RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 131, 139, 141 AND 143]
Seasons and Bag Limits; Hunting Hours; Small Game; Elk Licenses
[32 Pa.B. 3945]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, adopted the following changes:
Amend § 131.2 (relating to definitions) by defining the terms ''arrow,'' ''bow,'' ''broadhead'' and ''crossbow bolt'' to help avoid confusion and misinterpretation.
Amend § 139.2 (relating to definitions) by redefining the terms ''antlered deer,'' defining ''point'' and ''protected deer.''
Amend § 141.4 (relating to hunting hours) to specify when coyotes may be taken during deer or bear seasons; § 141.22(c) (relating to small game) to allow licensed furtakers to trap nuisance woodchucks for farmers; and § 141.48 (relating to elk management areas) by combining some of the elk management areas to provide fewer, but larger management areas.
Amend § 143.203 (relating to drawing) to eliminate reference to the 2001 license year and to establish that the number of licenses issued be set by the Commission.
This final-form rulemaking was adopted under 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to § 131.2
1. Introduction
Due to the many new technologies in the archery equipment field, the Commission believes it is necessary to define certain terms for regulatory purposes. The Commission, at its January 15, 2002, meeting proposed, and at its April 9, 2002, meeting finally adopted, adding definitions of ''arrow,'' ''bow,'' ''broadhead'' and ''crossbow bolt'' to § 131.2. This adoption is being made under section 2102 of the code (relating to regulations).
2. Purpose and Authority
Advancements in technology and archery hunting techniques have made it apparent that certain terms need to be defined for regulatory purposes. The Commission has added the previously mentioned definitions to § 131.2. These definitions should help clarify regulatory requirements and avoid confusion.
Section 2102(a) of the code directs the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking . . . .'' Section 2102(d) of the code also directs the Commission to promulgate regulations stipulating '' . . . the type of firearms and ammunition and other devices which may be used . . .'' The change was adopted under this authority.
3. Regulatory Requirements
The additions merely define the terms ''arrow,'' ''bow,'' ''broadhead'' and ''crossbow bolt.'' These definitions may exclude the use of certain devices.
4. Persons Affected
Individuals wishing to hunt using bows and arrows and crossbows will be affected by this final-form rulemaking.
5. Comment and Response Summary
No official comments were received with regard to this final-form rulemaking.
Amendment to § 139.2
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 15, 2002, meeting proposed, and at its April 9, 2002, meeting finally adopted, changes to § 139.2 by adding the definitions of ''protected deer'' and ''point'' and amended the definition of ''antlered deer.'' These changes were proposed under section 322(c)(1) of the code (relating to powers and duties of the commission) and section 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is finally adopting that an antlered deer, legal for harvest, have four or more points to an antler in ten counties and three or more points to an antler in all other counties, except for the Special Regulations Areas and junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard where it would have two or more points to one antler, or with one antler 3 inches or more in length. This requires changing the definition of ''antlered deer'' and defining the term ''point.'' This final-form rulemaking also creates a category of deer that do not meet the definition of ''antlered deer'' or ''antlerless deer'' and therefore must be defined as ''protected deer'' since they may not be legally taken in any deer season. The adopted additions to § 139.2 would accomplish this purpose.
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, seasons and possession limits for any species of game or wildlife.'' Section 2102(b) of the code mandates that the Commission promulgates regulations relating to seasons and bag limits. These sections provide the authority for the adopted changes.
3. Regulatory Requirements
The changes to ''antlered deer'' redefine what a legal antlered deer is. The addition of the definition of ''point'' will facilitate requiring deer hunters to identify points. The addition of the definition of ''protected deer'' provides for a deer that does not meet the definition of ''antlered deer'' or ''antlerless deer.''
4. Persons Affected
Individuals wishing to hunt deer will be affected by this adoption.
5. Comment and Response Summary
A total of 7,049 official comments were received with regard to the definition of ''antlered deer.'' Those supporting cited several views including the opportunity to harvest deer in future seasons with larger antlers and improvement of overall health of this Commonwealth's deer herd. Those opposing did so because they feared difficulty in identifying or counting points in forest conditions; that antler restrictions would lead to a trophy hunting mentality and results in closing of private land; that any buck they had harvested in the past was a unique trophy.
No official comments were received with regard to the remaining adopted changes.
Amendments to §§ 141.4 and 141.22
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 15, 2002, meeting proposed, and at its April 9, 2002, meeting finally adopted, changing § 141.4(1) by allowing coyotes to be taken during deer and bear season only by persons who are lawfully engaged in hunting deer or bear and who possess a valid tag, and by adding § 141.22(c) to allow licensed furtakers to trap nuisance woodchucks for farmers.
2. Purpose and Authority
The Commission has allowed hunters who possess a valid deer tag to hunt coyotes during deer season and to hunt coyotes during bear season regardless of tag. Coyote hunters taking advantage of this opportunity were not mandated to comply with fluorescent orange or hunting hour requirements. This change would allow hunters to take coyotes during the deer and bear season only while engaged in lawfully hunting deer and bear. Hunters would therefore have to possess a valid tag and comply with other restrictions pertaining to deer and bear hunting including wearing of fluorescent orange, or possess a valid furtaker's license and wear 250 square inches of daylight fluorescent orange-colored material on the head chest and back combined visible in a 360° arc from 2 hours before sunrise to 2 hours after sunset.
Woodchucks cause damage to farmer's fields, crops and equipment. Farmers have asked the Commission to allow furtakers to assist them in controlling nuisance woodchucks by allowing furtakers to trap woodchucks with the farmer's permission.
Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The changes were adopted under this authority.
3. Regulatory Requirements
The adopted changes would relax the requirements for taking woodchucks, and further restrict coyote hunters.
4. Persons Affected
Farmers, furtakers and coyote hunters would be affected.
5. Comment and Response Summary
No official comments were received with regard to these adopted changes.
Amendments to §§ 141.48 and 143.203
1. Introduction
To effectively manage the Commonwealth's growing elk herd, the Commission, at its January 15, 2002, meeting proposed, and at its April 9, 2002, meeting finally adopted, changing § 141.48 by combining some of the elk management areas to provide fewer, but larger management areas and changing § 143.203 to eliminate the reference to the 2001 license year and to have the number of elk licenses issued set by the Commission.
2. Purpose and Authority
In the 2001-2002 license year, the Commission issued 30 licenses to allow hunters to harvest elk for the first time in this Commonwealth since 1932. After reviewing harvest data, biologists have determined that the Commission can more effectively manage the elk herd by creating fewer but larger management areas, which requires changing § 141.48.
Section 143.203(e) needs to be changed to eliminate the reference to the year 2001 and to establish that the number of licenses issued are set by the Commission. This section currently states the number shall be set by the Bureau of Wildlife Management with concurrence of the Executive Director.
Section 2102(a) of the code authorizes the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting . . ..''
Section 2705(15) of the code (relating to classes of licenses) provides that: ''To ensure sound management of the wild elk population of this Commonwealth, the Commission may promulgate regulations to establish a limited number of licenses.''
These provisions provide the statutory authority for the adopted changes.
3. Regulatory Requirements
The amendments would create fewer, larger elk management areas and require that the Commission set the number of elk licenses issued.
4. Persons Affected
Individuals wishing to hunt elk will be affected.
5. Comment and Response Summary
No official comments were received with regard to these adopted changes.
Cost and Paperwork Requirements
The adopted changes should not result in any additional cost or paperwork.
Effective Dates
The adopted changes will be effective upon 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 131, 139, 141 and 143, are amended by amending §§ 131.2, 139.2, 141.4, 141.22, 141.48 and Appendix F and § 143.203 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.
VERNON R. ROSS,
Executive Director
Fiscal Note: Fiscal Note 48-139 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS
§ 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
Act--Title 34 of the Pennsylvania Consolidated Statutes (relating to the Game and Wildlife Code).
Arrow--A projectile shot from a bow with an overall length exceeding the brace height of the bow with fletching designed only for guidance at the aft end and a broadhead mounted on the fore end. No electronic device may be a part of or attached to the arrow. No device, material or system capable of causing damage or injury to the animal in excess of that inflicted by the cutting edges of the broadhead may be a part of or attached to any arrow.
Beekeeper's agent--A person who accepts the responsibility of bees, hives and related equipment in the absence of the owner, and who is willing and able to reset disrupted hives, maintain fencing where present and report damage done by bears to the nearest available Commission officer as soon as practical, but, in any event, within 10 days of the damage. The agent shall be domiciled within 300 yards of the beehives.
Bow--In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. A track, trough, channel or other device capable of mechanically holding the bow at full or partial draw may not be attached to the bow. The bowstring shall be drawn, held and released as a direct and conscious action of the shooter. Release shall be accomplished by either relaxing the tension of the fingers or triggering the release action of a manually held release aid. A bow shall have a peak draw weight not less than 35 pounds.
Broadhead--Shall have an outside diameter or width of at least 7/8 inch with no less than two cutting edges. Cutting edges shall be in the same plane throughout the length of the cutting surface. Broadheads may not exceed 3 inches in length measured from the tip of the broadhead to the point that fits against the arrow shaft.
Commission--The Game Commission of the Commonwealth.
Crossbow--A device consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism, has a mechancial safety and propels an arrow.
Crossbow bolt--An arrow propelled by a crossbow.
Deputy Game Commission officer--A deputy wildlife conservation officer.
Director--The Executive Director of the Commission.
Driving--An act accomplished when one or more persons chase or flush, or attempt to chase or flush, wildlife towards or in the general direction of other persons, or when two or more persons travel in the same general direction to chase or flush, or attempt to chase or flush, wildlife into view.
Game Commission officer--A wildlife conservation officer.
Import--To bring or have transported into this Commonwealth.
Institutions of higher learning--Colleges and universities accredited by the Department of Education.
Protected birds--See § 133.2 (relating to protected birds).
Protected mammals--See § 133.1 (relating to protected mammals).
Sustained yield--As used in section 546(b)(2) of the act (relating to limitation on expenditures for deterrent fencing), continuous and planned forest production through accepted forestry management practices.
CHAPTER 139. SEASONS AND BAG LIMITS
§ 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Antlered deer--
(i) In the counties of Armstrong, Beaver, Butler, Crawford, Erie, Indiana, Lawrence, Mercer, Washington and Westmoreland a deer having four or more points to one antler.
(ii) In the counties of Allegheny, Bucks, Chester, Delaware, Montgomery and Philadelphia a deer having two or more points to one antler, or with one antler 3 inches or more in length.
(iii) In all other counties, a deer having three or more points to one antler.
(iv) In all counties, only junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length.
Antlered elk--An elk having at least one spike visible above the hairline.
Antlerless deer--A deer without antlers, or a deer with antlers both of which are less than 3 inches in length.
Antlerless elk--An elk without antlers, or an elk with no visible spike above the hairline.
Client--A person who receives the services of a guide.
Closed season--Periods of the calendar year and hours during which it is unlawful to take game or wildlife.
Daily limit--The maximum number permitted to be taken by one person in 1 day during the open season.
Early small game hunting season--A designated period when only squirrels and grouse may be hunted and taken.
Field possession limit--The maximum number of legally taken wildlife of a species which a person may legally possess or transport between the place of taking and the person's permanent place of residence.
Field possession limit--deer--When multiple harvests of deer per day are authorized, only one deer at a time may be harvested. Before harvesting additional deer, the deer previously harvested shall be lawfully tagged.
Guide--A person who assists another person to hunt or take game by locating game, calling game or directing another to game.
Hunting hours--The period each day of the open season, Sundays excepted, when game and wildlife may be lawfully taken.
Point--An antler projection at least 1 inch in length from base to tip, the brow tine and main beam tip shall be counted as points regardless of length.
Protected deer--A deer not defined as an antlered deer or an antlerless deer.
Regular firearms deer season--The designated period of time when deer may be hunted and taken by a person who possesses a general hunting license or a general hunting license and antlerless license only.
Regular small game hunting season--The designated period of time when resident small game species may be hunted and taken.
Season limits--The maximum number of wildlife, which may be taken during a designated open season or license year.
Special firearms deer season--Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL
§ 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.
(1) During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals from 1/2 hour before sunrise to sunset. Game birds on regulated hunting grounds and migratory waterfowl are excepted. Coyotes may be taken from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker's license and wear 250 square inches of daylight fluorescent orange-colored material on the head, chestand back combined visible in a 360° arc from 2 hours before sunrise to 2 hours after sunset or by persons lawfully engaged in hunting deer or bear who have a valid tag.
(2) Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be taken any hour, day or night, except during restricted periods in paragraph (1), and woodchuck, coyote, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.
(3) Turkey hunting hours are 1/2 hour before sunrise to 12 noon during the spring gobbler season.
(4) Mourning doves may be hunted from 12 noon to sunset from the first season opening date through the first season closing date.
Subchapter B. SMALL GAME
§ 141.22. Small game.
(a) Unlawful activities. It is unlawful to:
(1) Take small game, protected mammals or protected birds using shot larger than #4 lead, #4 Bismuth/tin or #2 steel.
(2) Take furbearers using shot larger than size BB lead, size BB Bismuth/tin or size T steel.
(3) Possess a firearm while hunting with a raptor.
(4) Use or possess single projectile ammunition or use or possess single projectile designed for use in a firearm while hunting small game during the muzzleloading firearms deer or bear season, except for a .22 caliber rimfire rifle. This exception does not apply to the Southeast Special Regulations Area. See § 141.1(b)(2) (relating to special regulations areas).
(5) Hunt in a party of more than six persons.
(6) Hunt for groundhogs without a cap or hat made of a daylight fluorescent orange material as a part of the requirements in section 2524 of the act (relating to protective material required).
(7) Hunt for or assist to hunt for other small game, except waterfowl, mourning doves and crows without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(b) Definition. For the purpose of enforcing section 2308(a)(4) of the act (relating to unlawful devices and methods), the term ''plugged'' means a magazine shotgun which is plugged with a one-piece filler, incapable of removal without disassembling the shotgun or magazine.
(c) Permitted acts. Woodchucks may be trapped by properly licensed furtakers with permission of the person in charge of the land from February 1 through September 30 and during the general furbearer trapping season. For the purposes of this subsection, a person means a person as defined in section 2121(c) of the act (relating to definition). Traps and methods shall comply with section 2361 of the act (relating to unlawful acts concerning taking of furbearers) except that traps shall be set within 5 feet of any woodchuck hole or den.
Subchapter C. BIG GAME
§ 141.48. Elk management areas.
(a) The divisional line between two or more elk management areas shall be the center of the highway, natural water course or other natural boundary.
(b) The outline map of Pennsylvania sets forth elk management areas. Elk management area 12 comprises all areas outside Areas 1-11 inclusive. See Appendix F.
(Editor's Note: See map of Pennsylvania Elk Management Areas, 32 Pa.B. 3950 (August 10, 2002).)
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES
§ 143.203. Drawing.
(a) The Executive Director will set the date and location for the random drawing of applications for the issuance of elk licenses. Incomplete, illegible or duplicate applications will not be included in the drawing.
(b) In any given year, no more than 10% of the applications drawn and issued may be nonresident. A yearly cap on the number of nonresident applications that may be drawn and issued shall be based on the percentage of nonresident general hunting licenses issued the previous year.
(c) An applicant issued an antlered elk license is not permitted to apply for another elk license for 5 license years.
(d) Qualified applicants and alternates drawn for an elk license shall be required to obtain a regular hunting license prior to attending an orientation session sponsored by the Commission before the elk license is issued. Persons who are eligible for license and fee exemptions and meet the requirements in section 2706 of the act (relating to resident license and fee exemptions) are not required to purchase a regular hunting license.
(e) The number of licenses shall be limited to a number set by the Commission.
APPENDIX F
[Pa.B. Doc. No. 02-1374. Filed for public inspection August 9, 2002, 9:00 a.m.]
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