989 Seasons and bag limits

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[43 Pa.B. 2999]
[Saturday, June 1, 2013]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2013, meeting amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2013-2014 hunting 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 43 Pa.B. 1712 (March 30, 2013) with a correction published at 43 Pa.B. 2037 (April 13, 2013).

1. Purpose and Authority

 The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2013-2014 seasons and daily season and possession limits are similar to those set in 2012-2013, the 2013-2014 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 wildlife resources of this Commonwealth.

 Due to a shift in 2013 calendar dates, season opening dates are about 1 week later than in 2012. Changes to small game seasons include reopening snowshoe hare hunting Statewide with a daily bag of one hare.

 In regard to wild turkey season changes, 2013 marks the third year of the hen harvest rate and survival study. The study design provided for 2 years (2011 and 2012) of a 2-week fall season in Study Area 1 (wildlife management units (WMU) 2C, 2E, 4A, 4B and 4D) and a 3-week fall season in Study Area 2 (WMUs 2F and 2G), followed by switching season lengths between study areas and maintaining this structure for 2 additional years (2013 and 2014). The changes to these seven WMUs accomplish the purposes of the ''cross-over'' design. Simultaneously increasing the season length in Study Area 1 and shortening the season length in Study Area 2 will allow the Commonwealth to detect differences in harvest rates within study areas as well as any differences in the pattern of change between study areas, thereby improving the management of the wild turkey.

 Four changes to the extended bear hunting season have been made: 1) add a Wednesday—Saturday extended season in WMU 4B; 2) move the opening day of the extended season in WMU 3D from Wednesday to Monday; 3) eliminate the Monday—Saturday extended season in portions of WMUs 3B and 2G and replace them with a Monday—Saturday extended season open in WMU 3B; and 4) eliminate separate opening days that occur in different portions of WMU 4E and implement a Wednesday—Saturday extended season in WMU 4E.

 Concerning furbearer seasons, the Commission increased the daily and season bag limit for beaver to 20 daily, 20 per season in WMUs 2C and 5C. Increases in nuisance complaints warrant this change, which is consistent with the Beaver Management Plan. Also, the numbers and density of incidental fisher captures during the past 3 years in WMUs 3A, 3D and 4E are comparable to those observed in WMUs currently open to harvest and would warrant adding these WMUs to the list of WMUs with an established fisher trapping season.

 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 places limits on the numbers that can be legally taken during the 2013-2014 license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2013-2014 license year will be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 78 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics.

 Deer seasons. A total of 53 comments were received concerning this subtopic: 1 expressed support for the deer management plan; 1 requested that the opening day for regular firearms deer season remain the Monday after Thanksgiving; 1 requested that the opening day for regular firearms deer season be changed to the Saturday after Thanksgiving; 3 requested generally to open firearms deer season on a Saturday; 1 requested that firearms deer season open on Christmas; 1 requested that State Game Lands 54 be closed to deer hunting for 3 years; 7 supported a 12-day concurrent season for all WMUs; 1 requested that junior hunters be permitted a Statewide concurrent deer season; 3 opposed the WMU 2G split season; 1 requested a 2- to 3-day concurrent deer season during the first week of regular firearms deer season in WMU 2G; 1 requested that WMU 2F be changed to a concurrent antlered/antlerless season; 1 requested that WMU 3C be changed to a concurrent antlered/antlerless season; 3 requested a return to the 2-week buck/3-day doe season structure; 3 requested that the split seasons be kept as they are; 1 requested that WMU 3B be kept as a split season; 3 requested a continuation of the extended antlerless deer seasons in WMUs 2B, 5C and 5D; 1 requested a continuation of the extended antlerless deer season in Berks and Lehigh Counties; 4 requested a continuation of the extended antlerless deer seasons in WMU 2B; 1 requested an elimination of the extended antlerless deer seasons in WMU 2B; 1 requested a closure to antlerless deer hunting during the early archery season; 1 requested that archery season be shortened in Berks County; 1 requested that archery season be extended into the rut; 2 requested that archery season be extended 1 week; 2 requested that archery season be opened 1 week later; 4 requested that archery deer/bear seasons run concurrently; 1 requested the ability to harvest an ''inferior'' buck with an antlerless license; 1 requested that archers be permitted the ability to harvest an antlerless deer with an unused antler deer tag during the late archery season; 1 requested that the early muzzleloading deer season be changed to October 12-19 to avoid conflicts with archery hunting; and 1 requested that a antlered inline muzzleloading season be created.

 Small game seasons. A total of six comments were received concerning this subtopic: four opposed opening squirrel season in September; one requested that hen pheasant hunting be allowed in WMU 2A; and one requested that late season pheasant hunting be permitted in WMU 2A.

 Turkey seasons. A total of three comments were received concerning this subtopic: one requested that WMU 1B be shotgun only; one requested that fall turkey season be shortened in WMUs 2F, 2G and 2H; and one requested that fall turkey season be shortened in WMUs 2F, 2G and 2H if the first week is eliminated.

 Waterfowl seasons. A total of six comments were received concerning this subtopic: two requested that the second part of the split season be moved a week or two later; three requested that Codorus State Park be removed from the AP Zone; and one requested that that the RP Zone be extended farther east.

 Furbearer hunting/trapping seasons. A total of ten comments were received concerning this subtopic: two requested that bobcat hunting season open at the same time as bobcat trapping season; one requested that fisher season be opened in WMU 1B; one requested that furbearer seasons be opened around the first weekend in November; one requested that all trapping seasons be opened on the same date; one requested that a season for river otter be opened; one requested that bobcat hunting season run from December 15 through February 5; one requested that bobcat hunting season run prior to bobcat trapping season; one requested that fisher season be lengthened; and one requested that fisher trapping season be adjusted so that it does not interfere with Christmas (December 28 through January 2).

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, 2013, to June 30, 2014.

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 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, 2013, to June 30, 2014.

CARL G. ROE, 
Executive Director

 Fiscal Note: Fiscal Note 48-350 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)
2013-2014 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 First Day
Squirrels—(Combined species)	Oct. 12		Oct. 18	6	12
Eligible Junior Hunters only, with or  without the required license, when  properly accompanied as required by law
Squirrels—(Combined species)	Oct. 19		Nov. 30	6	12
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 22, 2014
Ruffed Grouse	Oct. 19		Nov. 30	2	4
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Jan. 25, 2014
Rabbits, Cottontail—	Oct. 12		Oct. 19	4	8
Eligible Junior Hunters only, with or  without the required license, when  properly accompanied as required by law
Rabbits, Cottontail	Oct. 26		Nov. 30	4	8
		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 22, 2014
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.
Ring-necked Pheasant—Male only in	Oct. 12		Oct. 19	2	4
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. 12		Oct. 19	2	4
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. 26		Nov. 30	2	4
in WMUs 2A, 2C, 4C, 4E, 5A and 5B		and
	Dec. 16		Dec. 24
		and
	Dec. 26		Feb. 22, 2014
Ring-necked Pheasant—Male or female	Oct. 26		Nov. 30	2	4
combined in WMUs 1A, 1B, 2B, 2D,		and
2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B,	Dec. 16		Dec. 24
4D, 5C and 5D		and
	Dec. 26		Feb. 22, 2014
Bobwhite Quail—The hunting	Oct. 26		Nov. 30	4	8
and taking 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	Dec. 26		Dec. 28	1	2
Varying Hares in WMUs 3B, 3C and 3D
Hares (Snowshoe Rabbits) or	Dec. 26		Jan. 1, 2014	1	2
Varying Hares in WMUs 1A, 1B, 2A, 2B,  2C, 2D, 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	Sept. 1		Mar. 31, 2014	3	10
Season closed during the overlap with  the regular firearms deer seasons.

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey—Male or Female				1	1
WMU 1B	Nov. 2		Nov. 9
		and
	Nov. 28		Nov. 30
WMU 2B	Nov. 2		Nov. 22
(Shotgun, Bow and Arrow only)		and
	Nov. 28		Nov. 30
WMUs 1A, 2A and 2D	Nov. 2		Nov. 16
		and
	Nov. 28		Nov. 30
WMUs 2C, 2E, 4A, 4B and 4D	Nov. 2		Nov. 22
		and
	Nov. 28		Nov. 30
WMUs 2F, 2G and 2H	Nov. 2		Nov. 16
		and
	Nov. 28		Nov. 30
WMUs 3A, 3B, 3C, 3D, 4C and 4E	Nov. 2		Nov. 22
		and
	Nov. 28		Nov. 30
WMU 5A	Nov. 5		Nov. 7
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1				1	2
Bearded Bird only
	May 3, 2014		May 17, 2014	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 19, 2014		May 31, 2014	May be hunted 1/2 hour before sunrise to 1/2 hour after sunset
Turkey (Spring Gobbler) Statewide	April 26, 2014			1	1
Youth Hunt1
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 5		April 6, 2014	Unlimited
(Hunting permitted on Friday, Saturday  and Sunday only)
Starlings and English Sparrows	No closed season except during the			Unlimited
	regular firearms deer seasons.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrels—(Combined species)	Sept. 1		Mar. 31, 2014	6	12
Quail	Sept. 1		Mar. 31, 2014	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2014	2	4
Cottontail Rabbits	Sept. 1		Mar. 31, 2014	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2014	1	2
Ring-necked Pheasant—Male	Sept. 1		Mar. 31, 2014	2	4
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. 5		Nov. 16	One antlered and
(Statewide)		and		an antlerless deer
	Dec. 26		Jan. 11, 2014	with each required
				antlerless license.
Deer, Archery (Antlerless)	Sep. 21		Oct. 4	An antlerless deer
WMUs 2B, 5C and 5D		and		with each required
	Nov. 18		Nov. 30	antlerless license.
Deer, Archery (Antlered and Antlerless)2	Jan. 13, 2014		Jan. 25, 2014	One antlered and
WMUs 2B, 5C and 5D				an antlerless deer with each required antlerless license.
Deer, Regular firearms	Dec. 2		Dec. 14	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 1A, 1B, 2B, 3A, 3D, 4A, 4C, 5A, 5B,				with each required
5C and 5D				antlerless license.
Deer, Regular firearms (Antlered only)2	Dec. 2		Dec. 6	One antlered deer.
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C,  4B, 4D and 4E
Deer, Regular firearms	Dec. 7		Dec. 14	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C,				with each required
4B, 4D and 4E				antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 24		Oct. 26	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. 19		Oct. 26	An antlerless deer
(Statewide)				with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 11, 2014	One antlered, or
(Statewide)				one antlerless—
				plus an additional
				antlerless deer with
				each required
				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 25, 2014	One antlered, or one
WMUs 2B, 5C and 5D				antlerless—plus an additional anterless deer with each
				required anterless
				license.
Deer, Extended Regular firearms
(Antlerless)	Dec. 26		Jan. 25, 2014	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, any age (Archery only)4	Nov. 18		Nov. 22	1	1
(Statewide)
Bear, any age (Archery only)4	Sep. 21		Nov. 16	1	1
WMUs 2B, 5C and 5D
Bear, any age (Archery only)4	Oct. 5		Nov. 16	1	1
WMU 5B
Bear, any age (Muzzleloader)4	Oct. 19		Oct. 26	1	1
WMUs 2B, 5B, 5C and 5D
Bear, any age (Special Firearms)4	Oct. 24		Oct. 26	1	1
WMUs 2B, 5B, 5C and 5D
Junior and Senior License holders,  disabled and Pennsylvania residents on  active duty in armed services
Bear, any age (Regular Firearms)4	Nov. 23		Nov. 27	1	1
(Statewide)
Bear, any age, Extended Firearms4	Dec. 4		Dec. 7	1	1
WMUs 4C, 4D and 4E
Bear, any age, Extended Firearms4	Dec. 2		Dec. 14	1	1
WMUs 2B, 5B, 5C and 5D
Bear, any age, Extended Firearms4	Dec. 2		Dec. 7	1	1
WMUs 3A, 3B, 3C and 3D

ELK

Species	First Day		Last Day	Daily Limit	Season Limit
Elk, Special Conservation5	Sep. 2		Nov. 9	1	One elk with
(Antlered and Antlerless)					required license
Elk, Regular5	Nov. 4		Nov. 9	1	One elk with
(Antlered and Antlerless)					required license
Elk, Extended5	Nov. 11		Nov. 16	1	One elk with
(Antlered and Antlerless)					required license

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Minks and Muskrats	Nov. 23		Jan. 5, 2014	Unlimited
(Statewide)
Beaver	Dec. 26		Mar. 31, 2014
(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. 27		Feb. 23, 2014	Unlimited
Skunks, Weasels—(Statewide)
Coyotes and Foxes—(Statewide)	Dec. 26		Feb. 23, 2014	Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Dec. 21		Jan. 12, 2014	1	1
3C, 3D, 4A, 4C, 4D and 4E
Fisher (with appropriate permit)	Dec. 21		Dec. 26	1	1
WMUs 2C, 2D, 2E, 2F, 2G, 2H, 3A, 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 taken with a hunting license or a furtaker's license and without wearing orange.			Unlimited
Coyotes—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.
Opossums, Skunks, Weasels	No closed season.
(Statewide)
Raccoons and Foxes—(Statewide)	Oct. 26		Feb. 22, 2014	Unlimited
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A,	Jan. 21		Feb. 11, 2014	1	1
3B, 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 2 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. 13-989. Filed for public inspection May 31, 2013, 9:00 a.m.]