PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[49 Pa.B. 1390]
[Saturday, March 23, 2019]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 29, 2019, meeting to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2019-2020 hunting/furtaking license year.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the January 29, 2019, meeting of the Commission. Comments can be sent until April 3, 2019, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

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 is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2019-2020 hunting/furtaking license year. The 2019-2020 seasons and bag limits have been 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.

 To provide an overall increase in black bear hunting opportunity and harvest, and to better align open seasons with dates when agricultural producers are experiencing bear damage, the Commission is proposing to shift the archery bear season to mid-October and expand the October muzzleloader and special firearms seasons (previously limited to wildlife management units (WMU) on the periphery of the bear range) Statewide. Also, the Commission is proposing to increase the length of the extended firearms bear season in several WMUs from 4 to 6 days to increase bear harvest and reduce regulations complexity.

 For elk, the Commission is proposing the addition of a September archery season and a January antlerless season to address hunter crowding issues during the regular season while simultaneously reducing elk habituation toward humans and residential areas, and improving the agency's ability to respond to elk-human conflicts and to potential future chronic wasting disease infection.

 Expansions of bobcat hunting and trapping opportunity to WMU 4B, and of fisher trapping opportunity to WMU 4A, are recommended in light of population indices in these units that are comparable to those in other WMUs where harvest is occurring sustainably. For beaver, an increase in the season bag limit from 20 to 40 is recommended for WMUs 2A and 2B in response to increasing nuisance complaints in these units. For porcupine, a reduction in season length is proposed to ensure population sustainability given significant uncertainty about the impacts of harvest on this species.

 To increase hunting opportunities for younger deer hunters, a Saturday opener for rifle deer season is being proposed. Changing the historic opening day from the Monday following Thanksgiving to the Saturday following Thanksgiving represents a significant change in tradition. However, retaining our younger hunters is important to preserving our hunting heritage. By shifting the opening day to a Saturday this change will create more hunting opportunity by selecting a day which better fits the working/school schedule of youth and young adults. Minor changes are also proposed for small game and turkey season closing dates to accommodate the 1-day shift in the opening of deer rifle season.

 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 proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 139.4 to provide updated seasons and bag limits for the 2019-2020 hunting/furtaking license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2019-2020 hunting/furtaking license year will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 The effective dates of the proposed rulemaking are July 1, 2019, to June 30, 2020.

6. Contact Person

 For further information regarding this proposed rulemaking, contact Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-439. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

 (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the table which appears in § 139.4, 58 Pa. Code pages 139-3—139-13, serial pages (392073)—(392083), with the following table.)

§ 139.4. Seasons and bag limits for the license year.

2019-2020 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 Limit	Field Possession Limit After Second Day
Squirrel—(Combined species)	Oct. 5		Oct. 19	6	18
Eligible Junior Hunters only, with or without the required junior license
Squirrel—(Combined species)	Oct. 19		Nov. 29	6	18
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 29, 2020
Ruffed Grouse	Oct. 19		Nov. 29	2	6
		and
	Dec. 16		Dec. 24
Rabbit, Cottontail—	Oct. 5		Oct. 19	4	12
Eligible Junior Hunters only, with or without the required junior license
Rabbit, Cottontail	Oct. 19		Nov. 29	4	12
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 29, 2020
Ring-necked Pheasant—There is no open season for the taking of pheasants in the Hegins-Gratz or Franklin County wild pheasant recovery areas.
Ring-necked Pheasant	Oct. 12		Oct. 19	2	6
Eligible Junior Hunters only, with or without the required junior license
WMUs 4E and 5A—Male only
WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 5B, 5C and 5D—Male or female
Central Susquehanna Wild Pheasant	As authorized by the Executive Order
Recovery Area—Male only
Ring-necked Pheasant	Oct. 26		Nov. 29	2	6
		and
WMUs 4E and 5A—Male only	Dec. 16		Dec. 24
		and
WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F,	Dec. 26		Feb. 29, 2020
2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 5B, 5C and 5D—Male or female
Bobwhite Quail	Oct. 19		Nov. 29	8	24
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 29, 2020
Hare (Snowshoe Rabbits) or	Dec. 26		Jan. 1, 2020	1	3
Varying Hare
Woodchuck (Groundhog)	No closed season except during the			Unlimited
	regular firearms deer season(s). Hunting on Sundays is prohibited.

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey, Fall—Male or Female				1	1
WMU 2B	Nov. 2		Nov. 22
(Shotgun, Bow and Arrow only)		and
	Nov. 28		Nov. 29
WMU 1B	Nov. 2		Nov. 9
WMUs 1A, 2A, 4A and 4B	Nov. 2		Nov. 9
		and
	Nov. 28		Nov. 29
WMUs 2D, 2E, 2F, 2G, 2H,	Nov. 2		Nov. 16
3A, 3B, 3C, 3D, 4C, 4D and 4E		and
	Nov. 28		Nov. 29
WMU 2C	Nov. 2		Nov. 22
		and
	Nov. 28		Nov. 29
WMU 5A	Nov. 7		Nov. 9
WMU 5B	Nov. 5		Nov. 7
WMUs 5C and 5D	Closed to fall turkey hunting
Turkey, Spring1	Apr. 25, 2020		Apr. 25, 2020	1	1
Bearded Bird only, Eligible Junior Hunters only, with the required junior license
Turkey, Spring1				1	2
Bearded Bird only	May 2, 2020		May 16, 2020	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 18, 2020		May 30, 2020	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 Limit	Field Possession Limit After Second Day
Crow	July 5		Apr. 12, 2020	Unlimited
(Hunting permitted on Friday, Saturday and Sunday only)
Starling and English Sparrow	No closed season except during the			Unlimited
	regular firearms deer seasons.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After Second Day
Squirrel—(Combined species)	Sept. 2		Mar. 31, 2020	6	18
Quail	Sept. 2		Mar. 31, 2020	8	24
Ruffed Grouse	Sept. 2		Mar. 31, 2020	2	6
Cottontail Rabbits	Sept. 2		Mar. 31, 2020	4	12
Snowshoe or Varying Hare	Sept. 2		Mar. 31, 2020	1	3
Ring-necked Pheasant—Male	Sept. 2		Mar. 31, 2020	2	6
and Female—(Combined)
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. 21		Nov. 29	One antlered deer,
With the required archery license		and		and an antlerless deer
WMUs 2B, 5C and 5D	Dec. 26		Jan. 25, 2020	with each required antlerless license.
Deer, Archery (Antlered and Antlerless)2	Oct. 5		Nov. 16	One antlered deer,
With the required archery license		and		and an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,	Dec. 26		Jan. 11, 2020	with each required
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				antlerless license.
5A and 5B
Deer, Muzzleloading (Antlerless only)	Oct. 19		Oct. 26	An antlerless deer
With the required muzzleloading license				with each required antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 24		Oct. 26	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. 30		Dec. 14	One antlered deer,
(Antlered and Antlerless)2				and an antlerless deer
WMUs 2B, 5C and 5D				with each required antlerless license.
Deer, Regular firearms (Antlered only)2	Nov. 30		Dec. 6	One antlered deer.
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. 7		Dec. 14	One antlered deer,
(Antlered and Antlerless)2				and an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,				with each required
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				antlerless license.
5A and 5B
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 11, 2020	One antlered or one
With the required muzzleloading license				antlerless deer, plus
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,				an additional antlerless
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				deer with each required
5A and 5B				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 25, 2020	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. 25, 2020	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 Limit
Bear, Archery4	Sept. 21		Nov. 29		1
WMUs 2B, 5C and 5D
Bear, Archery4	Oct. 5		Nov. 16		1
WMU 5B
Bear, Archery4	Oct. 28		Nov. 9		1
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A
Bear, Muzzleloader4	Oct. 19		Oct. 26		1
(Statewide)
Bear, Special firearms4	Oct. 24		Oct. 26		1
Only Junior and Senior License Holders3, 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 (Statewide)
Bear, Regular Firearms4	Nov. 23		Nov. 27		1
(Statewide)
Bear, Extended firearms4	Nov. 30		Dec. 14		1
WMUs 2B, 5B, 5C and 5D
Bear, Extended firearms4	Nov. 30		Dec. 7		1
WMUs 1B, 2C, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A

ELK

Species	First Day		Last Day		Season Limit
Elk, Special Conservation Tag5	Sept. 2		Nov. 9		1
and Special-License Tag5 (Antlered and Antlerless)
Elk, Archery5	Sept. 14		Sept. 28		1
Elk, Regular5	Nov. 4		Nov. 9		1
(Antlered and Antlerless)
Elk, Extended5	Nov. 11		Nov. 16		1
(Antlered and Antlerless)
Elk, Late5	Jan. 4, 2020		Jan. 11, 2020		1
(Antlerless only)

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 23		Jan. 12, 2020	Unlimited
Beaver	Dec. 26		Mar. 31, 2020
WMUs 1A, 1B, 2A, 2B and 3C (Combined)				20	40
WMUs 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,	Oct. 27		Feb. 23, 2020	Unlimited
Striped Skunk and Weasel
Coyote and Fox	Dec. 26		Feb. 23, 2020	Unlimited
Use of cable restraint devices authorized with required certification
Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Dec. 21		Jan. 12, 2020	1	1
3C, 3D, 4A, 4B, 4C, 4D and 4E
Fisher, with required fisher permit	Dec. 21		Jan. 2, 2020	1	1
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
River Otter, with required otter permit	Feb. 15, 2020		Feb. 22, 2020	1	1
WMUs 3C and 3D

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(Outside of any big game season)	May be taken with a hunting license or			Unlimited
	a furtaker's license.
Coyote—(During any big game season)	May be taken while lawfully hunting big			Unlimited
	game or with a furtaker's license.
Opossum, Striped Skunk, Weasel	No closed season.
Raccoon and Fox	Oct. 26		Feb. 22, 2020	Unlimited
Bobcat, with required bobcat permit
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Jan. 11, 2020		Feb. 5, 2020	1	1
3C, 3D, 4A, 4B, 4C, 4D and 4E
Porcupine	Oct. 12		Feb. 1, 2020	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 2 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. 19-427. Filed for public inspection March 22, 2019, 9:00 a.m.]

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