PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[33 Pa.B. 4680] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, proposed the following amendments:
Amend §§ 141.4, 141.22, 141.41, 141.43 and 141.45 and add § 141.20 (relating to protective material required) to reduce confusion concerning the wearing of protective material by consolidating related regulations into one section.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the June 24, 2003, meeting of the Commission. Comments can be sent until October 3, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend §§ 141.4, 141.22, 141.41, 141.43 and 141.45 and add § 141.20 to reduce confusion concerning the wearing of protective material by consolidating related regulations into one section.
2. Purpose and Authority
Florescent orange requirements are currently in section 2524 of the code (relating to protective material required) and at least nine different sections of the attendant regulations in Chapter 141 (relating to hunting and trapping). These requirements have been amended many times and are so varied that Commission officers, the court system and hunters have a difficult time interpreting them. By consolidating the related regulations into one section, there would be a reduction in confusion concerning the wearing of protective material for all who must abide by or enforce, or both, the regulations. The proposed rulemaking will not be effective until the 2004-2005 hunting license year.
Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to...the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' This provision provides the statutory authority for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking will consolidate sections related to the wearing of protective material into one section to reduce confusion.
4. Persons Affected
Persons wishing to hunt game and wildlife in this Commonwealth will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking 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 the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-171. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
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. (See Pennsylvania Meridian Map and Table of Hunting Hours in Appendix G.)
(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.
* * * * * § 141.20 Protective material required.
(a) It is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time 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. This shall include going to or from a hunting location before or after legal shooting hours.
(b) Permitted acts. It is lawful to:
(1) Hunt waterfowl, doves or crows without wearing daylight fluorescent orange-colored material.
(2) Except during any big game season hunt for woodchucks while wearing a hat made of solid daylight fluorescent orange-colored material on the head only.
(3) Move about or relocate while hunting for turkey during the spring turkey season while wearing a hat made of a solid daylight fluorescent orange-colored material on the head only. When stationary, orange-colored material is not required.
(4) Move about or relocate while hunting with a bow and arrow or crossbow during archery deer season while wearing a hat made of solid daylight fluorescent orange-colored material on the head only. When stationary, orange-colored material is not required. This paragraph does not apply to any archery season which is concurrent with any season for small game other than woodchucks or any big game firearms season.
(c) A person who violates any provision of this section shall be subject to the penalties as provided in the act.
Subchapter B. SMALL GAME § 141.22. Small game.
(a) Unlawful activities. It is unlawful to:
* * * * * (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.
(8)] Unless otherwise provided in the act or this title, hunt or take small game with anything other than a shotgun with fine shot, muzzleloading rifle or handgun .40 caliber or less, rimfire rifle or handgun .22 caliber or less, or bow and arrow with or without broadheads. The caliber restrictions do not apply to rifles or handguns while hunting woodchuck.
* * * * *
Subchapter C. BIG GAME § 141.41. General.
* * * * * (b) It is unlawful to:
* * * * * (2) [Hunt for or assist to hunt for deer, bear or elk during the regular firearms season or special firearms season 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.
(3)] Hunt for deer or bear through the use of any one or more of the following:
* * * * * [(4)] (3) * * *
[(5)] (4) * * *
§ 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
* * * * * (3) [Move about or relocate during that portion of the archery deer season that is concurrent with any firearms deer season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season 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.
(4) Be on stand and stationary during that portion of the archery deer season that is concurrent with any firearms deer season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season without placing a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material, in lieu of the required 250 square inches, within 15 feet of their location so it is visible in a 360° arc.
(5)] Hunt or take deer with a crossbow without a valid disabled persons crossbow permit.
* * * * * (f) Prohibitions. While hunting deer during muzzleloading season it is unlawful to:
* * * * * [(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.]
* * * * * § 141.45. Turkey.
(a) While hunting wild turkey it is unlawful to:
* * * * * [(5) Move about or relocate during the fall season without wearing a minimum of 100 square inches of daylight fluorescent orange-colored material on the head or in such a manner so it is visible in a 360° arc in a wildlife management area unit limited to shotguns and bows and arrows only.
(6) Move about or relocate during the fall season in a wildlife management area unit not limited to shotguns and bows and arrows only, 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, except stationary turkey hunters may, in lieu of the 250 square inch requirement, place a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of their location so it is visible in a 360° arc.]
(b) While hunting turkey during the spring gobbler season it is:
* * * * * [(4) Unlawful to move about or relocate without wearing a minimum of 100 square inches of daylight fluorescent orange-colored material on the head or in such a manner so that it is visible in a 360° arc.]
[Pa.B. Doc. No. 03-1839. Filed for public inspection September 19, 2003, 9:00 a.m.]
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