RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 141]
Deer Hunting
[31 Pa.B. 4536] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 12, 2001, meeting, adopted the following changes:
Amend § 139.2 (relating to definitions) to define regular and special firearms deer seasons.
Amend § 141.43 (relating to deer) to allow the special firearms hunters the opportunity to cooperate with the early muzzleloader and archery hunters while hunting deer.
These amendments are adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to § 139.2
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission, at its April 10, 2001, meeting proposed, and at its June 12, 2001, meeting adopted, changing § 139.2 to add definitions of ''regular firearms deer season'' and ''special firearms deer season.'' Both terms are currently used in the code without being defined. These changes were adopted under the authority contained in sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission; and regulations).
2. Purpose and Authority
In the course of establishing various deer seasons, the Commission has used the terms ''regular firearms deer season'' and ''special firearms deer season.'' Neither of these terms is currently defined in the code. The adopted changes will remedy these deficiencies.
Both of the new terms will be used to fix and regulate deer seasons. Section 322(c) 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. These sections provide authority for the adopted additions.
3. Regulatory Requirements
No new regulatory requirements will be added by the adopted changes.
4. Persons Affected
Individuals wishing to hunt deer will be affected by the adopted changes.
Amendment to § 141.43
1. Introduction
To more effectively manage the deer population in this Commonwealth, the Commission has established some special firearms deer seasons prior to the regular seasons. Section 141.43(e) currently allows holders of appropriate licenses or stamps to cooperate with hunters using other firearms during seasons that run concurrently. Therefore, at its meeting held on April 10, 2001, the Commission proposed, and at its meeting held on June 12, 2001, the Commission adopted, changing § 141.43(e) to allow holders of appropriate licenses and permits to cooperate during the special firearms seasons where they run concurrently with the specified seasons. These changes were adopted under authority contained in sections 322(c)(6) and 2102(a) of the code.
2. Purpose and Authority
As was indicated in the introduction, § 141.43(e) currently allows archery, flintlock muzzleloader and muzzleloader deer hunters to cooperate when their seasons run concurrently. The adopted change adds to this list special firearms season deer hunters.
Section 322(c)(6) of the code directs the Commission to: ''Limit the number of hunters or furtakers in any designated area and prescribe the lawful methods of hunting or taking furbearers in these areas.'' Section 2102(a) of the code provides that: ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning . . . methods and means of hunting or furtaking . . . .'' These provisions provide the authority for the adopted changes.
3. Regulatory Requirements
No additional regulatory requirements will be imposed as a result of the adopted changes. In fact, the adopted changes will relax a restriction.
4. Persons Affected
Persons wishing to cooperate to hunt deer during special firearms seasons may be affected by the adopted changes.
Comment and Response Summary
No official comments were received regarding these adopted changes.
Cost and Paperwork Requirements
The adopted changes would not result in any 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 regarding these changes, contact 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 Chapters 139 and 141, are amended by amending §§ 139.2 and 141.43 to read as set forth at 31 Pa.B. 2931 (June 9, 2001).
(b) The Executive Director of the Commission shall submit this order and 31 Pa.B. 2931, to the Legislative Reference Bureau as required by law.
(c) This order is effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-131 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 01-1490. Filed for public inspection August 17, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
