GAME COMMISSION [ 58 PA. CODE CH. 141 ] Hunting and Trapping [38 Pa.B. 6937]
[Saturday, December 20, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 24, 2008, meeting, proposed the following rulemaking:
Amend §§ 141.41, 141.43, 141.44, 141.45 and 141.47 to restructure the regulatory provisions relating to big game hunting to promote consistency and clarity in the regulations and also permit the full inclusion of crossbows during the various big game seasons to expand opportunity and increase participation in big game hunting within this Commonwealth.
The proposed rulemaking will have no 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 October 24, 2008, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 23, 2009.
1. Purpose and Authority
In recent years, the Commission has been moving towards a comprehensive restructuring of the regulations attending the code. The goals of the restructuring of the regulations are primarily focused on simplifying and making the language more understandable to its users. To this end, the Commission has begun rewriting the regulatory structures relating to the big game seasons. As time progresses, the Commission intends to carry the theme set forth in these changes to other chapters of the regulations to establish clear correlations between related seasonal information. As part of this comprehensive effort, the Commission desires to address the usage of crossbows during the various big game seasons. The Commission recognizes that over the past decade there has been a growing debate concerning the full inclusion of the use of crossbows during the various big game archery seasons. The Commission has identified that there are scores of hunters on both sides of the issue and that each side staunchly supports their respective point of view. In an effort to promote consistency and clarity in the regulations pertaining to big game seasons as well as expand opportunity and increase participation in big game hunting within this Commonwealth, the Commission is proposing to amend §§ 141.41, 141.43, 141.44, 141.45 and 141.47. Some notable substantive changes include the full inclusion of crossbows during the various big game archery seasons as well as the prohibition on the usage of crossbows during the various muzzleloader deer seasons without an archery deer license.
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.'' 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 §§ 141.41, 141.43, 141.44, 141.45 and 141.47 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.41, 141.43, 141.44, 141.45 and 141.47 to restructure the regulatory provisions relating to big game hunting to promote consistency and clarity in the regulations and also permit the full inclusion of crossbows during the various big game seasons to expand opportunity and increase participation in big game hunting within this Commonwealth.
3. Persons Affected
Persons wishing to hunt big game within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork. Rather, the proposed rulemaking will substantially reduce, if not eliminate, all fees, costs and paperwork associated with the disabled persons crossbow permit application process.
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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-276. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter C. BIG GAME § 141.41. General.
[(a) Permitted acts. It is lawful to take:
(1) Bear or elk with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(2) Deer during any firearms season for deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(3) Deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds in Wildlife Management Units 2B, 5C and 5D.
(b) It is unlawful to:
(1) Hunt for big game birds or animals with arrows or crossbow bolts other than those tipped with broadheads of a cutting-edge design.
(2) Hunt for deer or bear through the use of a muzzleloading long gun that is not .44 caliber or larger or a muzzleloading handgun that is not .50 caliber or larger.
(3) Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(4) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible but no later than 12 hours after the time of kill.
(5) Within 10 days of the kill, fail to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission at Harrisburg or by any other method designated by the Director.
(6) Receive a DMAP permit without reporting in the manner prescribed on the permit.]
It is unlawful to:
(1) Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(2) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible but no later than 12 hours after the time of kill.
(3) Fail, within 10 days of the kill, to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission at Harrisburg or by any other method designated by the Director.
(4) Receive a DMAP permit without reporting in the manner prescribed on the permit.
§ 141.43. Deer.
[(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
(1) Possess a firearm, except during the overlaps of the early archery and muzzleloader seasons and the late archery and flintlock muzzleloading seasons, when a person may use and possess both a bow and arrow or crossbow and a muzzleloading firearm only if that person is in possession of both a valid archery license and a valid muzzleloader license and meets the greater protective material requirements for the muzzleloader season, if applicable.
(2) Take a deer with a device not provided for in the act or this title.
(3) Except in Wildlife Management Units 2B, 5C and 5D, hunt or take deer with a crossbow without a valid disabled persons crossbow permit.
(b) Flintlock muzzleloading season. Firearms lawful for use are original muzzleloading single-barrel firearms manufactured prior to 1800, or similar reproductions of original muzzleloading single-barrel firearms which:
(1) Are .44 caliber or larger long guns or .50 caliber or larger handguns.
(2) Propels single-projectile ammunition.
(c) Ignition. Flintlock mechanisms shall consist of a hammer containing a naturally occurring stone which is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder.
(d) Prohibitions. While hunting deer during the flintlock muzzleloading season it is unlawful to:
(1) Use manmade materials attached to the hammer or frizzen to create sparks.
(2) Use telescopic sights.
(3) Use or possess single projectile ammunition other than specified in subsection (b)(2) and in section 2322(a)(4) of the act (relating to prohibited devices and methods).
(4) Unless otherwise provided in this chapter, hunt, take or attempt to take deer through the use of a device not specifically described in subsection (b) or (c).
(e) Muzzleloading season. Firearms lawful for use are muzzleloading single-barrel firearms which:
(1) Are .44 caliber or larger long guns or .50 caliber or larger handguns.
(2) Propel single projectile ammunition.
(f) Prohibitions. While hunting deer during muzzleloading season it is unlawful to:
(1) Use or possess single projectile ammunition other than specified in subsection (e)(2) and in section 2322(a)(4) of the act.
(2) Hunt, take or attempt to take deer through the use of a device not specifically described in subsection (e).
(g) Cooperating while hunting during any deer season. Holders of any of the appropriate licenses or stamps may cooperate while hunting antlered or anterless deer if pertinent provisions of this section and the act are met.
(h) .22 caliber or less rimfire required for furbearers. When using a firearm only a rimfire rifle or handgun .22 caliber or less may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.]
(a) Archery deer season.
(1) Permitted devices. It is lawful to hunt deer during the archery deer season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(ii) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(2) Prohibitions. While hunting deer during the archery deer season, it is unlawful to:
(i) Use or possess a firearm. Exceptions:
(A) A person may possess certain firearms during the archery deer season pursuant to the authorizations of section 2525 of the act (relating to possession of a firearm for protection of self or others).
(B) A person may possess and use both a bow or crossbow and a muzzleloading firearm during the overlaps of the early archery and muzzleloader deer seasons and the late archery and flintlock muzzleloading deer seasons if that person is in possession of both a valid archery deer license and a valid muzzleloader deer license and meets the greater protective material requirements for the muzzleloader deer season, if applicable.
(ii) Use a device not provided for in the act or in this subsection.
(b) Flintlock muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the flintlock muzzleloading deer season with a flintlock muzzleloading firearm.
(i) A flintlock muzzleloading firearm. The firearm must be an original or similar reproduction of muzzleloading firearm manufactured prior to 1800. The firearm's ignition mechanism must consist of a hammer containing a naturally occurring stone that is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder. The firearm must have open sights and be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(2) Prohibitions. While hunting deer during the flintlock muzzleloading deer season, it is unlawful to:
(i) Use manmade materials attached to the hammer or frizzen to create sparks.
(ii) Use telescopic sights.
(iii) Use or possess multiple projectile ammunition or ammunition other than required by section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(iv) Use a device not provided for in the act or in this subsection.
(c) Muzzleloading deer season.
(1) Permitted devices. It is lawful to hunt deer during the muzzleloading deer season with a muzzleloading firearm:
(i) A muzzleloading firearm. The firearm's ignition mechanism must consist of a percussion cap, primer or flintlock fired design. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(2) Prohibitions. While hunting deer during the muzzleloading deer season, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required by section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(ii) Use a device not provided for in the act or in this subsection.
(d) Regular and special firearms deer seasons.
(1) Permitted devices. It is lawful to hunt deer during the regular and special firearms deer seasons with any of the following devices:
(i) A manually operated, centerfire firearm.
(ii) A bow and arrow as permitted under subsection (a)(1)(i).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(iv) A muzzleloading firearm as permitted under subsection (b)(1) or (c)(1).
(2) Prohibitions. While hunting deer during the regular and special firearms deer seasons, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required by section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(ii) Use a device not provided for in the act or in this subsection.
(e) Cooperating while hunting during any deer season. Holders of any of the appropriate licenses or stamps may cooperate while hunting antlered or antlerless deer if pertinent provisions of the act and this season are met.
(f) .22 caliber or less rimfire required for furbearers. When using a firearm only a rimfire rifle or handgun .22 caliber or less may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.
§ 141.44. Bear.
[It is unlawful to:
(1) Disturb, wound or kill a bear in a den.
(2) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.]
(a) Archery bear season.
(1) Permitted devices. It is lawful to hunt bear during the archery bear season with any of the following devices:
(i) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(ii) A crossbow and bolt. A crossbow shall have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(2) Prohibitions. While hunting bear during the archery bear season, it is unlawful to:
(i) Use or possess a firearm or while in possession of a firearm, except as otherwise authorized by section 2525 of the act (relating to possession of a firearm for protection of self or others).
(ii) Use a device not provided for in the act or in this subsection.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
(b) Regular and extended firearms bear seasons.
(1) Permitted devices. It is lawful to hunt bear during the regular and extended firearms bear seasons with any of the following devices:
(i) A manually operated, centerfire firearm.
(ii) A bow and arrow as permitted under subsection (a)(1)(i).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(ii).
(iv) A muzzleloading firearm. The firearm's ignition mechanism must consist of a percussion cap, primer or flintlock fired design. The firearm must be a .44 caliber or larger single-barrel long gun or a .50 caliber or larger single-barrel handgun that propels single-projectile ammunition.
(2) Prohibitions. While hunting for bear during the regular and extended firearms bear seasons, it is unlawful to:
(i) Use or possess multiple projectile ammunition or ammunition other than required by section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(ii) Use a device not provided for in the act or in this subsection.
(iii) Disturb, wound or kill a bear in a den.
(iv) Assist, conspire or use a device to locate a bear to which a transmitter has been attached.
§ 141.45. Turkey.
[(a) While hunting wild turkey it is unlawful to:
(1) Possess or use a live turkey as a decoy.
(2) Use drives or electronic callers.
(3) Use shot larger than # 4 lead, # 4 Bismuth/tin or # 2 steel.
(4) Use or possess rifles or single projectile ammunition, except arrows, in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(5) Use anything other than rimfire, centerfire or muzzleloading rifles and handguns or shotguns, bows or crossbows.
(b) While hunting turkey during the spring gobbler season it is:
(1) Lawful to use bows, crossbows and shotguns with shot no larger than # 4 lead, # 4 Bismuth/tin and # 2 steel and mouth or hand operated callers.
(2) Unlawful to use or possess rifles or single projectile ammunition, except arrows.
(3) Unlawful to hunt spring gobbler by a method other than calling.]
(a) Fall turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices:
(i) Except as otherwise prohibited in paragraph (2)(i), a manually operated centerfire, rimfire or muzzleloading firearm using single projectile ammunition.
(ii) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than # 4 lead, # 4 Bismuth/tin or # 2 steel.
(iii) A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(iv) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt shall be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(2) Prohibitions. While hunting turkey during the fall turkey season, it is unlawful to:
(i) Use a manually operated centerfire, rimfire or muzzleloading firearm using single projectile ammunition in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(ii) Use drives or any method other than hand or mouth calling.
(iii) Use or possess an electronic caller or a live turkey as a decoy.
(iv) Use a device not provided for in the act or in this subsection.
(b) Spring turkey season.
(1) Permitted devices. It is lawful to hunt turkey during the spring turkey season with any of the following devices:
(i) A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than # 4 lead, # 4 Bismuth/tin or # 2 steel.
(ii) A bow and arrow as permitted under subsection (a)(1)(iii).
(iii) A crossbow and bolt as permitted under subsection (a)(1)(iv).
(2) Prohibitions. While hunting turkey during the spring turkey season, it is unlawful to:
(i) Use a centerfire, rimfire or muzzleloading firearm using single projectile ammunition.
(ii) Use or possess single projectile ammunition, except arrows or bolts.
(iii) Use drives or any method other than hand or mouth calling.
(iv) Use or possess an electronic caller or a live turkey as a decoy.
(v) Use a device not provided for in the act or in this subsection.
§ 141.47. Elk.
[It is unlawful while hunting elk to:
(1) Use any centerfire firearm less than .27 caliber or that propels a single-projectile less than 130 grains.
(2) Use any muzzleloading firearms less than .50 caliber or that propels a single-projectile less than 210 grains.
(3) Use any shotgun less than 12 gauge.
(4) Use any bow with a draw weight less than 45 pounds.
(5) Use any arrow that is not equipped with a broadhead that has an outside diameter or width of at least 1 inch with no less than 2 fixed, steel cutting edges and each cutting edge must be in the same plane throughout the length of the cutting surface.
(6) Use any crossbow with a draw weight less than 125 pounds or more than 200 pounds.
(7) After lawfully killing an elk, fail to mark the kill sight under Commission instructions provided at the orientation.
(8) Act or conspire to act as a guide for any person without first securing a permit from the Commission and attending an orientation program sponsored by the Commission.
(9) Act or conspire to act as a client for any guide who has not secured a permit from the Commission and attended an orientation program sponsored by the Commission.
(10) Drive or herd elk.
(11) Hunt within 150 yards from the center line of Route 555, from the intersection of Routes 255 and 555, to the intersection of Huston Hill Road and Route 555.
(12) Hunt within the Hick's Run no hunt zone, this being the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within .3 mile of Route 555.]
(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 caliber or larger firearm that propels single-projectile ammunition 130 grains or larger.
(2) A manually operated, centerfire shotgun. The firearm must be a 12 gauge or larger firearm.
(3) A muzzleloading firearm. The firearm must be .50 caliber or larger firearm that propels single-projectile ammunition 210 grains or larger.
(4) A bow and arrow. A bow must have a peak draw weight of at least 45 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 1 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(5) A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 1 inch with at least two fixed cutting edges located on the same plane throughout the cutting surface.
(b) Prohibitions. While hunting elk during the elk season, it is unlawful to:
(1) Use or possess multiple projectile ammunition or ammunition other than that required under section 2322 (a)(4) of the act (relating to prohibited devices and methods).
(2) Use a device not provided for in the act or in this section.
(3) Fail to mark the kill site after lawful harvest in accordance with Commission instructions provided during the elk season orientation.
(4) Act or conspire to act as a guide for any person without first securing a permit from the Commission and attending an orientation program sponsored by the Commission.
(5) Act or conspire to act as a client for any guide who has not secured a permit from the Commission and attended an orientation program sponsored by the Commission.
(6) Drive or herd elk.
(7) Hunt within 150 yards from the center line of Route 555, from the intersection of Routes 255 and 555, to the intersection of Huston Hill Road and Route 555.
(8) Hunt within the Hick's Run no hunt zone, this being the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within .3 mile of Route 555.
[Pa.B. Doc. No. 08-2294. Filed for public inspection December 19, 2008, 9:00 a.m.]
