RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 143]
Seasons and Bag Limits Table; Antlerless Deer Licenses and Bear Licenses
[27 Pa.B. 2417] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 15, 1997, adopted the following changes:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1997--1998 hunting license year.
Amend § 143.48 (relating to first-come-first-served license issuance) to clarify conditions for the initial acceptance of antlerless deer license applications.
Amend § 143.51 (relating to application and issuance of bonus tags) concerning issuance of bonus antlerless deer licenses to muzzleloader hunters.
Amend Chapter 143, Subchapter D (relating to bear licenses), by adding §§ 143.66--143.70 concerning the application, issuance and display of bear licenses.
These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
1. Amendment to § 139.4
To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 14, 1997, meeting proposed, and at its April 15, 1997, meeting finally adopted, changing § 139.4 to provide for seasons and bag limits for the 1997--1998 license year. These seasons and bag limits were proposed under sections 322(c)(1) and 2102(b)(1) of the code (relating to power and duties of Commission; and regulations). Notable changes for the 1997--1998 year are the allowing of the taking of a coyote during the spring gobbler season, a special squirrel season for junior hunters and the limitation of two deer per hunter except in Special Regulations Areas.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322(b) of the code specifically empowers the Commission to '' . . . fix seasons . . . and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits. The originally proposed amendments included a provision for no closed season on chipmunks, red squirrels and porcupines. As the result of public comments, the Commission decided to defer that action. The Commission also decided to add the provisions mentioned in the introduction and to close State Game Lands No. 69 to woodcock hunting so that area can be used for research.
3. Regulatory Requirements
These seasons and bag limits establish when and where it is lawful to hunt and trap various game species and place limits on the numbers that can be legally taken.
4. Persons Affected
All persons wishing to hunt and trap in this Commonwealth would be affected by these seasons and bag limits.
5. Comment and Response Summary
The only written comments received by the Commission relate to removing protection from chipmunks, red squirrels and porcupines. As a result, the Commission has decided to defer the action.
6. Cost and Paperwork Requirements
The new seasons and bag limits would not result in additional cost either to the Commission or to hunters and furtakers.
7. Effective Dates
The amendments are effective July 1, 1997 to June 30, 1998.
Amendments to Chapter 143, Subchapter C (relating to antlerless deer licenses)
To clarify procedures and more fairly provide antlerless deer hunting opportunities, the Commission at its January 14, 1997, meeting proposed, and at its April 15, 1997, meeting finally adopted, changes to Chapter 143, Subchapter C to clarify procedures for issuing antlerless deer licenses and to give muzzleloader license holders additional opportunity to obtain bonus antlerless licenses. These changes are being adopted under the authority contained in section 2722(g) of the code (relating to authorized license issuing agents).
2. Purpose and Authority
Section 143.48 generally refers to § 143.45 (relating to completing and submitting applications) in establishing procedures for the issuance of antlerless licenses. County treasurers have complained that this general reference has created some confusion. The change to § 143.48 would refer to specific subsections of § 143.45.
The change to § 143.51 would provide holders of muzzleloader licenses 3 additional days to apply for bonus antlerless licenses before those licenses are made available to the general public. Muzzleloader license holders are required to give up their regular antlerless license application to get the muzzleloader license. The change helps to compensate for this sacrifice by providing more opportunity for bonus tags.
Section 2722(g) of the code authorizes the Commission to adopt regulations controlling license issuance. Both of the changes are being adopted under this authority.
3. Regulatory Requirements
The change to § 143.48 merely clarifies current requirements. The change relaxes restrictions on muzzleloader hunters seeking bonus antlerless deer licenses.
4. Persons Affected
County treasurers and their employes and those seeking bonus antlerless deer licenses would be affected by these changes.
5. Comment and Response Summary
No written comments were received on the proposed changes.
6. Cost and Paperwork Requirements
The changes will not result in additional cost and paperwork.
7. Effective Date
These changes are effective on publication in the Pennsylvania Bulletin and remain in effect until changed by the Commission.
1. Amendments to Chapter 143, Subchapter D (relating to bear licenses)
To more efficiently issue bear licenses, the Commission at its January 14, 1997, meeting proposed, and at its April 15, 1997, meeting finally adopted, §§ 143.66--143.70 which allow the issuance of bear licenses by authorized license issuing agents and dispense with the requirement to display the bear license while hunting. These changes are adopted under sections 2102 and 2722(g) of the code.
2. Purpose and Authority
Bear license applications are currently processed, and bear licenses are currently issued, directly by the Commission. When there was a limit on the number of these licenses available, that procedure was necessary. Now that there is no limitation on the number of bear licenses, it would be more efficient and convenient to the license purchaser to have authorized license issuing agents perform that function. In addition, given the limited nature of the bear hunting season, it was decided that it would be more convenient to dispense with requiring display of the license.
Section 2102 of the code authorizes the Commission to '' . . . promulgate such regulations as it deems necessary and appropriate concerning . . . hunting or furtaking in this Commonwealth, . . . '' section 2722(g) of the code authorizes the Commission to adopt regulations relating to administration and control of license issuance activities.
3. Regulatory Requirements
The changes allow authorized license issuing agents to issue bear licenses and require that the bear license be signed and carried but not displayed.
4. Persons Affected
Authorized license issuing agents would have additional workload but would also receive additional fees. It is anticipated that the proposed system would be more convenient for most bear license purchasers.
5. Comment and Response Summary
No written comments were received on the proposed changes.
6. Cost and Paperwork Requirements
Authorized license issuing agents might have some additional cost and paperwork which would be offset by additional fees. The burden on the Commission would be lightened.
7. Effective Date
This change is effective on publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Contact Person
For further information on the changes or to comment, the contact person is James R. Fagan, Director, Bureau of Law Enforcement (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(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 Chapters 139 and 143, are amended by amending §§ 143.48 and 143.51 and by adding §§ 143.66--143.70 to read as set forth at 26 Pa.B. 928 (February 22, 1997) and by amending § 139.4 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 27 Pa.B. 928 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order is effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-96 remains valid for the final adoption of the subject regulations.
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.
1997-1998 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--Gray, Black and Fox (Combined)--Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Oct. 11 Oct. 13 6 12 Squirrels--Gray, Black and Fox (Combined) Oct. 18
Dec. 26
andNov. 29
Jan. 24, 19986 12 Ruffed Grouse--Statewide Oct. 18
Dec. 26
andNov. 29
Jan. 24, 19982 4 Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING'' Rabbits, Cottontail Nov. 1
Dec. 26
andNov. 29
Feb. 7, 19984 8 Ringneck Pheasant--Male only Nov. 1 Nov. 29 2 4 Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area only Nov. 1
Dec. 26
andNov. 29
Jan. 24, 19982 4 Pheasant--Male only in that portion of Mercer County west of Interstate 79 and north of Interstate 80 Nov. 1 Nov. 29 2 4 Pheasant--There is no open season for the taking of pheasants in those areas designated and defined as PHEASANT RESTORATION AREAS A, B, C, D, E and F Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all counties except Adams, Chester, Cumberland, Dauphin, Delaware, Franklin, Fulton, Juniata, Lancaster, Lebanon, Perry, Snyder and York where the season is closed. Nov. 1 Nov. 29 4 8 Hares (Snowshoe Rabbits) or Varying Hares Dec. 26 Jan. 1, 1998 2 4 Woodchucks (Groundhog) No closed season except during the antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season Unlimited
Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female Management Areas # 1-A, 1-B & 7-B Nov. 1 Nov. 8 1 1 Management Areas # 2, 6, 7-A & 8 Nov. 1 Nov. 15 1 1 Management Areas # 3, 4 & 5 Nov. 1 Nov. 22 1 1 Management Area # 9-A Closed to fall turkey hunting Management Area # 9-B Nov. 3 Nov. 7 1 1 Turkey (Spring Gobbler) Statewide
Bearded Bird onlyMay 2, 1998 May 30, 1998 1 1
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 et seq.) as published in the Federal Register on or about August 27 and September 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) Subject to approval by the United States Fish and Wildlife Service, an early and late season for Canada geese will be held as defined in § 141.25.
(d) There is no open season for taking Woodcock within the boundaries of State Game Land No. 69, located in Randolph, Richmond and Troy Townships in Crawford County, Pennsylvania.
Field Possession Daily Limit After Species First Day Last Day Limit First Day Crows
(Hunting permitted on Friday, Saturday and Sunday only)July 4
Dec. 26
andNov. 30
Mar. 29, 1998Unlimited Starlings and English Sparrows No closed season except during the antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey season Unlimited FALCONRY Squirrels--Gray, Black and Fox (Combined) Sep. 1 Mar. 28, 1998 6 12 Quail Sep. 1 Mar. 28, 1998 4 8 Ruffed Grouse Sep. 1 Mar. 28, 1998 2 4 Cottontail Rabbits Sep. 1 Mar. 28, 1998 4 8 Snowshoe or Varying Hare Sep. 1 Mar. 28, 1998 2 4 Ringneck Pheasant--Male and Female (Combined) Sep. 1 Mar. 28, 1998 2 4 Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Daily Season Species First Day Last Day Limit Limit Deer (Archery), Antlered or Antlerless with the appropriate license Oct. 4
Dec. 26
andNov. 15
Jan. 10, 19981 Per Day One antlered.**
One antlerless deer with required antlerless licenseDeer (Buck), Statewide, Antlered with 2 or more points to an antler or a spike 3 or more inches long Dec. 1 Dec. 13 1 Per Day One antlered.** Deer (Doe) Antlerless (Statewide) Dec. 15 Dec. 17 1 Per Day One antlerless deer with required antlerless license Deer (Doe) Antlerless
(Presque Isle State Park, Erie County)Dec. 10 Dec. 12 One antlered deer.**
One antlerless deer with required antlerless license.Deer (Muzzleloading Firearms),
(Flintlock only) Antlered or AntlerlessDec. 26 Jan. 10, 1998 1 Per Day One antlered** or one antlerless--plus one additional antlerless deer with required antlerless license Deer (Doe) Antlerless
Only on those lands designated by the Executive Director as ''Deer Damage Areas'' and posted with approved signsDec. 1 Dec. 13 One antlerless deer with required antlerless license. Deer (Letterkenny Army Depot,
Franklin County and New Cumberland Army Depot, York County and Fort Ritchie, Raven Rock Site, Adams County) AntlerlessHunting is permitted on days established by the United States Department of the Army One antlerless deer with required antlerless license. SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTYDeer (Buck), Antlered Dec. 1 Dec. 13 One antlered deer.** Deer (Doe), Antlerless Dec. 1
Dec. 26
andDec. 17
Jan. 10, 1998One antlerless deer with each required antlerless license. BONUS TAGS 58 Pa. Code §§ 143.51 and 143.52 (relating to bonus tags) apply only in Special Regulations Areas and to holders of a current Muzzleloader License Stamp.
BEAR
Daily Season Species First Day Last Day Limit Limit Bear, any age Nov. 24 Nov. 26 1 1 FURTAKING--TRAPPING Minks and Muskrats--Statewide Nov. 22 Jan. 11, 1998 Unlimited Beaver--Statewide Dec. 18 Jan. 25, 1998 Zones 1, 2 & 3
(except Bradford, Susquehanna
and Wayne Counties)10 20 Bradford, Susquehanna and
Wayne Counties10 40 Zone 4 & 5 10 10 Zone 6 6 6 Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--Statewide Oct. 18 Feb. 14, 1998 Unlimited
FURTAKING--HUNTING Coyotes--Statewide No closed season. Coyotes may be taken during the regular antlered and antlerless deer seasons or extensions only by hunters who have a valid deer tag or during the spring gobbler turkey season by hunters who have a valid spring turkey tag and meet fluorescent orange and shot size requirements. Unlimited Opossums, Skunks, Weasels--Statewide No closed season. These species may not be hunted prior to 12 noon during the spring gobbler turkey season. Raccoons and Foxes--Statewide Oct. 18 Feb. 14, 1998 Unlimited No open seasons on other wild birds or wild mammals.
**Only one antlered deer (buck) may be taken during all seasons of the hunting license year.
[Pa.B. Doc. No. 97-761. Filed for public inspection May 16, 1997, 9:00 a.m.]
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