RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; General

[52 Pa.B. 5466]
[Saturday, August 27, 2022]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 9, 2022, meeting amends § 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 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 52 Pa.B. 3103 (May 28, 2022).

1. Purpose and Authority

 The Commission amends § 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 therefore also amends § 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 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 adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 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 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 July 1, 2022, to June 30, 2023.

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), referred to 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 Chapter 141, are amended by amending § 141.4 and Appendix G 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 be effective July 1, 2022, to June 30, 2023.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-480 remains valid for the final adoption of the subject regulations.

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) [Reserved].

 (2) Furbearer seasons. Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be hunted any hour, day or night.

 (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 final-form rulemaking, the Commission replaces the tables which appear in Appendix G, 58 Pa. Code pages 141-37—141-41, serial pages (404733)—(404737), with the following tables.)

HUNTING HOURS TABLE FOR JULY 1, 2022, THROUGH JUNE 30, 2023
Dates	Begin A.M.	End P.M.	Dates	Begin A.M.	End P.M.
July 1—July 2	5:06	9:03	Jan. 1—7	6:52	5:16
July 3—9	5:10	9:01	Jan. 8—14	6:52	5:22
July 10—16	5:15	8:58	Jan. 15—21	6:51	5:30
July 17—23	5:21	8:53	Jan. 22—28	6:47	5:38
July 24—30	5:27	8:46	Jan. 29—Feb. 4	6:42	5:46
July 31—Aug. 6	5:34	8:39	Feb. 5—11	6:35	5:54
Aug. 7—13	5:40	8:30	Feb. 12—18	6:27	6:03
Aug. 14—20	5:47	8:20	Feb. 19—25	6:18	6:11
Aug. 21—27	5:54	8:10	Feb. 26—March 4	6:09	6:19
Aug. 28—Sept. 3	6:00	7:59	March 5—11	5:58	6:27
Sept. 4—10	6:07	7:47	March 12—18 *Begins	6:47	7:34
Sept. 11—17	6:14	7:36	March 19—25	6:36	7:41
Sept. 18—24	6:20	7:24	March 26—Apr. 1	6:25	7:49
Sept. 25—Oct. 1	6:27	7:13	April 2—8	6:13	7:56
Oct. 2—8	6:34	7:02	April 9—15	6:02	8:03
Oct. 9—15	6:41	6:51	April 16—22	5:52	8:10
Oct. 16—22	6:49	6:41	April 23—29	5:42	8:23
Oct. 23—29	6:56	6:32	April 30—May 6	5:32	8:24
Oct. 30—Nov. 5	7:04	6:24	May 7—13	5:24	8:31
Nov. 6—12 **Ends	6:12	5:17	May 14—20	5:17	8:38
Nov. 13—19	6:20	5:11	May 21—27	5:11	8:44
Nov. 20—26	6:28	5:08	May 28—June 3	5:06	8:50
Nov. 27—Dec. 3	6:35	5:06	June 4—10	5:03	8:55
Dec. 4—10	6:41	5:05	June 11—17	5:01	8:59
Dec. 11—17	6:46	5:06	June 18—24	5:03	9:02
Dec. 18—24	6:50	5:07	June 25—June 30	5:06	9:03
Dec. 25—31	6:52	5:11	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.	Dates	Begin A.M.	End P.M.
July 1—July 2	5:06	8:33	Jan. 1—7	6:52	4:46
July 3—9	5:10	8:31	Jan. 8—14	6:52	4:52
July 10—16	5:15	8:28	Jan. 15—21	6:51	5:00
July 17—23	5:21	8:23	Jan. 22—28	6:47	5:08
July 24—30	5:27	8:16	Jan. 29—Feb. 4	6:42	5:16
July 31—Aug. 6	5:34	8:09	Feb. 5—11	6:35	5:24
Aug. 7—13	5:40	8:00	Feb. 12—18	6:27	5:33
Aug. 14—20	5:47	7:50	Feb. 19—25	6:18	5:41
Aug. 21—27	5:54	7:40	Feb. 26—March 4	6:09	5:49
Aug. 28—Sept. 3	6:00	7:29	March 5—11	5:58	5:57
Sept. 4—10	6:07	7:17	March 12—18 *Begins	6:47	7:04
Sept. 11—17	6:14	7:06	March 19—25	6:36	7:11
Sept. 18—24	6:20	6:54	March 26—Apr. 1	6:25	7:19
Sept. 25—Oct. 1	6:27	6:43	April 2—8	6:13	7:26
Oct. 2—8	6:34	6:32	April 9—15	6:02	7:33
Oct. 9—15	6:41	6:21	April 16—22	5:52	7:40
Oct. 16—22	6:49	6:11	April 23—29	5:42	7:53
Oct. 23—29	6:56	6:02	April 30—May 6	5:32	7:54
Oct. 30—Nov. 5	7:04	5:54	May 7—13	5:24	8:01
Nov. 6—12 **Ends	6:12	4:47	May 14—20	5:17	8:08
Nov. 13—19	6:20	4:38	May 21—27	5:11	8:14
Nov. 20—26	6:28	4:36	May 28—June 3	5:06	8:20
Nov. 27—Dec. 3	6:35	4:35	June 4—10	5:03	8:25
Dec. 4—10	6:41	4:36	June 11—17	5:01	8:29
Dec. 11—17	6:46	4:37	June 18—24	5:03	8:32
Dec. 18—24	6:50	4:37	June 25—June 30	5:06	8:33
Dec. 25—31	6:52	4:41	Daylight Saving Time: Begins* Ends**

[Pa.B. Doc. No. 22-1285. Filed for public inspection August 26, 2022, 9:00 a.m.]

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