1086 Seasons and bag limits

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[44 Pa.B. 3091]
[Saturday, May 24, 2014]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 8, 2014, meeting amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2014-2015 hunting/trapping license year.

 The final-form rulemaking will not have an 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 44 Pa.B. 1442 (March 15, 2014).

1. Purpose and Authority

 To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission amended § 139.4 to provide updated seasons and bag limits for the 2014-2015 license year. The 2014-2015 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the management of the wildlife resources of this Commonwealth.

 Several changes in hunting seasons and bag limits, when compared with the 2013-2014 regulations, were adopted. First, the small game field possession limits were increased to three times the daily bag. Migratory game bird possession limits were increased to three times the daily bag limit for the 2013-2014 hunting season. This change will make small game possession limits consistent with those for migratory game birds and provide increased hunting opportunity, particularly for nonresident hunters.

 Fall turkey seasons from 2014 were reduced in wildlife management units (WMU) 3A, 3B and 3C from 3 weeks to 2 weeks, while retaining the 3-day Thanksgiving hunt segment. Population indices have been showing decreasing trends in each of these WMUs over the last 4 to 5 years. Low spring harvest densities, decreases in poult recruitment and summer sighting survey data also reflect declines warranting this action, which is consistent with guidelines in the Wild Turkey Management Plan. In all cases, a 1-week reduction in the first fall segment of the season is advised over elimination of the 3-day Thanksgiving season segment because it is likely to achieve a greater reduction in harvest.

 Fall turkey seasons in WMU 5A were maintained at 3 days but shifted from midweek to a Thursday-Saturday framework. The turkey population in this WMU remains low, but is higher than prior to the season closure and flocks are well distributed. Including a Saturday in the 3-day season is expected to increase hunter opportunity and satisfaction and was recommended by the WMU 5A Wild Turkey Task Force.

 WMUs 2C and 4B were added to the Wednesday through Saturday extended bear season that runs concurrent with deer season. WMU 2C has had a slightly increasing bear population trend, highway mortalities of bears also have been slowly increasing and there has been a noticeable increase in human-bear conflicts. WMU 4B also has had an increasing trend in human-bear conflicts with several incidents in recent years involving home entry or injury to pets and people. Vehicle mortalities of bears also has generally increased. Furthermore, harvest, which typically correlates well with annual population monitoring, has steadily increased by approximately 20% annually since 2003.

 WMUs 1B and 3C were added to the fisher trapping season based on increased numbers of incidental captures and sightings during the past 3 years. All references to regulated harvest of skunks now specify the ''striped skunk.'' Spotted skunks, a species of conservation concern, have a very limited distribution and low abundance in southwestern counties in this Commonwealth and should be excluded from any regulated harvest.

 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(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 amendments to § 139.4 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 139.4 by establishing when and where it is lawful to hunt and trap various game species and also place limits on the numbers that can be legally taken during the 2014-2015 hunting/trapping license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2014-2015 hunting/trapping license year will be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 109 official comments concerning the final-form rulemaking. The comments received concerned the following subtopics.

 Deer seasons. Eighty-eight comments were received concerning this subtopic: 1 expressed opposition to the deer management plan; 5 supported and 8 opposed opening regular firearms deer season on the Saturday after Thanksgiving; 1 supported a 1 deer per year bag limit; 1 supported and 3 opposed extending deer season; 1 supported extending regular firearms deer season to 3 weeks; 1 supported the expansion of the extended firearms deer season to all of WMU 2B; 5 supported and 54 opposed the 2-week concurrent deer season; 1 supported extending archery deer season through the close of archery bear season; 2 opposed the early muzzleloading deer season; 2 supported an early flintlock muzzleloading deer season prior to the regular firearms deer season; 2 supported opening flintlock muzzleloading deer season to inline muzzleloaders; and 1 supported extending the late flintlock muzzleloader season until Martin Luther King Day.

 Bear seasons. Three comments received concerning this subtopic. Two comments opposed opening bear season on Saturday and one comment supported extending bear season in WMU 4B.

 Small game seasons. Ten comments were received concerning this subtopic: five supported and two opposed early squirrel season; one supported opening squirrel season in the summer; one supported a longer grouse season; and one supported keeping small game season open until the fourth Saturday in February.

 Turkey seasons. One comment was received concerning this subtopic requesting that spring gobbler season open on April 1.

 Furbearer hunting/trapping seasons. Seven comments received concerning this subtopic: one supported a longer mink season; one supported a longer muskrat season; one supported a longer fisher season; one supported opening fisher season in WMU 4C; one supported opening fisher season in WMU 4A; one supported a longer bobcat season; and one supported a later fox and coon season.

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 The effective dates of the final-form rulemaking are July 1, 2014, to June 30, 2015.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, [phone].

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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.

 (b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order will be effective from July 1, 2014, to June 30, 2015.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: Fiscal Note 48-359 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

§ 139.4. Seasons and bag limits for the license year.

(SEASONS AND BAG LIMITS TABLE)
2014-2015 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Species	First Day		Last Day	Daily Limit	Field Possession Limit After Second Day
Squirrels (Combined species)—	Oct. 11		Oct. 17	6	18
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Squirrels (Combined species)	Oct. 18		Nov. 29	6	18
		and
	Dec. 15		Dec. 24
		and
	Dec. 26		Feb. 21, 2015
Ruffed Grouse	Oct. 18		Nov. 29	2	6
		and
	Dec. 15		Dec. 24
		and
	Dec. 26		Jan. 24, 2015
Rabbits, Cottontail—	Oct. 11		Oct. 18	4	12
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Rabbits, Cottontail	Oct. 25		Nov. 29	4	12
		and
	Dec. 15		Dec. 24
		and
	Dec. 26		Feb. 21, 2015
Ring-necked Pheasant—There is no open season for the taking of pheasants in any area designated as a wild pheasant recovery area within any wildlife management unit. The Director is authorized to open the pheasant season via executive order in a designated wild pheasant recovery area if the agency is unsuccessful in its efforts to acquire and release wild pheasants.
Ring-necked Pheasant—Male only in	Oct. 11		Oct. 18	2	6
WMUs 2A, 2C, 4C, 4E, 5A and 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male or female	Oct. 11		Oct. 18	2	6
combined in WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male only	Oct. 25		Nov. 29	2	6
in WMUs 2A, 2C, 4C, 4E, 5A and 5B		and
	Dec. 15		Dec. 24
		and
	Dec. 26		Feb. 21, 2015
Ring-necked Pheasant—Male or female	Oct. 25		Nov. 29	2	6
combined in WMUs 1A, 1B, 2B, 2D,		and
2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D	Dec. 15		Dec. 24
		and
	Dec. 26		Feb. 21, 2015
Bobwhite Quail—The hunting and taking	Oct. 25		Nov. 29	4	12
of bobwhite quail is permitted in all WMUs except in WMUs 4A, 4B, 5A, 5B, 5C and 5D where the season is closed.
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Dec. 29	1	3
in WMUs 3B, 3C and 3D
Hares (Snowshoe Rabbits) or Varying Hares in WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F,	Dec. 26		Jan. 1, 2015	1	3
2E, 2F, 2G, 2H, 3A, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D
Woodchucks (Groundhog)	No closed season except during the			Unlimited
	regular firearms deer seasons. Hunting
	on Sundays is prohibited.
Porcupines	Sep. 1		Mar. 31, 2015	3	10
Season closed during the overlap with the regular firearms deer seasons.

Species	First Day		Last Day	Daily Limit	Season Limit
Wild Turkey—Male or Female				1	1
WMU 2B	Nov. 1		Nov. 21
(Shotgun, Bow and Arrow only)		and
	Nov. 27		Nov. 29
WMU 1B	Nov. 1		Nov. 8
		and
	Nov. 27		Nov. 29
WMUs 1A, 2A, 2D, 2F, 2G, 2H, 3A,  3B and 3C	Nov. 1		Nov. 15
		and
	Nov. 27		Nov. 29
WMUs 2C, 2E, 3D, 4A, 4B, 4C, 4D  and 4E	Nov. 1		Nov. 21
		and
	Nov. 27		Nov. 29
WMU 5A	Nov. 6		Nov. 8
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Wild Turkey (Spring Gobbler) Statewide1				1	2
Bearded Bird only	May 2, 2015		May 16, 2015	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 18, 2015		May 30, 2015	May be hunted 1/2 hour before sunrise to 1/2 hour after sunset
Wild Turkey (Spring Gobbler) Statewide Youth Hunt1	April 25, 2015		April 25, 2015	1	1
Bearded Bird only  Eligible junior hunters only with the  required license and when properly  accompanied

MIGRATORY GAME BIRDS

 Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703—712) as published in the Federal Register on or about August 27 and September 28 of each year.

Exceptions:

 (a) Hunting hours in § 141.4 (relating to hunting hours).

 (b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Crows	July 4		April 5, 2015	Unlimited
(Hunting permitted on Friday, Saturday  and Sunday only)
Starlings and English Sparrows	No closed season except during the			Unlimited
	regular firearms deer seasons.
Eurasian Collared-Dove	Season dates shall run concurrently with mourning dove season.			Shall be counted as part of the aggregate daily limits for mourning dove season.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After Second Day
Squirrels—(Combined species)	Sept. 1		Mar. 31, 2015	6	18
Quail	Sept. 1		Mar. 31, 2015	4	12
Ruffed Grouse	Sept. 1		Mar. 31, 2015	2	6
Cottontail Rabbits	Sept. 1		Mar. 31, 2015	4	12
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2015	1	3
Ring-necked Pheasant—Male	Sept. 1		Mar. 31, 2015	2	6
and Female (Combined)
Migratory Game Birds—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species	First Day		Last Day	Season Limit
Deer, Archery (Antlered and Antlerless)2	Oct. 4		Nov. 15	One antlered and
(Statewide)		and		an antlerless deer
	Dec. 26		Jan. 10, 2015	with each required antlerless license.
Deer, Archery (Antlerless)	Sep. 20		Oct. 3	An antlerless deer
WMUs 2B, 5C and 5D		and		with each required
	Nov. 17		Nov. 29	antlerless license.
Deer, Archery (Antlered and Antlerless)2	Jan. 12, 2015		Jan. 24, 2015	One antlered and
WMUs 2B, 5C and 5D				an anterless deer with each required anterless license.
Deer, Regular firearms	Dec. 1		Dec. 13	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 1A, 1B, 2B, 3A, 3D, 5A, 5B,				with each required
5C and 5D				antlerless license.
Deer, Regular firearms	Dec. 1		Dec. 5	One antlered deer.
(Antlered only)2
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C, 4A,
4B, 4C, 4D and 4E
Deer, Regular firearms	Dec. 6		Dec. 13	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C, 4A,				with each required
4B, 4C, 4D and 4E				antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 23		Oct. 25	An antlerless deer
(Statewide)				with each required
Only Junior and Senior License Holders,3				antlerless license.
Commission Disabled Person Permit Holders  (to use a vehicle as a blind) and Residents  serving on active duty in the United States  Armed Forces, or in the United States Coast  Guard, with required antlerless license
Deer, Muzzleloading (Antlerless only)	Oct. 18		Oct. 25	An antlerless deer
(Statewide)				with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 10, 2015	One antlered, or
(Statewide)				one antlerless—plus an additional anterless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 24, 2015	One antlered, or
WMUs 2B, 5C and 5D				one anterless—plus an additional anterless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)	Dec. 26		Jan. 24, 2015	An antlerless deer
Counties of Allegheny, Bucks, Chester,				with each required
Delaware, Montgomery and Philadelphia				antlerless license.
Deer, Antlerless	Hunting is permitted on days			An antlerless deer
(Letterkenny Army Depot, Franklin	established by the United States			with each required
County, and New Cumberland Army	Department of the Army.			antlerless license.
Depot, York County, and Fort Detrick,  Raven Rock Site, Adams County)

BLACK BEAR

Species	First Day		Last Day	Daily Limit	Season Limit
Bear, Archery only4	Nov. 17		Nov. 21	1	1
(Statewide)
Bear, Archery only4	Sep. 20		Nov. 15	1	1
WMUs 2B, 5C and 5D
Bear, Archery only4	Oct. 4		Nov. 15	1	1
WMU 5B
Bear, Muzzleloader4	Oct. 18		Oct. 25	1	1
WMUs 2B, 5B, 5C and 5D
Bear, Special Firearms4	Oct. 23		Oct. 25	1	1
WMUs 2B, 5B, 5C and 5D  Junior and Senior License holders,  disabled and PA residents on active duty  in armed services
Bear, Regular Firearms4	Nov. 22		Nov. 26	1	1
(Statewide)
Bear, Extended Firearms4	Dec. 3		Dec. 6	1	1
WMUs 2C, 4B, 4C, 4D and 4E
Bear, Extended Firearms4	Dec. 1		Dec. 13	1	1
WMUs 2B, 5B, 5C and 5D
Bear, Extended Firearms4	Dec. 1		Dec. 6	1	1
WMUs 3A, 3B, 3C and 3D

ELK

Species	First Day		Last Day	Daily Limit	Season Limit
Elk, Regular5	Nov. 3		Nov. 8	1	One elk with
(Antlered and Antlerless)					required license
Elk, Extended5	Nov. 10		Nov. 15	1	One elk with
(Antlered and Antlerless)					required license

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Minks and Muskrats	Nov. 22		Jan. 11, 2015	Unlimited
(Statewide)
Beaver	Dec. 26		Mar. 31, 2015
(Statewide)
WMUs
1A, 1B and 3C (Combined)				20	40
WMUs
2A, 2B, 2C, 2D, 2E, 2F, 3A, 3B, 3D, 5C  and 5D (Combined)				20	20
WMUs
2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and 5B  (Combined)				5	5
Coyotes, Foxes, Opossums, Raccoons,	Oct. 26		Feb. 22, 2015	Unlimited
Striped Skunks, Weasels—(Statewide)
Coyotes & Foxes—(Statewide)	Dec. 26		Feb. 22, 2015	Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Dec. 20		Jan. 11, 2015	1	1
3C, 3D, 4A, 4C, 4D and 4E
Fisher (with appropriate permit)	Dec. 20		Dec. 25	1	1
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A,  3B, 3C, 3D, 4D and 4E

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyotes—(Statewide)	Outside of any big game season may be			Unlimited
	taken with a hunting license or a furtaker's license and without wearing orange.
Coyotes—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.
Opossums, Striped Skunks, Weasels	No closed season.
(Statewide)
Raccoons and Foxes—(Statewide)	Oct. 25		Feb. 21, 2015	Unlimited
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Jan. 20, 2015		Feb. 10, 2015	1	1
3C, 3D, 4A, 4C, 4D and 4E
No open seasons on other wild birds or wild mammals.

 ¹  Only persons who possess a special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of two gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.

 ² Only one antlered deer (buck) may be taken during the hunting license year.

 ³ Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

 ⁴ Only one bear may be taken during the hunting license year.

 ⁵ Only one elk may be taken during the hunting license year.

[Pa.B. Doc. No. 14-1086. Filed for public inspection May 23, 2014, 9:00 a.m.]