[58 PA. CODE CH. 141] Hunting and Trapping; Protective Material [41 Pa.B. 1629]
[Saturday, March 26, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its February 1, 2011, meeting, to amend § 141.20 (relating to protective material required) to restructure the various fluorescent orange requirements into a more comprehensible set of requirements without altering the substantive standards.
The proposed rulemaking will not have an 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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Section 141.20 has been the subject of many regulatory amendments over the years both to create more stringent protective material requirements where greater safety was deemed warranted as well as eliminate protective material where they were deemed no longer necessary. By and large these amendments have achieved the intended results. However, the repeated piece meal amendments completed over the years have created confusing and sometimes inconsistent language in this section. The Commission is proposing to amend § 141.20 to rectify these problems and achieve a more comprehensible set of requirements. Substantive changes have not been made to the requirements of any hunting seasons.
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 § 141.20 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.20 by restructuring the various fluorescent orange requirements into a more comprehensible set of requirements without altering their substantive standards.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-325. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter A. GENERAL § 141.20. Protective material required.
* * * * * (b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for applicable wildlife during the following seasons:
(i) [Crows] All crow seasons.
(ii) [Doves] All dove seasons.
(iii) [Waterfowl] All waterfowl seasons.
(iv) [Any wildlife that can be lawfully harvested while hunting under the authority of a valid falconry permit] All falconry small game seasons.
(v) [Deer during the flintlock muzzleloader season with lawful firearms and ammunition for the flintlock muzzleloader season by properly licensed flintlock muzzleloader hunters] All flintlock muzzleloading deer seasons.
(vi) [Deer during the archery deer season with a bow and arrow or crossbow and bolt by properly licensed archery hunters] All archery deer seasons, except as otherwise provided in paragraphs (3)(ii) and (4)(ii).
(vii) [Bear during the archery bear season with a bow and arrow by properly licensed bear hunters] All archery bear seasons, except as otherwise provided in paragraph (3)(iii).
(viii) [Furbearers] All furbearer seasons, except coyote seasons.
(ix) [Coyotes except from the first day to the last day inclusive of the regular firearms deer season, any firearms bear season and spring turkey season within each wildlife management unit] All coyote seasons, except during the respective portion of any coyote season that runs concurrent with the legal hunting hours of any special firearms deer season, regular firearms deer season, regular firearms bear season or extended firearms bear season within each wildlife management unit, when the requirements of subsection (a) remain applicable.
(x) [Turkey during the spring turkey season] All spring turkey seasons.
(2) Hunt for woodchucks during any woodchuck season while wearing a hat made of solid daylight fluorescent orange-colored material on the head only.
(3) Move about or relocate while wearing a hat containing a minimum of 100 square inches of a solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orange-colored material when hunting for applicable wildlife during the following seasons:
(i) [Turkey during the fall turkey season in Wildlife Management Units] All fall turkey seasons in wildlife management units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(ii) [Deer with a bow and arrow or crossbow and bolt during any deer archery season which is concurrent with the] The respective portions of any archery deer season that runs concurrent with any fall turkey season within each wildlife management unit.
(iii) [Bear with a bow and arrow during any bear archery season, which is concurrent with the] The respective portions of any archery bear season that runs concurrent with any fall turkey season within each wildlife management unit.
(4) [Be on stand and stationary while hunting for turkey during the fall season in Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A or deer during any firearms deer season that precedes the regular firearms deer season and in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter's location so it is visible in a 360° arc.] Move about or relocate while in compliance with subsection (a) and while stationary place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter's location so it is visible in a 360° arc when hunting for applicable game or wildlife during the following seasons:
(i) All fall turkey seasons in wildlife management units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A.
(ii) The respective portions of any archery deer season that runs concurrent with any early muzzleloading deer season or any special firearms deer season within each wildlife management unit.
* * * * * [Pa.B. Doc. No. 11-515. Filed for public inspection March 25, 2011, 9:00 a.m.]
