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PA Bulletin, Doc. No. 23-1737

NOTICES

GAME COMMISSION

Extension of Archery and Flintlock Muzzleloader Deer Seasons at the Middle Creek Wildlife Management Area

[53 Pa.B. 7816]
[Saturday, December 16, 2023]

Order

 Whereas, The Pennsylvania Game Commission (Commission) owns and manages a 6,000-acre property in Lancaster and Lebanon counties known as the Middle Creek Wildlife Management Area (Middle Creek WMA) (State Game Land No. 46); and

 Whereas, Access to controlled areas and propagation areas of the Middle Creek WMA are normally restricted and closed to annual hunting and trapping seasons without a permit or written authorization issued by the Commission; and

 Whereas, The Commission has determined that the permitting an archery and flintlock muzzleloader hunt outside of established hunting seasons within the controlled areas and propagation areas of the Middle Creek WMA is necessary to address elevated populations of white-tailed deer; and

 Whereas, The Game and Wildlife Code (Code) (34 Pa.C.S. §§ 101 et seq.) and regulations promulgated thereunder (58 Pa. Code §§ 131.1 et seq.) collectively provide broad authority to the Commission to regulate activities relating to the protection, preservation, and management of game and wildlife, including white-tailed deer; and

 Whereas, 58 Pa. Code § 139.3 (relating to authority to alter seasons and bag limits) authorizes the Executive Director of the Commission to extend hunting or trapping seasons in designated areas when a certain species is available in sufficient number the designated area or it is determined that inclement weather conditions or other factors resulted in an underharvest of certain species of wildlife in the designated area; and

 Whereas, 58 Pa. Code § 135.103 (relating to controlled hunting and trapping area access permit procedures) authorizes the Executive Director to ''establish the dates and number of available access permits each year for any authorized hunting or trapping activities approved for an established controlled hunting or trapping area;'' and

 Whereas, 58 Pa. Code § 135.161 (relating to Commission-owned or leased) permits the Executive Director to ''authorize the opening of a propagation area for purposes of hunting, trapping, or both, in conformity with established seasons and bag limits.''

 Now Therefore, I, BRYAN J. BURHANS, Executive Director of the Pennsylvania Game Commission, pursuant to the authority vested in me by the Code and regulations promulgated thereunder, do hereby order and direct the following:

 1. Seasons Extended: Archery and flintlock muzzleloader deer seasons within the controlled areas and propagation areas of the Middle Creek WMA are extended to authorize a one-day special deer hunt on Wednesday, December 13, 2023.

 2. Controlled Areas and Propagation Areas Open: This limited special deer hunt will occur within hunt zones established within designated controlled areas and propagation areas of the Middle Creek WMA, as is more graphically illustrated on the map titled ''Middle Creek Special Deer Hunt'' attached hereto and incorporated by reference herein.

 3. Hunting by Permit Only: This limited special deer hunt will occur outside of regular white-tailed deer hunting seasons and requires participants to acquire and be in possession of a special deer hunt access permit prior to accessing any controlled or propagation area of the Middle Creek WMA.

 4. Permit Eligibility: Applicants that were successfully drawn to participate in the Middle Creek WMA special deer hunts in October and November are not eligible to apply for the December special deer hunt. Participation in the December special deer hunt will be limited to persons in possession of a valid:

 a. General hunting license;

 b. One or both of the following (whichever applicable):

 i. Archery license; or

 ii. Muzzleloader license;

 c. One or both of the following (whichever applicable):

 i. Wildlife Management Unit 5B antlerless deer license with an unused harvest tag (if archery or muzzleloader hunting); or

 ii. Unused flintlock harvest tag (if muzzleloader hunting).

 5. Application: Applications for the Middle Creek Special Deer Hunt shall be submitted through the Commission's Pennsylvania Automated Licensing System (PALS) at https://huntfish.pa.gov/. Only one application may be submitted per person. Failure to submit an application by October 27, 2023 or in compliance with the requirements of this order will result in a rejection of the application.

 6. Drawing: The Commission will conduct a random drawing to select a total of 26 applications for the December Middle Creek WMA special deer hunt. Successful applicants will receive one (1) deer hunting access permit. The Commission will also select ten (10) alternates should one (1) or more originally drawn applicants become ineligible to participate or unable to attend the special hunt. Successful applicants will be permitted to choose one guest to receive an additional access permit to participate in the special deer hunt. Successful applicants and alternates will be notified by first class mail.

 7. Orientation: Successful applicants and alternates are required to attend a mandatory orientation meeting scheduled by the Commission prior to participation in the special deer hunt. Failure to attend a mandatory orientation meeting will invalidate a successful applicant's approval to participate in the special deer hunt. Guests selected by successful applicants are not required to attend an orientation meeting.

 8. General hunting requirements:

 a. Check-in and Check-out: Participants in the special deer hunt may enter the hunt zone designated on their permit at 5:00 a.m. on the day of the hunt. Participants shall present all white-tailed deer harvested during the special deer hunt to the Commission for examination at the Visitor's Center. Participants shall check-out at the conclusion of the special deer hunt at the Visitor's Center no later than 4:00 p.m.

 b. Fluorescent Orange: All participants in the special deer hunt shall comply with the fluorescent orange requirements applicable to the regular firearms deer season as set forth in 58 Pa. Code § 141.20(a) (relating to protective material required).

 c. Hunting Hours: Participants in the special deer hunt deer are only authorized to hunt and take deer from start of legal hunting hours until 3:00 p.m. on the day of the hunt.

 d. Arms, Ammunition and Method of Hunt: Participants in the special deer hunt shall comply with all other requirements and limitations concerning deer hunting activities during archery and/or flintlock muzzleloaders seasons (whichever applicable) as set forth in the Code and attendant regulations.

 e. Species Eligibility:

 i. Antlerless Deer: Successful applicants are authorized to harvest antlerless white-tailed deer during the special deer hunt pursuant to any valid, unused Wildlife Management Unit 5B antlerless deer license(s) or flintlock harvest tag issued to them.

 ii. Antlered Deer: Successful applicants are authorized to harvest an antlered white-tailed deer during the special deer hunt pursuant to any valid, unused antlered deer harvest tag issued to them.

 iii. Coyote: Successful applicants are authorized to harvest coyote under the authority of their general hunting license while lawfully hunting white-tailed deer during the special deer hunt.

 iv. Other species: No other species of game or wildlife may be hunted or taken by participants in the special deer hunt.

 9. Access Limited: Successful applicants are authorized to access and hunt only the hunt zone designated on their issued special deer hunt access permit. Access into other hunt zones or other controlled or propagation areas of the Middle Creek WMA is prohibited.

 10. Effective Date: This Order is effective immediately and shall remain in effect until it reaches its natural expiration at the close of hunting hours on Wednesday, December 13, 2023 or it is otherwise rescinded or modified by subsequent order.

 Given under my hand and seal of the Pennsylvania Game Commission on this 5th day of December, 2023.

BRYAN J. BURHANS, 
Executive Director

[Pa.B. Doc. No. 23-1737. Filed for public inspection December 15, 2023, 9:00 a.m.]


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