RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[31 Pa.B. 2793]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 10, 2001, meeting, adopted the following change:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2001-2002 hunting license year.

   This amendment was adopted under the authority of 34 Pa.C.S. (relating to the 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 23, 2001, meeting proposed, and at its April 10, 2001, meeting adopted amendments to § 139.4 to provide for seasons and bag limits for the 2001-2002 license year. These seasons and bag limits were adopted under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission; and regulations). Notable changes for the 2001-2002 year include earlier antlerless deer seasons and increased opportunities to take antlerless deer, an elk hunting season for the first time in 70 years and increased small game hunting opportunities.

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.

   The changes that have been adopted for the 2001-2002 season are primarily intended to increase the harvest of antlerless deer, allow the limited taking of elk and to maximize recreational opportunities where game and wildlife populations allow. Major changes are as follows:

   1.  The thrust of the deer seasons for 2001-2002 is to emphasize the taking of antlerless deer, the main mechanism by which deer populations are controlled, and to limit the harvesting of antlered deer. As a result, the rifle antlerless season will begin on the same day as the rifle antlered deer season and run concurrently with that season. There will also again be an early (October) antlerless muzzleloader season and a similar rifle season for junior and senior license holders, disabled person permit holders and those serving on active duty in the armed forces.

   It should be noted that the regular antlerless season originally proposed to start on a Saturday will now start on the following Monday.

   2.  In the act of December 20, 2000 (P. L. 452, No. 111) (Act 111), the Commission was authorized to issue elk hunting licenses. The elk population in this Commonwealth has reached the point where a limited hunt will not jeopardize the population and there are more and more elk-human conflicts. The Commission has adopted a 6-day elk season for those issued an elk hunting license.

   3.  The Commission has generally expanded the late small game hunting season.

   4.  Turkey Management Area #9-A has been closed to fall turkey hunting.

3.  Regulatory Requirements

   These 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

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

5.  Comment and Response Summary

   Comments with regard to the proposed changes to the deer seasons ran roughly evenly for and against. A great deal of concern was expressed with regard to starting the antlerless season on Saturday. The Commission has therefore changed the start of that season to the following Monday.

6.  Cost and Paperwork Requirements

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

7.  Effective Dates

   The effective dates of the rulemaking are July 1, 2001, to June 30, 2002.

8.  Contact Person

   For further information on the changes, the contact person is David E. Overcash, 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 statute.

Order

   The Commission, acting under authorizing statute, orders that:

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

   (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.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  Fiscal note 48-127 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.

(SEASONS AND BAG LIMITS TABLE)

2001-2002 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 species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 6		Oct. 8	6	12
Squirrels--(Combined species)	Oct. 13		Nov. 24	6	12
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Feb. 9, 2002
Ruffed Grouse--(Statewide)	Oct. 13		Nov. 24	2	4
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Jan. 12, 2002
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. 27		Nov. 24	4	8
		and
	Dec. 10		Dec. 24
		and
	Dec. 26		Feb. 9, 2002
Ringneck Pheasant--Male only	Oct. 27		Nov. 24	2	4
Ringneck Pheasant--Male or female	Oct. 27		Nov. 24	2	4
combined when hunting in designated		and
hen shooting area	Dec. 10		Dec. 24
		and
	Dec. 26		Feb. 9, 2002

					Field
					Possession
				Daily	Limit After
Species	First Day		Last Day	Limit	First Day
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. 27		Nov. 24	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2002	1	2
Woodchucks (Groundhog)	No closed season except during the antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season			Unlimited

				Daily	Season
Species	First Day		Last Day	Limit	Limit
Turkey--Male or Female				1	1
Management Areas
#1-A, 1-B, 2 & 7-A	Oct. 27		Nov. 10
Management Areas
#3, 4, 5, 6 & 8	Oct. 27		Nov. 17
Management Area #7-B	Oct. 27		Nov. 3
Management Area #9-A	Closed to fall turkey hunting
Management Area #9-B	Oct. 27		Nov. 3
Turkey (Spring Gobbler) Statewide Bearded Bird only	April 27, 2002		May 25, 2002	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.

					Field
					Possession
				Daily	Limit After
Species	First Day		Last Day	Limit	First Day
Crows	July 1		Nov. 25	Unlimited
(Hunting permitted on Friday, Saturday		and
and Sunday only)	Dec. 28		April 7, 2002
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 species)	Sept. 1		Mar. 31, 2002	6	12
Quail	Sept. 1		Mar. 31, 2002	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2002	2	4
Cottontail Rabbits	Sept. 1		Mar. 31, 2002	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2002	1	2
Ringneck Pheasant--Male and Female--(Combined)	Sept. 1		Mar. 31, 2002	2	4

   Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

DEER

					Deer
					Field
				Daily	Possession
Species	First Day		Last Day	Limit	Limit
Deer, Antlered1	Sept. 29		Nov. 10	One antlered.
with 2 or more points to an		and
antler or a spike 3 or more inches long	Dec. 26		Jan. 12, 2002
(Archery--Bows and Arrows Only)
Deer, Antlerless	Sept. 29		Nov. 10	An antlerless deer
(Archery--Bows and Arrows Only)		and		with each required
	Dec. 26		Jan. 12, 2002	antlerless license.
Deer, Regular Antlered--(Statewide)1	Nov. 26		Dec. 8	One antlered.
with 2 or more points to an antler or a spike 3 or more inches long
Deer, Antlerless--(Statewide)	Oct. 18		Oct. 20	An antlerless deer
Only Junior and Senior License Holders,2				with each required
Disabled Person Permit (to use a vehicle)				antlerless license.
Holders and Residents serving on active duty in the U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license
Deer, Regular Antlerless--(Statewide)3	Nov. 26		Dec. 8	An antlerless deer
				with each required antlerless license.
Deer, Antlerless only--(Statewide)	Oct. 13		Oct. 20	An antlerless deer
(Flintlock Muzzleloading				with each required
firearms only)				antlerless license.
Deer, Antlered or Antlerless--(Statewide)1	Dec. 26		Jan. 12, 2002	One antlered, or
(Flintlock Muzzleloading				one antlerless-plus
firearms only)				an additional antlerless deer with each required antlerless license.
Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.			An anterless deer with each required antlerless license.

SPECIAL REGULATIONS AREAS SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY

				Daily	Season
Species	First Day		Last Day	Limit	Limit
Deer, Antlered1	Sept. 29		Nov. 10	One antlered.
with 2 or more points to an		and
antler or a spike 3 or more inches long	Dec. 26		Jan. 12, 2002
(Archery--Bows and Arrows Only)
Deer, Antlerless	Sept. 29		Nov. 10	An antlerless deer
(Archery--Bows and Arrows Only)		and		with each required
	Dec. 26		Jan. 12, 2002	antlerless license.
Deer, Antlered1	Nov. 26		Dec. 8	One antlered deer.
with 2 or more points to an antler or a spike 3 or more inches long
Deer, Antlerless	Nov. 26		Dec. 8	An antlerless deer
		and		with each required
	Dec. 26		Jan. 12, 2002	antlerless license.
BEAR
Bear, any age	Nov. 19		Nov. 21	1	1
ELK
Elk, Antlered4	Nov. 12		Nov. 17	1	1
Elk, Antlerless4	Nov. 12		Nov. 17	1	1

FURTAKING--TRAPPING

Minks and Muskrats--(Statewide)	Nov. 17		Jan. 13, 2002	Unlimited
Beaver--(Statewide)	Dec. 26		Mar. 31, 2002
Zones 1 & 2 (except McKean, Potter and Tioga Counties)				20	20
Zone 2 McKean, Potter and Tioga Counties				20	40
Zone 3				20	40
Zones 4 & 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide)	Oct. 14		Feb. 23, 2002	Unlimited
Bobcat (Zones 2 & 3)5	Oct. 14		Feb. 23, 2002	1	1

FURTAKING--HUNTING

				Daily	Season
Species	First Day		Last Day	Limit	Limit
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. 13		Feb. 23, 2002	Unlimited
Bobcat (Zones 2 & 3)5	Oct. 13		Feb. 23, 2002	1	1

   No open seasons on other wild birds or wild mammals.

   ¹ Only one antlered deer (buck) may be taken during the hunting license year.

   ² Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

   ³ The Executive Director is hereby authorized to extend, by order, in accordance with § 139.3, this season by 1 day either Statewide or on a designated area basis when it appears, after polling the Commissioners and regional offices, that there has been an underharvest of antlerless deer. Public notice of the extension shall be given by extensive publication.

   ⁴ The Executive Director is hereby authorized to extend, by order, in accordance with § 139.3, this season by 5 days from December 26, 2001, to December 31, 2001, (excluding Sunday), if the harvest quota is not met during the first season. If the quota is not met during the first extension, a second 5 day extension from January 2, 2002, to January 7, 2002, (excluding Sunday) may be ordered.

   ⁵ Bobcat may only be taken by furtakers in possession of a Bobcat Hunting--Trapping Permit.

[Pa.B. Doc. No. 01-939. Filed for public inspection June 1, 2001, 9:00 a.m.]

[31 Pa.B. 2797]

 

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