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PA Bulletin, Doc. No. 21-847

PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Furbearers

[51 Pa.B. 2951]
[Saturday, May 22, 2021]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 10, 2021, meeting to amend § 141.62 (relating to beaver and otter trapping) to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.

 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 April 10, 2021, meeting of the Commission. Comments can be sent until July 21, 2021, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Beaver and otter trappers are currently limited to using no more than five traps or snares, and no more than two devices may be body-gripping traps, in any Wildlife Management Unit (WMU) during an open otter trapping season. This regulation was originally developed to minimize the chance of a trapper exceeding the season bag limit of one otter in a day. The limitation on the number of beaver traps extends for 5 additional consecutive days after the close of the otter season. The 5-day extension was put in place to allow for an otter trapping season extension if warranted. No otter trapping seasons have been extended since the first season was established during 2015. Longer trapping seasons, rather than year-specific season extensions, will be proposed by the Commission in areas where more otters can be trapped sustainably. The Commission is proposing to amend § 141.62 to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.

 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 § 141.62 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 141.62 to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.

3. Persons Affected

 Persons wishing to trap beavers during the 5-day period after the closure of otter tapping seasons 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 Director

 Fiscal Note: 48-470. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS

§ 141.62. Beaver and otter trapping.

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 (b) Unlawful acts. It is unlawful to:

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 (4) Set, tend or operate any number of traps or snares for beaver trapping in excess of the limits established by this paragraph.

 (i) Beaver trappers are generally limited to a combined Statewide total of 20 traps or snares, no more than 10 of which may be traps. No more than 2 of the 10 traps may be body-gripping traps, except:

 (A) In Wildlife Management Units where beaver bag limits are 40 per season, all 10 traps may be body-gripping traps.

 (B) In Wildlife Management Units where beaver bag limits are 60 per season, all 20 traps or snares may be body-gripping traps.

 (ii) Beaver trappers are limited to using no more than five traps or snares, no more than two of which may be body-gripping traps, in any Wildlife Management Unit with an open otter trapping season. This limitation is inclusive of any otter traps or snares set under paragraph (7). This limitation is applicable during periods when the open beaver trapping season overlaps by calendar date with the open otter trapping season [and shall extend for 5 additional consecutive days after the close of the otter season].

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[Pa.B. Doc. No. 21-847. Filed for public inspection May 21, 2021, 9:00 a.m.]


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