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PA Bulletin, Doc. No. 96-1475

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CHS. 135, 139 and 141]

Lands and Buildings, Hunting and Trapping

[26 Pa.B. 4339]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), on June 25, 1996, adopted the following changes:

   Amending § 135.107 (relating to Middle Creek Wildlife Management Area) to provide more flexibility in the administration of the Middle Creek Wildlife Management Area (MCWMA) and to provide for some additional recreational activities through special hunting opportunities on the area.

   Amending § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1996-1997 hunting license year.

   Amending § 141.1 (relating to special regulations areas) to provide adequate flexibility for the controlling of deer by political subdivisions issued a deer control permit and located within the Special Regulations Areas by adding new language to allow the use of rifles and single-projectile ammunition specifically for deer control purposes within the Special Regulations Areas.

   Amending § 141.23 (relating to nontoxic shot) to restrict the shot size of nontoxic shot used to hunt waterfowl in this Commonwealth.

   Amending § 141.25 (relating to early and late goose hunting seasons) to permit the taking of Canada geese until September 25 Statewide.

   Adding §§ 141.26 and 141.27 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area; and early Canada goose hunting season on Pymatuning Wildlife Management Area) to better utilize the controlled hunting areas at the MCWMA, as well as the Pymatuning Wildlife Management Area (PWMA) and to fall into place with our existing language that establishes the early and late Canada goose hunting season.

   Amending § 141.45 to provide for the use of shotguns and bows and arrows only in Turkey Management Area 1 and Turkey Management Area 9.

   Amending § 141.61 (relating to trapping hours) to permit the removal of traps by trappers no later than sunset on the last day of the trapping season, instead of the 12 noon time currently provided for.

   These amendments are necessary to properly manage the wildlife resources of this Commonwealth and will have no adverse effect on the resources.

   These amendments were made public at the January 23, 1996, meeting of the Commission. The notice of proposed rulemaking was set forth at 26 Pa.B. 907 (March 2, 1996) and 26 Pa.B. 1354 (March 30, 1996).

   The amendments are adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).

Amendment to § 135.107

1.  Introduction

   To provide more flexibility in the administration of the MCWMA and to provide additional recreational opportunities, the Commission at its January 23, 1996, meeting proposed, and at its June 25, 1996, finally adopted amendments to § 135.107 to allow closing of roadways and trails utilizing gates, to control shot size for small game and waterfowl hunting and to provide for special rabbit and squirrel hunts.

2.  Purpose and Authority

   Section 135.107 currently does not permit fishing or special rabbit or squirrel hunts in controlled hunting areas on the MCWMA nor does it regulate shot sizes for hunting small game and waterfowl on the MCWMA. The Commission has decided that these activities can be safely conducted by permit only in the controlled hunting areas with limitations on shot size. These amendments are adopted under the authority contained in section 721(a) of the code (relating to control of property) which requires the Commission to promulgate regulations necessary to properly manage State game lands.

3.  Regulatory Requirements

   The amendments require the obtaining of a permit prior to fishing or participating in special rabbit or squirrel hunts in controlled hunting areas of the MCWMA. The changes would also permit closing of roads to all entry by closing of gates and require that nontoxic shot no larger than #4 Bismuth/tin and #2 steel be used in hunting small game in the controlled and propagation areas and no larger than Size ''T'' to hunt waterfowl.

4.  Persons Affected

   Persons wishing to use the MCWMA may be affected by the changes.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   Persons wishing to fish or hunt squirrels or rabbits in controlled hunting areas of the MCWMA would need to first obtain a permit at no cost. It is anticipated that the number of those permits will be fairly small.

7.  Effective Date

   These changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 139.4

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 23, 1996, meeting proposed and at its June 25, 1996, meeting finally adopted an amendment to § 139.4 to provide for seasons and bag limits for the 1996-1997 license year. Notable changes for the 1996-1997 year are the splitting of Turkey Management Area 1 into Areas 1A and 1B, the creation of a special squirrel season for junior license holders and the starting of trapping season one week later. Also the snowshoe hare season will be extended by 4 days and the spring turkey season will be extended by 2 days.

2.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code (relating to power and duties of Commission) specifically empowers the Commission to '' . . . fix seasons . . . and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b) of the code (relating to regulations) mandates that the Commission promulgate regulations relating to seasons and bag limits. To encourage junior hunters, the Commission has decided to establish a special early squirrel season for junior license holders. In addition, because of the more developed nature of Erie and Crawford Counties, the Commission has decided to establish those counties as a separate Turkey Management Area (1-B) for the future, but Turkey Management Areas 1-A and 1-B will have the same seasons for the 1996 license year. Finally, the amendment involves the starting of trapping season on the traditional Thanksgiving, 1 week later than last year, the snowshoe hare season will be extended by 4 days and the spring turkey season will be shortened by 2 days, to provide for a Saturday opening day.

3.  Regulatory Requirements

   These seasons and bag limits establish when and where it is lawful to hunt and trap various game species and place limits on the numbers that can be legally taken.

4.  Persons Affected

   Persons wishing to hunt and trap in this Commonwealth will be affected by these seasons and bag limits.

5.  Comment and Response Summary

   No written comments were received. The Commission had received a great deal of input prior to proposing the seasons and bag limits.

6.  Cost and Paperwork Requirements

   The new seasons and bag limits will not result in additional cost either to the Commission or to hunters and furtakers.

7.  Effective Dates

   The amendments are in effect from July 1, 1996, to June 30, 1997.

Amendment to § 141.1

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission at a meeting held on January 23, 1996, proposed, and at its June 25, 1996, meeting finally adopted, an amendment to § 141.1 to create an exception which would allow employes and agents of municipalities holding valid deer control permits to kill deer with rifles firing single projectile ammunition in the special regulations areas.

2.  Purpose and Authority

   Currently, § 141.1 makes it unlawful to kill wildlife in special regulations areas with single projectile ammunition. The purpose behind issuing deer control permits to municipalities is to reduce deer populations in the most efficient manner possible. The changes will provide an option under appropriate circumstances to achieve this purpose while still insuring safety.

   Section 322(c)(5) of the code empowers the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102(b) of the code authorizes the Commission to promulgate regulations relating to these devices. The changes are adopted under this authority.

3.  Regulatory Requirements

   The adopted changes will not result in additional regulatory requirements.

4.  Persons Affected

   Municipalities with deer control permits will be affected by the changes.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   The changes will not result in additional cost or paperwork.

7.  Effective Date

   These changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 141.23.

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission at its January 23, 1996, meeting proposed, and at its June 25, 1996, meeting finally adopted an amendment to § 141.23 to permit the use of any shot composition and size up to ''T'' approved by the Secretary of the United States Fish and Wildlife Service (USFWS) to hunt migratory waterfowl in this Commonwealth.

2.  Purpose and Authority

   The Commission has the authority under section 2102(a) of the code to '' . . . promulgate such regulations as it seems necessary and appropriate concerning game and wildlife . . . '' Section 322 of the code specifically empowers the Commission to ''fix the type and number of devices which may be used to take game or wildlife.''

   The amendment broadens the language of § 141.25 to permit the lawful use of shot composition and cartridge lengths approved by the Director of the USFWS in the future to hunt migratory waterfowl. The changes also put a maximum lawful size limit on the shot of ''T.''

3.  Regulatory Requirements

   The change permits the lawful use of shot compositions and cartridge lengths to hunt migratory waterfowl in this Commonwealth so long as they are approved by the Director of the USFWS.

4.  Persons Affected

   Persons wishing to hunt waterfowl in this Commonwealth will be affected.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork

   The change will not result in additional cost either to the Commission or to hunters.

7.  Effective Dates

   The change is effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 141.25

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 23, 1996, meeting proposed, and at its June 25, 1996, meeting finally adopted, changing § 141.25 to extend the early Canada goose hunting season an additional 10 days.

2.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons for any species of game or wildlife. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits.

   Because concerns about the migratory goose populations will likely result in no regular goose hunting season in this Commonwealth, extension of the early season, which targets resident geese, should help to control resident populations. This should result in a reduction in nuisance goose complaints.

3.  Regulatory Requirements

   These changes make it lawful to hunt Canada Geese in this Commonwealth during an additional 10-day period.

4.  Persons Affected

   Persons wishing to hunt geese in this Commonwealth will be affected by the change.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   The change will not result in additional costs, either to the Commission or to hunters or furtakers.

7.  Effective Date

   The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Addition of §§ 141.26 and 141.27

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 23, 1996, meeting proposed, and at its June 25, 1996, meeting finally adopted §§ 141.26 and 141.27. These sections provide procedures to have goose hunting during the early goose season (§ 141.25) at the MCWMA and PWMA when the USFWS closes the regular goose hunting season.

2.  Purpose and Authority

   Because of concerns about a dramatic drop in migratory Canada goose populations, the USFWS closed the regular 1995 goose hunting season in all but four counties in northwestern Pennsylvania. As a result, the provisions for controlled goose hunting at the MCWMA and PWMA contained in § 135.103 (relating to registration for controlled goose hunting areas) could not be implemented. At the same time, resident Canada goose populations have been increasing throughout this Commonwealth since the 1970's. Associated with these increases have been increases in crop damage and nuisance complaints. The experimental early and late Canada goose seasons started in 1992 were successful in harvesting nuisance geese and providing additional recreational opportunities.

   The changes would give the Commission the option of having goose hunting during the early goose season at the MCWMA and PWMA if the USFWS closes the regular goose hunting season. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits. Section 721(a) of the code (relating to control of property) authorizes the Commission to adopt regulations to manage lands and waters under its control. Both of these sections authorize the adoption of §§ 141.26 and 141.27.

3.  Regulatory Requirements

   The changes will not involve any additional regulatory requirements beyond what is already in § 135.103.

4.  Persons Affected

   Persons wishing to hunt Canada Geese in this Commonwealth in the early season at the MCWMA or PWMA will be affected by these additions.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   There are no requirements beyond what has been already established.

7.  Effective Dates

   These changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 141.45

1.  Introduction

   To provide for the health and safety of hunters and to more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 23, 1996, meeting proposed, and at its June 25, 1996, meeting finally adopted, an amendment to § 141.45 to prohibit the use of rifles and single projectile ammunition except bows and arrows for taking wild turkey during the fall season in Turkey Management Area 9.

2.  Purpose and Authority

   At its October 3, 1995, meeting, the Commission decided that wild turkey populations in part of Turkey Management Area 9 are sufficient to permit a fall turkey hunting season. Because of density of development in these areas, however, it was decided that safety required excluding rifles and single projectile ammunition except bows and arrows. The change accomplishes this purpose.

   Section 2102(b) of the code directs the Commission to '' . . . promulgate regulations relating to seasons and bag limits for hunting and furtaking . . . and the use and possession of devices.'' That section provides authority for this change in § 141.45.

3.  Regulatory Requirements

   The amendment will prohibit the use of rifles and single projectile ammunition except bows and arrows to hunt wild turkeys during the fall season in Turkey Management Area 9.

4.  Persons Affected

   Those wishing to hunt turkeys during the fall season in Turkey Management Area 9 will be affected by the change.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   The amendment will not result in any additional cost either to the Commission or to hunters.

7.  Effective Date

   The amendment will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 141.61

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at a meeting held on January 23, 1996, proposed, and at its June 25, 1996, meeting finally adopted an amendment to § 141.61 to allow trappers until sunset on the closing day to remove their traps.

2.  Purpose and Authority

   Section 141.61 currently requires trappers to remove their traps by noon of the closing day of the season. This can be burdensome on individuals with extensive trap lines. Because the impact on the wildlife resources of moving the closing time to later is negligible, the Commission has decided to move the deadline to sunset.

   Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to furtaking in this Commonwealth. The change is adopted under these provisions.

3.  Regulatory Requirements

   The amendment will relax regulatory requirements.

4.  Persons Affected

   Individuals wishing to trap in this Commonwealth will be affected by the change.

5.  Comment and Response Summary

   No written comments were received.

6.  Cost and Paperwork Requirements

   The amendment will not result in additional cost either to the Commission or to hunters.

7.  Effective Date

   The amendment will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Contact Person

   For further information on these amendments, contact James R. Fagan, 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 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 its authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapters 135, 139 and 141, are amended by amending §§ 135.107, 141.23, 141.45, 141.61 and by adding §§ 141.26 and 141.27 to read as set forth at 26 Pa.B. 1354 (March 30, 1996) and by amending §§ 139.4, 141.1 and 141.25 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall submit this order, 26 Pa.B. 1354 and Annex A to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director of the Commission shall certify this order, 26 Pa.B. 1354 and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall become effective upon final publication in the Pennsylvania Bulletin.

DONALD C. MADL,   
Executive Director

   Fiscal Note:  Fiscal Notes 48-92 and 48-93 remain valid for the final adoption of the subject regulations.


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.

1996-1997 OPEN HUNTING AND FURTAKING SEASONS, DAILY BAG LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT

OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Field
Possession
DailyLimit After
SpeciesFirst DayLast DayLimit First Day
Squirrels--Red, Gray, Black and Fox (Combined)--Junior hunting license holders only when properly accompanied as required by lawOct. 12Oct. 14612
Squirrels--Red, Gray, Black and Fox (Combined)Oct. 19
 
Dec. 26
 
and
Nov. 30
 
Jan. 25, 1997
612
Ruffed Grouse (Statewide)Oct. 19
 
Dec. 26
 
and
Nov. 30
 
Jan. 25, 1997
24
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, CottontailNov. 2
 
Dec. 26
 
and
Nov. 30
 
Feb. 8, 1997
48
Ringneck Pheasant--Male onlyNov. 2Nov. 3024
Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area onlyNov. 2
 
Dec. 26
 
and
Nov. 30
 
Jan. 25, 1997
24
Pheasant--Male only in that portion of Mercer County west of Interstate 79 and north of Interstate 80Nov. 2Nov. 3024
Pheasant--There is no open season for the taking of pheasants in those areas designated and defined as Pheasant Restoration Areas A, B, C, D, E and F
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all counties except Adams, Chester, Cumberland, Dauphin, Delaware, Franklin, Fulton, Juniata, Lancaster, Lebanon, Perry, Snyder and York where the season is closed.Nov. 2Nov. 3048
Hares (Snowshoe Rabbits) or Varying HaresDec. 26, 1996Jan. 1, 199724
Woodchucks (Groundhog)No closed season except during the antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season     Unlimited
DailySeason
SpeciesFirst DayLast DayLimitLimit
Turkey--Male or Female
   Management Areas #1-A & 1-BNov. 2Nov. 911
   Management Areas #2, 3, 4, 5, 6, 7-A & 8Nov. 2Nov. 1611
   Management Area #7-BNov. 2Nov. 911
   Management Area #9-AClosed to fall turkey hunting
   Management Area #9-BNov. 4Nov. 811
   Turkey (Spring Gobbler) Statewide Bearded Bird onlyMay 3, 1997May 31, 199711

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 et seq.) 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 and late season for Canada geese will be held as defined in § 141.25.

Field
Possession
DailyLimit After
SpeciesFirst DayLast DayLimit First Day
Crows (Hunting permitted on Friday, Saturday and Sunday only)July 5
 
Dec. 27
 
and
Dec. 1
 
Mar. 30, 1997
Unlimited
Starlings and English SparrowsNo closed season except during the antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey seasonUnlimited
FALCONRY
Squirrels--Red, Gray, Black and Fox (Combined)Sep. 2Mar. 29, 1997612
QuailSep. 2Mar. 29, 199748
Ruffed GrouseSep. 2Mar. 29, 19972 4
Cottontail RabbitsSep. 2Mar. 29, 199748
Snowshoe or Varying HareSep. 2Mar. 29, 199724
Ringneck Pheasant--Male and Female (Combined)Sep. 2Mar. 29, 199724

Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

DailySeason
SpeciesFirst DayLast DayLimitLimit
DEER
Deer (Archery), Antlered or Antlerless with the appropriate licenseOct. 5
 
Dec. 26
 
and
Nov. 16
 
Jan. 11, 1997
1 Per DayOne antlered.** Three antlerless deer with required antlerless deer licenses
Deer (Buck), Statewide, Antlered with 2 or more points to an antler or a spike 3 or more inches longDec. 2Dec. 141 Per DayOne antlered.**
Deer (Doe) Antlerless (Statewide)Dec. 16Dec. 181 Per Day
Deer (Doe) Antlerless (Presque Isle State Park, Erie County)Dec. 11Dec. 13One antlered deer.**
One antlerless deer with each required deer license.
Deer (Muzzleloading Firearms), (Flintlock only) Antlered or AntlerlessDec. 26Jan. 11, 19971 Per Day
Deer (Doe) Antlerless
Only on those lands designated by the Executive Director as ''Deer Damage Areas'' and posted with approved signs
Dec. 2Dec. 14One antlerless deer with each required antlerless license.
Deer (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Ritchie, Raven Rock Site, Adams County) AntlerlessHunting is permitted on days established by the United States Department of the ArmyOne antlerless deer with each required antlerless license.
SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Deer (Buck), AntleredDec. 2Dec. 14One antlered deer.**
Deer (Doe), AntlerlessDec. 2
 
Dec. 26
 
and
Dec. 21
 
Jan. 11, 1997
One antlerless deer with each required antlerless deer license.
BEAR
Bear, any ageNov. 25Nov. 2711
FURTAKING--TRAPPING
Minks and Muskrats--StatewideNov. 28Jan. 12, 1997Unlimited
Beaver--StatewideDec. 14Jan. 26, 1997
   Zones 1, 2 & 3 (except Bradford, Susquehanna and Wayne Counties)1020
   Bradford, Susquehanna and Wayne Counties1040
   Zone 4 & 51010
   Zone 6  6  6
If beaver harvest goals are not met for each zone during the early season, a spring season extension will be announced for respective zones not meeting harvest goals.
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--StatewideOct. 9Feb. 16, 1997Unlimited            
FURTAKING--HUNTING
Coyotes, Opossums, Skunks, Weasels--StatewideNo closed season. Coyotes may be taken during the regular antlered and antlerless deer seasons or extensions only by hunters who have a valid deer tag. These species may not be hunted prior to 12 noon during the spring gobbler turkey season.Unlimited            
Raccoons and Foxes--StatewideOct. 9Feb. 16, 1997Unlimited            
No open seasons on other wild birds or wild mammals.
**Only one antlered deer (buck) may be taken during all seasons of the hunting license year.

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter A.  GENERAL

§ 141.1.  Special regulations areas.

   (a)  Name. The areas shall be known and referred to as special regulations areas.

   (b)  Descriptions.

   (1)  Southwest area. Includes the County of Allegheny.

   (2)  Southeast area. Includes the counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.

   (c)  Prohibitions.

   (1)  It is unlawful to take, kill or attempt to take or kill wildlife through the use of a rifle of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for employes of political subdivisions and other persons who have a valid deer control permit issued under the authority of Chapter 29 of the act (relating to special licenses and permits).

   (2)  It is unlawful to hunt or kill wildlife in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, with a firearm that discharges a single projectile or to possess single-projectile ammunition.

   (d)  Permitted acts. It is lawful to:

   (1)  Hunt and kill deer through the use of a muzzleloading long gun or a shotgun, at least 20 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.

   (2)  Use buckshot in designated parts of Philadelphia with authorization of the Director.

   (3)  Use a shotgun at least 20 gauge--including semiautomatic--with buckshot ammunition only, to take deer within the boundary of Ridley Creek State Park and Tyler State Park.

   (4)  Take deer with a shotgun using buckshot in the Southeast area only.

   (5)  Take small game, furbearing animals, crows or wildlife with a manually operated .22 caliber rimfire rifle or handgun.

   (6)  Kill an animal legally caught in a trap with a manually operated .22 caliber rimfire rifle or handgun while trapping.

Subchapter B.  SMALL GAME

§ 141.25.  Early and late goose hunting seasons.

   (a)  Early season and description.

   (1)  Subject to approval of the United States Fish and Wildlife Service, there will be an early Canada goose hunting season starting on September 1 (except when Sunday, then September 2), and ending on September 25 (except when Sunday, then September 24) Statewide. Geese may be taken on the Pymatuning State Park Reservoir and an area to extend 100 yards inland from the shoreline of the reservoir excluding the area east of L.R. 20006.

   (2)  Geese may not be taken in that portion of Crawford County which is in the area south of Route 6 from the Ohio line to its intersection with Route 322 in the town of Conneaut Lake and north of Route 322 west to the Ohio line, or in Lancaster/Lebanon Counties in the area east of S. R. 501 from Shaefferstown to the Pa. Turnpike, north of the Pa. Turnpike to S. R. 272, west of S. R. 272 to S. R. 897, and south of S. R. 897 to Shaefferstown, referred to as closed areas.

   (3)  Bag limit. There is a daily bag limit of three and a possession limit of six with the exception of the closed areas in Crawford and Lancaster/Lebanon Counties.

   (b)  Bag limit, late season and description. There is a daily bag limit of five and a possession limit of ten geese. Subject to approval of the United States Fish and Wildlife Service, there is a late Canada goose hunting season beginning on January 20 (except when Sunday, then January 21), and ending February 5 (except when Sunday, then February 4), on and within 5 miles of the Susquehanna, West Branch of the Susquehanna and Juniata Rivers and designated bridges. Designated bridges are the Interstate Route 76 bridge on the south, the State Route 103 bridge at Lewistown on the west, the Constitution Bridge at Lock Haven on the northwest and the Interstate Route 80 bridge on the northeast. Portions of the following counties are included: Clinton, Columbia, Cumberland, Dauphin, Juniata, Lycoming, Mifflin, Montour, Northumberland, Perry, Snyder, Union and York.

   (c)  Shooting hours. Shooting hours for goose hunting during the early and late goose hunting seasons is 1/2 hour before sunrise to sunset.

   (d)  Permit required.

   (1)  Licensed hunters wishing to hunt Canada geese during the early or late season shall obtain a permit andgoose harvest report card for the respective season in one of the following ways:

   (i)  By sending their name, address and telephone number together with a self-addressed stamped envelope to the Harrisburg Office of the Commission.

   (ii)  By submitting their name, address and telephone number at the sales counter of the Commission's Harrisburg Office or one of its regional offices.

   (2)  Early and late goose hunting permits will be issued free-of-charge.

   (3)  Individuals hunting geese during the early or late goose season shall have in their possession a valid Pennsylvania hunting license, the appropriate early or late goose hunting permit and a Migratory Bird Hunting and Conservation (Duck) Stamp, if they are 16 years of age or older.

   (4)  Recipients of early and late goose hunting permits shall return a properly completed goose harvest report card to the Harrisburg Office of the Commission within 10 days following the close of the respective early and late seasons. Failure to return a properly completed goose harvest report card could result in the loss of eligibility to receive future early or late goose season permits.

   (e)  Unlawful acts. It is unlawful to:

   (1)  Hunt Canada geese during the early or late goose hunting seasons inside the boundaries of the closed area.

   (2)  Hunt Canada geese during the early or late goose hunting seasons without the required permit for the respective season.

   (3)  Fail to return the goose harvest report card within the allotted time, even if no harvest occurred.

   (4)  Provide false information on the goose harvest report card.

[Pa.B. Doc. No. 96-1475. Filed for public inspection September 6, 1996, 9:00 a.m.]



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