RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits
[50 Pa.B. 2258]
[Saturday, May 2, 2020]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 7, 2020, meeting amended § 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 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. 1373 (March 7, 2020).
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 2020-2021 license year. The 2020-2021 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.
For small game, earlier opening dates are adopted for youth and regular squirrel seasons to increase opportunity on this underutilized species at a time when most other hunting seasons are closed. Also, WMUs 4E and 5A are opened to either-sex pheasant hunting (except within Wild Pheasant Recovery Areas) to maximize hunting opportunity for stocked pheasants.
Fall turkey season is decreased by 4 days in WMUs 4D and 4E in response to declining turkey population trends in these units. The Commission also increases the Thanksgiving season from 2 days to 3 days, in a Wednesday through Friday format, within those WMUs where turkey populations can support this season.
For deer, a 14-day concurrent antlered and antlerless firearms season is adopted for WMUs 2B, 2C, 2D, 2E, 4A, 4B, 4D, 5A, 5C and 5D. All other remaining WMUs are returned to the split season format. Deer archery season is also extended by 5 additional days from November 16 through November 20 in most WMUs. As now authorized by statute, Sunday hunting for deer is adopted for one Sunday (November 15) during the Statewide archery season and one Sunday (November 29) during the Statewide firearms season.
Overall black bear seasons are adopted in similar fashion to those in 2019, but with two expansions. First, the 3-week Statewide archery season was 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 adopted 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. Extended bear firearms season is also amended to begin on the first Monday of deer firearms season rather than the Saturday opener to avoid the confusion created by a one-day closure on Sunday, which is open for deer hunting, but not bear hunting.
Expansions of bobcat hunting and trapping opportunity to WMU 2B, and of river otter trapping opportunity to WMUs 1A, 1B and 2F, are adopted considering 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 adopted 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 adopted 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 adopted under this authority.
2. Regulatory Requirements
This final-form 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 may be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 989 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:
Deer Seasons: Out of a total of 919 comments received concerning this subtopic: 84 supported and 259 opposed a Saturday opener for regular firearms deer season; 19 supported and 22 opposed hunting the Sunday following the Saturday opening of regular firearms deer season; 3 supported opening regular deer firearms season on the Saturday after Thanksgiving weekend; 7 supported and 1 opposed opening regular deer firearms season on Sunday after Thanksgiving; 38 supported hunting on the Sunday in the middle of the regular firearms deer season; 3 supported hunting the last Sunday of the regular firearms deer season; 29 supported and 133 opposed concurrent antlered/antlerless seasons; 4 supported the extending of the regular firearms deer season; 1 supported opening the regular firearms deer season earlier; 282 supported and 24 opposed extending archery season; 6 supported lengthening archery season; 2 opposed the length of deer archery season; 1 supported making muzzleloader and archery seasons concurrent; and 1 supported eliminating early muzzleloader and special firearms deer seasons.
Turkey Seasons: Out of a total of 11 comments received concerning this subtopic: 1 supported the WMU 2G proposal; 2 supported reducing season length in WMU 4C; 2 supported reducing season length in WMU 4D; 1 opposed reducing season length in WMU 4E; 1 supported eliminating the Thanksgiving season and replacing it with five days before bear season; 1 supported the turkey seasons as proposed; 1 supported extending the spring season; and 2 opposed opening the Wednesday before Thanksgiving.
Bear Seasons: Out of a total of 26 comments were received concerning this subtopic: 10 supported the new bear muzzleloader season; 1 supported extending the bear muzzleloader season; 6 supported the muzzleloader bear season; 1 supported and 1 opposed the extended bear season being concurrent with regular firearms deer season; 2 supported bear archery season; 2 supported opening bear season during archery deer season and regular firearms deer season; 1 opposed the number of bear seasons; 1 supported the creation of a spring bear season; and 1 supported the three-day bear season be moved to October.
Small Game Seasons: A total of 21 comments were received concerning this subtopic: 10 supported starting squirrel season earlier; 1 supported running from fall opener to February close unbroken; 1 supported closing hare season; 1 supported small game season as proposed; 3 supported opening pheasant season earlier, 1 supported opening grouse season on the first Saturday in November; 3 supported the post-Christmas season; and 1 supported closing grouse season completely.
Furbearer Seasons: A total of 12 comments were received concerning this subtopic: 1 supported otter season on WMU 2F; 1 supported creating a mink hunting season; 1 supported extending fisher trapping season; 2 supported creating a fisher hunting season; 1 supported extending raccoon season; 1 supported opening bobcat season on the Saturday following Martin Luther King; 1 supported closing bobcat season with the last day of fox/coon season; 2 supported opening bobcat season in WMU 2D; 1 supported opening bobcat season in WMU 1A; and 1 supported opening bobcat season after flintlock deer 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 July 1, 2020, to June 30, 2021.
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 required; 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 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, 2020, to June 30, 2021.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-446 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.
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
LimitField
Possession
Limit After
Second DaySquirrel—(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 Unlimited regular firearms deer season(s).
TURKEY
Species First Day Last Day Daily
LimitSeason
LimitTurkey, Fall—Male or Female1 1 1 WMU 2B Oct. 31 Nov. 20 (Shotgun, Bow & Arrow only) and Nov. 25 Nov. 27 WMU 1B Oct. 31 Nov. 7 WMUs 1A, 2A, 4A, 4B, 4D and 4E Oct. 31 Nov. 14 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, Spring 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
LimitField
Possession
Limit After
Second DayCrow3 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
LimitField
Possession
Limit After
Second DaySquirrel—(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
LimitDeer, Archery (Antlered & Antlerless)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 and antlerless license. Nov. 16 Nov. 27 and Dec. 26 Jan. 23, 2021 Deer, Archery (Antlered & Antlerless)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, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B Sun.3, Nov. 15 Sun.3, Nov. 15 with each required
antlerless license.and Nov. 16 Nov. 20 and 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 & Antlerless)4,5 and and an antlerless deer Sun.3, Nov. 29 Sun.3, Nov. 29 with each required WMUs 2B, 2C, 2D, 2E, 4A, 4B, 4D, 5A, 5C and 5D and antlerless license. Nov. 30 Dec. 12 Deer, Regular firearms Nov. 28 Nov. 28 One antlered deer. (Antlered only)4,5 and Sun.3, Nov. 29 Sun.3, Nov. 29 WMUs 1A, 1B, 2A, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4C, 4E and 5B and Nov. 30 Dec. 4 Deer, Regular firearms Dec. 5 Dec. 12 One antlered deer (Antlered & Antlerless)1,4 and an antlerless deer with each required WMUs 1A, 1B, 2A, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4C, 4E and 5B antlerless license. Deer, Flintlock (Antlered or Antlerless)1,4 Dec. 26 Jan. 18, 2021 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)1,4 Dec. 26 Jan. 23, 2021 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)1 Dec. 26 Jan. 23, 2021 An antlerless deer Allegheny, Bucks, Chester, Delaware, with each required Montgomery and Philadelphia Counties antlerless license. Deer, Antlerless1 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, 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 Firearms5,7 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. 30 Dec. 12 1 WMUs 2B, 5B, 5C and 5D Bear, Extended firearms1,7 Nov. 30 Dec. 5 1 WMUs 1B, 2C, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A
ELK
Species First Day Last Day Season
LimitElk, Special Conservation Tag1,8 Sept. 1 Nov. 7 1 and Special-License Tag1,8
(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
LimitSeason
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
LimitSeason 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. 20-593. Filed for public inspection May 1, 2020, 9:00 a.m.]
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