GAME COMMISSION [58 PA. CODE CH. 139] Seasons and Bag Limits [34 Pa.B. 3704] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted the following final-form rulemaking:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2004-2005 hunting license year.
This final rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 34 Pa.B. 1776 (April 3, 2004).
1. Introduction
The Commission amends § 139.4 to provide for updated seasons and bag limits for the 2004-2005 license year.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2004-2005 seasons and daily season and possession limits are similar to those set in 2003-2004, the 2004-2005 seasons and bag limits are amended to conform to current scientific data, harvest reports, field surveys and observations and staff and field input, as well as recommendations received from organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth.
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 were adopted under this authority.
3. Regulatory Requirements
The adopted seasons and bag limits will establish 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.
4. Persons Affected
Persons wishing to hunt and trap in this Commonwealth are affected by the adopted seasons and bag limits.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
The adopted seasons and bag limits do not result in any additional cost either to the Commission or to hunters and furtakers.
7. Effective Date
The effective dates are July 1, 2004, to June 30, 2005.
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 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 and apply retroactively to July 1, 2004.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-177 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) 2004-2005 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--(Combined species)
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 9 Oct. 15 6 12 Squirrels--(Combined species) Oct. 16 Nov. 27 6 12 and Dec. 13 Dec. 23 and Dec. 27 Feb. 5, 2005 Ruffed Grouse--(Statewide) Oct. 16 Nov. 27 2 4 and Dec. 13 Dec. 23 and Dec. 27 Jan. 15, 2005 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. 23 Nov. 27 4 8 and Dec. 13 Dec. 23 and Dec. 27 Feb. 5, 2005 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4B, 4C, 4E, 5A, 5B, 5C & 5D
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 9 Oct. 11 2 4 Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A & 4D
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 9 Oct. 11 2 4 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4B, 4C, 4E, 5A, 5B, 5C & 5D Oct. 23 Nov. 27 2 4 Ringneck Pheasant--Male or female Oct. 23 Nov. 27 2 4 combined in Wildlife Management Units and 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, Dec. 13 Dec. 23 3C, 3D, 4A & 4D and Dec. 27 Feb. 5, 2005 Bobwhite Quail--The hunting Oct. 23 Nov. 27 4 8 and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C & 5D where the season is closed. Hares (Snowshoe Rabbits) or Dec. 27 Jan. 1, 2005 1 2 Varying Hares Woodchucks (Groundhog) No closed season except during the Unlimited
regular firearms deer seasons and until noon daily during the spring gobbler turkey season. Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female 1 1 Wildlife Management Units 1A, 2A & 2B Oct. 30 Nov. 20 (Shotgun, Bow & Arrow only) Wildlife Management Unit 1B Oct. 30 Nov. 13 (Shotgun, Bow & Arrow only) Wildlife Management Units 2C, 2E, 4A, 4B & 4D Oct. 30 Nov. 13 Wildlife Management Units 2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C & 4E Oct. 30 Nov. 20 Wildlife Management Units 5A & 5B Closed to fall turkey hunting Wildlife Management Unit 5C & 5D Oct. 30 Nov. 6 Turkey (Spring Gobbler) Statewide5 April 30, 2005 May 28, 2005 1 1 Bearded Bird only Turkey (Spring Gobbler) Statewide Youth Hunt5 April 23, 2005 April 23, 2005 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.
(c) Subject to approval by the United States Fish and Wildlife Service, an early season for Canada geese will be held as defined in § 141.25.
Field Possession Daily Limit After Species First Day Last Day Limit First Day Crows July 2 Nov. 28 Unlimited
(Hunting permitted on Friday, Saturday and and Sunday only) Dec. 26 April 3, 2005 Starlings and English Sparrows No closed season except during the Unlimited regular firearms deer seasons and until noon daily during the spring gobbler turkey season FALCONRY Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--(Combined species) Sept. 1 Mar. 31, 2005 6 12 Quail Sept. 1 Mar. 31, 2005 4 8 Ruffed Grouse Sept. 1 Mar. 31, 2005 2 4 Cottontail Rabbits Sept. 1 Mar. 31, 2005 4 8 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2005 1 2 Ringneck Pheasant--Male Sept. 1 Mar. 31, 2005 2 4 and Female--(Combined) Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations. DEER Season Species First Day Last Day Limit Deer, Antlered & Antlerless--(Statewide)1 Oct. 2 Nov. 13 One antlered and (Archery--Bows and Arrows Only) and an antlerless deer Crossbows may be used in Wildlife Dec. 27 Jan. 15, 2005 with each required Management Units 2B, 5C and 5D antlerless license. Deer, Regular Antlered & Nov. 29 Dec. 11 One antlered, and Antlerless--(Statewide)1 an antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) Oct. 21 Oct. 23 An antlerless deer Only Junior and Senior License Holders,2 with each required PGC Disabled Person Permit Holders antlerless license. (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, Antlerless only--(Statewide) Oct. 16 Oct. 23 An antlerless deer (Muzzleloading season) with each required antlerless license. Deer, Antlered or Antlerless--(Statewide)1 Dec. 27 Jan. 15, 2005 One antlered, or (Flintlock Muzzleloading season) one antlerless--plus an additional antlerless deer with each required antlerless license. Deer, Antlerless Dec. 27 Jan. 15, 2005 An antlerless deer Wildlife Management Units with each required 2B & 5C antlerless license. Deer, Antlerless Dec. 13 Dec. 18 An antlerless deer Wildlife Management Unit 5D and with each required Dec. 27 Jan. 29, 2005 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) BEAR Daily Season Species First Day Last Day Limit Limit Bear, any age--(Statewide)4 Nov. 22 Nov. 24 1 1 Bear, any age4 Nov. 29 Dec. 4 1 1 Wildlife Management Units 3D, 4C and that portion of 4E, East of Rt. 487 and that portion of 3B, East of 487 and South of Rt. 87 and that portion of 3C, East of I-81. 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. ELK Daily Season Species First Day Last Day Limit Limit Elk, Antlered & Antlerless6 Nov. 8 Nov. 13 1 1 (With each required license) FURTAKING--TRAPPING Daily Season Species First Day Last Day Limit Limit Minks and Muskrats--(Statewide) Nov. 20 Jan. 8, 2005 Unlimited Beaver--(Statewide) Dec. 26 Mar. 31, 2005 Wildlife Management Units 1A, 1B, 2F & 2G (Combined) 20 20 Wildlife Management Unit 3A, 3B, 3C & 3D (Combined) 20 40 Wildlife Management Units 2A, 2B, 2C, 2D, 2E, 4A, 4B, 4C, 4D & 4E (Combined) 10 10 Wildlife Management Units 5A, 5B, 5C & 5D (Combined) 6 6 Coyotes, Foxes, Opossums, Raccoons, Oct. 17 Feb. 19, 2005 Unlimited Skunks, Weasels--(Statewide) Bobcat3 Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 17 Feb. 19, 2005 1 1 FURTAKING--HUNTING Daily Season Species First Day Last Day Limit 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, Weasels7
(Statewide)No closed season. These species maynot be hunted prior to noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide)7 Oct. 16 Feb. 19, 2005 Unlimited Bobcat3 Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 16 Feb. 19, 2005 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 Only one spring gobbler may be taken during the hunting license year.
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. 04-1284. Filed for public inspection July 16, 2004, 9:00 a.m.]
