with each requiredantlerless license.
Deer, Muzzleloading (Antlerless only) With the required muzzleloading license	Oct. 19		Oct. 26	An antlerless deer with each required antlerless license.
Deer, Special firearms (Antlerless only) 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 United States Coast Guard	Oct. 24		Oct. 26	An antlerless deer with each required antlerless license.
Deer, Regular firearms (Antlered and Antlerless)2 WMUs 2B, 5C and 5D	Nov. 30		Dec. 14	One antlered deer, and an antlerless deer with each required antlerless license.
Deer, Regular firearms (Antlered only)2 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B	Nov. 30		Dec. 6	One antlered deer.
Deer, Regular firearms (Antlered and Antlerless)2 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B	Dec. 7		Dec. 14	One antlered deer, and an antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 With the required muzzleloading license WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B	Dec. 26		Jan. 20, 2020	One antlered or one antlerless deer, plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 With the required muzzleloading license WMUs 2B, 5C and 5D	Dec. 26		Jan. 25, 2020	One antlered or one antlerless deer, plus an additional antlerless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless) Allegheny, Bucks, Chester, Delaware, Montgomery and Philadelphia Counties	Dec. 26		Jan. 25, 2020	An antlerless deer with each required antlerless license
Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.			An antlerless deer with each required antlerless license.

BLACK BEAR

Species	First Day		Last Day		Season Limit
Bear, Archery4 WMUs 2B, 5C and 5D	Sept. 21		Nov. 29		1
Bear, Archery4 WMU 5B	Oct. 5		Nov. 16		1
Bear, Archery4 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A	Oct. 28		Nov. 9		1
Bear, Muzzleloader4 (Statewide)	Oct. 19		Oct. 26		1
Bear, Special firearms4 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 (Statewide)	Oct. 24		Oct. 26		1
Bear, Regular Firearms4 (Statewide)	Nov. 23		Nov. 27		1
Bear, Extended firearms4 WMUs 2B, 5B, 5C and 5D	Nov. 30		Dec. 14		1
Bear, Extended firearms4 WMUs 1B, 2C, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A	Nov. 30		Dec. 7		1

ELK

Species	First Day		Last Day		Season Limit
Elk, Special Conservation Tag5 and Special-License Tag5 (Antlered and Antlerless)	Sept. 2		Nov. 9		1
Elk, Archery5	Sept. 14		Sept. 28		1
Elk, Regular5 (Antlered and Antlerless)	Nov. 4		Nov. 9		1
Elk, Extended5 (Antlered and Antlerless)	Nov. 11		Nov. 16		1
Elk, Late5 (Antlerless only)	Jan. 4, 2020		Jan. 11, 2020		1

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 23		Jan. 12, 2020	Unlimited
Beaver WMUs 1A, 1B, 2A, 2B and 3C (Combined) WMUs 2C, 2D, 2E, 2F, 3A, 3B, 3D, 5C and 5D (Combined) WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and 5B (Combined)	Dec. 26		Mar. 31, 2020	20 20   5	40 20   5
Coyote, Fox, Opossum, Raccoon, Striped Skunk and Weasel	Oct. 27		Feb. 23, 2020	Unlimited
Coyote and Fox Use of cable restraint devices authorized with required certification	Dec. 26		Feb. 23, 2020	Unlimited
Bobcat, with required bobcat permit WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E	Dec. 21		Jan. 12, 2020	1	1
Fisher, with required fisher permit WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E	Dec. 21		Jan. 5, 2020	1	1
River Otter, with required otter permit WMUs 3C and 3D	Feb. 15, 2020		Feb. 22, 2020	1	1

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(Outside of any big game season)	May be taken with a hunting license or a furtaker's license.			Unlimited
Coyote—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.			Unlimited
Opossum, Striped Skunk, Weasel	No closed season.
Raccoon and Fox	Oct. 26		Feb. 22, 2020	Unlimited
Bobcat, with required bobcat permit WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E	Jan. 11, 2020		Feb. 5, 2020	1	1
Porcupine	Oct. 12		Feb. 1, 2020	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. 19-751. Filed for public inspection May 17, 2019, 9:00 a.m.]

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