PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Special Regulations Areas; Permitted Devices
[30 Pa.B. 6913] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 12, 2000, meeting proposed the following amendments to 58 Pa. Code:
Amend § 141.1 (relating to special regulations areas) to add language and clear up existing language making it unlawful to hunt with firearms in Philadelphia County, except buckshot with specific authorization of the Director, to hunt deer with buckshot in Allegheny County, except with specific authorization of the Director, and to hunt with modern handguns in any special regulations areas. This amendment will also clear up existing language making it lawful to use buckshot in any county in the southeast special regulations areas except Philadelphia with permission.
Amend § 141.18 (relating to permitted devices) to authorize the use of firearms with electronic impulse ignition systems while hunting.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
These proposals were made public at the October 12, 2000, meeting of the Commission, and comments on these proposals can be sent to the Executive Director of the Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 15, 2001.
Proposed Amendment to § 141.1.
1. Introduction
The Commission at its meeting held on October 12, 2000, proposed changing § 141.1 to make it unlawful to hunt with firearms in Philadelphia County, except buckshot with authorization of the Director; to make it lawful to use buckshot, including semiautomatics, to take deer in the remaining counties in the southeast special regulations area; to make it unlawful to hunt with buckshot in Allegheny County without specific authorization of the Director; and to make it unlawful to hunt with modern handguns in any special regulations area. These changes are proposed under section 2102(d) of the code (relating to regulations).
2. Purpose and Authority
Safety is always a concern in the highly developed counties of the special regulations areas. In addition, areas that can be legally hunted in those areas are very limited. Acknowledging these facts, the Commission has proposed eliminating the use of all firearms in Philadelphia County, except buckshot with specific authorization of the Director; eliminating the use of buckshot in Allegheny County except with specific authorization of the Director; and eliminating the use of modern handguns in all special regulations areas.
Section 2102(d) of the code directs the Commission to ''. . . promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used. . .'' The proposal is made under this authority.
3. Regulatory Requirements
The proposal will add language and clear up existing language making it unlawful to hunt with firearms in Philadelphia County, except buckshot with specific authorization of the Director, to hunt deer with buckshot in Allegheny County, except with specific authorization of the Director, and to hunt with modern handguns in any special regulations area. The proposal will also clear up existing language making it lawful to use buckshot in any county in the southeast special regulations area except Philadelphia with permission.
4. Persons Affected
Individuals wishing to hunt in special regulations areas will be affected by the proposed changes.
Proposed Addition of § 141.18
1. Introduction
The Commission at its meeting held on October 12, 2000, proposed adding § 141.18 to authorize the use of firearms with electronic impulse ignition systems while hunting. This change is proposed under authority contained in section 2102(d) of the code.
2. Purpose and Authority
Section 141.6(6) (relating to illegal devices), provides that it is unlawful to ''hunt or take wildlife through the use of an electronic contrivance or device not permitted by Commission regulation.'' In the spring of 2000, the legality of the use of Remington's Etron-X ignition system was called into question. After review by a standing committee, the Commission staff has concluded that the system does not make a firearm significantly different from existing lawful firearms. The only difference is that electronic circuitry is used to detonate the special primer.
The proposed regulation will eliminate any doubt with regard to the legality of using electronic impulse detonating systems. Section 2102(d) of the code directs the Commission to ''. . . promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used. . .'' to hunt. This provision provides authority for the proposed rulemaking.
3. Regulatory Requirements
The proposed section will expand what is currently allowed.
4. Persons Affected
Individuals wishing to use firearms equipped with electronic ignition systems to hunt will be allowed to do so.
Cost and Paperwork Requirements
The proposed changes should not result in any additional cost or paperwork.
Effective Date
The proposed 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 change, contact David E. Overcash, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-125. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (c) Prohibitions.
(1) [It] Except as provided in subsection (d), it is unlawful to take, kill or attempt to take or kill wildlife through the use of a [rifle] firearm of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for employes of political subdivisions and other persons who have a valid deer control permit issued under the authority of Chapter 29 of the act (relating to special licenses and permits).
(2) [It is unlawful to hunt or kill wildlife in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, with a firearm that discharges a single-projectile or to possess single-projectile ammunition.]
It is unlawful to use buckshot in Allegheny or Philadelphia Counties without specific authorization of the Director.
(d) Permitted acts. It is lawful to:
* * * * * (2) [Use buckshot in designated parts of Philadelphia with authorization of the Director.
(3) Use a shotgun at least 20 gauge--including semiautomatic--with buckshot ammunition only, to take deer within the boundary of Ridley Creek State Park and Tyler State Park.
(4)] Take deer with a shotgun 20 gauge or larger[,]--including semiautomatic--using buckshot in the Southeast area only.
[(5)] (3) * * *
[(6)] (4) * * *
§ 141.18. Permitted devices.
The following devices may be used to hunt or take wildlife:
Any manually operated firearm that uses an electronic impulse to detonate the primer or main powder charge of the cartridge unless manually operated firearms are a specifically prohibited device.
[Pa.B. Doc. No. 00-2262. Filed for public inspection December 29, 2000, 9:00 a.m.]
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