PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Big Game
[51 Pa.B. 1338]
[Saturday, March 13, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 23, 2021, meeting to amend § 141.45 (relating to turkey) to eliminate the use of rifles during the fall turkey season.
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 23, 2021, meeting of the Commission. Comments can be sent until April 7, 2021, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Manually operated rifles, including both centerfire and rimfire, are listed as permitted devices for use by hunters during the fall turkey seasons in all Wildlife Management Units (WMU) with an open fall turkey season excluding those portions found within the Special Regulations Areas designated in § 141.1 (relating to special regulations areas). Notwithstanding their permitted use, the Commission has observed that very few hunters hunt during the fall turkey season with a rifle. The 2020 general turkey hunter survey showed 14% of respondents primarily used rifles to hunt fall turkey, whereas 33% of the Statewide harvest was with a rifle, but this varied by WMU (19% in 1A to 52% in 3A). Most fall turkey hunters (70%) primarily used shotguns (53% of harvest), 9% used crossbows (10% of harvest), 8% used vertical bows (4% of harvest) and a few used muzzleloaders or handguns (<1% of harvest). Were it assumed that all rifle hunters in 2020 used a shotgun and had the same efficiency as other shotgun hunters, fall harvest could decrease Statewide by approximately 20%, but that figure would vary by WMU.
The Commission's turkey management plan provides guidance to adjust fall season lengths by 1 week at a time to manage turkey population trends. For example, when populations are declining, the plan calls for fall season length to be reduced by 1 week. The Commission has observed evidence of declining turkey populations in 15 of 23 WMUs and has therefore proposed season length reductions in those areas. However, the Commission is also investigating alternative methods of stabilizing fall turkey harvest numbers without focusing solely on further reductions in hunting opportunity as measured by season length. The Commission has determined that the elimination of rifles during fall turkey season may aid in this goal. Based on the results from the 2020 Turkey Hunter Survey, the Commission observed that the elimination of rifles during the fall turkey season could reduce fall harvest by as much as 20%. Depending on the actual impact of removing rifles from fall turkey seasons, the Commission anticipates that recent fall turkey season length reductions could eventually be reversed and more hunting opportunities added. The Commission is proposing to amend § 141.45 to eliminate the use of rifles during the fall turkey season.
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 § 141.45 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.45 to eliminate the use of rifles during the fall turkey season.
3. Persons Affected
Persons wishing to hunt turkeys with a rifle during the fall turkey season 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
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
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 DirectorFiscal Note: 48-467. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.45. Turkey seasons.
(a) Fall turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices:
(i) [A manually operated rifle or handgun that propels single-projectile ammunition.] (Reserved).
(ii) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun that propels single-projectile ammunition or multiple projectile shotgun ammunition no larger than # 4 lead, # 2 steel, or # 4 of any other composition or alloy of nontoxic shot approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to approval of nontoxic shot types and shot coatings). A centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(iii) A muzzleloading rifle or handgun that propels single-projectile ammunition.
(iv) 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.
(v) 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 diamet- er or width of at least 7/8 inch and may not exceed 3.25 inches in length.
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[Pa.B. Doc. No. 21-371. Filed for public inspection March 12, 2021, 9:00 a.m.]
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