RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; General
[49 Pa.B. 2506]
[Saturday, May 18, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2019, meeting amended § 141.20 (relating to protective material required) to eliminate requirements for wearing of fluorescent orange protective material for archery deer seasons, archery bear seasons, archery elk seasons and fall turkey seasons, including where these seasons overlap with other firearms seasons.
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 49 Pa.B. 1386 (March 23, 2019).
1. Purpose and Authority
Requirements for the wearing of fluorescent orange protective material within this Commonwealth are complex and make up a significant number of violations detected each year by State Game Wardens. On a National scale, the requirements for fluorescent orange protective material vary from state-to-state. Those regulations include 11 states, such as Texas and New York, which do not require any fluorescent orange protective material to be worn; 10 states only requiring it to be worn while hunting big game; 20 states only requiring it to be worn when hunting big game with a firearm; and 9 states, including this Commonwealth, having a mixture of instances in which the wearing of fluorescent orange is required. The Commission amends § 141.20 to eliminate the requirements for the wearing of fluorescent orange protective material for archery deer seasons, archery bear seasons, archery elk seasons and fall turkey seasons, including where these seasons overlap with other firearms seasons. While representing a significant reduction to the current requirements for fluorescent orange protective material requirements, the proposed changes will still maintain Commonwealth's position as one of the more restrictive states in the nation.
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 § 141.20 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 141.20 by eliminating requirements for wearing of fluorescent orange protective material for archery deer seasons, archery bear seasons, archery elk seasons and fall turkey seasons, including where these seasons overlap with other firearms seasons.
3. Persons Affected
Persons wishing to hunt or take wildlife during applicable archery deer seasons, archery bear seasons, archery elk seasons and fall turkey seasons within each Wildlife Management Unit may be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of eight official comments concerning this final-form rulemaking. A total of four comments generally opposed and a total of two generally supported the proposal. One comment supported making possession of a given weapon dictate the amount of fluorescent orange worn by a hunter while another one comment supported archery deer and fall turkey hunters wearing fluorescent orange if other concurrent hunting seasons authorized the use of firearms.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this final-form rulemaking, contact Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-441 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.20. Protective material required.
(a) The following requirements apply:
(1) General rule. Except as otherwise provided in subsection (b), it is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.
(2) Additional requirements. It is unlawful to hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act (relating to unlawful devices and methods) without placing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind so it is visible in a 360° arc.
(b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for applicable wildlife during the following seasons:
(i) All crow seasons.
(ii) All dove seasons.
(iii) All waterfowl seasons.
(iv) All falconry small game seasons.
(v) All flintlock muzzleloading deer seasons.
(vi) All archery deer seasons.
(vii) All archery bear seasons.
(viii) All furbearer seasons, except coyote seasons.
(ix) All coyote seasons, except during the respective portion of any coyote season that runs concurrent with the legal hunting hours of any special firearms or regular firearms seasons for deer, bear or elk within each wildlife management unit, when the requirements of subsection (a) remain applicable.
(x) All turkey seasons.
(xi) All archery elk seasons.
(2) Hunt for woodchucks during any woodchuck season while wearing a hat made of solid daylight fluorescent orange-colored material on the head only.
(c) A person who violates this section shall be subject to the penalties as provided in the act.
[Pa.B. Doc. No. 19-752. Filed for public inspection May 17, 2019, 9:00 a.m.]
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