RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CHS. 131 AND 141 ]
Preliminary Provisions; Hunting and Trapping; General
[51 Pa.B. 5603]
[Saturday, September 4, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 24, 2021, meeting amends §§ 131.2 and 141.1 (relating to definitions; and special regulations areas) to define and authorize the use firearms that utilize straight-walled cartridges within most areas designated as special regulations areas and also reorganize § 141.1 to provide a clearer and more seamless construction within the section itself and with related arms and ammunition provisions.
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 51 Pa.B. 2949 (May 22, 2021).
1. Purpose and Authority
Section 141.1 provided a general restriction prohibiting the use of single-projectile firearms and possession of single-projectile ammunition while hunting game or wildlife within areas designated as special regulations areas. The section thereafter provided a multitude of exceptions for various firearms and their associated ammunition. These firearm and ammunition restrictions are intended to address safety related concerns in the predominantly urban and developed areas of this Commonwealth comprising the special regulation areas. This general firearm restriction served as an effective ban on the use of firearms that utilize straight-walled cartridges. The Commission has determined that these firearms afford no greater risk of safety in the special regulation areas than currently exempted shotguns and muzzleloading firearms. The Commission has also determined that a reorganization of § 141.1 was necessary to address its unwieldly and confusing structure. The Commission amends §§ 131.2 and 141.1 to define and authorize the use firearms that utilize straight-walled cartridges within most areas designated as special regulations areas and also reorganize § 141.1 to provide a clearer and more seamless construction within the section itself and with related arms and ammunition provisions.
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 §§ 131.2 and 141.1 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 131.2 and 141.1 to define and authorize the use firearms that utilize straight-walled cartridges within most areas designated as special regulations areas and also reorganize § 141.1 to provide a clearer and more seamless construction within the section itself and with related arms and ammunition provisions.
3. Persons Affected
Persons wishing to hunt wildlife within the special regulations areas will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
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 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 131 and 141, are amended by amending §§ 131.2 and 141.1 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 48-471 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Beekeeper's agent—A person who accepts the responsibility of bees, hives and related equipment in the absence of the owner, and who is willing and able to reset disrupted hives, maintain fencing where present and report damage done by bears to the nearest available Commission officer as soon as practical, but, in any event, within 10 days of the damage. The agent shall be domiciled within 300 yards of the beehives.
Bottle-necked cartridge—A cartridge having a main diameter and a distinct angular shoulder stepping down to a smaller diameter at the neck position of the case. This term does not include straight-walled cartridges.
Bow—In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. The bowstring shall be drawn, held and released as a direct and conscious action of the shooter. Release shall be accomplished by either relaxing the tension of the fingers or triggering the release action of a manually held release aid.
* * * * * Special firearms deer season—Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.
Straight-walled cartridge—A cartridge having straight or slightly tapered walls down to the projectile. This term does not include bottle-necked cartridges.
Sustained yield—As used in section 546(b)(2) of the act (relating to limitation on expenditures for deterrent fencing), continuous and planned forest production through accepted forestry management practices.
Venison—For the purpose of section 2312 of the act (relating to buying and selling game), any meat derived from a white-tailed deer.
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
(a) Name. The areas shall be known and referred to as special regulations areas.
(b) Descriptions.
(1) Southwest area. Includes the County of Allegheny.
(2) Southeast area. Includes the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.
(c) Prohibitions.
(1) Restricted devices. Notwithstanding the authorizations of §§ 141.22, 141.43—141.45, 141.47 and 141.67, it is unlawful to:
(A) Hunt, take, kill or to attempt, aid, abet, assist or conspire to hunt, take or kill any game or wildlife through the use of a firearm that discharges bottle-necked centerfire cartridges or to possess bottle-necked centerfire cartridges or any firearm that is designed to discharge bottle-necked centerfire cartridges while hunting any game or wildlife within any special regulations area.
(B) Hunt, take, kill or to attempt, aid, abet, assist or conspire to hunt, take or kill any game or wildlife through the use of a centerfire or muzzleloading firearm or to possess centerfire cartridges or muzzleloading ammunition or any firearm that is designed to discharge centerfire cartridges or muzzleloading ammunition while hunting any game or wildlife within the following parts of the southeast special regulations area: Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County.
(2) (Reserved).
(3) Restricted feeding. It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities, or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in the southeast special regulations area for the purpose of feeding white-tailed deer, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause white-tailed deer to congregate or habituate an area. If otherwise lawful feeding is attracting white-tailed deer, the Commission may provide written notice prohibiting this activity.
(d) Permitted acts. It is lawful to:
(1) (Reserved).
(2) (Reserved).
(3) (Reserved).
(i) (Reserved).
(ii) (Reserved).
(4) (Reserved).
(i) (Reserved).
(ii) (Reserved).
(5) (Reserved).
(6) Hunt or take deer during any deer season through the use of or by taking advantage of bait on private property currently operating under a valid deer control permit where approval for limited baiting activities has previously been obtained under § 147.552 (relating to application). This limited authorization is valid only to the extent that persons comply with the standards and conditions in § 147.556 (relating to lawful devices and methods).
(7) Hunt or take deer in the southeast special regulations area during regular open hunting seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only as set forth in this paragraph.
* * * * *
[Pa.B. Doc. No. 21-1459. Filed for public inspection September 3, 2021, 9:00 a.m.]
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