RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits
[51 Pa.B. 2929]
[Saturday, May 22, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 10, 2021, meeting amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2021-2022 hunting/furtaking 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 51 Pa.B. 1328 (March 13, 2021).
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 amended § 139.4 to provide updated seasons and bag limits for the 2021-2022 license year. The 2021-2022 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.
Sunday hunting dates are similar to those used in 2020-2021. However, expansions of Sunday opportunities were established on Sundays during the archery deer and firearms bear for additional species (except migratory game birds and wild turkey) that overlap with these dates. The expansions of Sunday opportunity are the only changes for small game and furbearer seasons.
With wild turkey population trends declining in many Wildlife Management Units (WMU), closure of the fall season in WMU 5A and reductions in season length for 14 other WMUs are adopted in accordance with Wild Turkey Management Plan guidelines to increase hen survival. For deer, a Statewide 14-day concurrent antlered and antlerless firearms season is adopted to simplify regulations and provide increased opportunity, especially for younger hunters. Also, the extended (post-Christmas) firearms season is adopted to be set at the WMU level (2B, 5C and 5D) rather than at the county level to simplify regulations, given that antlerless harvests are evenly distributed throughout these WMUs regardless of firearms restrictions.
Minor expansions of archery bear hunting opportunity are adopted in WMUs 2B, 5B, 5C and 5D. Other black bear season recommendations are similar to those in 2020. The antlerless designation was removed from the late elk season to provide the Commission the flexibility to issue antlered elk licenses for this season, if and when appropriate. Specific license allocation recommendations for all elk seasons will be provided in April.
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 2021-2022 hunting/furtaking license year.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2021-2022 hunting/furtaking license year will be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 236 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:
Deer Seasons: Out of a total of 196 comments received concerning this subtopic, 5 supported and 50 opposed a Saturday opener for regular firearms deer season, 7 supported hunting on the Sunday in the middle of the regular firearms deer season, 24 supported and 66 opposed concurrent antlered/antlerless seasons, 1 supported and 13 opposed concurrent antlered/antlerless seasons in the northern tier, 11 opposed concurrent antlered/antlerless seasons in specific WMUs, 1 supported and 1 opposed extending the regular firearms deer season, 2 supported extending archery season, 8 opposed the length of deer archery season, 3 supported a longer special firearms deer season, 1 supported extending early muzzleloader deer season and 2 supported extending flintlock muzzleloader season.
Turkey Seasons: Out of a total of 13 comments received concerning this subtopic, 6 supported and 1 opposed shortening fall turkey season, 2 supported the removal of fall turkey season, 1 supported reducing season length in WMU 4C, 1 supported reducing season length in WMU 4D and 2 opposed reducing season length in WMU 2G.
Bear Seasons: Out of a total of 9 comments received concerning this subtopic, 2 supported extending bear season during the entirety of archery deer season, 5 supported bear season running concurrent with regular firearms deer season and 2 supported shortening all bear seasons.
Small Game Seasons: A total of 4 comments received concerning this subtopic, 1 supported closing small game season at the end of January, 1 supported the early squirrel season, and 1 supported and 1 opposed the post-Christmas grouse season.
Furbearer Seasons: A total of 14 comments received concerning this subtopic, 2 supported extending raccoon, opossum and skunk trapping season to the end of March, 4 supported extending trapping season generally, 2 supported extending bobcat season, 2 supported extending fisher trapping season and 4 supported extending raccoon season.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
The effective dates of this final-form rulemaking are July 1, 2021, to June 30, 2022.
7. Contact Person
For further information regarding this final-form rulemaking, contact Jason L. DeCoskey, 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), known as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; 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 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 shall be effective July 1, 2021, to June 30, 2022.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-465 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.
2021-2022 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
Second DaySquirrel—(Combined species)1 Sept. 11 Sept. 25 6 18 Eligible Junior Hunters only, with or without the required junior license Squirrel—(Combined species)2 Sept. 11 Nov. 13 6 18 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Dec. 24 and Dec. 27 Feb. 28, 2022 Ruffed Grouse2 Oct. 16 Nov. 13 2 6 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Dec. 24 Rabbit, Cottontail—1 Oct. 2 Oct. 16 4 12 Eligible Junior Hunters only, with or without the required junior license Rabbit, Cottontail2 Oct. 16 Nov. 13 4 12 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Dec. 24 and Dec. 27 Feb. 28, 2022 Ring-necked Pheasant—There is no open season
for the taking of pheasants in the Franklin County Wild Pheasant Recovery Area.Central Susquehanna Wild Pheasant Recovery Area—Male only1 As authorized by the Executive Order Ring-necked Pheasant—Male or Female1 Oct. 9 Oct. 16 2 6 Eligible Junior Hunters only, with or without the required junior license Ring-necked Pheasant—Male or Female2 Oct. 23 Nov. 13 2 6 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Dec. 24 and Dec. 27 Feb. 28, 2022 Bobwhite Quail2 Oct. 23 Nov. 13 8 24 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Dec. 24 and Dec. 27 Feb. 28, 2022 Hare (Snowshoe Rabbits) or Dec. 27 Jan. 1, 2022 1 3 Varying Hare1 Woodchuck (Groundhog)2 July 1 Nov. 13 Unlimited and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 June 30, 2022
TURKEY
Species First Day Last Day Daily
LimitSeason
LimitTurkey, Fall—Male or Female1 WMU 2B Oct. 30 Nov. 19 1 1 (Shotgun, Bow and Arrow only) and Nov. 24 Nov. 26 WMU 1A, 1B, 4A, 4B, 4D and 4E Oct. 30 Nov. 6 WMUs 2A, 2F, 2G, 2H, 3A, 3B, 3C, Oct. 30 Nov. 13 3D and 4C WMU 2C, 2D and 2E Oct. 30 Nov. 13 and Nov. 24 Nov. 26 WMU 5B Nov. 2 Nov. 4 WMUs 5A, 5C and 5D Closed to fall turkey hunting Turkey, Spring1 Apr. 23, 2022 Apr. 23, 2022 1 1 Bearded Bird only,
Eligible Junior Hunters only, with the required junior licenseTurkey, Spring1,4 1 2 Bearded Bird only April 30, 2022 May 14, 2022 May be hunted 1/2 hour before sunrise to 12 noon and May 16, 2022 May 31, 2022 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.
(c) Hunting on Sunday not authorized.1
Species First Day Last Day Daily
LimitField
Possession
Limit After
Second DayCrow3 July 2 Apr. 10, 2022 Unlimited (Hunting permitted on Friday, Saturday and Sunday only) Starling and English Sparrow3 No closed season except during the Unlimited regular firearms deer seasons.
FALCONRY
Species First Day Last Day Daily
LimitField
Possession
Limit After
Second DaySquirrel—(Combined species)2 Sept. 1 Nov. 13 6 18 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Quail2 Sept. 1 Nov. 13 8 24 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Ruffed Grouse2 Sept. 1 Nov. 13 2 6 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Cottontail Rabbits3 Sept. 1 Nov. 13 4 12 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Snowshoe or Varying Hare2 Sept. 1 Nov. 13 1 3 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Ring-necked Pheasant—Male2 Sept. 1 Nov. 13 2 6 and Female (Combined) and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 13 Mar. 31, 2022 Migratory Game Bird1—Seasons and bag limits shall be in accordance with Federal regulations.
WHITE-TAILED DEER
Species First Day Last Day Season
LimitDeer, Archery (Antlered and Antlerless)2,5 Sept. 18 Nov. 13 One antlered deer, With the required archery license and
and an antlerless deer WMUs 2B, 5C and 5D Sun.3, Nov. 14 Sun.3, Nov. 14 with each required and and antlerless license. Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 and Dec. 27 Jan. 29, 2022 Deer, Archery (Antlered and Antlerless)2,5 Oct. 2 Nov. 13 One antlered deer, With the required archery license and and an antlerless deer WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B Sun.3, Nov. 14 Sun.3, Nov. 14 with each required
antlerless license.and Nov. 15 Nov. 19 and Dec. 27 Jan. 17, 2022 Deer, Muzzleloading (Antlerless only)1 Oct. 16 Oct. 23 An antlerless deer With the required muzzleloading license with each required antlerless license. Deer, Special firearms (Antlerless only) Oct. 21 Oct. 23 An antlerless deer Only Junior and Senior License Holders,6 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 GuardDeer, Regular Firearms Nov. 27 Nov. 27 One antlered deer, (Antlered and Antlerless)2,5 and and an antlerless deer Statewide Sun.3, Nov. 28 Sun.3, Nov. 28 with each required and
antlerless license. Nov. 29 Dec. 11 Deer, Flintlock (Antlered or Antlerless)1,5 Dec. 27 Jan. 17, 2022 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)1,5 Dec. 27 Jan. 29, 2022 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)1 Dec. 27 Jan. 29, 2022 An antlerless deer WMUs 2B, 5C and 5D with each required antlerless license. Deer, Antlerless1 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, Archery2,7 Sept. 18 Nov. 13 1 WMUs 2B, 5C and 5D and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 26 Bear, Archery2,7 Oct. 2 Nov. 13 1 WMU 5B and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 19 Bear, Archery1,7 Oct. 16 Nov. 6 1 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A Bear, Muzzleloader1,7 Oct. 16 Oct. 23 1 (Statewide) Bear, Special firearms7 Oct. 21 Oct. 23 1 Only Junior and Senior License Holders6, 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 antlerless license
(Statewide)Bear, Regular Firearms2,7 Nov. 20 Nov. 20 1 (Statewide) and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 23 Bear, Extended firearms2,7 Nov. 27 Nov. 27 1 WMUs 2B, 5B, 5C and 5D and Sun.3, Nov. 28 Sun.3, Nov. 28 and Nov. 29 Dec. 11 Bear, Extended firearms2,7 Nov. 27 Nov. 27 1 WMUs 1B, 2C, 3A, 3B, 3C, 3D, and 4A, 4B, 4C, 4D, 4E and 5A Sun.3, Nov. 28 Sun.3, Nov. 28 and Nov. 29 Dec. 4
ELK
Species First Day Last Day Season
LimitElk, Special Conservation Tag1,8 Sept. 1 Nov. 6 1 and Special-License Tag1,8
(Antlered and Antlerless)Elk, Archery1,8 Sept. 11 Sept. 25 1 Elk, Regular8 Nov. 1 Nov. 6 1 (Antlered and Antlerless) Elk, Late1,8 Jan. 1, 2022 Jan. 8, 2022 1
FURTAKING—TRAPPING
Species First Day Last Day Daily
LimitSeason
Limit
Mink and Muskrat Nov. 20 Jan. 9, 2022 Unlimited Beaver Dec. 18 Mar. 31, 2022 WMUs 1A and 1B (Combined) 20 60 WMUs 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. 23 Feb. 20, 2022 Unlimited Striped Skunk and Weasel Coyote and Fox Dec. 26 Feb. 20, 2022 Unlimited Use of cable restraint devices authorized with required certification Bobcat, with required bobcat permit Dec. 18 Jan. 9, 2022 1 1 WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E Fisher, with required fisher permit Dec. 18 Jan. 2, 2022 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. 12, 2022 Feb. 19, 2022 1 1 WMUs 1A, 1B, 2F, 3C and 3D
FURTAKING—HUNTING
Species First Day Last Day Daily
LimitSeason Limit Coyote—(Outside of any big game season)3 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, Weasel2 July 1 Nov. 13 Unlimited and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 27 and Sun.3, Nov. 28 Sun.3, Nov. 28 and Nov. 29 June 30, 2022 Fox3 Oct. 23 Feb. 19, 2022 Unlimited Raccoon2 Oct. 23 Nov. 13 Unlimited and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Nov. 27 and Sun.3, Nov. 28 Sun.3, Nov. 28 and Nov. 29 Feb. 19, 2022 Bobcat, with required bobcat permit1 WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A, Jan. 8, 2022 Feb. 2, 2022 1 1 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E Porcupine2 Oct. 9 Nov. 13 3 10 and Sun.3, Nov. 14 Sun.3, Nov. 14 and Nov. 15 Nov. 20 and Sun.3, Nov. 21 Sun.3, Nov. 21 and Nov. 22 Jan. 29, 2022 No open seasons on other wild birds or wild mammals.
1 No hunting on Sunday authorized. See 34 Pa.C.S. § 2303.
2 Hunting on Sunday authorized on separately delineated Sunday date(s) only. See 34 Pa.C.S. § 2303.
3 Hunting on Sunday is authorized. See 34 Pa.C.S. § 2303.
4 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.
5 Only one antlered deer (buck) may be taken during the hunting license year.
6 Includes resident 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).
7 Only one bear may be taken during the hunting license year with the required bear license.
8 Only one elk may be taken during the hunting license year with the required elk license.
[Pa.B. Doc. No. 21-839. Filed for public inspection May 21, 2021, 9:00 a.m.]
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