PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Deer; Muzzleloading
[32 Pa.B. 2889] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendment:
Amend § 141.43 (relating to deer) by allowing any long gun muzzleloading firearm to be used in the early muzzleloading season to make available more options and opportunities to hunters.
This proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposal was made public at the April 9, 2002, meeting of the Commission and comments on the proposal can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.
1. Introduction
The Commission is proposing to amend § 141.43 to allow any long gun muzzleloading firearm to be used in the early muzzleloading season. This will make available more options and opportunities to hunters.
2. Purpose and Authority
Under the current provisions of § 141.43, those wishing to hunt deer during the flintlock muzzleloading and muzzleloading seasons are limited to single-barrel long guns manufactured prior to 1800 or a similar reproduction. Although this provided a primitive touch to the seasons, it severely limits the options available to those wishing to hunt deer during those seasons. As a result, the Commission is proposing to amend § 141.43 to allow the use of any .44 caliber or larger muzzleloading single barrel long gun during the early muzzleloading season.
Section 322(c)(5) of the code (relating to powers and duties of commission) authorizes the Commission to fix the type and number of devices which may be used to take game and wildlife. Section 2102(d) of the code (relating to regulations) directs the Commission to promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the device may be used for and the season when the device may be used.
3. Regulatory Requirements
The proposed amendment will authorize the use of any muzzleloading long gun during the early muzzleloading season, easing current restrictions.
4. Persons Affected
Individuals wishing to hunt with muzzleloading long guns during the early muzzleloader season will be affected by this proposal.
5. Cost and Paperwork Requirements
The proposed amendment should not result in any additional cost or paperwork.
6. Effective Date
The proposed amendment will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this proposed amendment, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-142. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
* * * * * (b) Flintlock muzzleloading [and muzzleloading] season. Firearms lawful for use are original muzzleloading single-barrel long guns manufactured prior to 1800, or a similar reproduction of an original muzzleloading single-barrel long gun which:
* * * * * (d) Prohibitions. [It] While hunting deer during the flintlock muzzleloading season it is unlawful to:
* * * * * (3) Use or possess single projectile ammunition other than specified in subsection (b)(2) and in section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(4) Hunt, take or attempt to take deer through the use of a device not specifically described in [this] subsection (b) or (c).
(5) Hunt for or assist to hunt for deer during any flintlock muzzleloading [or muzzleloading] season that precedes the regular firearms season for deer without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc.
(e) Muzzleloading season. Firearms lawful for use are muzzleloading single-barrel long guns which:
(1) Are .44 caliber or larger.
(2) Propel single projectile ammunition.
(f) Prohibitions. While hunting deer during muzzleloading season it is unlawful to:
(1) Use or possess single projectile ammunition other than specified in subsection (e)(2) and in section 2322(a)(4) of the act.
(2) Hunt, take or attempt to take deer through the use of a device not specifically described in subsection (e).
(3) Hunt for or assist to hunt for deer during any muzzleloading season for deer without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc.
(g) Archery, special firearms, flintlock muzzleloader and muzzleloader seasons. When archery, special firearms, flintlock muzzleloader or muzzleloader seasons run concurrently, holders of any of the appropriate licenses or stamps may cooperate if pertinent provisions of this section and the act are met.
[(f)] (h) * * *
[Pa.B. Doc. No. 02-1051. Filed for public inspection June 14, 2002, 9:00 a.m.]
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