PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Furbearers
[53 Pa.B. 6870]
[Saturday, November 4, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its September 16, 2023, meeting to amend § 141.67 (relating to furbearer seasons) to prohibit the hunting of any furbearer using a dog during the overlap with any regular firearms deer season or regular firearms bear season.
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 September 16, 2023, meeting of the Commission. Comments can be sent until January 24, 2024, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Over the past several years, the Commission received an increasing number of complaints relating to hunters who are using dogs to hunt coyotes during the regular firearms deer and bear seasons. The Commission determined that the act of using dogs to hunt coyotes during the regular firearms deer and regular firearms bear seasons has resulted in both intentional and unintentional pushing, driving or killing of these big game species. The use of dogs to hunt big game is generally unlawful within this Commonwealth. Moreover, the Commission observed that the use of dogs to hunt coyotes during the regular firearms deer and regular firearms bear seasons has frequently caused interference with hunters who were lawfully hunting deer or bear on properties where these activities coincided. The Commission is proposing to amend § 141.67 to prohibit the hunting of any furbearer using a dog during the overlap with any regular firearms deer season or regular firearms bear season.
Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 141.67 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.67 to prohibit the hunting of any furbearer using a dog during the overlap with any regular firearms deer season or regular firearms bear season.
3. Persons Affected
Persons concerned with hunting of any furbearer using a dog during the overlap with any regular firearms deer season or regular firearms bear season within this Commonwealth will 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 about this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-504. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 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.
(12) A raptor. The raptor shall be lawfully possessed under a falconry permit under section 2925 of the act (relating to falconry permits).
(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.
(4) Hunt any furbearer using a dog during the overlap with any regular firearms deer season or regular firearms bear season.
[Pa.B. Doc. No. 23-1512. Filed for public inspection November 3, 2023, 9:00 a.m.]
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