PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Furbearers
[49 Pa.B. 2612]
[Saturday, May 25, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2019, meeting to amend §§ 141.63, 141.67 and 141.68 (relating to definitions; furbearer seasons; and prohibited devices) to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within this Commonwealth.
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 April 9, 2019, meeting of the Commission. Comments can be sent until July 17, 2019, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is proposing a number of amendments to §§ 141.63, 141.67 and 141.68 to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within this Commonwealth. To this end, the Commission is proposing to amend § 141.63 to add the definitions of the terms body-gripping trap, cage or box trap and leg-hold trap.
The Pennsylvania Trapper's Association has also requested that the Commission amend the definition of a snare to establish consistent definitions for the locks that are legal for use for cable restraints and snares. Cable restraint regulations and definitions were developed to allow live restraint of canids, whereas regulations and definitions for snares were developed to allow for live restraint or kill sets for beaver and otter. Current language in § 141.63 requires that a snare be ''equipped with a mechanical sliding metal release lock'' and that ''Cable restraints must be equipped with an approved lock.'' The ''approved'' locks are listed and visually represented in § 141.66(g) (relating to cable restraints). The current list of approved locks is based upon research conducted during the development of Best Management Practices for Trapping in the United States. The change is intended to expand the number and types of locks available to trappers using snares. Furthermore, these changes will provide consistency in the legal lock requirements for cable restraints and snares.
Cage or box traps are efficient, selective and humane tools for harvesting furbearers. Section 2361 of the code (relating to unlawful acts concerning taking of furbearers) references the Commission's authority to approve cage or box type traps for taking furbearers, but their permitted use has not been asserted in the trapping regulations. The Commission is proposing to amend §§ 141.67 and 141.68 to specifically add cage or box traps, as well as other currently accepted trapping devices, to the list of approved devices.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' The amendments to §§ 141.63, 141.67 and 141.68 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 141.63, 141.67 and 141.68 to provide greater clarity in common trapping terminology and increased understanding in what trapping devices are permitted within this Commonwealth.
3. Persons Affected
Persons wishing to trap or take furbearers within this Commonwealth may 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
This 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 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 DirectorFiscal Note: 48-443. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361 of the act (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:
Artificial cubby—A baited enclosure constructed of natural or artificial material that is designed to house and corral a furbearer into a body-gripping trap.
Body-gripping trap—A jawed trap device designed to capture and kill a furbearer by compression of the neck or body through the operation of one or two rotating, spring-loaded jaws activated by a trigger.
Cable restraint—A galvanized stranded steel cable with a minimum diameter of 3/32 inches. The cable must be constructed of either 7 bundles comprised of 7 wires per bundle, 7 bundles comprised of 19 wires per bundle or 1 bundle comprised of 19 wires. The cable may not exceed 7 feet in length from the anchor point to the lock contacting the fully closed loop stop, must be equipped with at least one swivel device (which allows for 360° rotation) between the loop and the anchor and must have stops affixed to the cable to ensure that the circumference of the cable which makes up the loop may not be greater than 38 inches when fully open, or less than 8 inches when fully closed. Cable restraints must be equipped with an approved lock. The lock may not be constructed with moving parts. A cable restraint must include a breakaway device affixed between the lock and cable or at the end of the cable that is rated at 375 pounds or less. The cable must be maintained in good condition so that all components operate properly.
Cage or box trap—An enclosure trap designed to capture and restrain a live furbearer by confinement in a cage or box through the operation and closure of a door or portal activated by a trigger.
Foot encapsulating trap—A device that has all triggering and restraining mechanisms enclosed by a housing which, once set, allows access to the triggering mechanism through a single opening not to exceed 2 inches in diameter or diagonally and is anchored by a swivel-mounted anchoring mechanism.
Leg-hold trap—A jawed trap device designed to capture and restrain a live furbearer by the foot through operation of one or two rotating, spring-loaded jaws activated by a trigger.
Marsh, pond or dam—A standing body of water.
Snare—A looped [galvinized] galvanized or stainless stranded steel cable 3/32 inches in diameter equipped with [a mechanical sliding metal release lock] an approved lock listed in § 141.66(g) (relating to cable restraints). A metal ferrule shall be crimped on the cable to prevent the snare loop from closing to a circumference less than 7 inches.
Waterway or watercourse—A riverine system that contains water which includes the semi-permanent flooded area.
§ 141.67. Furbearer seasons.
(a) Permitted devices. It is lawful to hunt or take furbearers during any furtaking season with the following devices:
(1) A manually operated or semiautomatic rifle or manually operated handgun that propels single-projectile ammunition.
(2) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun. The firearm must be 10 gauge or less, that propels single-projectile ammunition or multiple-projectile shotgun ammunition not larger than # 4 buckshot. The centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(3) A muzzleloading rifle or handgun that propels single-projectile ammunition.
(4) A bow and arrow.
(5) A crossbow and bolt.
(6) A manually operated or semiautomatic air rifle or manually operated air handgun .22 caliber or larger that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.
(7) A leg-hold trap, except as prohibited under section 2361(a)(8) of the act (relating to unlawful acts concerning taking of furbearers).
(8) A body-gripping trap, except as prohibited under section 2361(a)(11) of the act.
(9) A cable restraint device authorized by § 141.66 (relating to cable restraints).
(10) A snare, except as prohibited under § 141.62(b) (relating to beaver and otter trapping).
(11) A cage or box trap, except as prohibited under section 2361(a)(17) of the act.
(b) Prohibitions. While hunting furbearers during any furbearer hunting or trapping season, it is unlawful to:
(1) Use or possess multiple-projectile shotgun ammunition larger than # 4 buckshot, except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).
(2) Use or possess a device or ammunition not provided for in the act or in this section, except as authorized under section 2525 of the act.
(3) Use any firearm, other than authorized in this paragraph, to dispatch legally trapped furbearers during the overlap with the regular or special firearms deer seasons:
(i) A manually operated or semiautomatic rimfire rifle or manually operated rimfire handgun .22 caliber or less.
(ii) A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.
§ 141.68. Prohibited devices.
It is unlawful to take furbearers through the use of the following devices:
(1) Fish hooks, snagging hooks or any other hooks of similar design.
(2) Implements that are not lawful traps, snares, cable restraints, firearms, bows or crossbows.
[Pa.B. Doc. No. 19-783. Filed for public inspection May 24, 2019, 9:00 a.m.]
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