PROPOSED RULEMAKING
[58 PA. CODE CHS. 139 AND 141]
Seasons and Bag Limits and Hunting and Trapping
[38 Pa.B. 3243]
[Saturday, June 14, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 22, 2008, meeting, proposed the following rulemaking:
Amend § 141.1 (relating to special regulations areas) to permit hunters in the special regulation areas to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. Also amend §§ 139.2 and 141.41 (relating to definitions; and general) to relocate the prohibition against successive takings of deer prior to lawfully tagging a deer previously harvested from § 139.2 to § 141.41 where it is more appropriately located.
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 April 22, 2008, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until June 20, 2008.
1. Purpose and Authority
Currently, § 139.2 defines ''field possession limit for deer'' in a manner to prohibit the harvest of a second deer (when multiple harvests per day are authorized) before tagging a deer previously harvested. In light of its continuing efforts to find solutions to the overabundant deer populations in the urban environments found in the Special Regulation Areas, the Commission is proposing to amend § 141.1 to allow a hunter to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. For all other areas of this Commonwealth outside of the Special Regulations Areas, the traditional ''tag before second harvest'' requirement will remain the same, but will be relocated from § 139.2 to § 141.41 where it is more appropriately located.
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 amendments to §§ 139.2, 141.1 and 141.41 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.1 to allow a hunter in the Special Regulation Areas to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. The proposal would also amend §§ 139.2 and 141.41 to relocate the general prohibition against successive takings of deer prior to lawfully tagging a deer previously harvested from § 139.2 to § 141.41 where it is more appropriately located.
3. Persons Affected
Persons wishing to hunt or trap white-tailed deer within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The final rulemaking will be effective upon final 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-269. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Field possession limit--deer--When multiple harvests of deer per day are authorized, only one deer at a time may be harvested. Before harvesting additional deer, the deer previously harvested shall be lawfully tagged.]
* * * * *
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
* * * * * (6) Harvest more than one deer at a time when multiple harvests of deer per day are authorized without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter.
Subchapter C. BIG GAME § 141.41. General.
* * * * * (b) It is unlawful to:
* * * * * (7) Except as otherwise provided in § 141.1 (relating to special regulations areas), harvest more than one deer at a time before lawfully tagging a deer previously harvested when multiple harvests of deer per day are authorized.
[Pa.B. Doc. No. 08-1097. Filed for public inspection June 13, 2008, 9:00 a.m.]
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