PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 135]
Lands and Buildings; Special Wildlife Management Areas
[53 Pa.B. 1932]
[Saturday, April 8, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2023, meeting to amend §§ 135.101—135.107 (relating to special wildlife management areas) to simplify, reorganize and modernize these special wildlife management area regulations.
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 January 28, 2023, meeting of the Commission. Comments can be sent until April 12, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission's Middle Creek Wild Management Area and Pymatuning Wildlife Management Area are prime destinations for wildlife and people who care about wildlife and wild places. The Commission built these special wildlife management areas at a time when Canada geese were in less than desirable numbers within this Commonwealth, particularly in the east. But over time, the Middle Creek Wildlife Management Area and Pymatuning Wildlife Management Area have become so much more for myriad wildlife species and countless residents in this Commonwealth and tourists. The Commission has determined that the regulations governing the use and access to these special wildlife management areas are needlessly complex, redundant, outdated and simply inconsistent with current available technologies, particularly as it relates to management of the controlled hunts. The Commission is proposing to amend §§ 135.101—135.107 to simplify, reorganize and modernize these special wildlife management area regulations.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the commission shall promulgate regulations consistent with the purpose of this title for its use and protection as necessary to properly manage these lands or waters.'' The amendments to §§ 135.101—135.107 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 135.101—135.107 to simplify, reorganize and modernize these special wildlife management area regulations.
3. Persons Affected
Persons wishing to use and access any area designated as a special wildlife management area within this Commonwealth 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: 48-499. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS § 135.101. [Scope] Designation of special wildlife management areas.
(a) [The Commission may create special wildlife management areas on lands, waters and buildings under its ownership, lease or jurisdiction. Specific parts of these areas may be referred to as controlled goose hunting areas, controlled duck hunting areas, propagation areas, public hunting areas, public recreation areas or a designation consistent with the use of lands, waters or buildings] Authority to designate special wildlife management areas. The Commission may designate any lands and waters it owns, leases or otherwise controls as a special wildlife management area. The Commission will mark any area designated as a special wildlife management area with conspicuous signage designating its boundaries.
(b) [In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and 50 CFR Part 20 (relating to migratory bird hunting), this subchapter pertains to areas designated as special wildlife management areas] Authority to designate areas within special wildlife management areas. The Commission may designate any lands or waters within an established special wildlife management area as a public recreation area propagation area, open public hunting or trapping area, controlled hunting or trapping area, or any other designation consistent with the intended use of the lands and waters. The Commission will mark any internally designated area within a special wildlife management area with conspicuous signage designating its boundaries and stating the intended purpose of the area.
(c) [Boundaries shall be conspicuously posted with signs designating the purpose of an area.] Designated special wildlife management areas. The following areas of this Commonwealth are designated as a special wildlife management area:
(1) Middle Creek Wildlife Management Area. The area otherwise known as State Game Land No. 46, that is located in Clay, Elizabeth and West Cocalico Townships, Lancaster County and Heidelberg Township, Lebanon County.
(2) Pymatuning Wildlife Management Area. The area otherwise known as State Game Land No. 214, that is located in North Shenango, Pine, Sadsbury and West Fallowfield Townships, Crawford County.
(d) [The Director has the authority to open special wildlife management areas, or parts thereof to hunting or trapping for the purpose of population control when it is determined that uncontrolled numbers of certain species have become detrimental to the area.
(1) When a certain area is declared open to hunting or trapping by the Director, the number of hunters/trappers may be limited by a permit or drawing.
(2) The Director may declare the area open to unlimited hunters or trappers and no permit or drawing will be required at which time §§ 135.102(a)(1) and (3), (b)(1) and (2) and (d), 135.104(l), 135.106(a)(1), (c)(1) and (d)(1) and 135.107(a)(1) and (b)(1) do not apply] Scope. In addition to the requirements and limitations of §§ 135.2, 135.41 and 135.161 (relating to unlawful actions; State game lands; and Commission-owned or leased), the provisions of this subchapter shall govern public use and access to any area designated as a special wildlife management area.
§ 135.102. [Controlled goose and controlled duck hunting areas] Designation of areas within an established special wildlife management area.
(a) [Hunting.
(1) General. Hunting is by permit only. Permits will be issued on hunting days at a designated registration center. Decoys and dogs are permitted. Dogs shall be kept under control.
(2) Check-out restriction. A hunting permit holder shall check out at the registration center immediately upon vacating the blind and surrender, in person, the permit. A hunter shall submit birds or mammals taken for examination at the registration center. The deadline for check-out shall be 1 hour following the expiration time, as indicated on the permit.
(3) Unlawful acts. It shall be unlawful to:
(i) Allow dogs to run unaccompanied or without direction and control.
(ii) Possess firearms except in connection with a hunting permit] Public recreation areas. An area designated by the Director as a public recreation area within an established special wildlife management area is open to public access for recreation purposes. Hunting and trapping opportunities are closed within any area designated as a public recreation area. The Director may also impose further travel or use restrictions within a public recreation area with appropriate signage or postings.
(b) [Trapping.
(1) General. Trapping permits will be issued on a first-come, first-served basis or by drawing until the quota, established by the Director or a designee, has been filled.
(2) Surrendering permit. A trapping permit holder shall surrender the permit at the registration center, either in person or by mail, within 4 days of the expiration date, indicated on the permit, along with a written report of animals taken on a form supplied with the permit. A person failing to surrender a permit, or file a report, may be denied trapping privileges on the area for 3 years] Propagation areas. An area designated by the Director as a propagation area within an established special wildlife management area is generally closed to public access. Entry into and hunting and trapping within a propagation area is controlled by an access permit authorization under §§ 135.103 and 135.161 (relating to controlled hunting and trapping area access permit procedures; and Commission-owned or leased).
(c) [Harvest control. Hunting and trapping for any species may be stopped by the Director or a designee when, in his opinion, an adequate harvest of that species has occurred on the area] Open public hunting and trapping areas. An area designated by the Director as an open hunting and trapping area within an established special wildlife management area is open to public access for general hunting and trapping activities. The Director may impose further travel or use restrictions within an open hunting and trapping area with appropriate signage or postings.
(d) [Cancellation of permits. Permits may be cancelled or denied for infractions of the act, Federal regulations or regulations adopted for wildlife management areas] Controlled hunting and trapping areas. An area designated by the Director as a controlled hunting or trapping area within an established special wildlife management area is limited to hunting or trapping of designated game and wildlife by access permit only. The Director may impose further travel or use restrictions within a controlled hunting or trapping area with appropriate signage or postings.
§ 135.103. [Registration for controlled goose hunting areas] Controlled hunting and trapping area access permit procedures.
[The following apply to reservations for controlled goose hunting areas:
(1) Applications shall be submitted on a form and in the manner designated by the Commission. Applications must include the applicant's name, address, date of birth and Commission-issued Customer Identification Number, and any other information required by the Commission.
(2) Applications for controlled goose hunting areas in the Middle Creek Wildlife Management Area or the Pymatuning Wildlife Management Area shall be submitted to the Commission by the deadline set by the Director or a designee.
(3) An individual may submit no more than one official application per year to hunt on a controlled hunting area in this Commonwealth. Incomplete, illegible or duplicate applications will not be included in the drawing.
(4) The Director will establish the number of applications to be drawn no later than 20 days prior to the respective drawing of reservations for the Middle Creek and Pymatuning Wildlife Management Areas. Reservations will be awarded by the Commission to individuals selected during random public drawings from all eligible applications submitted for each management area. The drawings for each management area will occur on the date, time and at the location set by the Director or a designee. The Commission will hold separate drawings for the disabled access blinds for persons in possession of a disabled person permit issued under section 2923(a) of the act (relating to disabled person permits).
(i) Youth only day. The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a youth-only day. Adults who accompany a junior hunter on this day may participate in the hunt by calling only. Applications received from junior hunters will be separated and drawn prior to the other applications on the established drawing date for the Special management area. Unsuccessful applicants for the youth shooting day will then be placed with all other applications and the drawing will proceed until all shooting days are filled.
(ii) Veterans or veterans with disabilities only day. The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a veterans with disabilities only day. Only persons who possess a resident disabled veteran license, a reduced fee resident disabled veteran license or persons who possess a senior lifetime resident license or senior lifetime resident combination hunting license who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license are eligible to apply. Successful applicants may be accompanied by up to three properly licensed guests of any general or base hunting license classification. Applications received from veterans with disabilities will be separated and drawn prior to all other applications on the established drawing date for each wildlife management area.
(5) A reservation is not transferable. The person whose name appears on the reservation shall present the reservation in person at the wildlife management area registration center designated. A reservation shall entitle the applicant to bring not more than three guests with him. Guests shall be present and register.
(6) Except as otherwise provided in subparagraph (i), each person is permitted to hunt only 1 day per season on only one controlled goose hunting area as either a reservation holder or a guest of a reservation holder.
(i) Exception. In the absence of applications for unclaimed blinds from persons who have not previously been a registration holder or the guest of a registration holder on the morning of the designated shooting day, a person who has previously been a registration holder or the guest of a registration holder may apply for an unclaimed blind in the manner provided for in paragraph (8).
(ii) Penalty. Except as otherwise authorized by subparagraph (i), a person who files more than one application or hunts more than one time per season on one or more controlled goose hunting areas within this Commonwealth will be denied the privilege to hunt any controlled goose hunting area for 3 years.
(7) A reservation for 1 day is valid only up to 1/2 hour before the daily shooting time.
(8) Blinds will be assigned, by drawing, to reservation holders on the morning of the designated shooting day. A blind which is unclaimed will be assigned by drawing to persons present and applying for the unclaimed blinds on the morning of each shooting day, 1/2 hour prior to shooting time.]
(a) Authority to establish and cancel dates and quotas. The Director will establish the dates and number of available access permits each year for any authorized hunting or trapping activities approved for an established controlled hunting or trapping area. The Director may treat any area designated as a propagation area within a special wildlife management area in the same manner as a controlled hunting or trapping area as it relates to the authorization of hunting and trapping by access permit. The Director may cancel or suspend any authorized hunting or trapping dates for an established controlled hunting or trapping area when the Commission determines that an adequate number of the respective game or wildlife has been taken, a game or wildlife health or disease concern has been identified or some other circumstance warrants suspension or closure.
(b) Notice. The Commission will provide notice of the opening or closure of limited hunting or trapping opportunities for designated game and wildlife within an established controlled hunting or trapping area through a public announcement, web site or other means reasonably intended to reach the widest audience. Notice of the opening of limited hunting or trapping opportunities within an established controlled hunting or trapping area will also include information concerning the application process.
(c) Application.
(1) Eligibility. An applicant must possess a valid and current hunting or trapping license, whichever is applicable, plus any other license, stamp or permit that is required for the designated game or wildlife, to be eligible to make application for an access permit. An applicant is eligible to submit only one application per drawing for an access permit to participate in a controlled hunting or trapping activity on any established special wildlife management area.
(2) Timeliness, form and content. Applications for a controlled hunting or trapping permit shall be submitted on a form, in the manner and by the deadline established by the Commission. Applications must include the applicant's name, Commission-issued Customer Identification Number and any other information required by the Commission. Incomplete, illegible, duplicate or late applications will be rejected.
(d) Drawing.
(1) The Commission will conduct a random drawing of applications to select participants for each authorized hunting or trapping activity approved for an established controlled hunting or trapping area. Successful applicants will be issued an access permit specifying the dates and the authorized species for the applicable hunting or trapping activity. Access permits are not transferable. The Commission may conduct special random drawings prior to scheduled regular drawings for controlled hunting or trapping area access permits that are reserved for:
(i) Junior license holders and persons in possession of a valid mentored youth permit issued under Chapter 147, Subchapter X (relating to Mentored Hunting Program permit). An adult who accompanies a junior license holder or mentored youth permit holder on an established special youth day may participate in the hunt by calling, but may not harvest any game or wildlife.
(ii) Persons in possession of a disabled person permit issued under section 2923(a) of the act (relating to disabled person permits).
(iii) Persons in possession of a resident disabled veteran license, a reduced fee resident disabled veteran license or persons who possess a senior lifetime resident license or senior lifetime resident combination hunting license who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license.
(iv) Persons in possession of a resident general hunting license, senior lifetime resident license or senior lifetime resident combination hunting license who can provide documentation evidencing their veteran status.
(2) The Commission will include all unsuccessful applications from special random drawings with all other standard applications awaiting the regular drawings.
(e) Unclaimed permits. If one or more successful applicants cancels or fails to appear for check-in by 1/2 hour prior to open hunting hours on the scheduled date and time for their hunting or trapping opportunity for any controlled hunt that requires in-person check-in, the Commission may void the issued access permits and conduct a random drawing to reassign unclaimed access permits.
§ 135.104. [Restrictions on controlled goose hunting areas] Controlled hunting and trapping area access requirements and limitations.
[It is unlawful to:
(1) Take wildlife other than ducks, geese, coots and mergansers, except by permit issued by the Director or a designee.
(2) Remove ducks, geese, coots and mergansers from a blind prior to vacating the blind to check out.
(3) Remain in a blind when the maximum limit of geese, has been killed or the ammunition limit has been expended, or after the time specified on the permit has expired.
(4) Shoot from other than an assigned blind.
(5) Enter a closed blind, or a blind other than the one assigned.
(6) Shoot on, along or from a road or parking area.
(7) Possess more than ten rounds of ammunition per hunter in the blind. This does not prohibit one member of a party in a blind from giving part of the ten-round allotment to another member of the same party, while in the blind.
(8) Obtain or possess more than the original ten rounds of ammunition permitted at the beginning of each day.
(9) Take more than one Canada goose per person per day at a controlled goose hunting area. Season and daily limits on other waterfowl shall conform with Chapter 139 (relating to seasons and bag limits) and 50 CFR Part 20 (relating to migratory bird hunting).
(10) Take more than one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.]
(a) Check-in. A person issued an access permit shall check-in upon arrival at the special wildlife management area in the manner set forth in the instructions provided with their permit, which may include physical presentation of their permit to Commission staff at a designated registration area. A person issued a 1-day access permit must check-in on the scheduled date within 1/2 hour before open hunting hours for that day, otherwise the Commission may void the access permit and conduct a random drawing to reassign the unclaimed access permit as set forth in § 135.103(e) (relating to controlled hunting and trapping area access permit procedures).
(b) Check-out. A person issued a controlled hunting or trapping area access permit shall check-out upon departure from the assigned controlled hunting or trapping area in the manner set forth in the instructions provided with their permit, which may include physical presentation of the permit and any game or wildlife harvested to Commission staff at a designated registration area or the mailing of a harvest report card supplied with the permit by the deadline specified on the permit. A person issued a controlled hunting area access permit shall check-out of the controlled hunting area no later than 1 hour after the close of hunting hours for the day as set forth in § 141.4 (relating to hunting hours) or within 1 hour of the closing time specified on their access permit.
(c) Access restricted.
(1) Except as provided in this subsection, entry into a controlled hunting or trapping area without a valid controlled hunting or trapping area access permit is prohibited.
(2) A person in possession of a valid access permit may enter only the controlled hunting or trapping area or hunting blind designated on their access permit.
(3) A person may recover wounded or harvested game or wildlife from a controlled hunting or trapping area that is not designated on their access permit only after receipt of specific advance permission from the Commission.
(4) A person with a valid controlled hunting or trapping area access permit is prohibited from entering or remaining in a controlled hunting or trapping area at any time outside of 1 hour before or 1 hour after legal hunting hours as set forth in § 141.4 or as specified on their access permit without specific advance permission from the Commission.
§ 135.105. [Public hunting areas] Hunting hours in a controlled hunting area.
[The following apply to public hunting areas:
(1) Public hunting areas are those areas not included in the controlled goose area, the controlled duck area, propagation area or public recreation area.
(2) Hunting wildlife, in season, including waterfowl, is lawful] A person hunting game or wildlife within a controlled hunting area shall comply with the hunting hours provisions set forth in § 141.4 (relating to hunting hours) or as specified on their access permit.
§ 135.106. [Pymatuning Wildlife Management Area] Controlled hunting and trapping area harvest limitations.
(a) [In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Pymatuning Wildlife Management Area:
(1) Entering, hunting or trapping on the controlled goose and duck areas is by permit only.
(2) Waterfowl hunting is permitted Monday, Wednesday, Friday and Saturday.
(3) Hunting shall conform to the legal hunting hours in § 141.4 and Chapter 141, Appendix G (relating to hunting hours), except legal hunting hours for waterfowl hunting ends each open day at 12:30 p.m.] Species restriction. A person with a valid controlled hunting or trapping area access permit is authorized to hunt, trap or harvest, whichever is applicable, only the game or wildlife species designated on their access permit. All other hunting, trapping or harvesting is prohibited.
(b) [The following apply to reservations for the controlled duck hunting area:] Nontoxic shot restrictions.
(1) [Reservations will be made on each designated shooting day at the registration center. Hunting is limited to 85 hunters at one time on the 2 areas combined. Reservations will be issued on a first-come, first served basis if there are 85 hunters or less applying at the registration center and 1 1/2 hours prior to the opening hunting hour. If there are more than 85 applicants present, a drawing will be held to determine to whom the 85 permits are issued] Small game other than waterfowl. Notwithstanding the authorizations under § 141.22(a)(2) and (c)(1)(ii) (relating to small game seasons), a person hunting small game, other than waterfowl, in a small game controlled hunting area is prohibited from using multiple-projectile ammunition containing any lead shot. Multiple-projectile ammunition is authorized only if it contains nontoxic shot of such sizes and compositions as are otherwise authorized under § 141.22(a)(2) or (c)(1)(ii), whichever is applicable.
(2) [Permits returned to the registration center prior to 10 a.m. may be released to another applicant] Waterfowl. A person hunting waterfowl in a waterfowl controlled hunting area is prohibited from using multiple-projectile ammunition containing any lead shot. Multiple-projectile ammunition is authorized only if it contains nontoxic shot of such sizes and compositions as are otherwise authorized in § 141.23 (relating to nontoxic shot).
(c) [The following apply to the controlled duck hunting areas:] Controlled hunting or trapping area restrictions.
(1) [Ducks, coots and mergansers are the only legal game; taking other wild birds or mammals is prohibited, except by permit issued by the Director or a designee] Parking. If the Commission assigns a parking placard to an access permit holder for any controlled hunting or trapping activity, the permit holder shall park only in assigned parking areas and shall display the parking placard on the dashboard of their vehicle in a manner that allows it to be visible from the exterior of the vehicle.
(2) [A hunter shall possess on his person the identification tag furnished by the Commission while on the areas. The identification tag is valid for entry upon the area indicated on the tag. Entry upon another area is prohibited. Identification tags shall be returned to the registration center at check-out time] Restriction on dogs. A person hunting or trapping game or wildlife within a controlled hunting or trapping area is prohibited from allowing a dog to run unaccompanied or without direction and control.
(3) Shooting on, along or from a road or parking area. A person hunting or trapping game or wildlife within a controlled hunting or trapping area is prohibited from shooting on, along or from parking areas.
(d) [The following apply to special deer hunts within the Pymatuning Wildlife Management Area:] Controlled waterfowl hunting area specific restrictions.
(1) [Authority to establish special hunt. The Director may authorize special deer hunts within the Pymatuning Wildlife Management Area by permit. The Director will establish the number of access permits to be issued and designate the one or more hunt zones within the controlled area prior to the opening of the earliest established deer season] A person hunting waterfowl in a controlled waterfowl hunting area or blind is authorized to begin the hunt and thereafter possess or discharge no more than ten rounds of ammunition. This paragraph does not prohibit one member of a party in a controlled waterfowl hunting area or blind from giving part of their original ten-round allotment to another member of the same hunting party. The Director may waive the limitations of this paragraph for any designated youth waterfowl hunting day.
(2) [Permit authorization. During any year the Director authorizes a special deer hunt within the Pymatuning Wildlife Management Area, permitted hunters are eligible to access the controlled area to hunt deer during any applicable antlered or antler-less deer season established in § 139.4 (relating to seasons and bag limits for the license year) using valid antlered and antlerless licenses and harvest tags issued to them. Notwithstanding § 135.161(2) (relating to Commission-owned or leased), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits within the controlled area as authorized by § 139.3 (relating to authority to alter seasons and bag limits)] A person hunting waterfowl in a controlled waterfowl hunting area is prohibited from removing any waterfowl from the person's assigned waterfowl hunting area or blind prior to final check-out for that day.
(3) [Applications. An individual possessing a valid hunting license for the current license year may submit a maximum of one application per year to participate in a special deer hunt within the Pymatuning Wildlife Management Area. Applications must include the applicant's name, address, date of birth, Commission-issued Customer Identification Number and any other information required by the Commission. Applicants shall submit completed applications in the manner directed by the Director or a designee. Incomplete, illegible or duplicate applications will not be included in the drawing] A person hunting waterfowl in a controlled waterfowl hunting area is prohibited from harvesting more than one Canada goose per person per day. Seasons and daily limits for all other waterfowl shall conform with Chapter 139 (relating to seasons and bag limits) and 50 CFR Part 20 (relating to migratory bird hunting).
[(4) Drawing. The Director or a designee will establish the application deadline and the date, time and location for the random drawing of applications for the issuance of special deer hunt permits within the Pymatuning Wildlife Management Area. Special deer hunt access permits are not transferrable.
(5) Hunting hours and duration of access limited. Hunting during the special deer hunt shall conform to the legal hunting hours in § 141.4 and Chapter 141, Appendix G, except legal hunting hours for deer begins each open day at 12:30 p.m. Permittees may access the controlled area no sooner than the start of legal hours and all permittees shall vacate the controlled area within 1 hour after the close of hunting hours. Entering or remaining in the controlled area after this period shall be authorized in advance by the Commission after a report is made to the Commission's Northwest Regional Office.
(6) Access to controlled area limited. A permittee may enter and hunt deer only within the hunt zone or hunt zones designated by his permit. Entry into other hunt zones or areas outside of the hunt zones to pursue a wounded deer shall be authorized in advance by the Commission after a report is made to the Commission's Northwest Regional Office.
(7) Parking. A permittee shall park only in assigned parking areas and shall display the provided parking placard on the dashboard of the vehicle in a manner that allows it to be read from the exterior of the vehicle.
(8) Reporting. A permittee that successfully harvests a deer during the special deer hunt shall report the harvest to the Commission within 10 days of the kill by completing the report card supplied with the special deer hunt permit for reporting deer killed and mail the report card to the Pymatuning Wildlife Management Area in Hartstown, PA, or by any other method designated by the Director.
(9) Violations. A person violating any requirement or restriction established within this section may be prosecuted under section 721 of the act (relating to control of property) or other applicable provision of the act and, upon conviction, be sentenced to pay the fine prescribed in the act. Furthermore, the Director may deny, revoke or suspend a permit for any violation of the requirements of this subchapter upon written notice to the permittee.]
§ 135.107. [Middle Creek Wildlife Management Area] Unlawful acts.
[(a) In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Middle Creek Wildlife Management Area:
(1) Entering, hunting, trapping or fishing on the controlled areas shall be by permit only, except as listed in paragraph (3).
(2) From March 1 to September 14, entry on foot or vehicle is restricted to roadways and designated trails, except that when gates are closed, entry is prohibited.
(3) Shooting on, along, or from parking areas or highways which traverse or parallel the controlled Hunting Area is prohibited.
(4) Waterfowl hunting is permitted on Tuesday, Thursday and Saturday. Starting times conform to State and Federal regulations. Shooting ends at 1:30 p.m.
(5) A permit holder shall surrender, in person, the permit at the registration center through which he entered. A hunter shall submit for examination all game taken. The deadline for checking out is 2:30 p.m.
(6) Nontoxic shot in sizes no larger than # 4 Bismuth/tin and # 2 steel shall be used in the controlled and propagation areas for hunting small game. For hunting waterfowl, nontoxic shot no larger than size ''T'' shall be used.
(b) The following apply to special deer hunts on the controlled areas:
(1) Special deer hunt will be by permit only.
(2) A drawing shall be conducted at the visitor center to determine successful applicants on dates designated by the Director or a designee.
(3) The number of permits and methods of issue will be set by the Director or a designee prior to the drawing.
(4) The Director reserves the right to suspend the hunt and cancel remaining permits when an adequate number of deer have been taken.
(5) A successful permittee shall submit the deer for examination at the visitor center on the date of the permit.
(6) A permittee shall return the permit to the visitor center not later than 1/2 hour after the closing time of the hunt, as specified on the permit.
(7) Hunters participating in the special archery and muzzleloader hunts inside the controlled areas shall wear a minimum of 250 square inches of fluorescent orange material on the head, chest and back combined.
(8) Notwithstanding the provisions in § 135.161(2) (relating to Commission-owned or leased lands or waters), the Director may designate dates for deer hunting outside of established seasons and bag limits.
(c) The following apply to special rabbit and squirrel hunts on the controlled hunting areas:
(1) Rabbit and squirrel hunting will be by permit only.
(2) A drawing will be conducted at the visitor center to determine successful applicants on dates designated by the Director or a designee.
(3) The number of permits and methods of issue shall be set by the Director or a designee prior to the drawing.
(4) The Director reserves the right to suspend the hunt and cancel remaining permits when an adequate number of rabbits or squirrels, or both, have been taken.
(5) The permittee shall return the permit and report form to the visitor center by United States Postal Service no later than 5 days after the expiration of the permit] A person violating any provision of this subchapter may be prosecuted under section 721 of the act (relating to control of property) or other applicable provision of the act and, upon conviction, be sentenced to pay the fine prescribed in the act. Furthermore, the Director may deny, revoke or suspend a permit for any violation of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 23-456. Filed for public inspection April 7, 2023, 9:00 a.m.]
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