PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[50 Pa.B. 1373]
[Saturday, March 7, 2020]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 25, 2020, meeting to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2020-2021 hunting/furtaking 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 25, 2020, meeting of the Commission. Comments can be sent until April 1, 2020, 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 2020-2021 license year. The 2020-2021 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.

 For small game, earlier opening dates are proposed for youth and regular squirrel seasons to increase opportunity on this underutilized species at a time when most other hunting seasons are closed. Also, Wildlife Management Units (WMU) 4E and 5A are proposed to be opened to either-sex pheasant hunting (except within Wild Pheasant Recovery Areas) to maximize hunting opportunity for stocked pheasants.

 A 1-week decrease in the fall turkey season is recommended for WMUs 4D and 4E in response to declining turkey population trends in these units. Also, for those WMUs where turkey populations can support a Thanksgiving season, this season is proposed to be increased from 2 to 3 days, in a Wednesday through Friday format.

 For deer, a 14-day concurrent antlered and antlerless firearms season is recommended to provide increased opportunity, especially for younger hunters. As now authorized by statute, Sunday hunting for deer is proposed for one Sunday (November 15) during the Statewide archery season and one Sunday (November 29) during the Statewide firearms season.

 Overall black bear season recommendations are similar to those in 2019, but with two expansions. First, the 3-week Statewide archery season is proposed to be expanded to include the prior week to include the overlap with muzzleloader and special firearms seasons to simplify regulations. Second, the Statewide firearms season is proposed to include the newly authorized third Sunday (November 22), but to close on Tuesday rather than Wednesday to accommodate a 1-day expansion in the Thanksgiving segment of the fall turkey season.

 Expansions of bobcat hunting and trapping opportunity to WMU 2B, and of river otter trapping opportunity to WMUs 1A, 1B and 2F, are recommended 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 40 to 60 is recommended for WMUs 1A and 1B in response to increasing nuisance complaints in these units.

 No elk have ever been harvested in the extended elk season during the 9 years in which it has been in existence. To simplify regulations, elimination of this season is recommended for 2020.

 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 2020-2021 hunting/furtaking license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2020-2021 hunting/furtaking license year will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

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

5. Effective Date

 The effective dates of this proposed rulemaking are July 1, 2020, to June 30, 2021.

6. Contact Person

 For further information regarding this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-446. 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 (396521)—(396531), with the following table.)

§ 139.4. Seasons and bag limits for the license year.

2020-2021 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)1	Sept. 12		Sept. 26	6	18
Eligible Junior Hunters only, with or without the required junior license
Squirrel—(Combined species)1	Sept. 12		Nov. 27	6	18
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 27, 2021
Ruffed Grouse1	Oct. 17		Nov. 27	2	6
		and
	Dec. 14		Dec. 24
Rabbit, Cottontail—1	Oct. 3		Oct. 17	4	12
Eligible Junior Hunters only, with or without the required junior license
Rabbit, Cottontail1	Oct. 17		Nov. 27	4	12
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 27, 2021
Ring-necked Pheasant—There is no open season for the taking of pheasants in the Franklin County Wild Pheasant Recovery Area.
Ring-necked Pheasant—Male or Female1 Eligible Junior Hunters only, with or without the required junior license	Oct. 10		Oct. 17	2	6
Central Susquehanna Wild Pheasant Recovery Area—Male only1	As authorized by the Executive Order
Ring-necked Pheasant—Male or Female1	Oct. 24		Nov. 27	2	6
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 27, 2021
Bobwhite Quail1	Oct. 17		Nov. 27	8	24
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 27, 2021
Hare (Snowshoe Rabbits) or Varying Hare1	Dec. 26		Jan. 1, 2021	1	3
Woodchuck (Groundhog)1	No closed season except during the regular firearms deer season(s).			Unlimited

TURKEY

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey, Fall—Male or Female1				1	1
WMU 2B	Oct. 31		Nov. 20
(Shotgun, Bow and Arrow only)		and
	Nov. 25		Nov. 27
WMU 1B	Oct. 31		Nov. 7
WMUs 1A, 2A, 4A, 4B, 4D and 4E	Oct. 31		Nov. 7
		and
	Nov. 25		Nov. 27
WMUs 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D	Oct. 31		Nov. 14
and 4C		and
	Nov. 25		Nov. 27
WMU 2C	Oct. 31		Nov. 20
		and
	Nov. 25		Nov. 27
WMU 5A	Nov. 5		Nov. 7
WMU 5B	Nov. 3		Nov. 5
WMUs 5C and 5D	Closed to fall turkey hunting
Turkey, Spring2	Apr. 24, 2021		Apr. 24, 2021	1	1
Bearded Bird only, Eligible Junior Hunters only, with the required junior license
Turkey, Spring1,2				1	2
Bearded Bird only	May 1, 2021		May 15, 2021	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 17, 2021		May 31, 2021	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.

 (c) Hunting on Sunday not authorized.¹

Species	First Day		Last Day	Daily Limit	Field Possession Limit After Second Day
Crow3	July 3		Apr. 11, 2021	Unlimited
(Hunting permitted on Friday, Saturday and Sunday only)
Starling and English Sparrow3	No closed season except during the			Unlimited
	regular firearms deer seasons.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After Second Day
Squirrel—(Combined species)1	Sept. 1		Mar. 31, 2021	6	18
Quail1	Sept. 1		Mar. 31, 2021	8	24
Ruffed Grouse1	Sept. 1		Mar. 31, 2021	2	6
Cottontail Rabbits1	Sept. 1		Mar. 31, 2021	4	12
Snowshoe or Varying Hare1	Sept. 1		Mar. 31, 2021	1	3
Ring-necked Pheasant—Male1	Sept. 1		Mar. 31, 2021	2	6
and Female—(Combined)
Migratory Game Bird1—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species	First Day		Last Day	Season Limit
Deer, Archery (Antlered & Antlerless)1,4,5	Sept. 19		Nov. 14	One antlered deer
With the required archery license		and		and an antlerless deer
WMUs 2B, 5C and 5D	Sun.3, Nov. 15		Sun.3, Nov. 15	with each required and antlerless license.
		and
	Nov. 16		Nov. 27
		and
	Dec. 26		Jan. 23, 2021
Deer, Archery (Antlered & Antlerless)1,4,5	Oct. 3		Nov. 14	One antlered deer
With the required archery license		and		and an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,	Sun.3, Nov. 15		Sun.3, Nov. 15	with each required and antlerless license.
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,
5A and 5B	Dec. 26		Jan. 18, 2021
Deer, Muzzleloading (Antlerless only)1	Oct. 17		Oct. 24	An antlerless deer
With the required muzzleloading license				with each required
(Statewide)				antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 22		Oct. 24	An antlerless deer
Only Junior and Senior License Holders,6				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
(Statewide)
Deer, Regular Firearms	Nov. 28		Nov. 28	One antlered deer
(Antlered and Antlerless)1,4,5		and		and an antlerless deer
(Statewide)	Sun.3, Nov. 29		Sun.3, Nov. 29	with each required antlerless license.
		and
	Nov. 30		Dec. 12
Deer, Flintlock (Antlered or Antlerless)1,4	Dec. 26		Jan. 18,	One antlered or one
With the required muzzleloading license			2021	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)1,4	Dec. 26		Jan. 23,	One antlered or one
With the required muzzleloading license			2021	antlerless deer, plus
WMUs 2B, 5C and 5D				an additional antlerless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)1	Dec. 26		Jan. 23,	An antlerless deer
Allegheny, Bucks, Chester, Delaware,			2021	with each required
Montgomery and Philadelphia Counties				antlerless license.
Deer, Antlerless1	Hunting is permitted on days			An antlerless deer
(Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	established by the United States Department of the Army.			with each required antlerless license.

BLACK BEAR

Species	First Day		Last Day		Season Limit
Bear, Archery1,7	Sept. 19		Nov. 27		1
WMUs 2B, 5C and 5D
Bear, Archery1,7	Oct. 3		Nov. 14		1
WMU 5B
Bear, Archery1,7	Oct. 17		Nov. 7		1
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A
Bear, Muzzleloader1,7	Oct. 17		Oct. 24		1
(Statewide)
Bear, Special firearms7	Oct. 22		Oct. 24		1
Only Junior and Senior License Holders6, 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 (Statewide)
Bear, Regular Firearms1,5,7	Nov. 21		Nov. 21		1
(Statewide)		and
	Sun.3, Nov. 22		Sun.3, Nov. 22
		and
	Nov. 23		Nov. 24
Bear, Extended firearms1.7	Nov. 28		Dec. 12		1
WMUs 2B, 5B, 5C and 5D
Bear, Extended firearms1,7	Nov. 28		Dec. 5		1
WMUs 1B, 2C, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A

ELK

Species	First Day		Last Day		Season Limit
Elk, Special Conservation Tag1,8	Sept. 1		Nov. 7		1
and Special-License Tag5,6 (Antlered and Antlerless)
Elk, Archery1,8	Sept. 12		Sept. 26		1
Elk, Regular8	Nov. 2		Nov. 7		1
(Antlered and Antlerless)
Elk, Late1,8	Jan. 2, 2021		Jan. 9, 2021		1
(Antlerless only)

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 21		Jan. 10, 2021	Unlimited
Beaver	Dec. 19		Mar. 31, 2021
WMUs 1A and 1B (Combined)				20	60
WMUs 2A, 2B and 3C (Combined)				20	40
WMUs 2C, 2D, 2E, 2F, 3A, 3B, 3D, 5C and 5D (Combined)				20	20
WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and 5B (Combined)				5	5
Coyote, Fox, Opossum, Raccoon,	Oct. 25		Feb. 21, 2021	Unlimited
Striped Skunk and Weasel
Coyote and Fox	Dec. 26		Feb. 21, 2021	Unlimited
Use of cable restraint devices authorized with required certification
Bobcat, with required bobcat permit
WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A,	Dec. 19		Jan. 10, 2021	1	1
3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Fisher, with required fisher permit	Dec. 19		Jan. 3, 2021	1	1
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A,
3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
River Otter, with required otter permit	Feb. 13, 2021		Feb. 20, 2021	1	1
WMUs 1A, 1B, 2F, 3C and 3D

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(Outside of any big game season)3	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 big			Unlimited
	game or with a furtaker's license.
Opossum, Striped Skunk, Weasel1	No closed season.
Fox3	Oct. 24		Feb. 20, 2021	Unlimited
Raccoon1	Oct. 24		Feb. 20, 2021	Unlimited
Bobcat, with required bobcat permit1
WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A,	Jan. 9, 2021		Feb. 3, 2021	1	1
3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Porcupine1	Oct. 10		Jan. 30, 2021	3	10

 No open seasons on other wild birds or wild mammals.

 ¹ No hunting on Sunday authorized. See 34 Pa.C.S. § 2303 (relating to hunting on Sunday prohibited).

 ² 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.

 ³ Hunting on Sunday is authorized. See 34 Pa.C.S. § 2303.

 ⁴ Only one antlered deer (buck) may be taken during the hunting license year.

 ⁵ Hunting on Sunday authorized on separately delineated Sunday date only. See 34 Pa.C.S. § 2303.

 ⁶ 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).

 ⁷ Only one bear may be taken during the hunting license year with the required bear license.

 ⁸ Only one elk may be taken during the hunting license year with the required elk license.

[Pa.B. Doc. No. 20-324. Filed for public inspection March 6, 2020, 9:00 a.m.]

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