RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Big Game

[49 Pa.B. 4950]
[Saturday, August 31, 2019]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 23, 2019, meeting amended § 141.47 (relating to elk) to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

 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. 2611 (May 25, 2019).

1. Purpose and Authority

 Formerly, the minimum caliber and bullet weight requirements to hunt elk were .27 caliber and 130 grains, respectively. These requirements did not permit the use of the 6.5 mm Creedmoor round. Sportsmen have requested that the Commission review current regulations and consider adjustments to allow use of the 6.5 mm Creedmoor round and related .26 caliber firearms. The Commission has since reviewed the .26 caliber range and determined that these firearms provide adequate and commonly accepted kinetic energies to efficiently and ethically harvest elk. The Commission amended § 141.47 to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

 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 § 141.47 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 141.47 to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

3. Persons Affected

 Persons wishing to hunt or take elk within this Commonwealth may be affected by this final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of one comment in general support of this final-form rulemaking.

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.

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 (relating to notice of proposed rulemaking; and adoption of regulations).

 (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 141, are amended by amending § 141.47.

 (b) The Executive Director of the Commission shall certify this order and 49 Pa.B. 2611 and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-444 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 C. BIG GAME

§ 141.47. Elk.

 (a) Permitted devices. It is lawful to hunt elk during the elk season with any of the following devices:

 (1) A manually operated, centerfire rifle or handgun. The firearm must be a .26 caliber or larger firearm that propels single-projectile ammunition 120 grains or larger.

*  *  *  *  *

[Pa.B. Doc. No. 19-1314. Filed for public inspection August 30, 2019, 9:00 a.m.]

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