RULES AND REGULATIONS
[58 PA. CODE CH. 141]
Hunting and Trapping; Rimfire Rifle
[33 Pa.B. 2751] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, adopted the following amendments:
Amend §§ 141.1(d) and 141.22(a)(4) (relating to special regulations areas; and small game) to permit the use of the new .17 caliber rimfire cartridge.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 33 Pa.B. 1353 (March 15, 2003).
1. Introduction
The Commission has amended §§ 141.1(d) and 141.22(a)(4) to permit the use of the new .17 caliber rimfire cartridge.
2. Purpose and Authority
The Commission recently promulgated language making the .17 caliber rimfire legal for taking small game. Formerly, the use of the .17 caliber rimfire cartridge was not permitted for taking small game, furbearing animals, crows or other wildlife in the special regulations areas or for dispatching an animal legally caught in a trap. The final-form rulemaking permits use of the .17 caliber rimfire cartridges lawful in all these situations.
Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(d) of the code authorizes 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 devices may be used for and the season when the devices may be used.'' The amendments to §§ 141.1(d) and 141.22(a)(4) were made under these provisions of the code.
3. Regulatory Requirements
The final-form rulemaking does not impose any additional restrictions, but rather permits all hunters and furtakers to use the new .17 caliber rimfire cartridge.
4. Persons Affected
Persons wishing to hunt small game or dispatch furbearers will be affected by the final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, 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 141, are amended by amending § 141.1 to read as set forth in Annex A and by amending § 141.22 to read as set forth at 33 Pa.B. 1353.
(b) The Executive Director of the Commission shall certify this order, 33 Pa.B. 1353 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-159 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
(a) Name. The areas shall be known and referred to as special regulations areas.
(b) Descriptions.
(1) Southwest area. Includes the County of Allegheny.
(2) Southeast area. Includes the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.
(c) Prohibitions.
(1) Except as provided in subsection (d), it is unlawful to take, kill or attempt to take or kill wildlife through the use of a firearm of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for employees of political subdivisions and other persons who have a valid deer control permit issued under the authority of Chapter 29 of the act (relating to special licenses and permits).
(2) It is unlawful to use buckshot in Allegheny or Philadelphia Counties without specific authorization of the Director.
(d) Permitted acts. It is lawful to:
(1) Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer through the use of a muzzleloading long gun or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.
(2) Take deer with a shotgun 20 gauge or larger-including semiautomatic-using buckshot in the Southeast area only.
(3) Take small game, furbearing animals, crows or wildlife with a manually operated rimfire rifle or handgun .22 caliber or less.
(4) Kill an animal legally caught in a trap with a manually operated rimfire rifle or handgun .22 caliber or less while trapping.
[Pa.B. Doc. No. 03-1113. Filed for public inspection June 13, 2003, 9:00 a.m.]
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