PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping

[35 Pa.B. 4829]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 28, 2005, meeting, proposed to amend § 141.22 (relating to small game) to remove regulatory language regarding furbearer hunting from Subchapter B (relating to small game) and relocate this language to the more appropriate Subchapter D (relating to trapping) by adding § 141.67 (relating to furbearer hunting) and also expand this language to permit the use of shot up to #4 buckshot for furbearer hunting with shotguns.

   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).

   The proposed rulemaking was made public at the June 28, 2005, meeting of the Commission. Comments can be sent until September 30, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Currently, § 141.22 limits the use of shot size for fur- bearer hunting to shot size no larger than BB lead, size BB Bismuth/tin or size T steel. A number of predator hunters have recently requested that the Commission expand this limiting language to permit the use of shot size no larger than #4 buckshot for furbearer hunting to increase their effectiveness and efficiency while hunting furbearers with shotguns. After consideration of relevant safety and furbearer management issues/concerns, the Commission determined that it is appropriate to accommodate the request of the predator hunters. However, the Commission has also determined that the regulatory language regarding furbearer hunting in § 141.22 would be more appropriately located in another section. The Commission is therefore proposing to delete and relocate this regulatory language from § 141.22 to proposed § 141.67 in Subchapter D, proposed to be renamed ''Furbearers.''

   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 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.'' The amendment to § 141.22 and the addition of § 141.67 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 141.22 by deleting and relocating the regulatory language regarding furbearer hunting to proposed § 141.67, which will expand this language to permit the use of shot size up to #4 buckshot for furbearer hunting with shotguns.

3.  Persons Affected

   Persons wishing to hunt furbearers within this Commonwealth with a shotgun will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  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 Director

   Fiscal Note: 48-214. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter B. SMALL GAME

§ 141.22. Small game.

   (a)  Unlawful [activities] acts. It is unlawful to:

*      *      *      *      *

   (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)] (3)  *  *  *

   [(5)] (4)  *  *  *

   [(6)] (5)  *  *  *

   [(7)] (6)  *  *  *

*      *      *      *      *

Subchapter D. [TRAPPING] FURBEARERS

§ 141.67. Furbearer hunting.

   It is unlawful to take furbearers using shot larger than #4 buckshot.

[Pa.B. Doc. No. 05-1591. Filed for public inspection August 26, 2005, 9:00 a.m.]

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