PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[34 Pa.B. 1781] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following amendments:
Amend §§ 141.41 and 141.43 (relating to general; and deer) to permit all hunters to hunt and take deer with a crossbow during any firearms deer season and also permit hunters within Wildlife Management Units (WMU) 2B, 5C and 5D to hunt and take deer with a crossbow during any deer season.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 27, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend §§ 141.41 and 141.43 to permit all hunters to hunt and take deer with a crossbow during any firearms deer season and also permit hunters within WMUs 2B, 5C and 5D to hunt and take deer with a crossbow during any deer season.
2. Purpose and Authority
Currently, the use of a crossbow for deer hunting purposes is permitted, but only in limited circumstances. Most hunters are permitted to hunt and take deer with a crossbow only during the regular firearms deer season. Disabled hunters possessing a valid disabled persons crossbow permit are additionally permitted to hunt and take deer with a crossbow during archery season. The proposed rulemaking will provide expanded deer hunting opportunities for all hunters within this Commonwealth by permitting the use of crossbows to hunt and take deer during any firearms season. In addition, the proposed rulemaking will allow even greater hunting opportunities in WMUs 2B, 5C and 5D by permitting hunters within those units to hunt and take deer with a crossbow during any deer season. The purpose of the increased allowance in these WMUs is to offset the increasing difficulty for hunters to safely hunt deer using firearms in these urban areas with high population centers.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating . . . 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.'' Section 2102(a) of the code 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 protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and 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.'' These provisions provide the statutory basis for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking will permit hunters within WMUs 2B, 5C and 5D to hunt and take deer with a crossbow during any deer season. For all other WMUs, the proposed rulemaking will make it unlawful for hunters to hunt and take deer with a crossbow during any deer seasons other than any of the firearms seasons.
4. Persons Affected
Persons who wish to hunt deer with a crossbow 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: 48-178. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
(a) Permitted acts. It is lawful to take:
* * * * * (2) Deer during [the regular firearms deer season] any firearms season for deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(3) Deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds in Wildlife Management Units 2B, 5C and 5D.
* * * * * § 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
* * * * * (5) [Hunt] Except in Wildlife Management Units 2B, 5C and 5D, hunt or take deer with a crossbow without a valid disabled persons crossbow permit.
* * * * * (d) Prohibitions. While hunting deer during the flintlock muzzleloading season it is unlawful to:
* * * * * (4) [Hunt] Unless otherwise provided in this chapter, hunt, take or attempt to take deer through the use of a device not specifically described in subsection (b) or (c).
* * * * *
[Pa.B. Doc. No. 04-556. Filed for public inspection April 2, 2004, 9:00 a.m.]
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