PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Small Game
[54 Pa.B. 1332]
[Saturday, March 16, 2024]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 27, 2024, meeting to amend § 141.28 (relating to wild pheasant recovery areas) to eliminate age restriction and permit requirements and provide the Director the authority to annually designate wild pheasant recovery areas (WPRA) to be opened to hunting and establish appropriate season dates and bag limits.
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 27, 2024, meeting of the Commission. Comments may be sent until April 3, 2024, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Pheasant hunting within a WPRA is currently limited to youth participants who are authorized by permit to hunt in designated pheasant hunt zones within the Central Susquehanna WPRA only. Youth participants are selected for WPRA hunting access permits through a raffle conducted by the Commission. The Commission has determined that these restrictions are no longer necessary because the biological impacts of hunting on wild pheasant populations can be adequately controlled by limiting harvest to male pheasants and by following an annual executive order process specifying whether a season is to be opened and, if opened, the season length and bag limit that will apply. Therefore, the Commission is proposing to amend § 141.28 to eliminate age restriction and permit requirements and provide the Director the authority to annually designate WPRAs to be opened to hunting and establish appropriate season dates and bag limits. As a result of this regulatory change, all individuals eligible to hunt pheasants Statewide would also be allowed to participate in pheasant hunting within WPRAs, subject to landowner permission.
Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''[d]efine geographic limitations or restrictions.'' Section 2102(c) of the code (relating to regulations) directs that ''[t]he commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' Section 2102(a) of the code provides that ''[t]he 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 § 141.28 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.28 to eliminate age restriction and permit requirements and provide the Director the authority to annually designate WPRAs to be opened to hunting and establish appropriate season dates and bag limits. As a result of this regulatory change, all individuals eligible to hunt pheasants Statewide would also be allowed to participate in pheasant hunting within WPRAs, subject to landowner permission.
3. Persons Affected
Persons concerned with hunting pheasants in any area designated as a WPRA 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 publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information about 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 DirectorFiscal Note: 48-505. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.28. Wild pheasant recovery areas.
* * * * * (b) Prohibitions. It is unlawful to:
(1) Release artificially propagated pheasants any time within any area designated as a WPRA.
(2) Hunt pheasants within any area designated as a WPRA, except the Director may authorize limited [youth] pheasant hunting opportunities [by Commission-issued access permit in the Central Susquehanna WPRA] in one or more WPRAs. During any year [youth] pheasant hunting opportunities are authorized in [the Central Susquehanna WPRA] one or more WPRAs, the Director will [establish the number of hunting access permits to be issued, a manner of distribution for a limited number of access permits to be raffled off by an organization promoting pheasant recovery efforts within this Commonwealth, and designate one or more pheasant hunt zones within the WPRA prior to the opening of the earliest established youth pheasant season. The Director or a designee will establish the application deadline and the date, time and location for the random drawing of applications for the issuance of any remaining limited youth pheasant hunting access permits within the Central Susquehanna WPRA. Limited youth pheasant hunting access permits are not transferrable. A pheasant hunting access permit shall be signed and carried on person when hunting or taking pheasants within the Central Susquehanna WPRA.] designate the WPRAs where the season will be estab-lished, the dates of the season and the daily bag limit.
[Pa.B. Doc. No. 24-342. Filed for public inspection March 15, 2024, 9:00 a.m.]
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