1074 Seasons and bag limits?

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[40 Pa.B. 3096]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2010-2011 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 40 Pa.B. 1756 (April 3, 2010).

1. Purpose and Authority

 The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2010-2011 seasons and daily season and possession limits are similar to those set in 2009-2010, the 2010-2011 seasons and bag limits have been amended to conform to 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. Some notable changes for hunters next season will be expanded cottontail rabbit hunting opportunities for junior hunters, reduced wild turkey hunting opportunities in wildlife management units (WMU) 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5C and 5D, expanded wild turkey hunting opportunities in WMUs 2F and 5A, expanded archery deer hunting opportunities in WMUs 2B, 5C and 5D, reduced antlerless deer hunting opportunities during the regular firearms season in WMUs 2C, 2E, 4D and 4E, expanded archery bear hunting opportunities Statewide, reduced bear hunting opportunities in WMUs 2G, 3B, 4C, 4D, 4E, 5C and 5D, reduced bobcat hunting/trapping opportunities in WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4D and 4E, the creation of fisher hunting/trapping opportunities in WMUs 2C, 2D, 2E and 2F, and finally expanded elk hunting opportunities outside of the elk management area. As the next license year is fast approaching, the Commission amended § 139.4 to provide updated seasons and bag limits for the 2010-2011 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(b)(1) (relating to regulations) of the code authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking . . . .'' The amendments to § 139.4 were 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 2010-2011 license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2010-2011 license year will be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 272 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer seasons

 Out of a total of 188 comments received concerning this subtopic, 97 requested a return to the 3-day antlerless deer season, five requested that the split regular firearms deer season be applied Statewide, 13 requested the 2-week concurrent deer season be applied Statewide, 21 opposed the split regular firearms deer season for WMU 2C, one requested that regular firearms deer season open on the Saturday after Thanksgiving, one requested that antlerless firearms deer seasons be closed by mid-January in WMUs 2B, 5C and 5D, one supported the October antlerless deer seasons, one requested leaving antlerless deer seasons open from the end of the regular firearms deer season to Christmas in WMUs 2B, 5C and 5D, three requested that antlerless deer seasons be closed permanently, one requested that antlerless deer seasons be closed for 3 or 4 years, 28 requested that antlerless deer seasons be closed for 2010, four requested that antlerless deer seasons be closed on State game lands, one requested a shortened antlerless deer season in WMU 2B to save drop-antler bucks, one requested an extension in deer seasons until February 1st in WMU 5C, four requested that flintlock muzzleloader deer season conclude at the end of January, one requested a longer flintlock muzzleloader deer season, one requested a shorter flintlock muzzleloader deer season, one requested that the mid-October muzzleloader deer season be scheduled for another time, two requested a shorter archery deer season and one requested a longer archery deer season.

Bear seasons

 Out of a total of 62 comments received concerning this subtopic, eight supported the Saturday opening day for firearms bear season, 47 opposed the Saturday opening day for firearms bear season, six opposed the elimination of the extended bear seasons that run concurrent with the regular firearms deer season, one requested that the firearms bear season open on the first Monday after Thanksgiving, one requested that the entire firearms bear season be moved up 1 week earlier, four supported the week long archery bear season, two opposed the week long archery bear season and three requested that archery bear season run concurrent with archery deer season.

Turkey seasons

 Out of a total of 19 comments received concerning this subtopic, nine opposed the shortening of fall turkey season for bear season, one requested that fall turkey season be moved up 1 week to avoid conflict with the Saturday opening day for firearms bear season, one opposed the current opening day for the spring season, two opposed the closure of fall turkey season in WMU 5C, two requested an extension in fall turkey season in WMU 2D and four requested that the spring turkey season be started earlier.

Small game seasons

 Out of a total of two comments received concerning this subtopic, one supported the expansion of cottontail rabbit season to late February and one requested that squirrel season be extended to late February.

Furbearer hunting/trapping seasons

 Out of a total of 23 comments received concerning this subtopic, one requested an increase in bobcat hunting opportunities in WMU 4E, 18 opposed the reduction of the bobcat season, three supported the bobcat season changes and one requested that cable restraint seasons run concurrent with regular trapping seasons.

Waterfowl seasons

 The single comment received concerning this subtopic requested that duck season be closed during the regular firearms deer 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, 2010, to June 30, 2011.

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 amendment 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 amendment 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 shall become effective upon final-form publication in the Pennsylvania Bulletin.

CARL G. ROE, 
Executive Director

 Fiscal Note: Fiscal Note 48-297 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)
2010-2011 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. 9		Oct. 15	6	12
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law.
Squirrels—(Combined species)	Oct. 16		Nov. 27	6	12
		and
	Dec. 13		Dec. 23
		and
	Dec. 27		Feb. 5, 2011
Ruffed Grouse	Oct. 16		Nov. 27	2	4
		and
	Dec. 13		Dec. 23
		and
	Dec. 27		Jan. 22, 2011
Rabbits, Cottontail	Oct. 9		Oct. 16	4	8
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law.
Rabbits, Cottontail	Oct. 23		Nov. 27	4	8
		and
	Dec. 13		Dec. 23
		and
	Dec. 27		Feb. 26, 2011
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. 9		Oct. 16	2	4
WMUs 2A, 2B, 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. 9		Oct. 16	2	4
combined in WMUs 1A, 1B, 2D, 2E, 2F, 2G, 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. 23		Nov. 27	2	4
in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B
Ring-necked Pheasant—Male or female	Oct. 23		Nov. 27	2	4
combined in WMUs 1A, 1B, 2D, 2E, 2F,		and
2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C	Dec. 13		Dec. 23
and 5D		and
	Dec. 27		Feb. 5, 2011
Bobwhite Quail—The hunting 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.	Oct. 23		Nov. 27	4	8
Hares (Snowshoe Rabbits) or	Dec. 27		Jan. 1, 2011	1	2
Varying Hares
Woodchucks (Groundhog)	No closed season except during the regular firearms deer seasons and during legal hunting hours of the spring gobbler turkey season.			Unlimited

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey—Male or Female				1	1
WMUs 1A, 1B and 2A	Nov. 13		Nov. 19
(Shotgun, Bow and Arrow only)		and
	Nov. 25		Nov. 27
WMU 2B (Shotgun, Bow and Arrow  only)	Nov. 6		Nov. 19
		and
	Nov. 25		Nov. 27
WMUs 2C, 2D, 2E, 4A, 4B and 4D	Nov. 13		Nov. 19
		and
	Nov. 25		Nov. 27
WMUs	Nov. 6		Nov. 19
2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E		and
	Nov. 25		Nov. 27
WMU 5A	Nov. 16		Nov. 18
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1				1	2
Bearded Bird only
	April 30, 2011		May 14, 2011		Turkey may be hunted 1/2 hour before sunrise
		and			to 12 noon.
	May 16, 2011		May 31, 2011		Turkey may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.
Turkey (Spring Gobbler) Statewide Youth Hunt1	April 23, 2011		April 23, 2011	1	1
Bearded Bird only Eligible Junior Hunters only, with the required license and when properly accompanied as required by law

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—711) 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 2		April 10, 2011	Unlimited
(Hunting permitted on Friday, Saturday and Sunday only)
Starlings and English Sparrows	No closed season except during the			Unlimited
	regular firearms deer seasons and during legal hunting hours of the spring gobbler turkey season.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrels—(Combined species)	Sept. 1		Mar. 31, 2011	6	12
Bobwhite Quail	Sept. 1		Mar. 31, 2011	4	8
Ruffed Grouse	Sept. 1		Mar. 31, 2011	2	4
Cottontail Rabbits	Sept. 1		Mar. 31, 2011	4	8
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2011	1	2
Ring-necked Pheasant—Male and Female—(Combined)	Sept. 1		Mar. 31, 2011	2	4
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. 2		Nov. 13	One antlered and
(Statewide)		and		an antlerless deer
	Dec. 27		Jan. 15, 2011	with each required antlerless license.
Deer, Archery (Antlerless only)	Sep. 18		Oct. 1	An antlerless deer
WMUs 2B, 5C and 5D		and		with each required
	Nov. 15		Nov. 27	antlerless license.
Deer, Archery (Antlered and Antlerless)2	Oct. 2		Nov. 13	One antlered and
WMUs 2B, 5C and 5D		and		an antlerless deer
	Dec. 27		Jan. 29, 2011	with each required antlerless license.
Deer, Regular firearms	Nov. 29		Dec. 11	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 1A, 1B, 2A, 2B, 2F, 3A,				with each required
3B, 3D, 4A, 4C, 5A, 5B, 5C and 5D				antlerless license.
Deer, Regular firearms (Antlered only)2	Nov. 29		Dec. 3	One antlered deer.
WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E
Deer, Regular firearms	Dec. 4		Dec. 11	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E				with each required antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 21		Oct. 23	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 U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license
Deer, Muzzleloading (Antlerless only)	Oct. 16		Oct. 23	An antlerless deer
(Statewide)				with each required
				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 27		Jan. 15, 2011	One antlered, or
(Statewide)				one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 27		Jan. 29, 2011	An antlerless deer
WMUs 2B, 5C and 5D				with each required antlerless license.
Deer, Extended Regular firearms	Dec. 27		Jan. 29, 2011	An antlerless deer
(Antlerless only)				with each required
WMUs 2B, 5C and 5D				antlerless license.
Deer, (Antlerless only)	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. 15		Nov. 19	1	1
(Statewide)
Bear, any age (Statewide)4	Nov. 20		Nov. 23	1	1

ELK

Species	First Day		Last Day	Daily Limit	Season Limit
Elk, Regular (Antlered and Antlerless)5	Nov. 1		Nov. 6	1	One elk with required license.
Elk, Special Conservation	Sept. 1		Nov. 6	1	One elk with
(Antlered and Antlerless)5					required license.
Elk, Extended (Antlered & Antlerless)5	Nov. 8		Nov. 13	1	One elk with required license.

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Minks and Muskrats—(Statewide)	Nov. 20		Jan. 9, 2011	Unlimited
Beaver—(Statewide)	Dec. 26		Mar. 31, 2011
WMUs 2E, 2F and 2G (Combined)				20	20
WMUs 1A, 1B, 3A, 3B, 3C and 3D (Combined)				20	40
WMUs 2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D (Combined)				10	10
Coyotes, Foxes, Opossums, Raccoons,	Oct. 24		Feb. 20, 2011	Unlimited
Skunks, Weasels—(Statewide)
Coyotes and Foxes—(Statewide)	Dec. 26		Feb. 20, 2011	Unlimited
(Cable restraint devices may be used)
Bobcat—(with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,	Dec. 18		Jan. 9, 2011	1	1
4A, 4D and 4E
Fisher—(with appropriate permit)	Dec. 18		Dec. 23	1	1
WMUs 2C, 2D, 2E and 2F

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyotes—(Statewide)	Outside of any deer or bear season may be taken with a hunting license or a furtaker's license and without wearing orange.			Unlimited
Coyotes—(During any archery deer season)	May be taken while lawfully hunting deer or with a furtaker's license.
Coyotes—(During the regular firearms deer season and any bear season)	May be taken while lawfully hunting deer or bear or with a furtaker's license while wearing 250 square inches of daylight fluorescent orange-colored material in a 360° arc.
Coyotes—(During the spring gobbler turkey season)	May be taken by persons who have a valid tag and meet fluorescent orange and shot size requirements.
Opossums, Skunks, Weasels	No closed season. These species may
(Statewide)	not be hunted during legal hunting hours of the spring gobbler turkey season.
Raccoons and Foxes—(Statewide)	Oct. 23		Feb. 19, 2011	Unlimited
Bobcat—(with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,	Dec. 18		Jan. 8, 2011	1	1
4A, 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.

November 2010 Elk License Allocations

Elk Hunt Zones	License Type
	Antlered	Antlerless
1	Open	Open
2	2	6
3	2	4
4	2	2
5	0	0
6	0	0
7	3	8
8	2	6
9	3	5
10	3	2
Subtotal:	17	33
Total Allocations:	50

2010 Antlerless Deer Allocations

Wildlife Management Units (WMUs)	2010 Allocations
1A	42,000
1B	28,500
2A	55,000
2B	68,000
2C	44,100
2D	50,400
2E	21,000
2F	25,200
2G	26,000
3A	26,000
3B	35,000
3C	27,000
3D	33,300
4A	29,000
4B	23,000
4C	35,000
4D	32,000
4E	27,000
5A	19,000
5B	51,000
5C	122,000
5D	22,000
Total Allocations:	841,500

 The antlerless allocation as approved for each WMU for the 2010-2011 seasons shall be automatically reduced by the number of DMAP permits issued in that WMU for the 2009-2010 seasons and the DMAP permits issued for the 2010-2011 seasons shall not exceed the 2009-2010 totals in each said WMU without further action by this Board.

[Pa.B. Doc. No. 10-1074. Filed for public inspection June 11, 2010, 9:00 a.m.]