Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 141] Hunting and Trapping [34 Pa.B. 2328] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 7, 2003, meeting, adopted the following amendments:
Amend §§ 141.4, 141.22, 141.41, 141.43 and 141.45 and add § 141.20 (relating to protective material required) to reduce confusion related to the wearing of protective material by consolidating related regulations into one section.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 33 Pa.B. 4680 (September 20, 2003).
1. Introduction
The Commission amends §§ 141.4, 141.22, 141.41, 141.43 and 141.45 and adds § 141.20 to reduce confusion related to the wearing of protective material by consolidating related regulations into one section.
2. Purpose and Authority
Florescent orange requirements are currently in section 2524 of the code (relating to protective material required) and at least nine different sections of the attendant regulations in Chapter 141 (relating to hunting and trapping). These requirements have been amended many times and are so varied that Commission officers, the court system and, most importantly, the hunters have a difficult time interpreting them. By consolidating the regulations into one section, there should be a reduction in confusion regarding the wearing of protective material for all who must abide by or enforce the regulations. The final-form rulemaking will not take effect until the 2004-2005 hunting license year.
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 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.'' This provision provides the statutory authority for the final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking will consolidate sections related to the wearing of protective material into one section to reduce confusion.
4. Persons Affected
Persons wishing to hunt game and wildlife in this Commonwealth will be affected by the final-form rulemaking.
5. Comment and Response Summary
In response to the proposed rulemaking regarding the wearing of fluorescent orange safety material, the Commission received a total of 5,174 comments. Of this total, 5,163 comments were in opposition to the proposed rulemaking and 11 comments were in support of the proposed rulemaking. The majority of the comments received in opposition to the proposed rulemaking were not opposed to the consolidation of the fluorescent orange requirements into one section, but rather were opposed to the inclusion of additional fluorescent orange requirements. In response to the comments received, the Commission removed the language imposing additional fluorescent orange requirements in an attempt to make them more amenable. The final-form rulemaking consolidates sections related to the wearing of protective material into one section and imposes no new or more expansive requirements regarding the wearing of fluorescent orange safety material.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective July 1, 2004, and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending §§ 141.4, 141.22, 141.41, 141.43 and 141.45 to read as set forth at 33 Pa.B. 4680 and by adding § 141.20 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 33 Pa.B. 4680 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective July 1, 2004.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-171 remains valid for the final adoption of the subject regulations.
Annex A PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter A. GENERAL § 141.20. Protective material required.
(a) It is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.
(b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for:
(i) Crows.
(ii) Doves.
(ii) Waterfowl.
(iv) Small game under the authority of a valid falconry permit.
(v) Deer during the flintlock muzzleloader season.
(2) Except during any big game season, hunt for woodchucks 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:
(i) Turkey during the spring turkey season.
(ii) Turkey during the fall turkey season in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(iii) Deer with a bow and arrow or crossbow and bolt during any archery season which is concurrent with the fall turkey season.
(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 and in lieu of the required 250 square inches place a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of their location so it is visible in a 360° arc.
(5) Except as provided in paragraph (3)(iii) and during any firearms season for deer that precedes the regular firearms season, hunt for deer with a bow and arrow or crossbow during any archery deer season without wearing daylight fluorescent orange-colored material. When stationary during the overlap with the firearms season for deer 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 their location so it is visible in a 360° arc.
(c) A person who violates any provision of this section shall be subject to the penalties as provided in the act.
[Pa.B. Doc. No. 04-760. Filed for public inspection April 30, 2004, 9:00 a.m.]
