PROPOSED RULEMAKING
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[37 Pa.B. 1327]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, proposed to amend § 139.4 (relating to seasons and bag limits for the license year).
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 January 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 2007.
1. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2007-2008 seasons and daily season and possession limits are similar to those set in 2006-2007, the 2007-2008 seasons and bag limits have been amended to conform to current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth. Some notable proposed amendments for hunters next season will be expanded squirrel, rabbit and pheasant hunting opportunities Statewide, additional expanded pheasant hunting opportunities in Wildlife Management Units (WMU) 5C and 5D, expanded fall turkey hunting opportunities in WMUs 2G and 4D, reduced fall turkey hunting opportunities in WMUs 2A and 2F, expanded spring turkey hunting opportunities Statewide, expanded deer hunting opportunities in WMUs 2B, 5C and 5D, expanded elk hunting opportunities in Elk Hunt Zone 1 during the September season and expanded mink and bobcat hunting/trapping opportunities. As the next license year is fast approaching, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2007-2008 license year.
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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 amendment to § 139.4 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 139.4 by establishing when and where it is lawful to hunt and trap various game species and also place limits on the numbers that can be legally taken during the 2007-2008 license year.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2007-2008 license year 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 effective dates of the proposed rulemaking are July 1, 2007, to June 30, 2008.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-251. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.4. Seasons and bag limits for the license year.
(Editor's Note: As part of the proposed rulemaking, the Commission is proposing to rescind the contents of § 139.4 which appears at 58 Pa. Code pages 139-3-- 139-13, serial pages (320709) to (320718) and (322027) and replace it with the following text.)
(SEASONS AND BAG LIMITS TABLE)
2007-2008 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--(Combined species) Oct. 6 Oct. 12 6 12 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Squirrels--(Combined species) Oct. 13 Nov. 24 6 12 and Dec. 10 Dec. 22 and
Dec. 26 Feb. 9, 2008 Ruffed Grouse--(Statewide) Oct. 13 Nov. 24 2 4 and
Dec. 10 Dec. 22 and Dec. 26 Jan. 26, 2008 Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING'' Rabbits, Cottontail Oct. 20 Nov. 24 4 8 and
Dec. 10 Dec. 22 and
Dec. 26 Feb. 9, 2008 Ringneck Pheasant--Male only Oct. 6 Oct. 12 2 4 in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawRingneck Pheasant--Male or female Oct. 6 Oct. 12 2 4 combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawRingneck Pheasant--Male only Oct. 20 Nov. 24 2 4 in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B Ringneck Pheasant--Male or female Oct. 20 Nov. 24 2 4 combined in Wildlife Management Units and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, Dec. 10 Dec. 22 4A, 4B, 4D, 5C and 5D and Dec. 26 Feb. 9, 2008 Bobwhite Quail--The hunting Oct. 20 Nov. 24 4 8 and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C and 5D where the season is closed. Hares (Snowshoe Rabbits) or Dec. 26 Jan. 1, 2008 1 2 Varying Hares Woodchucks (Groundhog) No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season. Unlimited
Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female 1 1 Wildlife Management Units 1A, 1B and 2A Oct. 27 Nov. 12 (Shotgun, Bow and Arrow only) Wildlife Management Units 2B Oct. 27 Nov. 17 (Shotgun, Bow and Arrow only) Wildlife Management Units
2C, 2E, 2F, 4A and 4BOct. 27 Nov. 12 Wildlife Management Units
2D, 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4EOct. 27 Nov. 17 Wildlife Management Units 5A and 5B Closed to fall turkey hunting Wildlife Management Units 5C and 5D Oct. 27 Nov. 2 (Shotgun, Bow and Arrow only) Turkey (Spring Gobbler) Statewide5 April 26, 2008 May 26, 2008 1 2 Bearded Bird only Turkey (Spring Gobbler) Statewide Youth Hunt5 April 19, 2008 April 19, 2008 1 1 Bearded Bird only
Eligible junior hunters only with the required license and when properly accompanied
MIGRATORY GAME BIRDS Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703--711) as published in the Federal Register on or about August 27 and September 28 of each year.
Exceptions:
(a) Hunting hours in § 141.4 (relating to hunting hours).
(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.
Field Possession Daily Limit After Species First Day Last Day Limit First Day Crows July 1 Nov. 24 Unlimited
(Hunting permitted on Friday, Saturday and
and Sunday only) Dec. 28 April 6, 2008 Starlings and English Sparrows No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season. Unlimited
Field Possession Daily Limit After Species First Day Last Day Limit First Day FALCONRY Squirrels--(Combined species) Sept. 1 Mar. 31, 2008 6 12 Quail Sept. 1 Mar. 31, 2008 4 8 Ruffed Grouse Sept. 1 Mar. 31, 2008 2 4 Cottontail Rabbits Sept. 1 Mar. 31, 2008 4 8 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2008 1 2 Ringneck Pheasant--Male Sept. 1 Mar. 31, 2008 2 4 and Female--(Combined) Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Season Species First Day Last Day Limit Deer, Antlered and Antlerless--(Statewide)1 Sept. 29 Nov. 10 One antlered and (Archery--Bows and Arrows Only) and
an antlerless deer Crossbows may be used in Wildlife Dec. 26 Jan. 12, 2008 with each required Management Units 2B, 5C and 5D antlerless license. Deer, Antlerless--Wildlife Management Unit 2B, 5C and 5D Sept. 15 Sept. 28 An antlerless deer (Archery--Bows and Arrows and Crossbows) and with each required Nov. 12 Nov. 24 antlerless license. Deer, Antlerless--Wildlife Management Unit 2B Dec. 10 Dec. 22 An antlerless deer (Archery--Bows and Arrows and Crossbows) with each required antlerless license. Deer, Regular Antlered & Antlerless Nov. 26 Dec. 8 One antlered, and --(Statewide)1 An antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) Oct. 18 Oct. 20 An antlerless deer Only Junior and Senior License Holders,2 with each required PGC Disabled Person Permit Holders antlerless license. (to use a vehicle as a blind), and Residents serving on active duty in the U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license Deer, Antlerless only--(Statewide) Oct. 13 Oct. 20 An antlerless deer (Muzzleloading season) with each required antlerless license. Deer, Antlered or Antlerless--(Statewide)1 Dec. 26 Jan. 12, 2008 One antlered, or (Flintlock Muzzleloading season) one antlerless--plus an additional antlerless deer with each required antlerless license. Deer, Antlerless Dec. 26 Jan. 26, 2008 An antlerless deer Wildlife Management Unit 2B with each required antlerless license. Deer, Antlerless Dec. 10 Dec. 22 An antlerless deer Wildlife Management Units and with each required 5C and 5D Dec. 26 Jan. 26, 2008 antlerless license. Deer, Antlerless Hunting is permitted on days An antlerless deer (Letterkenny Army Depot, Franklin established by the United States with each required County and New Cumberland Army Department of the Army. antlerless license. Depot, York County and Fort Detrick, Raven Rock Site, Adams County)
BEAR
Daily Season Species First Day Last Day Limit Limit Bear, any age--(Bows and Arrows only)4 Nov. 14 Nov. 15 1 1 Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B and 4D Bear, any age--(Statewide)4 Nov. 19 Nov. 21 1 1 Bear, any age4
Wildlife Management Units 3C and that portion of 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42.Nov. 26 Dec. 1 1 1 Also, those portions of Wildlife Management Units 2G and 3B in Lycoming County that Lie North of the West branch of the Susquehanna River from the Rt. 405 bridge, West to the Rt. 220 bridge, East of Rt. 220 to Rt. 44 and East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West branch of the Susquehanna River.
Bear, any age4 Nov. 28 Dec. 1 1 1 Wildlife Management Unit 3D Bear, any age4 Nov. 26 Dec. 1 1 1 Rockview Prison
ELK
Daily Season Species First Day Last Day Limit Limit Elk, Antlered & Antlerless6 Nov. 5 Nov. 10 1 1 (With each required license) Elk, Antlered & Antlerless6 Sept. 3 Sept. 29 1 1 (With each required license) and Elk Hunt Zone 1 Sept. 1, 2008 Sept. 27, 2008
FURTAKING--TRAPPING
Daily Season Species First Day Last Day Limit Limit Minks and Muskrats--(Statewide) Nov. 17 Jan. 6, 2008 Unlimited Beaver--(Statewide) Dec. 26 Mar. 31, 2008 Wildlife Management Units
2E, 2F and 2G (Combined)20 20 Wildlife Management Units
1A, 1B, 3A, 3B, 3C and 3D (Combined)20 40 Wildlife Management Units
2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D (Combined)10 10 Coyotes, Foxes, Opossums, Raccoons, Oct. 22 Feb. 17, 2008 Unlimited Skunks, Weasels--(Statewide) Coyotes and Foxes--(Statewide) Jan. 1 Feb. 17, 2008 Unlimited
(Cable restraint devices may be used) Bobcat3 Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3DOct. 22 Feb. 17, 2008 1 1
FURTAKING--HUNTING
Daily Season Species First Day Last Day Limit Limit Coyotes--(Statewide) Outside of any deer or bear season may be taken with a hunting license or a furtaker's license and without wearing orange. Unlimited Coyotes--(During any archery deer season) May be taken while lawfully hunting deer or with a furtaker's license. Coyotes--(During the regular firearms deer season and any bear season) May be taken while lawfully hunting deer or bear or with a furtaker's license while wearing 250 square inches of daylight fluorescent orange- colored material in a 360° arc. Coyotes--(During the spring gobbler turkey season) May be taken by persons who have a valid tag and meet fluorescent orange and shot size requirements. Opossums, Skunks, Weasels7 No closed season. These species may (Statewide) not be hunted prior to noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide)7 Oct. 21 Feb. 16, 2008 Unlimited
Bobcat3 Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3DOct. 21 Feb. 16, 2008 1 1 No open seasons on other wild birds or wild mammals. 1Only one antlered deer (buck) may be taken during the hunting license year.
2 Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
3 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit and may not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to 1/2 hour after sunset.
4 Only one bear may be taken during the hunting license year.
5 Second spring gobbler may only be taken by persons who possess a valid special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees).
6 Only one elk may be taken during the hunting license year.
7 May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to 1/2 hour after sunset.
[Pa.B. Doc. No. 07-498. Filed for public inspection March 23, 2007, 9:00 a.m.]
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