RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[32 Pa.B. 3392]

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

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2002-2003 hunting license year.

   These final-form amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).

   1.  Introduction

   The Commission, at its January 15, 2002, meeting proposed, and at its April 9, 2002, meeting finally adopted, amending § 139.4 to provide for seasons and bag limits for the 2002-2003 license year. See 32 Pa.B. 1401 (March 16, 2001). These seasons and bag limits were adopted under the provisions of sections 322(c)(1) and 2102(b)(1) of code (relating to powers and duties of commission; and regulations). Major changes for the 2002-2003 year include a new ringneck pheasant season for eligible junior hunters only; an antler size restriction on antlered deer; and a separate additional bear season for the Counties of Carbon, Monroe and Pike.

   2.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322(c) 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.

   Major changes that have been finally adopted for the 2002-2003 season are primarily intended to increase the hunting opportunities for eligible junior hunters, decrease the harvest of antlered deer while encouraging the harvest of antlerless deer and decrease the amount of damage caused by bears in the counties of Carbon, Monroe and Pike. Major changes are as follows:

   a.  A concurrent antlered and antlerless deer season will continue to encourage the harvesting of antlerless deer while a size limitation on the antlers of antlered deer that can be legally harvested should discourage the harvesting of antlered deer, except in the special regulations areas, junior hunters, disabled hunters with a permit to use a vehicle and residents serving on active military duty or in the United Sates Coast Guard who will be able to remain with the current antler restriction with two or more points to one antler or with one antler 3 inches or more in length.

   b.  There will be an early muzzleloader season, which will allow the use of any muzzleloading long gun.

   c.  Junior hunters will be given increased opportunities by way of a separate ringneck pheasant hunting season.

   d.  There will be an additional separate 6 day bear season in Carbon, Monroe and Pike Counties to try to reduce the population and, as a result, the damage caused by bears.

   e.  A week has been added to the fall turkey season in Turkey Management Area #7-A.

   3.  Regulatory Requirements

   The final-form seasons and bag limits would 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

   Persons wishing to hunt and trap in this Commonwealth would be affected by the seasons and bag limits.

   5.  Comment and Response Summary

   A total of 405 official comments were received with regard to the concurrent antlered/antlerless season. Those supporting pointed out that concurrent seasons allowed them to make more efficient use of their time afield; felt it would lead to improved management of this Commonwealth's deer herd; and enabled them to put venison on the family table. Those opposing ranked safety concerns as the top reason. Many described being afield in the 2001-2002 concurrent season and witnessing uncontrolled shooting; many deer being left in the field as a result of shots not being followed up and cases of outrageous, unsportsmanlike conduct.

   A total of 100 official comments were received with regard to the use of any long gun in the early muzzleloading season. Those supporting pointed out that inlines and percussion long guns are more efficient methods of taking antlerless deer. Those opposing said that this adoption would erode the long-standing tradition of flintlock muzzleloading deer hunting in this Commonwealth.

   A total of 262 official comments were received with regard to the junior license holder being able to use his general license to take an antlered or antlerless deer. Those supporting felt this expanded opportunity would help to recruit and retain new, young hunters. Those opposing noted concerns with unregulated antlerless harvest; the view that adults would do the shooting and use youngster's general tag; that this liberal approach would not teach youngsters the important lessons of patience and required hunting skills.

   No official comments were received with regard to the remaining final-form amendments.

   6.  Cost and Paperwork Requirements

   The final-form new seasons and bag limits would not result in any additional cost either to the Commission or to hunters and furtakers.

   7.  Effective Date

   The final-form amendments will be effective from July 1, 2002, to June 30, 2003.

   8.  Contact Person

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

   Findings

   The Game 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 Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.

   (B)  The Executive Director of the Commission shall submit this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (C)  This order shall become effective upon final publication in the Pennsylvania Bulletin and apply retroactively to July 1, 2002.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-138 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.

(SEASONS AND BAG LIMITS TABLE)
2002-2003 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

					Field Possession
Species	First Day		Last Day	Daily Limit	Limit After First Day
Squirrels--(Combined species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 12		Oct. 14	6	12
Squirrels--(Combined species)	Oct. 19		Nov. 30	6	12
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 8, 2003
Ruffed Grouse--(Statewide)	Oct. 19		Nov. 30	2	4
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Jan. 11, 2003
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. 2		Nov. 30	4	8
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 8, 2003
Ringneck Pheasant-- Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 12		Oct. 14	2	2
Ringneck Pheasant--Male only	Nov. 2		Nov. 30	2	4
Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area	Nov. 2		Nov. 30	2	4
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 8, 2003
Bobwhite Quail--The hunting	Nov. 2		Nov. 30	4	8
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.
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2003	1	2
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
Species	First Day		Last Day	Daily Limit	Season Limit
Turkey--Male or Female				1	1
Management Areas    #1-A, 2, 3, 4, 5, 6, 7-A & 8	Nov. 2		Nov. 23
Management Area #1-B	Nov. 2		Nov. 16
Management Area #7-B	Nov. 4		Nov. 9
Management Area #9-A	Closed to fall turkey hunting
Management Area #9-B	Nov. 2		Nov. 9
Turkey (Spring Gobbler) Statewide Bearded Bird only	April 26, 2003		May 24, 2003	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--711) 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.

					Field Possession
Species	First Day		Last Day	Daily Limit	Limit After First Day
Crows (Hunting permitted on Friday, Saturday and Sunday only)	July 5		Dec. 1	Unlimited
		and
	Dec. 27		April 6, 2003
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--(Combined species)	Sept. 1		Mar. 31, 2003	6	12
Quail	Sept. 1		Mar. 31, 2003	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2003	2	4
Cottontail Rabbits	Sept. 1		Mar. 31, 2003	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2003	1	2
Ringneck Pheasant--Male and Female--(Combined)	Sept. 1		Mar. 31, 2003	2	4
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

DEER

Species	First Day		Last Day	Season Limit	Field Possession Limit
Deer, Antlered--(Statewide) (Archery--Bows and Arrows Only)	Oct. 5		Nov. 16	1	One antlered.1
		and
	Dec. 26		Jan. 11, 2003
Deer, Antlerless--(Statewide)	Oct. 5		Nov. 16		An antlerless deer
(Archery--Bows and Arrows Only)		and			with each required
	Dec. 26		Jan. 11, 2003		antlerless license.
Deer, Regular Antlered--(Statewide)	Dec. 2		Dec. 14	1	One antlered.1
Deer, Antlerless only--(Statewide) Only Junior and Senior License Holders,2 Disabled Person Permit (to use a vehicle) Holders and Residents serving on active duty in the U.S. Armed Forces, or in the U. S. Coast Guard, with required antlerless license	Oct. 24		Oct. 26		An antlerless deer with each required antlerless license.
Deer, Regular Antlerless--(Statewide)	Dec. 2		Dec. 14		An antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide) (Any muzzleloading long gun)5	Oct. 19		Oct. 26		An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide) (Flintlock Muzzleloading firearms only)	Dec. 26		Jan. 11, 2003		One antlered, or1 one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.				An antlerless deer with each required antlerless license.

SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY

					Field Possession
Species	First Day		Last Day	Season Limit	Limit
Deer, Antlered	Oct. 5		Nov. 16	1	One antlered.1
(Archery--Bows and Arrows Only)6		and
	Dec. 26		Jan. 11, 2003
Deer, Antlerless	Oct. 5		Nov. 16		An antlerless deer
(Archery--Bows and Arrows Only)6		and			with each required
	Dec. 26		Jan. 11, 2003		antlerless license.
Deer, Regular Antlered	Dec. 2		Dec. 14	1	One antlered.1
Deer, Regular Antlerless	Dec. 2		Dec. 14		An antlerless deer
		and			with each required
	Dec. 26		Jan. 11, 2003		antlerless license.

BEAR

Species	First Day		Last Day	Daily Limit	Season Limit
Bear, any age--(Statewide)	Nov. 25		Nov. 27	1	14
Bear, any age (Carbon, Monroe and Pike Counties)	Dec. 2		Dec. 7	1	14
ELK
Elk, Antlered	Nov. 18		Nov. 23	1	1
Elk, Antlerless	Nov. 18		Nov. 23	1	1
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 23		Jan. 11, 2003	Unlimited
Beaver--(Statewide)	Dec. 26		Mar. 31, 2003
Zones 1 & 2    (except McKean, Potter and Tioga    Counties)				20	20
Zone 2    McKean, Potter and Tioga Counties				20	40
Zone 3				20	40
Zones 4 & 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide)	Oct. 20		Feb. 22, 2003	Unlimited
Bobcat (Zones 2 & 3)3	Oct. 20		Feb. 22, 2003	1	1

FURTAKING--HUNTING

Species	Limit	First Day	Last Day	Daily Limit	Season Limit
Coyotes--(Statewide)		No closed season. Coyotes may be taken from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker's license and wears 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined visible in a 360° arc from 2 hours before sunrise to 2 hours after sunset or by persons lawfully engaged in hunting deer or bear and have a valid tag, or during the spring gobbler turkey season by persons 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. 19	Feb. 22, 2003	Unlimited
Bobcat (Zones 2 & 3)3		Oct. 19	Feb. 22, 2003	1	1

No open seasons on other wild birds or wild mammals.

¹Only one antlered deer (buck) may be taken during the hunting license year.

²Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

³Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit.

⁴Only one bear may be taken during the hunting license year.

⁵Subject to the provisions of § 141.43 (relating to deer).

⁶Unless regulations are changed to allow the use of crossbows.

[Pa.B. Doc. No. 02-1198. Filed for public inspection July 12, 2002, 9:00 a.m.]

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