[58 PA. CODE CH. 141] Hunting and Trapping; Rimfire Rifle [33 Pa.B. 1353] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendments:
Amend §§ 141.1(d)(3) and (4) and 141.22(a)(4) (relating to special regulations areas; and small game) to permit the use of the new .17 caliber rimfire cartridge.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the January 7, 2003, meeting of the Commission. Comments can be sent until April 4, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend §§ 141.1(d)(3) and (4) and 141.22(a)(4) to permit the use of the new .17 caliber rimfire cartridge.
2. Purpose and Authority
The Commission recently promulgated language making the .17 caliber rimfire legal for taking small game. Currently, however, the use of the .17 caliber rimfire cartridge is not permitted for taking small game, furbearing animals, crows or other wildlife in the special regulations areas or for dispatching an animal legally caught in a trap. The proposed rulemaking will make use of the .17 caliber rimfire cartridges lawful in all these situations.
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 possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(d) of the code 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 §§ 141.1(d)(3) and (4) and 141.22(a)(4) were proposed under these provisions of the code.
3. Regulatory Requirements
The proposed rulemaking does not impose any additional restrictions, but rather permits all hunters and furtakers to use the new .17 caliber rimfire cartridge.
4. Persons Affected
Persons wishing to hunt small game or dispatch furbearers will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-159. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
* * * * * (3) Take small game, furbearing animals, crows or wildlife with a manually operated [.22 caliber] rimfire rifle or handgun .22 caliber or less.
(4) Kill an animal legally caught in a trap with a manually operated [.22 caliber] rimfire rifle or handgun .22 caliber or less while trapping.
* * * * * Subchapter B. SMALL GAME § 141.22. Small game.
(a) Unlawful activities. It is unlawful to:
* * * * * (4) Use or possess single projectile ammunition or use or possess single projectile ammunition designed for use in a firearm while hunting small game during the muzzleloading firearms deer or bear season, except for a [.22 caliber] rimfire rifle or handgun .22 caliber or less. This exception does not apply to the Southeast Special Regulations Area. See § 141.1(b)(2) (relating to special regulations areas).
* * * * * [Pa.B. Doc. No. 03-446. Filed for public inspection March 14, 2003, 9:00 a.m.]
