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PA Bulletin, Doc. No. 19-782



[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Big Game

[49 Pa.B. 2611]
[Saturday, May 25, 2019]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2019, meeting to amend § 141.47 (relating to elk) to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

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

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

 This proposed rulemaking was made public at the April 9, 2019, meeting of the Commission. Comments can be sent until July 17, 2019, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 At present, the minimum caliber and bullet weight requirements to hunt elk are .27 caliber and 130 grains, respectively. These requirements do not currently permit the use of the 6.5 mm Creedmoor round. Sportsmen have requested that the Commission review current regulations and consider adjustments to allow use of the 6.5 mm Creedmoor round and related .26 caliber firearms. The Commission has since reviewed the .26 caliber range and determined that these firearms provide adequate and commonly accepted kinetic energies to efficiently and ethically harvest elk. The Commission is proposing to amend § 141.47 to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

 Section 2102(d) of the code (relating to regulations) 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 to § 141.47 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 141.47 to reduce the minimum caliber and bullet weight to .26 caliber and 120 grains, respectively.

3. Persons Affected

 Persons wishing to hunt or take elk within this Commonwealth may be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

Fiscal Note: 48-444. No fiscal impact; (8) recommends adoption.

Annex A




Subchapter C. BIG GAME

§ 141.47. Elk.

 (a) Permitted devices. It is lawful to hunt elk during the elk season with any of the following devices:

 (1) A manually operated, centerfire rifle or handgun. The firearm must be a [.27] .26 caliber or larger firearm that propels single-projectile ammunition [130] 120 grains or larger.

*  *  *  *  *

[Pa.B. Doc. No. 19-782. Filed for public inspection May 24, 2019, 9:00 a.m.]

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