PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[30 Pa.B. 1262] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 11, 2000, meeting, proposed the following:
Amend Chapter 141 (relating to hunting and trapping): Subchapter A (relating to general):
§ 141.1 (relating to special regulations areas), to allow the .410 shotgun with single projectile ammunition for deer hunting in the special regulations areas, and clarification that the 20 gauge shotgun or larger would continue to be lawful for buckshot in the Southeast special regulations areas.
§ 141.4 (relating to hunting hours), to allow the hunting of bobcat any hour, day or night.
§ 141.5 (relating to furbearer tagging requirements), to require the tagging of bobcat taken under a special permit.
§ 141.6 (relating to illegal devices), to allow the hunting of bobcat by the use of electronic calls, and permitting snares to be completely or partially submerged in water to be used to take beaver.
Subchapter B (relating to small game):
§ 141.21 (relating to hen ringneck pheasant), to expand the male and female pheasant area to include additional counties with low wild pheasant populations and low capability (due to natural succession and land use practices) to support a long-term wild pheasant population.
Subchapter C (relating to big game):
§ 141.43 (relating to deer), to address hunter safety concerns by requiring fluorescent orange during the overlap with the flintlock muzzleloading season that precedes the regular firearms season for deer, and to allow the use of muzzleloading pistols and expand types of lawful ammunition.
§ 141.45 (relating to turkey), by limiting lawful hunting devices to shotguns and archery in certain turkey management areas.
Subchapter D (relating to trapping):
§ 141.63 (relating to definitions), by changing the stop location to allow the snare loop to close to a minimum circumference of 7 inches.
These proposed amendments to Chapter 141 will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the January 11, 2000, meeting of the Commission, and comments on these proposals can be sent to the Executive Director of the Pennsylvania Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 24, 2000.
Amendment to § 141.1
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed changing § 141.1 to allow the use of the .410 shotgun with single projectile ammunition for deer hunting in special regulations areas. This would allow more flexibility for muzzleloaders in special regulations areas and create more consistency with what exists in the rest of this Commonwealth. These changes are adopted under authority contained in section 2102 of the code (relating to regulations).
2. Purpose and Authority
The .410 shotgun with single projectile ammunition can currently be lawfully used to hunt deer through most of this Commonwealth. Section 141.1 has a limitation that at least a 20 gauge long gun or shotgun propelling a single projectile must be used. This has led to confusion for deer hunters who hunt both inside and outside of special regulations. The proposed changes will eliminate this limitation with regard to single projectile ammunition in special regulations areas but retain the requirement when using buckshot.
Section 2102(a) code directs the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking . . .'' Section 2102(d) also directs the Commission to promulgate regulations stipulating ''. . . the type of firearms and ammunition and other devices which may be used . . .'' The proposed changes would be adopted under this authority.
3. Regulatory Requirements
The proposed amendments would relax current requirements.
4. Persons Affected
Individuals wishing to hunt deer in special regulations areas with muzzleloading long guns or shotguns using single projectile ammunition would be affected by the proposals.
Amendment to Subchapter A
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed having a bobcat hunting and trapping season and also proposed changing §§ 141.4--141.6 to regulate the taking and tagging of bobcats. The Commission also proposed changing § 141.6 to permit partially submerged snares to be used to take beaver. These changes were proposed under section 322 (relating to powers and duties of the Commission) and section 2102(a) of the code.
2. Purpose and Authority
After some years of studying bobcats and bobcat populations in this Commonwealth, the Commission's biologists have concluded that limited numbers of bobcats can be safely harvested by hunting and trapping. The Commission has therefore proposed a bobcat season as part of its seasons and bag limit proposals for 2000-2001. To regulate the taking of bobcats other changes to 58 Pa. Code (relating to recreation) will be required.
The Commission has proposed that § 141.4 be changed to specify hunting hours for bobcats. Also, under the proposal, § 141.5 would be changed to require tagging of bobcats. Finally, § 141.6 would be changed to allow use of electronic devices to take bobcats.
In addition, the Commission has proposed to allow partially submerged snares to be used to take beaver. This proposed change should increase snare capture efficiency and eliminate problems caused by fluctuating water levels.
Section 322(c) of the code empowers the Commission to fix daily shooting or taking hours and devices that can be used. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The changes were proposed under this authority.
3. Regulatory Requirements
The proposed changes would set hours for hunting bobcats, require tagging of harvested bobcats and allow the use of electronic devices to take bobcats.
4. Persons Affected
Individuals wishing to hunt or trap bobcats or trap beaver would be affected.
Amendment to § 141.21
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 11, 2000, meeting proposed changing § 141.21 to allow the taking of female pheasants in a larger area of this Commonwealth. This change was proposed under the provisions of sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is required to set hunting and furtaking season 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.
It has become apparent that a larger area of this Commonwealth, for various reasons, is incapable of supporting a long-term wild pheasant population. Pheasants that are harvested in that area are essentially birds that were stocked by the Commission. To maximize the benefit of those stocked pheasants, the Commission has proposed allowing pheasants of either sex to be taken in the shaded areas of the map.
3. Regulatory Requirements
The proposed change will relax current regulatory requirements.
4. Comment and Paperwork Requirements
Persons wishing to hunt pheasants in this Commonwealth would be affected by the change.
Amendment to § 141.43
1. Introduction
To provide for the safety of hunters in the field and to provide more options to hunters wishing to take advantage of the muzzleloader deer season, the Commission at its January 11, 2000, meeting proposed changes to § 141.43, to require archers to wear daylight fluorescent orange-colored material during the proposed early flintlock muzzleloader season and to allow the use of muzzleloading pistols and maxi and mini ball ammunition during muzzleloading season. These changes are proposed under the authority contained in section 2102 of the code.
2. Purpose and Authority
As part of the proposed 2000-2001 seasons and bag limits, the Commission decided to propose a 3 day early flintlock muzzleloader antlerless deer season. Since this season would overlap the archery deer season, and, at some time in the future, may overlap turkey season it was decided to require archers to wear daylight fluorescent orange-colored material while moving. This necessitated changing § 141.43. In addition, to expand the variety of firearms and ammunition available during the muzzleloader deer season, the Commission proposed changing § 141.43 to allow the use of pistols and mini and maxi balls.
Section 2101(a) of the code directs the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife . . .'' This provision provides the authority for the proposed changes.
3. Regulatory Requirements
The proposed changes require the archery deer hunters to wear daylight fluorescent orange-colored material while moving during the early flintlock muzzleloader antlerless deer season. The other changes relax current restrictions.
4. Persons Affected
Those desiring to hunt that part of the archery deer season that overlaps with the early flintlock muzzleloader antlerless deer season will be affected by the proposed changes.
Amendment to § 141.45
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 11, 2000, meeting proposed changing § 141.45 to allow for the fact that Turkey Management Areas 1 and 9 have been split into Turkey Management Areas 1-A and 1-B and 9-A and 9-B. This change would be adopted under authority contained in sections 322(c)(4) and 2102(a) of the code.
2. Purpose and Authority
To better manage turkey populations in this Commonwealth, the Commission has split the turkey management areas, Nos. 1 and 9 in the more populous parts of the State, each into areas A and B, as is shown on the map in Chapter 141, Appendix C. The provision of § 141.45 prohibiting single projectile ammunition in those areas was not changed accordingly. The proposed change will make this adjustment.
Section 322(c)(4) of the code authorizes the Commission to define geographic limitations or restrictions. Section 2102(a) of the code directs the Commission to promulgate regulations it deems necessary and appropriate concerning hunting or furtaking. The proposed change would be adopted under this authority.
3. Regulatory Requirements
The proposed change will not change any regulatory requirements.
4. Persons Affected
Since the proposed change is essentially editorial, it will have no real impact.
Amendment to § 141.63
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed changing § 141.63 to reduce the minimum circumference of snare loops used in trapping beaver from 20 inches to 7 inches. This change would be adopted under authority contained in sections 322(c)(5) and 2102(a) of the code.
2. Purpose and Authority
In 1998, the Commission changed its trapping regulations to allow snaring of beaver but required that the snare be crimped so it closed to a minimum circumference of 20 inches. This minimum circumference has been very inefficient in snaring beaver. As a result, the Commission has proposed reducing the circumference to 7 inches.
Section 322(c)(5) of the code directs the Commission to: ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(a) of the code directs the Commission to promulgate regulations concerning the ''. . . ways, manner, methods and means of hunting or furtaking.'' The proposed change would be adopted under this authority.
3. Regulatory Requirements
The proposed change relaxes a restriction and should enable beaver trappers to be more successful.
4. Persons Affected
Individuals wishing to trap beaver with snares would be affected by the change.
Cost and Paperwork Requirements
The proposed changes should not result in any additional cost or paperwork.
Effective Date
The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the proposed rulemaking contact William L. Huston, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-119. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1 Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
(1) Hunt and kill deer through the use of a muzzleloading long gun or a shotgun, at least [20] .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.
* * * * * (4) Take deer with a shotgun 20 gauge or larger, using buckshot in the Southeast area only.
* * * * * § 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.
* * * * * (2) Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be taken any hour, day or night, except during restricted periods in paragraph (1), and wookchuck, coyote, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.
* * * * * § 141.5. Furbearer tagging requirements.
* * * * * (d) Bobcat tag. Bobcat lawfully taken with a special permit shall be tagged as required in § 147.701(8) (relating to general).
(e) Instructions for tags. When wildlife is required to be tagged under this section, it shall be unlawful to fail to follow instructions on or given with the tag for completion and attachment to the bird or animal.
§ 141.6. Illegal devices.
It is unlawful to:
(1) Use electronic calls to take wildlife except bobcats, foxes, raccoons, coyotes and crows.
(2) Use snares to take wildlife or furbearers except beavers may be taken with snares completely or partially submerged [under water] in water in a waterway or watercourse, marsh, pond or dam.
* * * * *
Subchapter C. BIG GAME § 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow during the archery season to:
* * * * * (3) Move about or relocate during that portion of the archery deer season that is concurrent with [the] any flintlock muzzleloading season (antlerless only) that precedes the regular firearms season for deer or is concurrent with fall turkey season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(4) Be on stand and stationary during that portion of the archery deer season that is concurrent with [the] any flintlock muzzleloading season (antlerless only) that precedes the regular firearms season for deer or is concurrent with fall turkey season without placing a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material, in lieu of the required 250 square inches, within 15 feet of their location so it is visible in a 360° arc.
(b) Muzzleloading season. Firearms lawful for use are original muzzleloading single-barrel [long] guns manufactured prior to 1800, or a similar reproduction of an original muzzleloading single-barrel [long] gun which:
(1) [Is fired from the shoulder.
(2)] Is .44 caliber or larger and has open sights.
[(3)] (2) Propels a single spherical lead ball [using] with a cloth patch or a maxi-ball or mini-ball.
* * * * * (d) Prohibitions. It is unlawful to:
* * * * * (3) Use or possess single projectile ammunition [or use or possess a projectile] other than [spherical lead ball] specified in subsection (b)(2).
* * * * * § 141.45. Turkey.
(a) While hunting wild turkey it is unlawful to:
* * * * * (4) Use or possess rifles or single projectile ammunition, except arrows, in Turkey Management [Area #1 and Turkey Management Area #9] Areas 1-A, 1-B, 9-A and 9-B.
* * * * *
Subchapter D. TRAPPING § 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of 34 Pa.C.S. § 2361(a)(11) (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:
* * * * * Snare--A looped galvanized or stainless stranded steel cable 3/32 inches in diameter equipped with a mechanical sliding metal release lock. A metal ferrule shall be crimped on the cable to prevent the snare loop from closing to a circumference less than [20] 7 inches.
* * * * *
APPENDIX B 
[Pa.B. Doc. No. 00-378. Filed for public inspection March 3, 2000, 9:00 a.m.]
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