1201 Seasons and bag limits

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[36 Pa.B. 3244]
[Saturday, July 1, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2006, meeting, adopted amendments to § 139.4 (relating to seasons and bag limits for the license year).

   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 36 Pa.B. 13 (January 7, 2006).

1.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2006-2007 seasons and daily season and possession limits are similar to those set in 2005-2006, the 2006-2007 seasons and bag limits have been amended to conform to current 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 beaver trapping opportunities in Wildlife Management Units (WMU) 2E, 5A, 5B, 5C and 5D, as well as expanded bear hunting opportunities in WMUs 2F, 2G, 3A, 4A, 4B and 4D. The expanded bear hunting opportunities are the result of the creation of a trial bear archery season that will take place during the week prior to the traditional Statewide bear season. The Commission created this trial bear archery season in response to substantial requests from a portion of the bear hunting community for the same. However, it is important to note that the Commission has created this season with some reservation due to its concerns with the creation of new administrative challenges in implementing the new season as well as the creation of additional demands on the bear resource through increased harvest rates. Nonetheless, as the next license year is approaching, the Commission has amended § 139.4 to provide updated seasons and bag limits for the 2006-2007 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) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking . . . .'' The amendment to § 139.4 was 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 2006-2007 license year.

3.  Persons Affected

   Persons wishing to hunt and trap in this Commonwealth during the 2006-2007 license year will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received a total of 3,302 official comments concerning this final-form rulemaking. The comments received concerned the following subtopics:

Deer Season (in general)

   Out of a total of 815 comments received concerning this subtopic, 69 support the Commission's current deer program, 18 oppose permitting hunters to harvest more than 1 antlerless deer per license year, 2 oppose permitting hunters to harvest more than 2 antlerless deer per license year, 5 oppose antlerless deer hunting outside of October, 550 oppose the concurrent antlered/antlerless deer seasons or the length of the antlerless deer season, or both, 120 support the concurrent antlered/antlerless deer seasons, 28 oppose the opening of any antlerless deer seasons, 1 opposes all antlered deer hunting prior to the rut, 1 supports combining the archery, rifle and muzzleloader seasons into one 2-week season, 6 support opening the deer rifle season on the Saturday after Thanksgiving, 1 supports antlerless deer hunting prior to the rut, 1 supports limiting the antlerless deer season to youth hunters only, 1 supports extending deer rifle season, 3 support extending youth antlerless firearms season to two Saturdays and 9 support limiting or closing all early antlerless deer seasons.

Deer Archery Season

   Out of a total of 515 comments received concerning this subtopic, 220 oppose the duration of the deer archery season (too long), 288 support the duration of the deer archery season and 7 support increasing the duration of the deer archery season.

Deer Muzzleloader Season

   Out of a total of 444 comments received concerning this subtopic, 123 support the early deer muzzleloader season, 318 oppose the early deer muzzleloader season, 2 support permitting hunters to harvest antlered deer in the October muzzleloader season and 1 supports extending the early deer muzzleloader season to 2 weeks.

Bear Season

   Out of a total of 1,505 comments received concerning this subtopic, 1,485 support the bear archery season, 9 oppose the bear archery season, 1 supports extending the bear archery season, 5 support the concurrent deer/bear seasons, 3 oppose the concurrent deer/bear seasons and 2 support extending the traditional bear season.

Turkey Seasons

   Out of a total of three comments received concerning this subtopic, one opposes the two-bird limit for the spring turkey season, one supports extending the duration of the fall turkey season and one opposes the youth spring turkey season on Earth Day.

Small Game Season

   Out of a total of 16 comments received concerning this subtopic, 11 support expanding or opening small game season earlier, 1 opposes the duration/opening of pheasant season in WMU 2C, 1 supports permitting hunters to take male and female pheasants in WMU 2C, 2 oppose the opening of the spring and fall turkey seasons due to the spread of bird flu and 1 supports expanding crow season due to the spread of bird flu.

Furbearer Hunting/Trapping Season

   The single comment received concerning this subtopic supported opening the raccoon, fox and coyote seasons later.

Waterfowl Seasons

   Out of a total of three comments received concerning this subtopic, one supports reducing goose season at Middle Creek, one supports the establishment of a spring goose season and one supports the establishment of a swan season.

5.  Cost and Paperwork Requirements

   The final-form rulemaking may result in some additional cost and paperwork associated with the creation of the bear archery season due to the need to ensure necessary administrative and enforcement support for the same. However, the Commission has determined that if there is any additional expense associated with the proposed bear archery season, it will not be substantial and would be absorbed by the current budget.

6.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  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, [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 48-216 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)
2006-2007 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) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 7		Oct. 13	6	12
Squirrels--(Combined species)	Oct. 14		Nov. 25	6	12
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 3, 2007
Ruffed Grouse--(Statewide)	Oct. 14		Nov. 25	2	4
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Jan. 27, 2007
Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING''
Rabbits, Cottontail	Oct. 21		Nov. 25	4	8
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 3, 2007
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A, 5B, 5C and 5D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 7		Oct. 13	2	4
Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B and 4D	Oct. 7		Oct. 13	2	4
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A, 5B, 5C and 5D	Oct. 21		Nov. 25	2	4
Ringneck Pheasant--Male or female	Oct. 21		Nov. 25	2	4
combined in Wildlife Management Units		and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D	Dec. 11		Dec. 23
4A, 4B and 4D		and
	Dec. 26		Feb. 3, 2007
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C and 5D where the season is closed.	Oct. 21		Nov. 25	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 2007	1	2
Woodchucks (Groundhog)	No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season.			Unlimited

Species	First Day Limit	Last Day	Daily Limit	Season Limit
Turkey--Male or Female			1	1
Wildlife Management Units 1A & 1B    (Shotgun, Bow and Arrow only)	Oct. 28	Nov. 11
Wildlife Management Units 2A & 2B    (Shotgun, Bow and Arrow only)	Oct. 28	Nov. 18
Wildlife Management Units    2C, 2E, 4A, 4B and 4D	Oct. 28	Nov. 11
Wildlife Management Units    2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E	Oct. 28	Nov. 18
Wildlife Management Units 5A and 5B	Closed to fall turkey hunting
Wildlife Management Units 5C and 5D    (Shotgun, Bow and Arrow only)	Oct. 28	Nov. 3
Turkey (Spring Gobbler) Statewide5    Bearded Bird only	April 28, 2007	May 26, 2007	1	2
Turkey (Spring Gobbler) Statewide Youth Hunt5	April 21, 2007	April 21, 2007	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--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 1	Nov. 25		Unlimited
(Hunting permitted on Friday,	and
Saturday and Sunday only)	Dec. 29	April 1, 2007
Starlings and English Sparrows	No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season.			Unlimited
	FALCONRY
Squirrels--(Combined species)	Sept. 1	Mar. 31, 2007	6	12
Quail	Sept. 1	Mar. 31, 2007	4	8
Ruffed Grouse	Sept. 1	Mar. 31, 2007	2	4
Cottontail Rabbits	Sept. 1	Mar. 31, 2007	4	8
Snowshoe or Varying Hare	Sept. 1	Mar. 31, 2007	1	2
Ringneck Pheasant--Male and Female--(Combined)	Sept. 1	Mar. 31, 2007	2	4
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

	DEER
Species	First Day		Last Day	Season Limit
Deer, Antlered and Antlerless--(Statewide)1	Sept. 30		Nov. 11	One antlered and
(Archery--Bows and Arrows Only)		and		an antlerless deer
Crossbows may be used in Wildlife	Dec. 26		Jan. 13, 2007	with each required
Management Units 2B, 5C and 5D				antlerless license.
Deer, Regular Antlered and Antlerless--(Statewide)1	Nov. 27		Dec. 9	One antlered, and an antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide) Only Junior and Senior License Holders,2 PGC 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	Oct. 19		Oct. 21	An antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide) (Muzzleloading season)	Oct. 14		Oct. 21	An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)1 (Flintlock Muzzleloading season)	Dec. 26		Jan. 13, 2007	One antlered, or one antlerless--plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless Wildlife Management Unit 2B	Dec. 26		Jan. 13, 2007	An antlerless deer with each required antlerless license.
Deer, Antlerless	Dec. 11		Dec. 23	An antlerless deer
Wildlife Management Units		and		with each required
5C and 5D	Dec. 26		Jan. 27, 2007	antlerless license.
Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.			An antlerless deer with each required antlerless license.

BEAR

Species	First Day	Last Day	Daily Limit	Season Limit
Bear, any age--(Bows and Arrows only)4	Nov. 15	Nov. 16	1	1
Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B and 4D
Bear, any age--(Statewide)4	Nov. 20	Nov. 22	1	1
Bear, any age4	Nov. 27	Dec. 2	1	1
Wildlife Management Units 3C, 3D and that portion of 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42.
Portion of Wildlife Management Units 2G and 3B in Lycoming County that lie North of the West branch of the Susquehanna River from the Rt. 405 bridge, West to the Rt. 220 bridge, East of Rt. 220 to Rt. 44 and East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West branch of the Susquehanna River.
Bear, any age4	Nov. 27	Dec. 2	1	1
Rockview Prison
	ELK
Elk, Antlered and Antlerless6	Nov. 6	Nov. 11	1	1
(With each required license)
Elk, Antlered and Antlerless6	Sept. 17, 2007	Sept. 22, 2007	1	1
(With each required license)
	FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 18	Jan. 6, 2007	Unlimited
Beaver--(Statewide)	Dec. 26	Mar. 31, 2007
Wildlife Management Units 2E, 2F and 2G (Combined)			20	20
Wildlife Management Units 1A, 1B, 3A, 3B, 3C and 3D (Combined)			20	40
Wildlife Management Units 2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D (Combined)			10	10
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide)	Oct. 22	Feb. 17, 2007	Unlimited
Coyotes and Foxes--(Statewide) (Cable restraint devices may be used)	Jan. 1	Feb. 17, 2007	Unlimited
Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3D	Oct. 22	Feb. 17, 2007	1	1
	FURTAKING--HUNTING
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, Weasels7 (Statewide)	No closed season. These species may not be hunted prior to noon during the spring gobbler turkey season.
Raccoons and Foxes--(Statewide)7	Oct. 21	Feb. 17, 2007		Unlimited
Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C and 3D	Oct. 21	Feb. 17, 2007	1	1
No open seasons on other wild birds or wild mammals.
1 Only one antlered deer (buck) may be taken during the hunting license year.
2 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).
3 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit and may not be taken during the regular antlered and antleress deer season from 1/2 hour before sunrise to sunset.
4 Only one bear may be taken during the hunting license year.
5 Second spring gobbler may only be taken by persons who possess a valid special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees).
6 Only one elk may be taken during the hunting license year.
7 May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to sunset.

[Pa.B. Doc. No. 06-1201. Filed for public inspection June 30, 2006, 9:00 a.m.]