RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 135]
Lands and Buildings; Special Wildlife Management Areas
[53 Pa.B. 3085]
[Saturday, June 10, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends §§ 135.101—135.107 (relating to special management areas) to simplify, reorganize and modernize these special wildlife management area regulations.
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 53 Pa.B. 1932 (April 8, 2023).
1. Purpose and Authority
The Commission's Middle Creek Wildlife 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 determined that the regulations governing the use and access to these special wildlife management areas were needlessly complex, redundant, outdated and simply inconsistent with current available technologies, particularly as it relates to management of the controlled hunts. Therefore, the Commission amends §§ 135.101—135.107 to simplify, reorganize and modernize these special wildlife management area regulations. It should be noted this final-form rulemaking was amended on final adoption to better define the manner: 1) the Commission will conduct day of hunt drawings for unclaimed access permits; and 2) a hunter may contact the Commission to seek permission to enter other areas of the special wildlife management area not authorized by their access permit.
Section 721(a) of the code (relating to control of property) provides ''[t]he 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 adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 135.101—135.107 to simplify, reorganize and modernize these special wildlife management area regulations.
3. Persons Affected
Persons wishing to use and access an area designated as a special wildlife management area within this Commonwealth 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 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), 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 135, are amended by amending §§ 135.101—135.107 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 publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-499 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE
MANAGEMENT AREAS§ 135.101. Designation of special wildlife management areas.
(a) 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) 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) 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) 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. Designation of areas within an established special wildlife management area.
(a) 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) 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) 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) 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. Controlled hunting and trapping area access permit procedures.
(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 date(s) 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. If the Commission determines that a drawing to reassign unclaimed access permits is necessary, a drawing will be conducted using the same or substantially equivalent random selection process used in the original drawing until all openings are filled. The Commission will conduct unclaimed access permit drawings immediately prior to the opening of lawful hunting hours on the day of the scheduled hunt.
§ 135.104. Controlled hunting and trapping area access requirements and limitations.
(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. A person may seek this permission by contacting the Commission using the telephone number provided in the materials accompanying their access permit.
(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. Hunting hours in a controlled hunting area.
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. Controlled hunting and trapping area harvest limitations.
(a) 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. Other hunting, trapping or harvesting is prohibited.
(b) Nontoxic shot restrictions.
(1) 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 lead shot. Multiple-projectile ammunition is authorized only if it contains nontoxic shot of the sizes and compositions as are otherwise authorized in § 141.22(a)(2) or (c)(1)(ii), whichever is applicable.
(2) Waterfowl. A person hunting waterfowl in a waterfowl controlled hunting area is prohibited from using multiple-projectile ammunition containing lead shot. Multiple-projectile ammunition is authorized only if it contains nontoxic shot of the sizes and compositions as are otherwise authorized in § 141.23 (relating to nontoxic shot).
(c) Controlled hunting or trapping area restrictions.
(1) 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) 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) Controlled waterfowl hunting area specific restrictions.
(1) 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) 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) 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).
§ 135.107. Unlawful acts.
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. 23-756. Filed for public inspection June 9, 2023, 9:00 a.m.]
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