[58 PA. CODE CH. 141] Hunting and Trapping; Hunting Hours [37 Pa.B. 1323]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, proposed to amend § 141.4 and Chapter 141, Appendix G (relating to hunting hours).
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 January 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 2007.
1. Purpose and Authority
In recent years there has been a growing interest among hunters to expand legal hunting hours to include the 1/2-hour period after sunset (also known as evening civil twilight). While the Commission is always looking for appropriate ways to increase hunting opportunity for sporting men, it recognizes its responsibility to do so with caution. The Commission is aware that permissive hunting occurring during the 1/2-hour period after sunset has the distinct possibility of causing confusion amongst hunters regarding differing closing times for certain wildlife, increasing the occurrence of wounding loss of game animals and, most importantly, increasing safety hazards associated with hunting activities due to rapidly decreasing levels of light during that time period. However, after review of available data regarding hunting hours in other states as well as safety statistics from this Commonwealth, the Commission has determined that the risks of expansion are acceptable. Therefore, the Commission is proposing to amend § 141.4 to expand legal hunting hours to include the 1/2-hour period after sunset for certain species.
It is important to note that as a result of the proposed amendments, the Commission has determined that the current table of hunting hours should be replaced with a sunrise/sunset table that will have cross application to the differing legal hunting hour periods of the various game species. Therefore, the Commission is also proposing to amend Appendix G to replace the table of hunting hours with a sunrise/sunset table for the 2007-2008 license year.
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(a) of the code (relating to regulations) 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 § 141.4 and Appendix G were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.4 to expand legal hunting hours to include the 1/2-hour period after sunset for certain species and also replace the table of hunting hours in Appendix G with a sunrise/sunset table for the 2007-2008 license year.
3. Persons Affected
Persons wishing to hunt or trap within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The effective dates of the proposed rulemaking are July 1, 2007, to June 30, 2008.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-246. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter A. GENERAL § 141.4. Hunting hours.
[During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.] Except as otherwise provided, wild birds and animals may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.
(1) During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals [from 1/2 hour before sunrise to sunset. Game birds on regulated hunting grounds and migratory waterfowl are excepted] except game birds on regulated hunting grounds, migratory waterfowl, coyotes and bear. Coyotes may be [taken] hunted from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker's license, or by persons lawfully engaged in hunting deer or bear who have a valid tag.
(2) Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be [taken] hunted any hour, day or night, except during restricted periods in paragraph (1), and woodchuck, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.
(3) Turkey [hunting hours are] may be hunted from 1/2 hour before sunrise to 12 noon during the spring gobbler season.
* * * * * (5) Migratory birds may only be hunted 1/2 hour before sunrise until sunset, except during the September resident Canada goose season, when Canada geese may be hunted 1/2 hour before sunrise until 1/2 hour after sunset.
Appendix G (Editor's Note: As part of this proposal, the Commission is proposing to rescind the Table of Hunting Hours, which appears at 58 Pa. Code pages 141-25 and 141-26, serial pages (320727) and (320728), and replace it with the following table.)
* * * * * SUNRISE/SUNSET TABLE FOR JULY 1, 2007 THROUGH JULY 5, 2008 Dates Sunrise Sunset July 1--July 7 5:39 8:32 July 8--July 14 5:43 8:29 July 15--July 21 5:49 8:25 July 22--July 28 5:55 8:20 July 29--Aug. 4 6:01 8:10 Aug. 5--Aug. 11 6:08 8:05 Aug. 12--Aug. 18 6:15 7:55 Aug. 19--Aug. 25 6:21 7:43 Aug. 26--Sept. 1 6:28 7:33 Sept. 2--Sept. 8 6:35 7:21 Sept. 9--Sept. 15 6:40 7:10 Sept. 16--Sept. 22 6:48 6:58 Sept. 23--Sept. 29 6:55 6:47 Sept. 30--Oct. 6 7:00 6:35 Oct. 7--Oct. 13 7:09 6:25 Oct. 14--Oct. 20 7:15 6:15 Oct. 21--Oct. 27 7:25 6:05 Oct. 28--Nov. 3 7:26 6:03 Nov. 4--Nov. 10 6:40 4:50 Nov. 11--Nov. 17 6:50 4:45 Nov. 18--Nov. 24 6:56 4:40 Nov. 25--Dec. 1 7:05 4:36 Dec. 2--Dec. 8 7:10 4:35 Dec. 9--Dec. 15 7:15 4:36 Dec. 16--Dec. 22 7:20 4:39 Dec. 23--Dec. 29 7:22 4:43 Dec. 30--Jan. 5 7:23 4:49 Jan. 6--Jan. 12 7:22 4:55 Jan. 13--Jan. 19 7:20 4:57 Jan. 20--Jan. 26 7:20 5:05 Jan. 27--Feb. 2 7:15 5:15 Feb. 3--Feb. 9 7:10 5:25 Feb. 10--Feb. 16 7:00 5:30 Feb. 17--Feb. 23 6:50 5:40 Feb. 24--Mar. 1 6:40 5:48 Mar. 2--Mar. 8 6:30 5:55 Mar. 9--Mar. 15 7:20 7:05 Mar. 16--Mar. 22 7:10 7:10 Mar. 23--Mar. 29 6:58 7:17 Mar. 30--Apr. 5 6:47 7:25 Apr. 6--Apr. 12 6:35 7:30 Apr. 13--Apr. 19 6:25 7:40 Apr. 20--Apr. 26 6:15 7:45 Apr. 27--May 3 6:05 7:55 May 4--May 10 5:55 8:00 May 11--May 17 5:49 8:05 May 18--May 24 5:41 8:14 May 25--May 31 5:36 8:20 June 1--June 7 5:34 8:25 June 8--June 14 5:32 8:30 June 15--June 21 5:30 8:31 June 22--June 28 5:32 8:34 June 29--July 5 5:35 8:33 [Pa.B. Doc. No. 07-495. Filed for public inspection March 23, 2007, 9:00 a.m.]
