RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 135, 139 AND 141]
Bag Limits
[28 Pa.B. 2504] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 21, 1998, meeting, adopted the following changes:
Amend Chapter 135, Subchapter F, by amending § 135.104 (relating to restrictions on controlled goose hunting areas) by increasing the daily bag limit for Canada geese at Middle Creek Wildlife Management Area (MCWMA) to two birds, only in those years when the United States Fish and Wildlife Service closes the regular (fall) Canada Goose season in southeastern Pennsylvania.
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1998-1999 hunting license year.
Amend Chapter 141, Subchapter B, by amending § 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area) by increasing the daily bag limit for Canada geese at the MCWMA to two birds, only in those years when the United States Fish and Wildlife Service closes the regular (fall) Canada goose season in southeastern Pennsylvania.
These amendments are adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendments to §§ 135.104 and 141.26
1. Introduction
To effectively manage the wildlife resources of the Commonwealth, the Commission at its January 13, 1998, meeting proposed, and at its April 21, 1998, meeting finally adopted amendments to §§ 135.104 and 141.26 to allow a two goose bag limit during the early Canada goose season in the controlled area of the MCWMA. These amendments were adopted under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission).
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons for any species of game or wildlife. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits.
Because of concerns about the migratory populations of Canada geese, the United States Fish and Wildlife Service has closed the regular Canada goose season in most of this Commonwealth. At the same time, the population of resident Canada geese has dramatically increased resulting in numerous nuisance geese complaints. Increasing the early season bag limit in the controlled area of the MCWMA should help to decrease the resident population.
3. Regulatory Requirements
The adopted changes will relax current regulatory requirements.
4. Comment and Paperwork Requirements
No comments were received with regard to the adopted changes.
5. Cost and Paperwork Requirements
The changes will not result in any additional cost or paperwork requirements.
6. Effective Date
The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Amendments to § 139.4
1. Introduction
To effectively manage the wildlife resources of the Commonwealth, the Commission, at its January 13, 1998, meeting proposed, and at its April 21, 1998, meeting finally adopted, changes to § 139.4 to provide for seasons and bag limits for the 1998-1999 license year. These seasons and bag limits were adopted under sections 322(c)(1) and 2102(b)(1) of the code. Notable changes for the 1998--1999 year are a provision which will allow junior hunters to take an antlerless deer during antlered deer season, a provision which will increase the spring turkey bag limit to two on a contingent basis and longer small game seasons than in previous years.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to ''. . . fix seasons . . . and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits.
Populations of rabbits, beavers, pheasants and squirrels are sufficiently abundant to justify extending their seasons and having a uniform start of small game season. Similarly, it appears that turkey populations are adequate to permit a bag limit of two in the spring, but this bag limit is contingent on a spring turkey license or stamp being created. Finally, to encourage junior hunters, the Commission will permit them to take antlerless deer, with the appropriate license, on the two Saturdays of the antlered deer season.
3. Regulatory Requirements
These seasons and bag limits establish when and where it is lawful to hunt and trap various game species and place limits on the numbers that can be legally taken.
4. Persons Affected
All persons wishing to hunt and trap in this Commonwealth will be affected by these seasons and bag limits.
5. Comment and Response Summary
The Commission received nearly 900 comments with regard to the proposal to allow junior license holders to take either an antlered or antlerless deer during the antlered deer season with nearly two-thirds of those comments being opposed. Most of the concerns expressed related to safety and to adults shooting the deer for the juveniles. As a result of the safety concerns, the Commission decided to restrict this change to Saturdays only of the antlered deer season.
The Commission also received over 550 comments with respect to increasing the spring turkey bag limit to two. Approximately three-fourths of these comments were opposed to the increase because of concerns about turkey populations. In response to these comments, the Commission decided to make the increase contingent on the establishment of a spring turkey license and to allow the taking of one turkey in each half of the season if the bag limit is two. Otherwise, the limit will be one.
Finally, the Commission received nearly 700 comments relating to extending the small game seasons, nearly three fourths of those comments being opposed. Most of the opposition comments expressed satisfaction with the current length of small game seasons and indicated concerns about impacts on small game populations, farmers and other hunting seasons. As a result of these comments, the Commission decided to shorten the originally proposed combined squirrel and rabbit seasons by 2 weeks.
6. Cost and Paperwork Requirements
The adopted new seasons and bag limits will not result in any additional cost either to the Commission or to hunters and furtakers with the exception of the contingency for a spring turkey license which will need to take place by Legislative action.
7. Effective Dates
The amendment is effective July 1, 1998 to June 30, 1999.
Contact Persons
For further information on the adopted changes the contact person is James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(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.
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 135, 139 and 141, are amended by amending §§ 135.104 and 141.26 to read as set forth at 28 Pa.B. 1243 (March 7, 1998) and by amending § 139.4 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 28 Pa.B. 1243 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-102 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.4. Seasons and bag limits for the license year.
1998-1999 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Field Possession Daily Limit After
Species First Day Last Day Limit First Day Squirrels--(Combined) Oct. 10 Oct. 12 6 12 Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by lawSquirrels--(Combined) Oct. 17 Nov. 28 6 12 and Dec. 26 Feb. 13, 1999 Ruffed Grouse--Statewide Oct. 17 Nov. 28 2 4 and Dec. 26 Jan. 23, 1999 Ruffed Grouse--There is no open season
for taking ruffed grouse in that portion
of State Game Lands No. 176 in Centre
County which is posted ''RESEARCH
AREA--NO GROUSE HUNTING''Rabbits, Cottontail Oct. 17 Nov. 28 4 8 and Dec. 26 Feb. 13, 1999 Ringneck Pheasant--Male only Oct. 17 Nov. 28 2 4 Ringneck Pheasant--Male or female Oct. 17 Nov. 28 2 4 combined when hunting in designated and hen shooting area only Dec. 26 Jan. 23, 1999 Bobwhite Quail--The hunting Oct. 17 Nov. 28 4 8 and taking of bobwhite quail is
permitted in all counties except
Adams, Chester, Cumberland, Dauphin,
Delaware, Franklin, Fulton, Juniata,
Lancaster, Lebanon, Perry, Snyder and
York where the season is closed.
Hares (Snowshoe Rabbits) or Dec. 26 Jan. 2, 1999 2 4 Varying Hares Woodchucks (Groundhog) No closed season except during the Unlimited
antlered and antlerless deer season
and until 12 noon daily during the
spring gobbler turkey season
Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female Management Areas # 1-A, 1-B & 7-B Oct. 31 Nov. 7 1 1 Management Areas # 2, 6, 7-A & 8 Oct. 31 Nov. 14 1 1 Management Areas # 3, 4 & 5 Oct. 31 Nov. 21 1 1 Management Area # 9-A Closed to fall turkey hunting Management Area # 9-B Nov. 2 Nov. 6 1 1 Turkey (Spring Gobbler) Statewide May 1, 1999 May 29, 1999 1 1 # Bearded Bird only #--Contingent upon Legislative approval of a Spring Turkey license or stamp, one bearded turkey may be taken between May 1, and May 15, 1999, while a second bearded turkey may be taken only between May 17, and May 29, 1999. If the spring turkey license or stamp is not authorized, the season limit for the 1999 Spring Turkey Season will remain at one bearded turkey.
MIGRATORY GAME BIRDS Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703--711) as published in the Federal Register on or about August 27 and September 28 of each year. Exceptions:
(a) Hunting hours in § 141.4 (relating to hunting hours).
(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.
(c) Subject to approval by the United States Fish and Wildlife Service, an early and late season for Canada geese will be held as defined in § 141.25.
(d) There is no open season for taking Woodcock within the boundaries of State Game Land No. 69, located in Randolph, Richmond and Troy Townships in Crawford County, Pennsylvania.
Field Possession Daily Limit After
Species First Day Last Day Limit First Day
Crows July 3 Nov. 29 Unlimited
(Hunting permitted on Friday, Saturday and and Sunday only) Dec. 26 Mar. 28, 1999 Starlings and English Sparrows No closed season except during the
Unlimited
antlered and antlerless deer seasons
and until 12 noon daily during the
spring gobbler turkey season
FALCONRY Squirrels--(Combined) Sep. 1 Mar. 31, 1999 6 12 Quail Sep. 1 Mar. 31, 1999 4 8 Ruffed Grouse Sep. 1 Mar. 31, 1999 2 4 Cottontail Rabbits Sep. 1 Mar. 31, 1999 4 8 Snowshoe or Varying Hare Sep. 1 Mar. 31, 1999 2 4 Ringneck Pheasant--Male
and Female (Combined)Sep. 1 Mar. 31, 1999 2 4 Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
Daily Season Species First Day Last Day Limit Limit DEER
Deer (Archery), Antlered or Antlerless Oct. 3 Nov. 14 1 Per Day One antlered.** with the appropriate license and An antlerless Dec. 26 Jan. 9, 1999 deer with each required antlerless license Deer (Buck), Statewide, Antlered Nov. 30 Dec. 12 1 Per Day One antlered.** with 2 or more points to an
antler or a spike 3 or more inches long
Deer (Doe) Antlerless (Statewide) An antlerless deer
Junior License Holders Only Dec. 5 and Dec. 12 only with each required
with required antlerless license antlerless license. Deer (Doe) Antlerless (Statewide) Dec. 14 Dec. 16 1 Per Day An antlerless deer with each required antlerless license Deer (Doe) Antlerless Dec. 9 Dec. 11 One antlered deer.** (Presque Isle State Park, An antlerless deer
Erie County) with each required
antlerless license.
Deer (Muzzleloading Firearms), Dec. 26 Jan. 9, 1999 1 Per Day One antlered **
(Flintlock only) Antlered or or one antler-
Antlerless less--plus
An antlerless deer with each required antlerless licenseDeer (Doe) Antlerless Nov. 30 Dec. 12 An antlerless deer Only on those lands designated with each required by the Executive Director as ''Deer antlerless license. Damage Areas'' and posted
with approved signs
Deer (Doe) Antlerless Hunting is permitted on days An antlerless deer (Letterkenny Army Depot, Franklin established by the United States with each required County and New Cumberland Army Department of the Army antlerless license. Depot, York County and Fort Ritchie,
Raven Rock Site, Adams County)SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Deer (Buck), Antlered Nov. 30 Dec. 12 One antlered deer.** Deer (Doe), Antlerless Nov. 30 Dec. 16 An antlerless deer and with each required Dec. 26 Jan. 9, 1999 antlerless license. BEAR
Bear, any age Nov. 23 Nov. 25 1 1 FURTAKING--TRAPPING
Minks and Muskrats--Statewide Nov. 21 Jan. 10, 1999 Unlimited Beaver--Statewide Dec. 26 Mar. 15, 1999 Zones 1, 2 & 3 10 20 (except Bradford, McKean, Potter, Susquehanna, Tioga and Wayne Counties)
Bradford, McKean, Potter, 10 40 Susquehanna, Tioga and Wayne Counties
Zone 4 & 5 10 10 Zone 6 6 6 Coyotes, Foxes, Opossums, Raccoons, Oct. 17 Feb. 27, 1999 Unlimited Skunks, Weasels--Statewide FURTAKING--HUNTING Coyotes--Statewide No closed season. Coyotes may Unlimited
be taken during the regular antlered and antlerless deer seasons or extensions only by hunters who have a valid deer tag or during the spring gobbler turkey season by hunters who have a valid spring turkey tag and meet fluorescent orange and shot size requirements. Opossums, Skunks, Weasels-- No closed season. These species may Statewide not be hunted prior to 12 noon during the spring gobbler turkey season. Raccoons and Foxes--Statewide Oct. 17 Feb. 27, 1999 Unlimited No open seasons on other wild birds or wild mammals.
**Only one antlered deer (buck) may be taken during all seasons of the hunting license year.
[Pa.B. Doc. No. 98-851. Filed for public inspection May 29, 1998, 9:00 a.m.]
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