PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Furbearers

[53 Pa.B. 1692]
[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 § 141.67 (relating to furbearer seasons) to expand the list of devices that are permitted to be used to hunt and take furbearers having an open falconry season to include falcons lawfully possessed under a falconry permit.

 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

 Members of the falconry community have recently requested an expansion of the hunting seasons for falconry to include certain mink, muskrat, fox, opossum, raccoon, striped skunk and weasel. The Commission has reviewed this request and preliminarily included the addition of these species in the 2023-2024 seasons and bag limits proposal. If approved, this falconry season/species expansion will require the addition of falcons to the list of lawful devices that may be used to harvest any furbearer having an open falconry season. A similar provision was added to § 141.22(a)(7) (relating to small game seasons) to accommodate this similar purpose. The Commission is proposing to amend § 141.67 to expand the list of devices that are permitted to be used to hunt and take furbearers having an open falconry season to include falcons lawfully possessed under a falconry permit.

 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 § 141.67 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 141.67 to expand the list of devices that are permitted to be used to hunt and take furbearers having an open falconry season to include falcons lawfully possessed under a falconry permit.

3. Persons Affected

 Persons wishing to hunt furbearers with a falcon within this Commonwealth 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

 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 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: 48-498. No fiscal impact; recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS

§ 141.67. Furbearer seasons.

 (a) Permitted devices. It is lawful to hunt or take furbearers during any furtaking season with the following devices:

 (1) A manually operated or semiautomatic rifle or manually operated handgun that propels single-projectile ammunition.

*  *  *  *  *

 (11) A cage or box trap, except as prohibited under section 2361(a)(17) of the act.

 (12) A raptor. The raptor shall be lawfully possessed under a falconry permit under section 2925 of the act (relating to falconry permits).

 (b) Prohibitions. While hunting furbearers during any furbearer hunting or trapping season, it is unlawful to:

*  *  *  *  *

[Pa.B. Doc. No. 23-402. Filed for public inspection March 24, 2023, 9:00 a.m.]

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