PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; General
[52 Pa.B. 3103]
[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 § 141.4 and Appendix G (relating to hunting hours) to replace the current hunting hours and migratory bird hunting hours tables to accurately reflect the dates and hours of legal hunting for the 2022-2023 hunting/trapping license year and also to delete the closure of open hunting hours for all other wild birds and wild mammals during the overlap with the regular firearms deer 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 is proposing to amend § 141.4 and Appendix G to replace the current hunting hours and migratory bird hunting hours tables to accurately reflect the dates and hours of legal hunting for the 2022-2023 hunting/trapping license year. As an additional matter for consideration, members of the falconry hunting community have recently approached the Commission to request an expansion of various falconry hunting seasons to include the 2-week period comprising the regular firearms deer season. As a general rule, § 141.4 establishes legal hunting hours within this Commonwealth from 1/2 hour before sunrise to 1/2 hour after sunset. However, this section also provides four exceptions to this general rule, including a closure under paragraph (1) of open hunting hours for all other wild birds and wild mammals during the overlap with the regular firearms deer seasons. Six exceptions to this hour closure for this overlap period are listed for hunting game birds on regulated hunting grounds, migratory waterfowl, coyotes, feral swine, wild boar and bear. The Commission has reviewed the expansion request submitted by the falconry hunting community and determined that it will not significantly impact other hunting activities occurring during the regular firearms deer seasons. The Commission is therefore proposing to amend § 141.4 to delete the closure of open hunting hours for all other wild birds and wild mammals during the overlap with the regular firearms deer seasons.
It is important to highlight that the deletion of this text will not only remove the impediment to falconry hunting during the overlap with the regular firearms deer seasons, but will also simplify and streamline this section as a whole. Furthermore, removing the text associated with the closure to open hunting hours for all other wild birds and wild mammals during the overlap with the regular firearms deer seasons also eliminates the need to redundantly identify and list the six exceptions (seven if falconry were added) to the hour closure for the overlap period. The Commission has determined current season and bag limit regulations found in § 139.4 (relating to seasons and bag limits for the license year) sufficiently control the allowance of the hunting of these species during the period of overlap with the regular firearms deer seasons thus eliminating the need for further reauthorization in § 141.4. It is also important to highlight that the hours expansion for falconers during the overlap with the regular firearms deer seasons will not substantively have its intended effect until the Commission expands the falconry hunting seasons during this overlap period in § 139.4. The remainder of the proposed changes to § 141.4 are nonsubstantive housekeeping edits to improve the organization and clarity of the text.
Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.4 and Appendix G are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.4 and Appendix G to replace the current hunting hours and migratory bird hunting hours tables to accurately reflect the dates and hours of legal hunting for the 2022-2023 hunting/trapping license year and also to delete the closure of open hunting hours for all other wild birds and wild mammals during the overlap with the regular firearms deer seasons.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2022-2023 hunting/furtaking license year 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 July 1, 2022, to June 30, 2023.
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: 48-480. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
Except as otherwise provided in this section, wild birds and mammals may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.
(1) [During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals except game birds on regulated hunting grounds, migratory waterfowl, coyotes, feral swine, wild boar and bear. Coyotes may be hunted from the first day to the last day inclusive of any big game season only bypersons who possess a valid furtaker's license, or by persons lawfully engaged in hunting big game who have a valid tag. Feral swine and wild boar may be taken from the first day to the last day inclusive of any big game season only by persons lawfully engaged in hunting big game who have a valid tag.] (Reserved).
(2) Furbearer seasons. Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be hunted any hour, day or night[, except during restricted periods in paragraph (1)].
(3) Spring turkey season. Turkey may be hunted 1/2 hour before sunrise to 12 noon from the opening day of the spring gobbler season through the third Saturday and for the remainder of the season from 1/2 hour before sunrise to 1/2 hour after sunset.
(4) Migratory bird seasons. Migratory birds may only be hunted 1/2 hour before sunrise until sunset, except during the snow goose conservation season and the September resident goose season, when geese may be hunted 1/2 hour before sunrise until 1/2 hour after sunset.
Appendix G. HUNTING HOURS (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the tables which appear in Appendix G, 58 Pa. Code pages 141-37—141-41, serial pages (404733)—(404737), with the following tables printed in regular type to enhance readability.)
HUNTING HOURS TABLE
FOR JULY 1, 2022, THROUGH JUNE 30, 2023
Dates Begin
A.M.End
P.M.July 1—July 2 5:06 9:03 July 3—9 5:10 9:01 July 10—16 5:15 8:58 July 17—23 5:21 8:53 July 24—30 5:27 8:46 July 31—Aug. 6 5:34 8:39 Aug. 7—13 5:40 8:30 Aug. 14—20 5:47 8:20 Aug. 21—27 5:54 8:10 Aug. 28—Sept. 3 6:00 7:59 Sept. 4—10 6:07 7:47 Sept. 11—17 6:14 7:36 Sept. 18—24 6:20 7:24 Sept. 25—Oct. 1 6:27 7:13 Oct. 2—8 6:34 7:02 Oct. 9—15 6:41 6:51 Oct. 16—22 6:49 6:41 Oct. 23—29 6:56 6:32 Oct. 30—Nov. 5 7:04 6:24 Nov. 6—12 **Ends 6:12 5:17 Nov. 13—19 6:20 5:11 Nov. 20—26 6:28 5:08 Nov. 27—Dec. 3 6:35 5:06 Dec. 4—10 6:41 5:05 Dec. 11—17 6:46 5:06 Dec. 18—24 6:50 5:07 Dec. 25—31 6:52 5:11 Jan. 1—7 6:52 5:16 Jan. 8—14 6:52 5:22 Jan. 15—21 6:51 5:30 Jan. 22—28 6:47 5:38 Jan. 29—Feb. 4 6:42 5:46 Feb. 5—11 6:35 5:54 Feb. 12—18 6:27 6:03 Feb. 19—25 6:18 6:11 Feb. 26—March 4 6:09 6:19 March 5—11 5:58 6:27 March 12—18 *Begins 6:47 7:34 March 19—25 6:36 7:41 March 26—Apr. 1 6:25 7:49 April 2—8 6:13 7:56 April 9—15 6:02 8:03 April 16—22 5:52 8:10 April 23—29 5:42 8:23 April 30—May 6 5:32 8:24 May 7—13 5:24 8:31 May 14—20 5:17 8:38 May 21—27 5:11 8:44 May 28—June 3 5:06 8:50 June 4—10 5:03 8:55 June 11—17 5:01 8:59 June 18—24 5:03 9:02 June 25—June 30 5:06 9:03 Daylight Saving Time:
*Begins
**Ends
MIGRATORY GAME BIRD
HUNTING HOURS TABLE
FOR JULY 1, 2022, THROUGH JUNE 30, 2023
Dates Begin
A.M.End
P.M.July 1—July 2 5:06 8:33 July 3—9 5:10 8:31 July 10—16 5:15 8:28 July 17—23 5:21 8:23 July 24—30 5:27 8:16 July 31—Aug. 6 5:34 8:09 Aug. 7—13 5:40 8:00 Aug. 14—20 5:47 7:50 Aug. 21—27 5:54 7:40 Aug. 28—Sept. 3 6:00 7:29 Sept. 4—10 6:07 7:17 Sept. 11—17 6:14 7:06 Sept. 18—24 6:20 6:54 Sept. 25—Oct. 1 6:27 6:43 Oct. 2—8 6:34 6:32 Oct. 9—15 6:41 6:21 Oct. 16—22 6:49 6:11 Oct. 23—29 6:56 6:02 Oct. 30—Nov. 5 7:04 5:54 Nov. 6—12 **Ends 6:12 4:47 Nov. 13—19 6:20 4:38 Nov. 20—26 6:28 4:36 Nov. 27—Dec. 3 6:35 4:35 Dec. 4—10 6:41 4:36 Dec. 11—17 6:46 4:37 Dec. 18—24 6:50 4:37 Dec. 25—31 6:52 4:41 Jan. 1—7 6:52 4:46 Jan. 8—14 6:52 4:52 Jan. 15—21 6:51 5:00 Jan. 22—28 6:47 5:08 Jan. 29—Feb. 4 6:42 5:16 Feb. 5—11 6:35 5:24 Feb. 12—18 6:27 5:33 Feb. 19—25 6:18 5:41 Feb. 26—March 4 6:09 5:49 March 5—11 5:58 5:57 March 12—18 *Begins 6:47 7:04 March 19—25 6:36 7:11 March 26—Apr. 1 6:25 7:19 April 2—8 6:13 7:26 April 9—15 6:02 7:33 April 16—22 5:52 7:40 April 23—29 5:42 7:53 April 30—May 6 5:32 7:54 May 7—13 5:24 8:01 May 14—20 5:17 8:08 May 21—27 5:11 8:14 May 28—June 3 5:06 8:20 June 4—10 5:03 8:25 June 11—17 5:01 8:29 June 18—24 5:03 8:32 June 25—June 30 5:06 8:33 Daylight Saving Time:
*Begins
**Ends
[Pa.B. Doc. No. 22-777. Filed for public inspection May 27, 2022, 9:00 a.m.]
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