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PA Bulletin, Doc. No. 23-400

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[53 Pa.B. 1681]
[Saturday, March 25, 2023]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2023, meeting to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2023-2024 license year.

 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 January 28, 2023, meeting of the Commission. Comments can be sent until April 12, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2023-2024 license year. The 2023-2024 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the management of the wildlife resources of this Commonwealth.

 For small game, a significant expansion of opportunity for put-and-take hunting of captive-reared bobwhite quail in most of this Commonwealth is proposed by means of an earlier season opening date, later season closing date and removal of the daily bag limit. Also, adjustments to crow season dates and addition of Thursdays as hunting days are proposed to shift hunting opportunity from the peak breeding season to the fall and winter months. For black bear, 5 wildlife management units (WMUs) (1B, 2C, 4A, 4B and 4D) are proposed to be deleted from the extended firearms black bear season because of declining trends in nuisance complaints and hunter success rates. For furbearers, WMUs 3B and 4E are proposed to be opened to river otter trapping because habitat and population data indicate that these units can support sustainable otter harvest. Also, several furbearers are proposed for addition to the list of species that are legal for falconry harvest. For elk, the proposed archery season is a week later than in 2022-2023 to provide additional time between the license drawing and the beginning of the season. For falconry, an expansion of falconry opportunities, to include the period of overlap with the regular firearms deer season, is proposed for those species for which falconry is a legal means of take. This expansion fully implements the intended effect of recent amendments to § 141.4 (relating to hunting hours) made by the Commission at its July 9, 2022, meeting. No substantive changes are proposed for white-tailed deer or wild turkey seasons, although the 2024 youth and regular spring turkey seasons are proposed to open 5 days later than in 2023. This is a normal fluctuation that occurs every several years for consistency with the wild turkey management plan guideline of opening the regular season the Saturday closest to May 1.

 Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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. . .'' The amendments to § 139.4 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 139.4 to provide updated seasons and bag limits for the 2023-2024 hunting/furtaking license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2023-2024 hunting/furtaking license year will 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

 The effective dates of this proposed rulemaking are July 1, 2023, to June 30, 2024.

6. Contact Person

 For further information regarding this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

Fiscal Note: 48-493. No fiscal impact; recommends adoption.


Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

 (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the table which appears in § 139.4, 58 Pa. Code pages 139-3—139-18, serial pages (404705)—(404720), with the following table.)

§ 139.4 Seasons and bag limits for the license year.

2023-2024 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
Second day
Squirrel—(Combined species)1
Eligible Junior Hunters only, with or without the required junior license
Sept. 9Sept. 23618
Squirrel—(Combined species)2Sept. 9 Nov. 11 6 18
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13 Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 24
and
Dec. 11Dec. 23
and
Dec. 26Feb. 29, 2024
Ruffed Grouse2Oct. 14Nov. 1126
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 24
and
Dec. 11Dec. 23
Rabbit, Cottontail1
Eligible Junior Hunters only, with or without the required junior license
Sept. 30Oct. 14412
Rabbit, Cottontail2Oct. 14Nov. 11412
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 24
and
Dec. 11Dec. 23
and
Dec. 26Feb. 29, 2024
Ring-necked Pheasant—There is no open season for the taking of pheasants in the Franklin County Wild Pheasant Recovery Area.
Central Susquehanna Wild Pheasant Recovery Area—Male only1As authorized by the Executive Order
Ring-necked Pheasant—Male or Female1
Eligible Junior Hunters only, with or without the required junior license
Oct. 7Oct. 1426
Ring-necked Pheasant—Male or Female2Oct. 21Nov. 1126
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 24
and
Dec. 11 Dec. 23
and
Dec. 26 Feb. 29, 2024
Bobwhite Quail—There is no open season for the taking of bobwhite quail in the area surrounding the Letterkenny Bobwhite Quail Focus Area, as designated in § 141.30 (relating to bobwhite quail recovery area).
Bobwhite Quail2Sept. 1Nov. 11Unlimited
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19 Sun.3, Nov. 19
and
Nov. 20 Nov. 24
and
Dec. 11Dec. 23
and
Dec. 26Mar. 30, 2024
Hare (Snowshoe Rabbits) or Varying Hare1Dec. 26Jan. 1, 2024 13
Woodchuck (Groundhog)2July 1 Nov. 11 Unlimited
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 24
and
Dec. 11 June 29, 2024
Crow3
(Hunting permitted on Thursday, Friday, Saturday and Sunday only)
Aug. 24 Mar. 24, 2024Unlimited
Starling and English Sparrow3No closed season, except season closed during the regular firearms deer season(s).Unlimited

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—712) as published in the Federal Register on or about February 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) Hunting on Sunday not authorized.1

WILD TURKEY

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Turkey, Fall—Male or Female111
WMU 2B Oct. 28Nov. 17
and
Nov. 22Nov. 24
WMUs 1A, 1B, 4A, 4B, 4D and 4E Oct. 28Nov. 4
WMUs 2A, 2F, 2G, 2H, 3A, 3B, 3C, 3D and 4COct. 28Nov. 11
WMUs 2C, 2D and 2E Oct. 28Nov. 11
and
Nov. 22Nov. 24
WMU 5BOct. 31Nov. 2
WMUs 5A, 5C and 5D Closed to fall turkey hunting
Turkey, Spring1
Bearded Bird only, Eligible Junior Hunters only, with the required junior license
Apr. 27, 2024Apr. 27, 202411
Turkey, Spring1,4
Bearded Bird only
12
May 4, 2024May 18, 2024 May be hunted 1/2 hour before sunrise to 12 noon
and
May 20, 2024 May 31, 2024May be hunted 1/2 hour before sunrise to 1/2 hour after sunset

FALCONRY

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
Second day
Squirrel—(Combined species)2Sept. 1Nov. 11618
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Quail2Sept. 1 Nov. 11 Unlimited
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 25
and
Sun.3, Nov. 26 Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Ruffed Grouse2Sept. 1Nov. 1126
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13 Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20 Nov. 25
and
Sun.3, Nov. 26 Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Cottontail Rabbits2Sept. 1 Nov. 114 12
and
Sun.3, Nov. 12 Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27 Mar. 30, 2024
Snowshoe or Varying Hare2Sept. 1Nov. 11 13
and
Sun.3, Nov. 12 Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19 Sun.3, Nov. 19
and
Nov. 20 Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Ring-necked Pheasant—Male2 and Female (Combined)Sept. 1 Nov. 1126
and
Sun.3, Nov. 12 Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Mink, Muskrat, Fox, Opossum, Raccoon, Striped Skunk, and Weasel2Sept. 1 Nov. 11Unlimited
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13 Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Mar. 30, 2024
Migratory Game Bird1—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

SpeciesFirst DayLast DaySeason
Limit
Deer, Archery (Antlered and Antlerless)2, 5
With the required archery license WMUs 2B, 5C and 5D
Sept. 16 Nov. 11 One antlered deer, and an antlerless deer with each required anterless license.
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13 Nov. 18
and
Sun.3, Nov. 19 Sun.3, Nov. 19
and
Nov. 20Nov. 24
and
Dec. 26Jan. 27, 2024
Deer, Archery (Antlered and Antlerless)2, 5
With the required archery license
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B
Sept. 30Nov. 11One antlered deer, and an anterless deer with each required antlerless license.
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 17
and
Dec. 26Jan. 15, 2024
Deer, Muzzleloading (Antlerless only)1
With the required muzzleloading license
Oct. 14 Oct. 21 An antlerless deer with each required antlerless license.
Deer, Special firearms (Antlerless only)
Only Junior and Senior License Holders6
Mentored Permit Holders9, Commission Disabled Person Permit Holders (to use a vehicle as a blind), and Residents serving on active duty in the United States Armed Forces or United States Coast Guard
Oct. 19Oct. 21An anterless deer with each required antlerless license.
Deer, Regular Firearms (Antlered & Antlerless)2, 5
Statewide
Nov. 25Nov. 25One antlered deer, and an anterless deer with each required anterless license.
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Dec. 9
Deer, Flintlock (Antlered or Antlerless)1, 5
With the required muzzleloading license
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B
Dec. 26Jan. 15, 2024One antlered or one antlerless deer, plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)1, 5
WMUs 2B, 5C and 5D
Dec. 26 Jan. 27, 2024 One antlered or one antlerless deer, plus an additional antlerless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)1
WMUs 2B, 5C and 5D
Dec. 26 Jan. 27, 2024 An antlerless deer with each required antlerless license.
Deer, Antlerless1
(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.

BLACK BEAR

SpeciesFirst DayLast DaySeason
Limit
Bear, Archery2, 7
WMUs 2B, 5C and 5D
Sept. 16 Nov. 11 1
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 24
Bear, Archery2, 7
WMU 5B
Sept. 30 Nov. 11 1
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 17
Bear, Archery1, 7
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A
Oct. 14Nov. 41
Bear, Muzzleloader1, 7
(Statewide )
Oct. 14 Oct. 21 1
Bear, Special firearms7
Only Junior and Senior License Holders6, Mentored Permit Holders9, Commission Disabled Person Permit Holders (to use a vehicle as a blind), and Residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard (Statewide)
Oct. 19Oct. 211
Bear, Regular Firearms2, 7
(Statewide)
Nov. 18 Nov. 18 1
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 21
Bear, Extended firearms2, 7
WMUs 2B, 5B, 5C and 5D
Nov. 25Nov. 251
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Dec. 9
Bear, Extended firearms2, 7
WMUs 3A, 3B, 3C, 3D, 4C, 4E and 5A
Nov. 25Nov. 251
and
Sun.3, Nov. 26 Sun.3, Nov. 26
and
Nov. 27Dec. 2

ELK

SpeciesFirst DayLast DaySeason
Limit
Elk, Special Conservation Tag1,8 and Special-License Tag1, 8 (Antlered and Antlerless)Sept. 1Nov. 41
Elk, Archery1, 8Sept. 16 Sept. 30 1
Elk, Regular1,8
(Antlered and Antlerless)
Oct. 30Nov. 41
Elk, Late1,8Dec. 30 Jan. 6, 2024 1

FURTAKING—TRAPPING

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Mink and MuskratNov. 18Jan. 7, 2024Unlimited
Beaver Dec. 16Mar. 31, 2024
WMUs 1A and 1B (Combined)20 60
WMUs 2A, 2B and 3C (Combined)2040
WMUs 2C, 2D, 2E, 2F, 3A, 3B, 3D, 5C and 5D (Combined)2020
WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and 5B (Combined)55
SpeciesFirst DayLast DaySeason
Limit
Coyote, Fox, Opossum, Raccoon, Striped Skunk and WeaselOct. 21Feb. 18, 2024Unlimited
Coyote and Fox
Use of cable restraint devices authorized with required certification
Dec. 26Feb. 18, 2024Unlimited
Bobcat, with required bobcat permit
WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Dec. 16Jan. 7, 20241
Fisher, with required fisher permit
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Dec. 16Dec. 311
River Otter, with required otter permit
WMUs 1A, 1B, 2F, 3B, 3C, 3D and 4E
Feb. 10, 2024Feb. 17, 20241

FURTAKING—HUNTING

Unlimited
May be hunted any hour, day or night, on open dates from July 1—Nov. 24 and Dec. 10—June 29, 2024. May only be hunted from 1/2 hour after sunset to 1/2 hour before sunrise from Nov. 25—Dec. 9.
Unlimited
May be hunted any hour, day or night, on open dates from Oct. 21—Nov. 24 and Dec. 10—Feb. 17, 2024. May only be hunted from 1/2 hour after sunset to 1/2
hour before sunrise from Nov. 25—Dec. 9.
3 10
SpeciesFirst Day Last Day Daily
Limit
Season
Limit
Coyote—(Outside of any big game season)3May be taken with a hunting license or a furtaker's license.Unlimited
Coyote—(During any big game season)May be taken while lawfully hunting big game or with a furtaker's license.Unlimited
Opossum, Striped Skunk, Weasel2July 1Nov. 11
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3 Nov. 19 Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27June 29, 2024
Fox3Oct. 21Feb. 17, 2024Unlimited
May be hunted any hour, day or night, from Oct. 21—Nov. 24 and Dec. 10—Feb. 17, 2024. May only
be hunted from 1/2 hour after
sunset to 1/2 hour before sunrise from Nov. 25—Dec. 9.
Raccoon2Oct. 21 Nov. 11
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 25
and
Sun.3, Nov. 26Sun.3, Nov. 26
and
Nov. 27Feb. 17, 2024
Bobcat, with required bobcat permit1
WMUs 2A, 2B, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Jan. 6, 2024Jan. 31, 202411
Porcupine2Oct. 7Nov. 11
and
Sun.3, Nov. 12Sun.3, Nov. 12
and
Nov. 13Nov. 18
and
Sun.3, Nov. 19Sun.3, Nov. 19
and
Nov. 20Nov. 24
and
Dec. 11Dec. 23
and
Dec. 26Jan. 27, 2024

No open seasons on other wild birds or wild mammals.

1 No hunting on Sunday authorized. See 34 Pa.C.S. § 2303 (relating to hunting on Sunday prohibited).

2 Hunting on Sunday authorized on separately delineated Sunday date(s) only. See 34 Pa.C.S. § 2303.

3 Hunting on Sunday is authorized. See 34 Pa.C.S. § 2303.

4 Only persons who possess a special wild turkey license as provided for in 34 Pa.C.S. § 2709 (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of 2 spring gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.

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

6 Includes resident and nonresident license holders 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 34 Pa.C.S. § 2706 (relating to resident license and fee exemptions).

7 Only one bear may be taken during the hunting license year with the required bear license.

8 Only one elk may be taken during the hunting license year with the required elk license.

9 Includes mentored youth and mentored adults with a valid mentored hunter permit issued under Chapter 147, Subchapter X (relating to Mentored Hunting Program permit).

[Pa.B. Doc. No. 23-400. Filed for public inspection March 24, 2023, 9:00 a.m.]



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