RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Special Regulations Areas; Permitted Devices
[31 Pa.B. 1370] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2001, meeting, adopted the following changes:
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 amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to § 141.1
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on October 12, 2000, proposed, and at its January 23, 2001, meeting finally adopted changes to § 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 were adopted 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 eliminated the use of all firearms in Philadelphia County, except buckshot with specific authorization of the Director; eliminated the use of buckshot in Allegheny County except with specific authorization of the Director; and eliminated 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 amendment was made under that authority.
3. Regulatory Requirements
The adoption 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 adoption 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 changes.
Amendment to § 141.18
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on October 12, 2000, proposed, and at its January 23, 2001, meeting finally adopted, adding § 141.18 to authorize the use of firearms with electronic impulse ignition systems while hunting. This change is adopted under section 2102(d) of the code.
2. Purpose and Authority
Section 141.6(6) 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 section 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 adopted section.
3. Regulatory Requirements
The adopted 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.
Comment and Response Summary
No official comments were received with regard to the adopted changes.
Cost and Paperwork Requirements
The adopted changes should not result in additional cost or paperwork.
Effective Date
The adopted 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.
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 in 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.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.1, and by adding § 141.18, 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 shall become effective upon final publication in the Pennsylvania Bulletin.
DAVID E. OVERCASH,
Acting DirectorFiscal Note: Fiscal Note 48-125 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
(a) Name. The areas shall be known and referred to as special regulations areas.
(b) Descriptions.
(1) Southwest area. Includes the County of Allegheny.
(2) Southeast area. Includes the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.
(c) Prohibitions.
(1) Except as provided in subsection (d), it is unlawful to take, kill or attempt to take or kill wildlife through the use of a 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 use buckshot in Allegheny or Philadelphia Counties without specific authorization of the Director.
(d) Permitted acts. It is lawful to:
(1) Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer through the use of a muzzleloading firearm or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.
(2) Take deer with a shotgun 20 gauge or larger--including semiautomatic--using buckshot in the Southeast area only.
(3) Take small game, furbearing animals, crows or wildlife with a manually operated .22 caliber rimfire rifle or handgun.
(4) Kill an animal legally caught in a trap with a manually operated .22 caliber rimfire rifle or handgun while trapping.
§ 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. 01-403. Filed for public inspection March 9, 2001, 9:00 a.m.]
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