RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Protective Material
[34 Pa.B. 5156] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted amendments to § 141.20 (relating to protective material required).
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 34 Pa.B. 3016 (June 12, 2004).
1. Introduction
The Commission amends § 141.20 to expand and clarify the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material.
2. Purpose and Authority
In an effort to clarify the applicability of § 141.20, the Commission added furbearers and coyotes (except from the first day to the last day inclusive of the regular firearms deer season or any bear season) to the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material. This expansion should aid in the reduction in confusion regarding the wearing of protective material for all who must abide by or enforce, or both, the regulations.
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.'' The amendments to § 141.20 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking adds furbearers and coyotes (except from the first day to the last day inclusive of the regular firearms deer season or any bear season) to the list of specific animal species that may be hunted without wearing daylight fluorescent orange-colored material. Regulatory requirements will therefore be relaxed by the final-form rulemaking.
4. Persons Affected
Persons wishing to hunt or trap furbearers or coyotes in this Commonwealth 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 upon 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 amendment 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 amendment 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 § 141.20 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify 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-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-186 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 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. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.
(b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for:
(i) Crows.
(ii) Doves.
(iii) Waterfowl.
(iv) Small game under the authority of a valid falconry permit.
(v) Deer during the flintlock muzzleloader season with lawful firearms and ammunition for the flintlock muzzleloader season by properly licensed flintlock muzzleloader hunters.
(vi) Furbearers.
(vii) Coyotes except from the first day to the last day inclusive of the Statewide regular firearms deer season or any bear season.
(2) 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 wearing a hat containing a minimum of 100 square inches of a solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orange-colored material when hunting for:
(i) Turkey during the spring turkey season.
(ii) Turkey during the fall turkey season in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(iii) Deer with a bow and arrow or crossbow and bolt during any archery season which is concurrent with the fall turkey season.
(4) Be on stand and stationary while hunting for turkey during the fall season in Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A and in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter's location so it is visible in a 360° arc.
(5) Except as provided in paragraph (3)(iii) and during any firearms season for deer that precedes the regular firearms season, hunt for deer with a bow and arrow or crossbow during any archery deer season without wearing daylight fluorescent orange-colored material. When stationary during the overlap with the firearms season for deer in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter's location so it is visible in a 360° arc.
(c) A person who violates this section shall be subject to the penalties as provided in the act.
[Pa.B. Doc. No. 04-1713. Filed for public inspection September 17, 2004, 9:00 a.m.]
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