PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Artificial Lights
[36 Pa.B. 20] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 141.7 (relating to use of artificial lights) to extend the recreational spotlighting ban to all regular firearms seasons within each wildlife management unit (WMU).
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 October 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission recognizes that recreational spotlighting can have substantial negative impacts on landowner, public and wildlife management concerns. In the past, by and through § 141.7, the Commission has consistently prohibited recreational spotlighting, but only during the 2-week concurrent antlered and antlerless deer rifle seasons. However, the language of this provision has been inflexible and unable to adapt to the Commission's recent use of the extended regular firearms seasons in certain WMUs. Since the justifications for the recreational spotlighting prohibition are equally applicable to the extended firearms deer seasons, the Commission is proposing to amend § 141.7 by extending the recreational spotlighting ban to all ''regular firearms deer seasons'' within each individual WMU. Section 139.2 (relating to definitions) defines ''regular firearms deer season'' as that ''designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only.'' This expansion will have no effect on recreational spotlighting during the early archery, early muzzleloader or special firearms seasons of all WMUs. However, this expansion will impact recreational spotlighting during the late archery and (flintlock) muzzleloader seasons, but only in those WMUs where the regular firearms deer season extends into and runs concurrent with the late archery and (flintlock) muzzleloader seasons.
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 number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' 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 . . . wildlife in this Commonwealth.'' The amendment to § 141.7 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.7 to extend the recreational spotlighting ban to all regular firearms deer seasons within each individual management unit.
3. Persons Affected
Persons wishing to engage in recreational spotlighting within a WMU having an extended regular firearms deer season 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 DirectorFiscal Note: 48-220. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.7. Use of artificial lights.
* * * * * (b) For the purpose of enforcing section 2311 of the act (relating to restrictions on recreational spotlighting), the terms ''antlered deer rifle season'' and ''antlerless deer rifle season'' mean that period of time from 12:01 a.m. on the first day of the [concurrent antlered and antlerless] regular firearms deer season to 12 midnight on the last day including Sundays within each individual wildlife management unit.
[Pa.B. Doc. No. 06-9. Filed for public inspection January 6, 2006, 9:00 a.m.]
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