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PA Bulletin, Doc. No. 07-2353

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[37 Pa.B. 6750]
[Saturday, December 22, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2007, meeting, proposed to amend § 141.20(relating to protective material required) to eliminate the protective material requirement for the spring turkey 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).

   The proposed rulemaking was made public at the October 2, 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 January 25, 2008.

1.  Purpose and Authority

   Various hunters and sporting organizations have requested the Commission to review or reconsider, or both, the current regulatory mandate that turkey hunters wear at least 100 square inches of solid fluorescent orange-colored material on the head while moving about or relocating during the spring turkey season. Safety of hunters afield is without a doubt one of the paramount concerns of the Commission, especially as it relates to hunters shooting other hunters in mistake for game. However, notwithstanding anecdotal indications that the protective material requirement does in fact prevent some accidents, the available statistical data relating to hunting related shooting incidents (HRSIs) during the spring turkey season is devoid of clear evidence that the protective material requirement has made any appreciable reduction in the occurrence of HRSIs since its inception. After thorough discussion and review, the Commission has determined that it is prepared to eliminate the protective material requirement for the spring turkey season, however, it will remain attentive to the effect the removal has on the occurrence of HRSIs. Therefore the Commission is proposing to amend § 141.20 to eliminate the protective material requirement for the spring turkey season. Despite this proposal, the Commission strongly recommends that hunters continue to wear fluorescent orange during the spring turkey season.

   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 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.'' The amendment to § 141.20 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 141.20 to eliminate the protective material requirement for the spring turkey season.

3.  Persons Affected

   Persons wishing to hunt turkey during the spring turkey season within this Commonwealth 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 Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-256. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.20.  Protective material required.

*      *      *      *      *

   (b)  Permitted acts. It is lawful to:

   (1)  Hunt without wearing daylight fluorescent orange-colored material for:

*      *      *      *      *

   (x)  Turkey during the spring turkey season.

*      *      *      *      *

   (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)] (ii)  *  *  *

   [(iv)] (iii)  *  *  *

*      *      *      *      *

[Pa.B. Doc. No. 07-2353. Filed for public inspection December 21, 2007, 9:00 a.m.]


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