GAME COMMISSION [58 PA. CODE CH. 141] Hunting and Trapping; Firearm Caliber Limitations [34 Pa.B. 3711] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted the following rulemaking:
Amend § 141.22 (relating to small game) to permit rimfire and centerfire firearms of less than .23 caliber to hunt small game; and § 141.43 (relating to deer) to permit the use of rimfire firearms of .22 caliber or less to dispatch legally trapped furbearers during the regular or special firearms deer seasons to make the regulations more consistent and reduce confusion related to firearm caliber limitations.
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 34 Pa.B. 1941 (April 10, 2004).
1. Introduction
The Commission amends § 141.22 to permit rimfire and centerfire firearms of less than .23 caliber to hunt small game and amends § 141.43 to permit the use of rimfire firearms of .22 caliber or less to dispatch legally trapped furbearers during the regular or special firearms deer seasons to make the regulations more consistent and reduce confusion related to firearm caliber limitations.
2. Purpose and Authority
Formerly, § 141.22 made it unlawful to take small game with a centerfire firearm. Only rimfire, .22 caliber or less firearms were permitted to take small game. The Commission amends § 141.22 to permit the use of rimfire and centerfire firearms of less than .23 caliber to take small game.
Formerly, § 141.43 permitted trappers to dispatch legally trapped furbearers during the regular or special firearms deer seasons with a .22 caliber firearm only. However, the Commission has recently amended the restrictions regarding the caliber of single projectile firearms that are permitted during the small game season to include smaller caliber firearms such as the .17 caliber. To maintain consistency between the regulations and reduce confusion related to the calibers permitted, the Commission amends § 141.43 to permit the use of .23 caliber or less firearms for the dispatch of legally trapped furbearers during the regular or special firearms deer seasons.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 322(c)(5) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(a) of the code provides that ''the Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to . . . the ways, manner, methods and means of hunting or furtaking . . . in this Commonwealth.'' The amendments to §§ 141.22 and 141.43 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking permits the use of rimfire and centerfire firearms of less than .23 caliber to hunt small game and will also permit trappers to dispatch legally trapped furbearers during the regular or special firearms deer seasons with firearms of .22 caliber or less.
4. Persons Affected
Persons wishing to hunt small game in this Commonwealth with single projectile firearms will be affected by the final-form rulemaking. Additionally, persons wishing to dispatch legally trapped furbearers during the regular or special firearms deer seasons will be affected by the final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
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 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 these 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 141, are amended by amending §§ 141.22 and 141.43 to read as set forth at 34 Pa.B. 1941.
(b) The Executive Director of the Commission shall certify this order and 34 Pa.B. 1941 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-183 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 04-1286. Filed for public inspection July 16, 2004, 9:00 a.m.]
