PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 135 AND 141]
Lands and Buildings; Hunting and Trapping
[26 Pa.B. 1354] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 1996, meeting, proposed the following amendments:
1. Amend § 135.107 (relating to Middle Creek Wildlife Management Area) to provide more flexibility in the administration of the Middle Creek Wildlife Management Area (MCWMA) and to provide for some additional recreational activities through special hunting opportunities on the area.
2. Amend § 141.1 (relating to special regulations areas) to provide adequate flexibility for the controlling of deer by political subdivisions issued a deer control permit and located within the Special Regulations Areas by adding new language to allow the use of rifles and single-projectile ammunition specifically for deer control purposes within the Special Regulations Areas.
3. Amend § 141.23 (relating to nontoxic shot) to restrict the shot size of nontoxic shot used to hunt waterfowl in this Commonwealth.
4. Amend § 141.25 (relating to early and late goose hunting seasons) to permit the taking of Canada geese until September 25 Statewide, except in Crawford County where the season will have to close on September 15.
5. Amend Chapter 141 by adding §§ 141.26 and 141.27 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area; and early Canada goose hunting season on Pymatuning Wildlife Management Area) to better utilize the controlled hunting areas at the MCWMA, as well as the Pymatuning Wildlife Management Area (PWMA) and to fall into place with our existing language that establishes the early and late Canada goose hunting season.
6. Amend § 141.45 (relating to turkey) to restrict fall turkey hunting in Turkey Management Area No. 9-B to shotguns and bows and arrows only.
7. Amend § 141.61 (relating to trapping hours) to permit the removal of traps by trappers no later than sunset on the last day of the trapping season, instead of the 12 noon time currently provided for.
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposed amendments is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
The proposals were made public at the January 23, 1996, meeting of the Commission and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Ave., Harrisburg, PA 17110-9797, until April 10, 1996.
Proposed Amendment to § 135.107
1. Introduction
To provide more flexibility in the administration of the MCWMA and to provide additional recreational opportunities, the Commission proposes to amend § 135.107 relating to MCWMA to allow fishing by permit only, to allow closing of roadways and trails utilizing gates, to control shot size for small game and waterfowl hunting and to provide for special rabbit and squirrel hunts. These proposals are made under the authority contained in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
Section 135.107 currently does not permit fishing or special rabbit and squirrel hunts in controlled hunting areas on the MCWMA nor does it regulate shot sizes for hunting small game and waterfowl on the MCWMA. The Commission has decided that these activities can be safely conducted by permit only in the controlled hunting areas with limitations on shot size. These changes are proposed under authority contained in section 721(a) of the code which requires the Commission to promulgate regulations necessary to properly manage State game lands.
3. Regulatory Requirements
The proposed changes would require the obtaining of a permit prior to fishing or participating in special rabbit or squirrel hunts in controlled hunting areas of the MCWMA. The changes would also permit closing of roads to all entry by closing of gates and require that nontoxic shot no larger than #4 Bismuth/tin and #2 steel be used in hunting small game in the controlled and propagation areas and no larger than Size ''T'' to hunt waterfowl.
4. Persons Affected
Persons wishing to use the MCWMA may be affected by the proposed changes.
5. Cost and Paperwork Requirements
Persons wishing to fish in controlled hunting areas of the MCWMA would need to first obtain a permit. It is anticipated that the number of those permits will be fairly small.
Proposed Amendment to § 141.1
1. Introduction
The Commission proposes to amend § 141.1 to create an exception which would allow municipalities holding valid deer control permits to kill deer with rifles firing single projectile ammunition in the special regulations areas. These changes are proposed under sections 322(c)(5) and 2102(b)(1) of the code (relating to powers and duties of Commission; and regulations).
2. Purpose and Authority
Currently, § 141.1 makes it unlawful to kill wildlife in special regulations areas with single projectile ammunition. The purpose behind issuing deer control permits to municipalities is to reduce deer populations in the most efficient manner possible. The proposed changes will provide an option under appropriate circumstances to achieve this purpose while still insuring safety.
Section 322(c)(5) of the code empowers the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102(b) of the code authorizes the Commission to promulgate regulations relating to these devices. The proposed changes would be adopted under this authority.
3. Regulatory Requirements
The proposed changes would not result in any additional regulatory requirements.
4. Persons Affected
Municipalities with deer control permits will be affected by the proposed changes.
5. Cost and Paperwork Requirements
The proposed amendment would not result in additional costs or paperwork.
Proposed Amendment to § 141.23
1. Introduction
The Commission proposes to amend § 141.23 to permit the use of any shot composition and size up to ''T'' approved by the Director of the United States Fish and Wildlife Service (USFWS) to hunt migratory waterfowl in this Commonwealth. This change was made under sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission has the authority under section 2102(a) of the code to ''. . . promulgate such regulations as it seems necessary and appropriate concerning game and wildlife . . .'' Section 322 of the code specifically empowers the Commission to ''fix the type and number of devices which may be used to take game or wildlife.''
The proposed change broadens the language of § 141.25 to permit the lawful use of shot composition and cartridge lengths approved by the Director of the USFWS in the future to hunt migratory waterfowl. The proposed changes also puts a maximum lawful size limit on the shot of ''T.''
3. Regulatory Requirements
The proposed change permits the lawful use of shot compositions and cartridge lengths to hunt migratory waterfowl in this Commonwealth so long as they are approved by the Director of the USFWS.
4. Persons Affected
Persons wishing to hunt waterfowl in this Commonwealth would be affected.
5. Cost and Paperwork
The proposed change would not result in additional costs either to the Commission or to hunters.
Proposed Amendment to § 141.25
1. Introduction
The Commission proposes to amend § 141.25 to extend the early Canada goose hunting season an additional 10 days. This change was proposed under sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons for any species of game or wildlife. Section 2102(b) of the code mandates that the Commission promulgates regulations relating to seasons and bag limits.
Because concerns about the migratory goose populations will likely result in no regular goose hunting season in this Commonwealth, extension of the early season, which targets resident geese, should help to control resident populations. This should result in a reduction in nuisance goose complaints.
3. Regulatory Requirements
These proposed changes would make it lawful to hunt Canada Geese in this Commonwealth except Crawford County during an additional 10-day period.
4. Persons Affected
Persons wishing to hunt geese in this Commonwealth would be affected by the proposed change.
6. Cost and Paperwork Requirements
The proposed change would not result in additional costs, either to the Commission or to hunters or furtakers.
Proposed Additions of §§ 141.26 and 141.27
1. Introduction
The Commission proposes to add §§ 141.26 and 141.27. These sections would provide procedures to have goose hunting during the early goose season at the MCWMA and PWMA when the USFWS closes the regular goose hunting season. These provisions are proposed under section 2102(b)(1) of the code and the authority contained in section 721(a) of the code.
2. Purpose and Authority
Because of concerns about a dramatic drop in migratory Canada goose populations, the USFWS closed the regular 1995 goose hunting season in all but four counties in northwestern Pennsylvania. As a result, the provisions for controlled goose hunting at the MCWMA and PWMA contained in § 135.103 could not be implemented. At the same time, resident Canada goose populations have been increasing throughout this Commonwealth since the 1970's. Associated with these increases have been increases in crop damage and nuisance complaints. The experimental early and late Canada goose seasons started in 1992 were successful in harvesting nuisance geese and providing additional recreational opportunities.
The proposed changes would give the Commission the option of having goose hunting during the early goose season at the MCWMA and PWMA if the USFWS closes the regular goose hunting season. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits. Section 721(a) of the code authorizes the Commission to adopt regulations to manage lands and waters under its control. Both of these sections authorize the proposed regulations.
3. Regulatory Requirements
The proposed additions would not involve additional regulatory requirements over and above what is already in § 135.103.
4. Persons Affected
Persons wishing to hunt Canada Geese in this Commonwealth in the early season at the MCWMA or PWMA would be affected by these regulations.
5. Cost and Paperwork Requirements
No additional costs or paperwork over and above what has been already established.
Proposed Amendment to § 141.45
1. Introduction
The Commission proposes to amend § 141.45 to prohibit the use of rifles, single projectile ammunition except bows and arrows for taking wild turkey during the fall season in Turkey Management Area No. 9. This change is proposed under section 2102(b) of the code.
2. Purpose and Authority
At its October 3, 1995, meeting, the Commission decided that wild turkey populations in part of Turkey Management Area No. 9 are sufficient to permit a fall turkey hunting season. Because of the density of development in these areas, however, it was decided that safety required excluding rifles and single projectile ammunition except bows and arrows. The proposed changes would accomplish this purpose.
Section 2102(b) of the code directs the Commission to ''. . . promulgate regulations relating to seasons and bag limits for hunting and furtaking . . . and the use and possession of devices.'' That section provides authority for this change in the regulation.
3. Regulatory Requirements
The proposed change would prohibit the use of rifles and single projectile ammunition except bows and arrows to hunt wild turkeys during the fall season in Turkey Management Area Number 9.
4. Persons Affected
Those wishing to hunt turkeys during the fall season in Turkey Management Area Number 9 would be affected by the change.
5. Cost and Paperwork Requirements
The Commission anticipates no additional cost or paperwork to result from this change.
Proposed Amendments to § 141.61
1. Introduction
The Commission proposes to amend § 141.61 to allow trappers until sunset on the closing day to remove their traps. The change was proposed under sections 322(c)(1) and 2102(a) of the code.
2. Purpose and Authority
Section 141.61 currently requires trappers to remove their traps by noon of the closing day of the season. This can be burdensome on individuals with extensive trap lines. Because the impact on the wildlife resources of moving the closing time to later is negligible, the Commission has decided to move the deadline to sunset.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to furtaking in this Commonwealth. The proposed change would be adopted under this authority.
3. Regulatory Requirements
The proposed change would relax regulatory requirements.
4. Persons Affected
Individuals wishing to trap in this Commonwealth would be affected by the proposed change.
5. Cost and Paperwork Requirements
The proposed change would not result in additional costs or paperwork.
Effective Date
These changes would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Contact Person
For further information on the proposed changes, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-93. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE
MANAGEMENT AREAS§ 135.107. Middle Creek Wildlife Management Area.
(a) In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Middle Creek Wildlife Management Area:
(1) Entering, hunting [or], trapping or fishing on the controlled hunting areas shall be by permit only, except as listed in [paragraphs (2)--(4)] paragraph (3).
(2) [From February 1 to March 15, hunting (except waterfowl), trapping, dog training and hiking is permitted.
(3) From March 16] From March 1 to September 14, entry on foot or vehicle is restricted to roadways and designated trails, except that when gates are closed, entry is prohibited.
[(4)] (3) ***
[(5)] (4) ***
[(6)] (5) A permit holder shall surrender, in person, the permit at the registration center through which he entered. A hunter shall submit for examination all game taken. The deadline for checking out is 2:30 p.m.
(6) Nontoxic shot in sizes no larger than #4 Bismuth/tin and #2 steel shall be used in the controlled and propagation areas for hunting small game. For hunting waterfowl, nontoxic shot no larger than Size ''T'' shall be used.
* * * * * (c) The following apply to special rabbit and squirrel hunts on the controlled hunting areas:
(1) Rabbit and squirrel hunting will be by permit only.
(2) A drawing will be conducted at the visitor center to determine successful applicants on dates designated by the Director.
(3) The number of permits and methods of issue shall be set by the Director or a designee prior to the drawing.
(4) The Director or a designee reserve the right to suspend the hunt and cancel remaining permits when an adequate number of rabbits and squirrels, or both, have been taken.
(5) The permittee shall return the permit and report form to the visitor center by United States Postal Service no later than 5 days after the expiration of the permit.
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (c) Prohibitions.
(1) It is unlawful to take, kill or attempt to take or kill wildlife through the use of a rifle of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for political subdivisions that have a valid deer control permit issued under the authority of section 2901 of the act (relating to general categories of permits) and Chapter 147, Subchapter R (relating to deer control).
* * * * *
Subchapter B. SMALL GAME § 141.23. Nontoxic shot.
It is unlawful to hunt for or take migratory waterfowl in this Commonwealth while possessing or using lead shot or shotshells loaded with shot [other than steel shot or shot, shot size or cartridge length not approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot)] of a composition or alloy and of a cartridge length not approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot). It is unlawful to hunt for or take migratory waterfowl in this Commonwealth using nontoxic shot larger than Size ''T.''
§ 141.25. Early and late goose hunting seasons.
(a) Early season and description.
(1) Subject to approval of the United States Fish and Wildlife Service, there will be an early Canada goose hunting season starting on September 1 (except when Sunday, then September 2), and ending on September [15] 25 (except when Sunday, then September [14] 24) Statewide, except in Crawford County where the season will end on September 15 (except when Sunday, then September 14). Geese may be taken on the Pymatuning State Park Reservoir and an area to extend 100 yards inland from the shoreline of the reservoir excluding the area east of L. R. 20006.
* * * * * § 141.26. Early Canada goose hunting season on Middle Creek Wildlife Management Area.
In lieu of fall season, the following apply:
(1) Opening of controlled hunting area. In years when the United States Fish and Wildlife Service does not authorize a regular fall Canada goose hunting season, but does authorize an early Canada goose hunting season, the Director may open the controlled hunting area at Middle Creek Wildlife Management Area for Canada goose hunting. When the controlled hunting area is open during an early Canada goose hunting season, the closed areas in Lebanon and Lancaster Counties, as defined in § 141.25(a)(2) (relating to early and late goose hunting seasons) do not apply.
(2) Registration for Middle Creek controlled goose hunting area, early season and description.
(i) Section 135.103 (relating to registration for controlled goose hunting areas) applies, except that applications will be accepted through the second Saturday in August and a public drawing will be held at the registration center at 10 a.m. on the second Saturday in August.
(ii) The restrictions as defined in § 135.104 (relating to restrictions on controlled goose hunting areas) apply.
(3) Bag limits. The bag limit in the controlled area of Middle Creek Wildlife Management Area is one goose.
§ 141.27. Early Canada goose hunting season on Pymatuning Wildlife Management Area.
(a) In lieu of fall season, the following apply:
(1) Opening of controlled hunting area. In years when the United States Fish and Wildlife Service does not authorize a regular fall Canada goose hunting season, but does authorize an early Canada goose hunting season, the Director may open the controlled hunting area at Pymatuning Wildlife Management Area for Canada goose hunting. When the controlled hunting area is open during an early Canada goose hunting season, the closed areas in Crawford County, as defined in § 141.25(a)(2) (relating to early and late goose hunting seasons) do not apply.
(2) Registration for Pymatuning controlled goose hunting area, early season and restrictions.
(i) Section 135.103 (relating to registration for controlled goose hunting areas) applies, except that applications will be accepted through the second Saturday in August and a public drawing will be held at the registration center at 10 a.m. on the second Saturday in August.
(ii) The restrictions defined in § 135.104 (relating to restrictions on controlled goose hunting areas) apply.
(3) Bag limits. The bag limit in the controlled area of Pymatuning Wildlife Management Area is one goose.
Subchapter C. BIG GAME § 141.45. Turkey.
(a) While hunting wild turkey, it is unlawful to:
* * * * * (4) Use or possess rifles or single projectile ammunition, except arrows, in Turkey Management Area #1 and Turkey Management Area #9.
* * * * *
Subchapter D. TRAPPING § 141.61. Trapping hours.
Except on the opening and closing day of trapping seasons, [fur-bearing] furbearing animals may be taken by trapping any hour, day or night, during the open season. On the opening day of trapping season, it is unlawful to set, place or stake out traps prior to 7 a.m. On the closing day, traps shall be removed by [12 noon] sunset.
[Pa.B. Doc. No. 96-479. Filed for public inspection March 29, 1996, 9:00 a.m.]
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