PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Big Game
[52 Pa.B. 3101]
[Saturday, May 28, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2022, meeting to amend § 141.45 (relating to turkey seasons) to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey 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 9, 2022, meeting of the Commission. Comments can be sent until July 6, 2022, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission's final-form rulemaking, published at 51 Pa.B. 2940 (May 22, 2021), to remove rifles as lawful implements during fall turkey seasons became effective. Despite this change shotguns and muzzleloaders that propel single-projectile ammunition currently remain listed as permitted devices for use by hunters during fall turkey seasons in all Wildlife Management Units (WMU) with an open fall turkey season excluding those portions found within areas designated as special regulations areas (WMUs 2B, 5B, 5C and 5D). The Commission has observed that very few hunters hunt during the fall turkey seasons with a shotgun or muzzleloader using single projectile ammunition. After the changes were made to this section in 2021, the Commission remains focused on identifying 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 shotguns and muzzleloaders that propel single-projectile ammunition during fall turkey seasons may aid in this goal. The Commission is proposing to amend § 141.45 to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey 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 § 141.45 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.45 to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey seasons.
3. Persons Affected
Persons interested in hunting turkey within this Commonwealth during the fall turkey 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 DirectorFiscal Note: 48-479. 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) (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.] (Reserved).
(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 diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(2) Prohibitions. While hunting turkey during the fall turkey season, it is unlawful to:
(i) [Use or possess a firearm using single projectile ammunition in Wildlife Management Units 2B, 5B, 5C and 5D, except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).] (Reserved).
(ii) Use drives or any method other than hand or mouth calling.
(iii) Use or possess an electronic caller or a live turkey as a decoy.
(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 (relating to possession of firearm for protection of self or others).
(b) Spring turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the spring turkey season with any of the following devices:
(i) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot 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 Unites States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134. A centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(ii) A bow and arrow as permitted under subsection [(a)(1)(iii)] (a)(1)(iv).
(iii) A crossbow and bolt as permitted under subsection [(a)(1)(iv)] (a)(1)(v).
* * * * *
[Pa.B. Doc. No. 22-776. Filed for public inspection May 27, 2022, 9:00 a.m.]
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