RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits
[47 Pa.B. 2603]
[Saturday, May 6, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2017-2018 hunting/trapping license year.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 47 Pa.B. 1480 (March 11, 2017).
1. Purpose and Authority
To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission amends § 139.4 to provide updated seasons and bag limits for the 2017-2018 license year. The 2017-2018 seasons and bag limits are amended to reflect 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 management of the wildlife resources of this Commonwealth.
Amendments to small game seasons include: eliminating the post-Christmas segment of the ruffed grouse season in an effort to improve adult survival in light of significant recent population declines; opening the Central Susquehanna Wild Pheasant Recovery Area to a youth-only pheasant hunting season; and opening wildlife management unit (WMU) 5A to put-and-take bobwhite quail hunting given the lack of wild quail in this area and the low likelihood of reintroduction efforts in this WMU in the near future—closures can be enacted at this WMU or smaller scales as needed if and when restoration activities occur.
Amendments to wild turkey seasons include opening a conservative, midweek fall season in WMU 5B while reducing fall season length in three WMUs that have exhibited declining trends in turkey population indices. Specifically, seasons would decrease from 2 weeks + 3 days to 1 week + 3 days in WMUs 4A and 4B, and from 3 weeks + 3 days to 2 weeks + 3 days in WMU 4E.
Amendments to white-tailed deer seasons include adjusting WMUs 5A and 5B from a concurrent antlered/antlerless white-tailed deer season to a split antlered/antlerless white-tailed deer season. While not a seasons and bag limits issue per se, it should be noted that the use of large Deer Management Assistance Program areas surrounding locations of Chronic Wasting Disease-positive deer is being recommended instead of Disease Management Area permits to provide a simpler mechanism for hunters to reduce deer populations around known disease hotspots.
Amendments to black bear seasons include an earlier and 1-day longer Statewide archery season, concurrent with the Monday through Saturday of the next to last week of the Statewide archery deer season. This amendment addresses requests from staff and constituents and would likely provide for a moderate increase in overall bear harvest.
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 amendments to § 139.4 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 139.4 to provide updated seasons and bag limits for the 2017-2018 hunting/trapping license year.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2017-2018 hunting/trapping license year will be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 68 official comments concerning the final-form rulemaking. The comments received concerned the following subtopics:
Deer seasons. A total of 42 comments were received concerning this subtopic: 7 supported and 2 opposed split antlered/antlerless seasons generally; 2 supported split antlered/antlerless seasons in special regulation areas; 1 supported split antlered/antlerless seasons in WMU 5B; 6 opposed split antlered/antlerless seasons in WMUs 5A and 5B; 4 supported concurrent antlered/antlerless seasons generally; 1 supported concurrent antlered/antlerless seasons in WMU 2F; 1 supported concurrent antlered/antlerless seasons in WMU 3D; 3 supported concurrent antlered/antlerless seasons in WMU 5A; 3 supported a 3-day antlerless only season; 3 supported closing antlerless deer seasons on State game lands with few deer; 1 supported closing antlerless deer seasons on in the northern portion of this Commonwealth; 1 supported extending archery deer season until the Statewide regular firearms deer season begins; 2 supported continuing archery deer season though the rut; 1 supported a longer archery deer season that starts sooner; 1 supported extending late archery deer season and flintlock muzzleloading deer season through the Martin Luther King, Jr. holiday; 1 supported moving the early muzzleloading deer season up 2 weeks; and 2 supported the early muzzleloading deer season generally.
Bear seasons. A total of 13 comments were received concerning this subtopic: 4 supported proposed archery bear season generally; 1 supported concurrent archery bear and archery deer seasons; 1 supported an archery bear season during the last 2 weeks of archery deer season; 1 supported an archery bear season during the last week of archery deer season; 1 opposed concurrent archery bear and archery deer seasons; 1 supported extending the regular firearms bear season in WMU 4E to include the Monday and Tuesday of the regular firearms deer season; 2 supported a longer regular firearms bear season; 1 opposed the overlap of archery bear season and fall turkey season; and 1 supported extending the regular firearms bear season in WMU 3A.
Turkey seasons. A total of 11 comments were received concerning this subtopic: 3 supported the fall turkey season in WMU 5B; 1 supported a 2-week fall turkey season in WMU 2A; 1 opposed the absence of changes to WMU 2G; 2 opposed a reduction in the length of fall turkey season in WMU 4A; 1 supported a 1-week fall turkey season in WMU 4B; 1 supported advancing fall turkey season up 2 weeks; and 1 supported continuing fall turkey season 1 week past the closure of archery deer season.
Small game seasons. A total of two comments were received concerning this subtopic and both supported opening squirrel season on September 1st.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
This final-form rulemaking will be effective July 1, 2017, to June 30, 2018.
7. Contact Person
For further information regarding this final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order will be effective July 1, 2017, to June 30, 2018.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-405 remains valid for the final adoption of the subject regulation.
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.
2017-2018 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Species First Day Last Day Daily
LimitField
Possession
Limit After
First DaySquirrel—(Combined species)
Eligible Junior Hunters only, with
or without the required junior licenseSept. 30 Oct. 14 6 18 Squirrel—(Combined species) Oct. 14 Nov. 25 6 18 and Dec. 11 Dec. 23 and Dec. 26 Feb. 28, 2018 Ruffed Grouse Oct. 14 Nov. 25 2 6 and Dec. 11 Dec. 23 Rabbit, Cottontail—Eligible Junior
Hunters only, with or without the
required junior licenseSept. 30 Oct. 14 4 12 Rabbit, Cottontail Oct. 14 Nov. 25 4 12 and Dec. 11 Dec. 23 and Dec. 26 Feb. 28, 2018 Ring-necked Pheasant—There is no
open season for the taking of pheasants
in the Somerset, Hegins-Gratz or
Franklin County Wild Pheasant
Recovery Areas.Ring-necked Pheasant
Eligible Junior Hunters only, with or without the required junior licenseOct. 7 Oct. 14 2 6 WMUs 2A, 2C, 4C, 4E, 5A and 5B—
Male onlyWMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H,
3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—
Male or femaleCentral Susquehanna Wild Pheasant
Recovery Area—Male onlyAs authorized by the Executive Order. Ring-necked Pheasant Oct. 21 Nov. 25 2 6 and WMUs 2A, 2C, 4C, 4E, 5A and 5B— Dec. 11 Dec. 23 Male only and Dec. 26 Feb. 28, 2018 WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H,
3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—
Male or femaleBobwhite Quail Oct. 14 Feb. 28 8 24 Hare (Snowshoe Rabbits) or Varying Hare Dec. 26 Jan. 1, 2018 1 3 Woodchuck (Groundhog) No closed season except during the regular firearms deer season(s). Hunting on Sundays is prohibited. Unlimited
Species First Day Last Day Daily
LimitSeason
Limit
Turkey, Fall—Male or Female 1 1 WMU 2B
Oct. 28 Nov. 17 (Shotgun, Bow and Arrow only) and Nov. 23 Nov. 25 WMU 1B Oct. 28 Nov. 4 WMUs 1A, 2A, 4A and 4B Oct. 28 Nov. 4 and Nov. 23 Nov. 25 WMUs 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C,
Oct. 28 Nov. 11 3D, 4C, 4D and 4E and Nov. 23 Nov. 25 WMU 2C Oct. 28 Nov. 17 and Nov. 23 Nov. 25 WMU 5A Nov. 2 Nov. 4 WMU 5B Oct. 31 Nov. 2 WMUs 5C and 5D Closed to fall turkey hunting. Turkey, Spring1
Bearded Bird only,
Eligible Junior Hunters only with the
required junior licenseApr. 21, 2018 Apr. 21, 2018 1 1 Turkey, Spring1
Bearded Bird only1 2 Apr. 28, 2018 May 12, 2018 May be hunted 1/2 hour before
sunrise to 12 noon
and May 14, 2018 May 31, 2018 May be hunted 1/2 hour before
sunrise to 1/2 hour after sunset
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—712) as published in the Federal Register on or about February 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.
Species First Day Last Day Daily
LimitField
Possession
Limit After
First DayCrow
(Hunting permitted on Friday, Saturday
and Sunday only)July 1 Apr. 8, 2018 Unlimited Starling and English Sparrow No closed season except during the regular firearms deer seasons. Unlimited
FALCONRY
Species First Day Last Day Daily
LimitField
Possession
Limit After
First DaySquirrel—(Combined species) Sept. 1 Mar. 31, 2018 6 18 Quail Sept. 1 Mar. 31, 2018 4 12 Ruffed Grouse Sept. 1 Mar. 31, 2018 2 6 Cottontail Rabbits Sept. 1 Mar. 31, 2018 4 12 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2018 1 3 Ring-necked Pheasant—Male and
Female—(Combined)Sept. 1 Mar. 31, 2018 2 6 Migratory Game Bird—Seasons and bag limits shall be in accordance with Federal regulations.
WHITE-TAILED DEER
Species First Day Last Day Season
Limit
Deer, Archery (Antlered and Antlerless)2 Sept. 16 Nov. 25 One antlered deer, and With the required archery license and an antlerless deer WMUs 2B, 5C and 5D Dec. 26 Jan. 27, 2018 with each required antlerless license. Deer, Archery (Antlered and Antlerless)2 Sept. 30 Nov. 11 One antlered deer, and With the required archery license and an antlerless deer WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, Dec. 26 Jan. 13, 2018 with each required 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, antlerless license. 5A and 5B Deer, Muzzleloading (Antlerless only) Oct. 14 Oct. 21 An antlerless deer With the required muzzleloading license with each required
antlerless license.Deer, Special firearms (Antlerless only) Oct. 19 Oct. 21 An antlerless deer Only Junior and Senior License Holders,3 with each required Commission Disabled Person Permit Holders antlerless license. (to use a vehicle as a blind) and Residents serving on active duty in the United States Armed Forces or United States Coast Guard Deer, Regular firearms Nov. 27 Dec. 9 One antlered deer, (Antlered and Antlerless)2 and an antlerless deer WMUs 2B, 5C and 5D with each required antlerless license. Deer, Regular firearms Nov. 27 Dec. 1 One antlered deer. (Antlered only)2 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B Deer, Regular firearms Dec. 2 Dec. 9 One antlered deer, (Antlered and Antlerless)2 and an antlerless deer WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, with each required 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B antlerless license. Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 13, 2018 One antlered or one With the required muzzleloading license antlerless deer, plus WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, an additional 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, antlerless deer 5A and 5B with each required antlerless license. Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 27, 2018 One antlered or one With the required muzzleloading license antlerless deer, plus WMUs 2B, 5C and 5D an additional
antlerless deer
with each required
antlerless license.Deer, Extended Regular firearms (Antlerless) Dec. 26 Jan. 27, 2018 An antlerless deer Allegheny, Bucks, Chester, Delaware, with each required Montgomery and Philadelphia Counties 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)
BLACK BEAR
Species First Day Last Day Season
LimitBear, Archery4
WMUs 2B, 5C and 5DSept. 16 Nov. 25 1 Bear, Archery4
WMU 5BSept. 30 Nov. 11 1 Bear, Archery4
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E
and 5AOct. 30 Nov. 4 1 Bear, Muzzleloader4
WMUs 2B, 5B, 5C and 5DOct. 14 Oct. 21 1 Bear, Special firearms4
Only Junior and Senior License Holders,3
Commission Disabled Person Permit
Holders (to use a vehicle as a blind) and
Residents serving on active duty in the
United States Armed Forces or in the
United States Coast Guard, with required
bear license
WMUs 2B, 5B, 5C and 5DOct. 19 Oct. 21 1 Bear, Regular Firearms4
(Statewide)Nov. 18 Nov. 22 1 Bear, Extended firearms4
WMUs 3B, 3C and 3DNov. 27 Dec. 2 1 Bear, Extended firearms4
WMUs 2B, 5B, 5C and 5DNov. 27 Dec. 9 1 Bear, Extended firearms4
WMUs 1B, 2C, 3A, 4B, 4C, 4D and 4ENov. 29 Dec. 2 1
ELK
Species First Day Last Day Season
LimitElk, Special Conservation Tag5
and Special-License Tag5
(Antlered and Antlerless)Sept. 1 Nov. 4 1 Elk, Regular5
(Antlered and Antlerless)Oct. 30 Nov. 4 1 Elk, Extended5
(Antlered and Antlerless)Nov. 6 Nov. 11 1
FURTAKING—TRAPPING
Species First Day Last Day Daily
LimitSeason Limit Mink and Muskrat Nov. 18 Jan. 7, 2018 Unlimited Beaver Dec. 26 Mar. 31, 2018 WMUs 1A, 1B and 3C (Combined) 20 40 WMUs 2A, 2B, 2C, 2D, 2E, 2F, 3A, 3B, 3D,
5C and 5D (Combined)20 20 WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and
5B (Combined)5 5 Coyote, Fox, Opossum, Raccoon, Striped
Skunk and WeaselOct. 22 Feb. 18, 2018 Unlimited Coyote and Fox
Use of cable restraint devices authorized
with required certificationDec. 26 Feb. 18, 2018 Unlimited Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C,
3D, 4A, 4C, 4D and 4EDec. 16 Jan. 7, 2018 1 1 Fisher, with required fisher permit
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B,
3C, 3D, 4D and 4EDec. 16 Dec. 27 1 1 River Otter, with required otter permit
WMUs 3C and 3DFeb. 17, 2018 Feb. 24, 2018 1 1
FURTAKING—HUNTING
Species First Day Last Day Daily
LimitSeason Limit Coyote—(Outside of any big game season) May be taken with a hunting license or a furtaker's license. Unlimited Coyote—(During any big game season) May be taken while lawfully hunting big game or with a furtaker's license. Unlimited Opossum, Striped Skunk, Weasel No closed season. Raccoon and Fox Oct. 21 Feb. 17, 2018 Unlimited Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,
3C, 3D, 4A, 4C, 4D and 4EJan. 13, 2018 Feb. 7, 2018 1 1 Porcupine Sept. 1 Mar. 31, 2018 3 10 No open seasons on other wild birds or wild mammals. 1 Only persons who possess a special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of two spring gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.
2 Only one antlered deer (buck) may be taken during the hunting license year.
3 Includes residents and nonresident license holders 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).
4 Only one bear may be taken during the hunting license year with the required bear license.
5 Only one elk may be taken during the hunting license year with the required elk license.
[Pa.B. Doc. No. 17-762. Filed for public inspection May 5, 2017, 9:00 a.m.]
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