RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Furbearers
[49 Pa.B. 4951]
[Saturday, August 31, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 23, 2019, meeting amended §§ 141.63, 141.67 and 141.68 (relating to definitions; furbearer seasons; and prohibited devices) to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within the Commonwealth.
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. 2612 (May 25, 2019).
1. Purpose and Authority
The Commission amended §§ 141.63, 141.67 and 141.68 to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within the Commonwealth. To this end, the Commission amended § 141.63 to add definitions of the terms body-gripping trap, cage or box trap and leg-hold trap.
The Pennsylvania Trapper's Association requested that the Commission amend the definition of a snare to establish consistent definitions for the locks that are legal for use for cable restraints and snares. Cable restraint regulations and definitions were developed to allow live restraint of canids, whereas regulations and definitions for snares were developed to allow for live restraint or kill sets for beaver and otter. Former language in § 141.63 required that a snare be ''equipped with a mechanical sliding metal release lock'' and that ''Cable restraints must be equipped with an approved lock.'' The ''approved'' locks are listed and visually represented in § 141.66(g). The current list of approved locks is based upon research conducted during the development of Best Management Practices for Trapping in the United States. The change was intended to expand the number and types of locks available to trappers using snares. Furthermore, these changes will provide consistency in the legal lock requirements for cable restraints and snares.
Cage or box traps are efficient, selective and humane tools for harvesting furbearers. Section 2361 of the code (relating to unlawful acts concerning taking of furbearers) references the Commission's authority to approve cage or box type traps for taking furbearers, but their permitted use has not been asserted in the trapping regulations. The Commission amended §§ 141.67 and 141.68 to specifically add cage or box traps, as well as other currently accepted trapping devices, to the list of approved devices.
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 §§ 141.63, 141.67 and 141.68 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 141.63, 141.67 and 141.68 to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within this Commonwealth.
3. Persons Affected
Persons wishing to trap or take furbearers within this Commonwealth may be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
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 upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
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 (relating to notice of proposed rulemaking; and adoption of regulations).
(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 141, are amended by amending §§ 141.63, 141.67 and 141.68.
(b) The Executive Director of the Commission shall certify this order and 49 Pa.B. 2612 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-443 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361 of the act (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:
Artificial cubby—A baited enclosure constructed of natural or artificial material that is designed to house and corral a furbearer into a body-gripping trap.
Body-gripping trap—A jawed trap device designed to capture and kill a furbearer by compression of the neck or body through the operation of one or two rotating, spring-loaded jaws activated by a trigger.
Cable restraint—A galvanized stranded steel cable with a minimum diameter of 3/32 inches. The cable must be constructed of either 7 bundles comprised of 7 wires per bundle, 7 bundles comprised of 19 wires per bundle or 1 bundle comprised of 19 wires. The cable may not exceed 7 feet in length from the anchor point to the lock contacting the fully closed loop stop, must be equipped with at least one swivel device (which allows for 360° rotation) between the loop and the anchor and must have stops affixed to the cable to ensure that the circumference of the cable which makes up the loop may not be greater than 38 inches when fully open, or less than 8 inches when fully closed. Cable restraints must be equipped with an approved lock. The lock may not be constructed with moving parts. A cable restraint must include a breakaway device affixed between the lock and cable or at the end of the cable that is rated at 375 pounds or less. The cable must be maintained in good condition so that all components operate properly.
Cage or box trap—An enclosure trap designed to capture and restrain a live furbearer by confinement in a cage or box through the operation and closure of a door or portal activated by a trigger.
Foot encapsulating trap—A device that has all triggering and restraining mechanisms enclosed by a housing which, once set, allows access to the triggering mechanism through a single opening not to exceed 2 inches in diameter or diagonally and is anchored by a swivel-mounted anchoring mechanism.
Leg-hold trap—A jawed trap device designed to capture and restrain a live furbearer by the foot through operation of one or two rotating, spring-loaded jaws activated by a trigger.
Marsh, pond or dam—A standing body of water.
Snare—A looped galvanized or stainless stranded steel cable 3/32 inches in diameter equipped with an approved lock listed in § 141.66(g) (relating to cable restraints). A metal ferrule shall be crimped on the cable to prevent the snare loop from closing to a circumference less than 7 inches.
Waterway or watercourse—A riverine system that contains water which includes the semi-permanent flooded area.
§ 141.67. Furbearer seasons.
(a) Permitted devices. It is lawful to hunt or take furbearers during any furtaking season with the following devices:
(1) A manually operated or semiautomatic rifle or manually operated handgun that propels single-projectile ammunition.
(2) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun. The firearm must be 10 gauge or less, that propels single-projectile ammunition or multiple-projectile shotgun ammunition not larger than # 4 buckshot. The centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(3) A muzzleloading rifle or handgun that propels single-projectile ammunition.
(4) A bow and arrow.
(5) A crossbow and bolt.
(6) A manually operated or semiautomatic air rifle or manually operated air handgun .22 caliber or larger that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.
(7) A leg-hold trap, except as prohibited under section 2361(a)(8) of the act (relating to unlawful acts concerning taking of furbearers).
(8) A body-gripping trap, except as prohibited under section 2361(a)(11) of the act.
(9) A cable restraint device authorized by § 141.66 (relating to cable restraints).
(10) A snare, except as prohibited under § 141.62(b) (relating to beaver and otter trapping).
(11) A cage or box trap, except as prohibited under section 2361(a)(17) of the act.
(b) Prohibitions. While hunting furbearers during any furbearer hunting or trapping season, it is unlawful to:
(1) Use or possess multiple-projectile shotgun ammunition larger than # 4 buckshot, except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).
(2) Use or possess a device or ammunition not provided for in the act or in this section, except as authorized under section 2525 of the act.
(3) Use any firearm, other than authorized in this paragraph, to dispatch legally trapped furbearers during the overlap with the regular or special firearms deer seasons:
(i) A manually operated or semiautomatic rimfire rifle or manually operated rimfire handgun .22 caliber or less.
(ii) A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.
§ 141.68. Prohibited devices.
It is unlawful to take furbearers through the use of the following devices;
(1) Fish hooks, snagging hooks or any other hooks of similar design.
(2) Implements that are not lawful traps, snares, cable restraints, firearms, bows or crossbows.
[Pa.B. Doc. No. 19-1315. Filed for public inspection August 30, 2019, 9:00 a.m.]
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