RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Big Game
[50 Pa.B. 2265]
[Saturday, May 2, 2020]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 7, 2020, meeting amended §§ 141.43, 141.44 and 141.47 (relating to deer seasons; bear seasons; and elk seasons) to expand the list of lawful devices authorized for applicable deer, bear and elk seasons during periods of overlap. The Commission also amended § 141.47 to provide specific arms and ammunition listings for the archery elk season and the elk seasons established for the Special Conservation License and the Special License established under 34 Pa.C.S. § 2706.2 (relating to elk hunting licenses).
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 50 Pa.B. 1380 (March 7, 2020).
1. Purpose and Authority
During the 2019 fall hunting season, the Commission received a significant number of inquiries from the public concerning what arms and ammunition were lawful for users during the overlap of the archery deer season and its overlap with the muzzleloader bear season. Current regulations generally prohibit the possession of firearms during the deer archery season and archery tackle is not listed as a lawful device for muzzleloader bear seasons. In an effort to clarify these issues and provide greater opportunity during these overlap seasons, the Commission amends §§ 141.43, 141.44 and 141.47 to expand the list of lawful devices authorized for applicable deer, bear and elk seasons during periods of overlap. It is important to note that the Commission's expansion of the list for allowable devices for deer and bear muzzleloading seasons was not extended to deer flintlock muzzleloading season. The Commission also amends § 141.47 to provide specific arms and ammunition listings for the archery elk season and the elk seasons established for the Special Conservation License and the Special License established under 34 Pa.C.S. § 2706.2.
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 §§ 141.43, 141.44 and 141.47 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 141.43, 141.44 and 141.47 to expand the list of lawful devices authorized for applicable deer, bear and elk seasons during periods of overlap. This final-form rulemaking also amends § 141.47 to provide specific arms and ammunition listings for the archery elk season and the elk seasons established for the Special Conservation License and the Special License established under 34 Pa.C.S. § 2706.2.
3. Persons Affected
Persons wishing to hunt or take white-tailed deer, bear or elk within this Commonwealth may be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of one official comments regarding this final-form rulemaking. The one comment supported allowing archery hunters to be permitted to carry a muzzleloading firearm for muzzleloading bear season.
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 Jason L. DeCoskey, 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), known as the Commonwealth Documents Law, 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 § 141.43, 141.44 and 141.47 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 become effective upon final-form publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-454 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 C. BIG GAME § 141.43. Deer seasons.
(a) Archery deer season.
(1) Permitted devices. It is lawful to hunt deer during the archery deer season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(2) Prohibitions. While hunting deer during the archery deer season, it is unlawful to:
(i) Use or possess a firearm. Exceptions:
(A) A person may possess certain firearms during the archery deer season under the authorizations of section 2525 of the act (relating to possession of firearm for protection of self or others).
(B) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader deer seasons and the late archery and flintlock muzzleloading deer seasons if that person is in possession of both a valid archery deer license and a valid muzzleloader deer license and meets the greater protective material requirements for the muzzleloader deer season, if applicable.
(C) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the early archery deer season and muzzleloader bear season if that person is in possession of both a valid archery deer license and a valid bear license and meets the greater protective material requirements for the muzzleloader bear season, if applicable.
(ii) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
(b) Flintlock muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the flintlock muzzleloading deer season with a flintlock muzzleloading firearm. The firearm must be an original or similar reproduction of muzzleloading firearm manufactured prior to 1800. The firearm's ignition mechanism must consist of a hammer containing a naturally occurring stone that is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder. The firearm must have open or aperture sights and be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(2) Prohibitions. While hunting deer during the flintlock muzzleloading deer season, it is unlawful to:
(i) Use manmade materials attached to the hammer or frizzen to create sparks.
(ii) Use telescopic sights.
(iii) Use or possess multiple projectile ammunition or ammunition other than required under section 2322(a)(4) of the act (relating to prohibited devices and methods), except as authorized under section 2525 of the act.
(iv) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
(c) Muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the muzzleloading deer season with any of the following devices:
(i) A muzzleloading firearm. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(ii) A bow and arrow as permitted under subsection (a)(1)(i).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(2) Prohibitions. While hunting deer during the muzzleloading deer season, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required under section 2322(a)(4) of the act, except as authorized under section 2525 of the act.
(ii) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
* * * * * § 141.44. Bear seasons.
(a) Archery bear season.
(1) Permitted devices. It is lawful to hunt bear during the archery bear season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(2) Prohibitions. While hunting bear during the archery bear season, it is unlawful to:
(i) Use or possess a firearm. Exceptions:
(A) A person may possess certain firearms during the archery bear season under the authorizations of section 2525 of the act (relating to possession of firearm for protection of self or others).
(B) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the archery and muzzleloader bear seasons if that person is in possession of a valid bear license and meets the greater protective material requirements for the muzzleloader bear season, if applicable.
(C) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the archery bear season and muzzleloader deer season if that person is in possession of both a valid bear license and a valid muzzleloader deer license and meets the greater protective material requirements for the muzzleloader deer season, if applicable.
(ii) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
(b) Muzzleloading bear season.
(1) Permitted devices. It is lawful to hunt bear during the muzzleloading bear season with any of the following devices:
(i) A muzzleloading firearm. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(ii) A bow and arrow as permitted under subsection (a)(1)(i).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(2) Prohibitions. While hunting bear during the muzzleloading bear season, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required under section 2322(a)(4) of the act (relating to prohibited devices and methods), except as authorized under section 2525 of the act.
(ii) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
* * * * * § 141.47. Elk seasons.
(a) Archery elk season.
(1) Permitted devices. It is lawful to hunt elk during the archery elk season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 45 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 1 inch and may not exceed 3.25 inches in length.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 1 inch and may not exceed 3.25 inches in length.
(2) Prohibitions. While hunting elk during the archery elk season, it is unlawful to:
(i) Use or possess a firearm. Exceptions:
(A) A person may possess certain firearms during the archery elk season under the authorizations of section 2525 of the act (relating to possession of firearm for protection of self or others).
(B) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the archery elk season and muzzleloader deer season if that person is in possession of both a valid elk license and a valid muzzleloader deer license and meets the greater protective material requirements for the muzzleloader deer season, if applicable.
(C) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the archery elk season and muzzleloader bear season if that person is in possession of both a valid elk license and a valid bear license and meets the greater protective material requirements for the muzzleloader bear season, if applicable.
(ii) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act.
(iii) Fail to mark the kill site after lawful harvest in accordance with Commission instructions provided during the elk season orientation.
(iv) Drive or herd elk.
(v) Hunt within the Hick's Run no hunt zone, the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within 0.3 mile of Route 555.
(b) Regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License.
(1) Permitted devices. It is lawful to hunt elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License with any of the following devices:
(i) A manually operated, centerfire rifle or handgun. The firearm must be a .26 caliber or larger firearm that propels single-projectile ammunition 120 grains or larger.
(ii) A manually operated or semiautomatic, centerfire shotgun. The firearm must be a 12 gauge or larger firearm that propels single-projectile ammunition.
(iii) A muzzleloading firearm. The firearm must be .50 caliber or larger single-barrel firearm that propels single-projectile ammunition 210 grains or larger.
(iv) A bow and arrow as permitted under subsection (a)(1)(i).
(v) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(2) Prohibitions. While hunting elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than that required under section 2322(a)(4) of the act (relating to prohibited devices and methods), except as authorized under section 2525 of the act.
(ii) 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.
(iii) Fail to mark the kill site after lawful harvest in accordance with Commission instructions provided during the elk season orientation.
(iv) Drive or herd elk.
(v) Hunt within the Hick's Run no hunt zone, the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within 0.3 mile of Route 555.
[Pa.B. Doc. No. 20-595. Filed for public inspection May 1, 2020, 9:00 a.m.]
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