RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[29 Pa.B. 2454]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999 meeting, adopted the following changes:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1999-2000 hunting license year.

   These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

Amendment to § 139.4

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 12, 1999, meeting proposed and at its April 9, 1999, meeting finally adopted changes to § 139.4 to provide for seasons and bag limits for the 1999-2000 license year. These seasons and bag limits were made under the provisions of sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission; and regulations). Notable changes for the 1999-2000 year are shorter seasons to hunt ringneck pheasants, cottontail rabbits and bobwhite quail, and the creation of an early 3-day flintlock muzzleloader antlerless deer season in special regulation areas.

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.

   After experimenting with starting the rabbit, pheasant and quail seasons 2 weeks earlier in 1998-99, it was decided that populations of those species cannot justify continuance of the extended season, so these seasons have been returned to their traditional length. Also, after receiving a great deal of input on the proposed Statewide 3-day muzzleloader antlerless season, it was decided to restrict that season to special regulation areas only.

3.  Regulatory Requirements

   These adopted seasons and bag limits would 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

   Persons wishing to hunt and trap in this Commonwealth would be affected by these seasons and bag limits.

5.  Comment and Response Summary

   A great deal of input was received with regard to the proposed 3-day early flintlock muzzleloader antlerless season. Of the 914 written comments written comments received, 816 were in favor of the season. It appears, however, that this may have been an orchestrated campaign. Commissioners in discussing the proposal throughout the State found the prevailing sentiment to be the opposite. The Commission has therefore decided to limit the season to the special regulations areas where there are no concerns about deer populations.

   Comments were also received in favor of having a longer rifle antlerless season. Because of concerns about deer populations in parts of this Commonwealth, it was decided to keep the antlerless season as proposed.

   Finally, comments were received regarding returning the start of the earlier small game season to its traditional time. As a result, the finally adopted dates are 2 weeks later than proposed.

6.  Cost and Paperwork Requirements

   The new seasons and bag limits would not result in any additional cost either to the Commission or to hunters and furtakers.

7.  Effective Dates

   July 1, 1999 to June 30, 2000.

8.  Contact Persons

   For further information on the changes, the contact person is James R. Fagan, Director, Bureau of Law Enforcement, 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) 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 statue.

Order

   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order amending § 139.4, shall become effective upon final publication in the Pennsylvania Bulletin.

DONALD C. MADL,   
Executive Director

   Fiscal Note:  Fiscal Note 48-108 remains valid for the final adoption of the subject regulation.

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.

1999-2000 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) Eligible Junior Hunters only, with or without the required licenses, when properly accompanied as required by law	Oct. 9		Oct. 11	6	12
Squirrels--(Combined)	Oct. 16		Nov. 27	6	12
		and
	Dec. 27		Feb. 12, 2000
Ruffed Grouse--Statewide	Oct. 16		Nov. 27	2	4
		and
	Dec. 27		Jan. 29, 2000
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. 30		Nov. 27	4	8
		and
	Dec. 27		Feb. 12, 2000
Ringneck Pheasant--Male only	Oct. 30		Nov. 27	2	4
Ringneck Pheasant--Male or female	Oct. 30		Nov. 27	2	4
combined when hunting in designated		and
hen shooting area only	Dec. 27		Feb. 12, 2000
Bobwhite Quail--The hunting 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.	Oct. 30		Nov. 27	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 27		Jan. 1, 2000	2	4
Woodchucks (Groundhog)	No closed season except during the antlered and antlerless deer season and until 12 noon daily during he spring gobbler turkey season			Unlimited

				Daily	Season
Species	First Day		Last Day	Limit	Limit
Turkey--Male Male or Female				1	1
Management
Areas #1-A, 1-B, 2, 6, 7-A & 8	Oct. 30		Nov. 13
Management Area #7-B	Oct. 30		Nov. 6
Management Areas #3, 4 & 5	Oct. 30		Nov. 20
Management Area #9-A	Closed to fall turkey hunting
Management Area #9-B	Nov. 1		Nov. 6
Turkey (Spring Gobbler)-Statewide    Bearded Bird Only	April 29, 2000		May 27, 2000	1	1

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 2		Nov. 28	Unlimited
(Hunting permitted on Friday, Saturday		and
and Sunday only)	Dec. 24		Mar. 26, 2000
Starlings and English Sparrows	No closed season except during the antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey season			Unlimited

FALCONRY

Squirrels-- (Combined)	Sep. 1		Mar. 31, 2000	6	12
Quail	Sep. 1		Mar. 31, 2000	4	8
Ruffed Grouse	Sep. 1		Mar. 31, 2000	2	4
Cottontail Rabbits	Sep. 1		Mar. 31, 2000	4	8
Snowshoe or Varying Hare	Sep. 1		Mar. 31, 2000	2	4
Ringneck Pheasant--Male and Female (Combined)	Sep. 1		Mar. 31, 2000	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. 2		Nov. 13	1 Per Day	One antlered.**
with the appropriate license		and			An antlerless deer
	Dec. 27		Jan. 15, 2000		with each required antlerless license.
Deer (Buck), Antlered, (Statewide) with 2 or more points to an antler or a spike 3 or more inches long	Nov. 29		Dec. 11	1 Per Day	One antlered.**
Deer (Doe), Antlerless, (Statewide) Junior License Holders Only with required antlerless license	Dec. 4	and	Dec. 11 only	An antlerless deer with each required antlerless license.
Deer (Doe), Antlerless, (Statewide)	Dec. 13		Dec. 15	1 Per Day	An antlerless deer with each required antlerless license.
Deer (Doe), Antlerless, (Presque Isle State Park, Erie County)	Dec. 8		Dec. 10	One antlered deer.** An antlerless deer with each required antlerless license.
Deer (Doe), Antlered or Antlerless, (Flintlock Muzzleloading firearms only)	Dec. 27		Jan. 15, 2000	1 Per Day	One antlered ** or one antlerless-plus An antlerless deer with each required antlerless license.
Deer (Doe), Antlerless, Only on those lands designated by the Executive Director as ''Deer Damage Areas'' and posted with approved signs	Nov. 29		Dec. 11	An antlerless deer with each required antlerless license.
Deer (Doe), Antlerless, (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Ritchie, Raven Rock Site, Adams County)	Hunting is permitted on days Established by the United States Department of the Army.			An antlerless deer with each required antlerless license.

SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY

Deer (Doe), Antlerless only, (Flintlock Muzzleloading firearms only)	Nov. 18		Nov. 20	An antlerless deer with each required antlerless license.
Deer (Buck), Antlered	Nov. 29		Dec. 11	One antlered deer.**
Deer (Doe), Antlerless	Nov. 29		Dec. 18	An antlerless deer
		and		with each required
	Dec. 27		Jan. 15, 2000	antlerless license.

BEAR

Bear, any age

Nov. 22

Nov. 24

1

1

FURTAKING--TRAPPING

Minks and Muskrats--Statewide	Nov. 21		Jan. 9, 2000	Unlimited
Beaver--Statewide	Dec. 26		Mar. 15, 2000
Zones 1, 2 & 3 (except Bradford, McKean, Potter, Susquehanna, Tioga and Wayne Counties)				10	20
Bradford, McKean, Potter, Susquehanna Tioga and Wayne Counties				10	40
Zone 4 & 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--Statewide	Oct. 17		Feb. 26, 2000	Unlimited

FURTAKING--HUNTING

Coyotes--Statewide	No closed season. Coyotes may 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.			Unlimited
Opossums, Skunks, Weasels-- Statewide	No closed season. These species may not be hunted prior to 12 noon during the spring gobbler turkey season.
Raccoons and Foxes--Statewide	Oct. 16		Feb. 26, 2000	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. 99-749. Filed for public inspection May 7, 1999, 9:00 a.m.]

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