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PA Bulletin, Doc. No. 02-1053

PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Crossbow

[32 Pa.B. 2892]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendments:

   Amend § 141.1 (relating to special regulations areas) by making crossbows lawful for hunting deer during any deer season in special regulations areas; § 141.41 (relating to general) by making it unlawful to hunt deer, bear or elk with a crossbow that does not have a draw weight between 125 and 200 pounds; and § 141.43 (relating to deer) to require persons hunting deer during the archery seasons to have a valid disabled persons crossbow permit to take deer with a crossbow except in the special regulations areas.

   These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   These proposals were made public at the April 9, 2002, meeting of the Commission and comments on the proposals can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.

   1.  Introduction

   The Commission is proposing to amend §§ 141.1, 141.41 and 141.43 to make crossbows lawful for hunting deer during any deer season in the special regulations areas; to make it unlawful to use crossbows that do not have a draw weight between 125 and 200 pounds to hunt deer, bear or elk: and to require persons hunting deer during the archery seasons to have a valid disabled persons crossbow permit to take deer with a crossbow except in the special regulations areas.

   2.  Purpose and Authority

   The Commission has allowed hunters in the special regulations areas to use crossbows with a draw weight between 125 and 200 pounds to take deer during the firearms seasons for deer. The Commission is now proposing to expand the use of crossbows to include any deer season in the special regulations areas and Statewide during deer, bear and elk firearms seasons.

   Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to promulgate regulations relating to seasons and bag limits for hunting or furtaking and the number and types of devices and equipment allowed. Section 2102(d) of the code 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 were proposed under this authority.

   3.  Regulatory Requirements

   The proposed amendments will allow the use of crossbows during any deer season in the special regulations areas and allow the use of crossbows Statewide during deer, elk and bear firearms seasons.

   4.  Persons Affected

   Individuals wishing to hunt deer, elk or bear using a crossbow may be affected by these proposed amendments.

   5.  Cost and Paperwork Requirements

   The proposed amendments should not result in any additional cost or paperwork.

   6.  Effective Date

   The proposed amendments will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

   7.  Contact Person

   For further information regarding these proposed amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-143. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter A.  GENERAL

§ 141.1.  Special regulations areas.

*      *      *      *      *

   (d)  Permitted acts. It is lawful to:

*      *      *      *      *

   (5)  Take deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds [during the regular firearms seasons].

Subchapter C.  BIG GAME

   (Editor's Note:  See 32 Pa.B. 2891, 2892 (June 15, 2002) for a proposed rulemaking concerning this section.)

§ 141.41.  General.

   It is unlawful to:

   (1)  Hunt for big game birds or animals with arrows or crossbow bolts other than those tipped with broadheads of a cutting-edge design.

*      *      *      *      *

   (4)  Hunt for deer, elk or bear with a crossbow with a draw weight of less than 125 pounds or more than 200 pounds.

§ 141.43.  Deer.

   (a)  Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:

*      *      *      *      *

   (5)  Except in special regulations areas, hunt or take deer with a crossbow without a valid disabled persons crossbow permit.

*      *      *      *      *

[Pa.B. Doc. No. 02-1053. Filed for public inspection June 14, 2002, 9:00 a.m.]



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