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PA Bulletin, Doc. No. 11-513


[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Furbearers

[41 Pa.B. 1626]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its February 1, 2011, meeting, to amend §§ 141.62 and 141.63 (relating to beaver trapping; and definitions) and to add § 141.69 (relating to artificial cubbies) to define and clarify the standards regarding certain trapping activities.

 The proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

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

 The proposed rulemaking was made public at the February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is proposing a variety of amendments to define and clarify the standards regarding certain trapping activities. First, the Commission is proposing to amend § 141.62 to clarify that the 20 trap or snare limitation is a Statewide total, not a wildlife management unit, watercourse or waterway limitation. The Commission is also proposing to amend § 141.63 to provide definitions for the terms ''artificial cubby'' and ''foot encapsulating trap.'' Lastly, the Commission is proposing to add § 141.69 to authorize and set the conditions attendant to the use of artificial cubbies in trapping activities.

 Section 2102(d) of the code (relating to regulations) provides ''The commission shall 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.'' Section 2102(a) of the code provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to §§ 141.62 and 141.63 and the addition of § 141.69 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend §§ 141.62 and 141.63 and add § 141.69 to define and clarify the standards regarding certain trapping activities.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6. Contact Person

 For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

Fiscal Note: 48-327. No fiscal impact; (8) recommends adoption.

Annex A




Subchapter D. FURBEARERS

§ 141.62. Beaver trapping.

*  *  *  *  *

 (b) Unlawful acts. It is unlawful to:

*  *  *  *  *

 (4) [In an area where beavers are known to inhabit, set] Set, tend or operate more than a combined Statewide total of 20 traps or snares no more than 10 of which may be traps. No more than two of the traps may be body gripping traps except in Wildlife Management Units 1B, 3A, 3B, 3C and 3D where the two body gripping trap limit does not apply.

*  *  *  *  *

§ 141.63. Definitions.

 In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361[(a)(11)] of the act (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:

Artificial cubby—A baited enclosure constructed of natural or artificial material that is designed to house and corral a furbearer into a body-gripping trap.

*  *  *  *  *

Foot encapsulating trap—A device that has all triggering and restraining mechanisms enclosed by a housing which, once set, allows access to the triggering mechanism through a single opening not to exceed 2 inches in diameter or diagonally and is anchored by a swivel-mounted anchoring mechanism.

*  *  *  *  *

§ 141.69. Artificial cubbies.

Furtakers are permitted to trap furbearers through the use of artificial cubbies when the following conditions are met:

(1) The artificial cubby is placed within an established watercourse, waterway, marsh, pond or dam.

(2) The entrance to the artificial cubby does not exceed 50 square inches.

(3) The triggering mechanism of the trap is recessed within the artificial cubby at least 7 inches from the entrance.

(4) The artificial cubby is anchored in a manner so that it cannot be moved or rolled.

[Pa.B. Doc. No. 11-513. Filed for public inspection March 25, 2011, 9:00 a.m.]

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