PROPOSED RULEMAKING

GAME COMMISSION

[58 PA.CODE CH. 139]

Seasons and Bag Limits

[32 Pa.B. 1401]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 15, 2002, meeting, proposed the following amendments:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2002-2003 hunting license year.

   This amendment will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   This proposal was made public at the January 15, 2002, meeting of the Commission, and comments on this proposal can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 29, 2002.

1.  Introduction

   The Commission is proposing amendments to § 139.4 to provide for seasons and bag limits for the 2002-2003 license year. These seasons and bag limits were proposedunder sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission; and regulations). Major changes for the 2002-2003 year include a new ringneck pheasant season for eligible junior hunters only; eligible junior hunters only will be able to take an antlerless deer with their general license tag in any antlerless deer season; an antler size restriction on antlered deer; and a separate additional bear season for the counties of Carbon, Monroe and Pike.

2.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. 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.

   Major changes that have been proposed for the 2002-2003 season are primarily intended to increase the hunting opportunities for eligible junior hunters, decrease the harvest of antlered deer while encouraging the harvest of antlerless deer and decrease the amount of damage caused by bears in the counties of Carbon, Monroe and Pike. Major changes are as follows:

   1.  A concurrent antlered and antlerless deer season will continue to encourage the harvesting of antlerless deer while a size limitation on the antlers of antlered deer that can be legally harvested should discourage the harvesting of antlered deer. There will be an early muzzleloader season which may allow the use of any muzzleloading long gun if follow-up amendments are adopted.

   2.  Junior hunters will be given increased opportunities by way of a separate ringneck pheasant hunting season and the ability to harvest an antlerless deer with their general hunting tag during any antlerless deer season.

   3.  There will be an additional separate 6 day bear season in Carbon, Monroe and Pike Counties to try to reduce the population and, as a result, the damage caused by bears.

   4.  A week has been added to the fall turkey season in Turkey Management Area #7-A.

3.  Regulatory Requirements

   These proposed 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

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

5.  Cost and Paperwork Requirements

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

6.  Effective Dates

   The effective dates are July 1, 2002, to June 30, 2003.

7.  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.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: 48-138.  No fiscal impact; (8) recommends adoption.

   (Editor's Note:  The Commission is proposing to delete the current version of § 139.4 as it appears at Pennsylvania Code pages 139-3 to 139-11 (serial pages (280063) to (280071)) and replace it with the version that follows.)

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.

2002-2003 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT

OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Species      Limit	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrels--(Combined species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 12		Oct. 14	6	12
Squirrels--(Combined species)	Oct. 19   Dec. 16   Dec. 26	and   and	Nov. 30   Dec. 24   Feb. 8, 2003	6	12
Ruffed Grouse--(Statewide)	Oct. 19   Dec. 16   Dec. 26	and   and	Nov. 30   Dec. 24   Jan. 11, 2003	2	4
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	Nov. 2   Dec. 16   Dec. 26	and   and	Nov. 30   Dec. 24   Feb. 8, 2003	4	8
Ringneck Pheasant--Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 12		Oct. 14	2	2
Ringneck Pheasant--Male only	Nov. 2		Nov. 30	2	4
Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area	Nov. 2   Dec. 16   Dec. 26	and   and	Nov. 30   Dec. 24   Feb. 8, 2003	2	4
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.	Nov. 2		Nov. 30	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2003	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

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey--Male or Female				1	1
Management Areas    #1-A, 2, 3, 4, 5, 6, 7-A & 8	Nov. 2		Nov. 23
Management Area #1-B	Nov. 2		Nov. 16
Management Area #7-B	Nov. 4		Nov. 9
Management Area #9-A	Closed to fall turkey hunting
Management Area #9-B	Nov. 2		Nov. 9
Turkey (Spring Gobbler) Statewide Bearded Bird only	April 26, 2003		May 24, 2003	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.

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Crows (Hunting permitted on Friday, Saturday and Sunday only)	July 5   Dec. 27	and	Dec. 1   April 6, 2003	Unlimited
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, 2003	6	12
Quail	Sept. 1		Mar. 31, 2003	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2003	2	4
Cottontail Rabbits	Sept. 1		Mar. 31, 2003	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2003	1	2
Ringneck Pheasant--Male and Female-- (Combined)	Sept. 1		Mar. 31, 2003	2	4

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

DEER

Species	First Day		Last Day	Season Limit	Field Possession Limit
Deer, Antlered--(Statewide)1 (Archery--Bows and Arrows Only)	Oct. 5   Dec. 26	and	Nov. 16   Jan. 11, 2003	1	One antlered.
Species	First Day		Last Day	Season Limit	Field Possession Limit
Deer, Antlerless--(Statewide) (Archery--Bows and Arrows Only)	Oct. 5   Dec. 26	and	Nov. 16   Jan. 11, 2003	An antlerless deer4 with each required and antlerless license.
Deer, Regular Antlered--(Statewide)1	Dec. 2		Dec. 14	1	One antlered.
Deer, Antlerless only--(Statewide) Only Junior and Senior License Holders,2 Disabled Person Permit (to use a vehicle) Holders and Residents serving on active duty in the U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license	Oct. 24		Oct. 26	An antlerless deer4 with each required antlerless license
Deer, Regular Antlerless--(Statewide)	Dec. 2		Dec. 14	An antlerless deer4 with each required antlerless license.
Deer, Antlerless only--(Statewide) (Any muzzleloading long gun)6	Oct. 19		Oct. 26	An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)1 (Flintlock Muzzleloading firearms only)	Dec. 26		Jan. 11, 2003	One antlered, or one antlerless--plus 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 antlerless deer4 with each required antlerless license.

SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY

Species	First Day		Last Day	Season Limit	Field Possession Limit
Deer, Antlered1 (Archery--Bows and Arrows Only)	Oct. 5   Dec. 26	and	Nov. 16   Jan. 11, 2003	1	One antlered.
Deer, Antlerless (Archery--Bows and Arrows Only)	Oct. 5   Dec. 26	and	Nov. 16   Jan. 11, 2003	An antlerless deer4 with each required antlerless license.
Deer, Regular Antlered1	Dec. 2		Dec. 14	1	One antlered.
Deer, Regular Antlerless	Dec. 2   Dec. 26	and	Dec. 14   Jan. 11, 2003	An antlerless deer4 with each required antlerless license.

BEAR

Species	First Day		Last Day	Daily Limit	Season Possession Limit
Bear, any age--(Statewide)5	Nov. 25		Nov. 27	1	1
Bear, any age5 (Carbon, Monroe and Pike Counties)	Dec. 2		Dec. 7	1	1
ELK
Elk, Antlered	Nov. 18		Nov. 23	1	1
Elk, Antlerless	Nov. 18		Nov. 23	1	1
Species	First Day		Last Day	Daily Limit	Season Possession Limit
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 23		Jan. 11, 2003	Unlimited
Beaver--(Statewide)	Dec. 26		Mar. 31, 2003
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. 20		Feb. 22, 2003	Unlimited
Bobcat (Zones 2 & 3)3	Oct. 20		Feb. 22, 2003	1	1

FURTAKING--HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyotes--(Statewide)	No closed season. Coyotes may be taken from the first day to the last day inclusive of any deer or bear season only by persons lawfully engaged in hunting deer or bear and have a valid tag, or during the spring gobbler turkey season by persons 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. 19		Feb. 22, 2003	Unlimited
Bobcat (Zones 2 & 3)3	Oct. 19		Feb. 22, 2003	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 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit.

⁴ Properly licensed junior hunters may use their general license tag as an antlerless tag Statewide.

⁵ Only one bear may be taken during the hunting license year.

⁶ Subject to the provisions of § 141.43 (relating to deer).

[Pa.B. Doc. No. 02-420. Filed for public inspection March 15, 2002, 9:00 a.m.]

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