RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Big Game
[52 Pa.B. 5470]
[Saturday, August 27, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 9, 2022, meeting amends § 141.45 (relating to turkey seasons) to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey 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 52 Pa.B. 3101 (May 28, 2022).
1. Purpose and Authority
The Commission's final-form rulemaking, published at 51 Pa.B. 2940 (May 22, 2021), to remove rifles as lawful implements during fall turkey seasons became effective. Despite this change shotguns and muzzleloaders that propel single-projectile ammunition currently remain listed as permitted devices for use by hunters during fall turkey seasons in all Wildlife Management Units (WMU) with an open fall turkey season excluding those portions found within areas designated as special regulations areas (WMUs 2B, 5B, 5C and 5D). The Commission has observed that very few hunters hunt during the fall turkey seasons with a shotgun or muzzleloader using single projectile ammunition. After the changes were made to this section in 2021, the Commission remains focused on identifying alternative methods of stabilizing fall turkey harvest numbers without focusing solely on further reductions in hunting opportunity as measured by season length. The Commission has determined that the elimination of shotguns and muzzleloaders that propel single-projectile ammunition during fall turkey seasons may aid in this goal. The Commission amends § 141.45 to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey seasons.
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 § 141.45 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 141.45 to eliminate the use of shotguns and muzzleloaders that propel single-projectile ammunition during the fall turkey seasons.
3. Persons Affected
Persons interested in hunting turkey within this Commonwealth during the fall turkey seasons will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding 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 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 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), referred to 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.45 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 become effective upon publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-479 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 § 141.45. Turkey seasons.
(a) Fall turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices:
(i) [Reserved].
(ii) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun that propels multiple projectile shotgun ammunition no larger than # 4 lead, # 2 steel, or # 4 of any other composition or alloy of nontoxic shot approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to approval of nontoxic shot types and shot coatings). A centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(iii) [Reserved].
(iv) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(v) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch and may not exceed 3.25 inches in length.
(2) Prohibitions. While hunting turkey during the fall turkey season, it is unlawful to:
(i) [Reserved].
(ii) Use drives or any method other than hand or mouth calling.
(iii) Use or possess an electronic caller or a live turkey as a decoy.
(iv) Use or possess a device or ammunition not provided for in the act or in this subsection, except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).
(b) Spring turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the spring turkey season with any of the following devices:
(i) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than # 4 lead, # 2 steel, or # 4 of any other composition or alloy of nontoxic shot approved by the Director of the Unites States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134. A centerfire shotgun's magazine capacity may not exceed two rounds. The shotgun's total aggregate ammunition capacity may not exceed three rounds.
(ii) A bow and arrow as permitted under subsection (a)(1)(iv).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(v).
* * * * *
[Pa.B. Doc. No. 22-1287. Filed for public inspection August 26, 2022, 9:00 a.m.]
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