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PA Bulletin, Doc. No. 10-601

PROPOSED RULEMAKING

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[40 Pa.B. 1756]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:

 Amend § 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 proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

 The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 The proposed rulemaking was made public at the January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 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 include expanded cottontail rabbit hunting opportunities for junior hunters; a Statewide closure of all Northern Bobwhite quail hunting; reduced wild turkey hunting opportunities in WMUs 2B, 2G, 3A, 3B, 3C, 3D, 4C, 4D, 4E, 5C and 5D, expanded wild turkey hunting opportunities in WMU 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 is proposing to amend § 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) 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 proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 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 proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 The effective dates of the proposed rulemaking are July 1, 2010, to June 30, 2011.

6. Contact Person

 For further information regarding the proposed rulemaking, contact Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

Fiscal Note: 48-297. No fiscal impact; (8) recommends adoption.

 (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the table which appears in 58 Pa. Code pages 139-3—139-14, serial pages (343719)—(343730) with the following table.)

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

Field
Possession
DailyLimit After
SpeciesFirst DayLast DayLimitFirst Day
Squirrels—(Combined species)Oct. 9Oct. 15612
 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Squirrels—(Combined species)Oct. 16Nov. 27612
and
Dec. 13Dec. 23
and
Dec. 27Feb. 5, 2011
Ruffed GrouseOct. 16Nov. 2724
and
Dec. 13Dec. 23
and
Dec. 27Jan. 22, 2011
Rabbits, Cottontail Oct. 9 Oct. 1648
 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Rabbits, Cottontail Oct. 23Nov. 2748
and
Dec. 13 Dec. 23
and
Dec. 27Feb. 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 WMUs 2A, 2B,  2C, 4C, 4E, 5A and 5BOct. 9Oct. 1624
 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male or female combined in  WMUs 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D,  4A, 4B, 4D, 5C and 5DOct. 9Oct. 1624
 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male only in WMUs 2A, 2B,  2C, 4C, 4E, 5A and 5BOct. 23Nov. 2724
Ring-necked Pheasant—Male or femaleOct. 23Nov. 2724
 combined in WMUs 1A, 1B, 2D, 2E, 2F, 2G,and
 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5DDec. 13Dec. 23
and
Dec. 27Feb. 5, 2011
Bobwhite Quail No open season, except captive raised or propagated bobwhite quail may be taken on regulated hunting grounds, and public and private lands by permit.
Hares (Snowshoe Rabbits) or Varying HaresDec. 27Jan. 1, 201112
Woodchucks (Groundhog) No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season.Unlimited
DailySeason
SpeciesFirst DayLast DayLimitLimit
Turkey—Male or Female11
 WMUs 1A, 1B and 2AOct. 30Nov. 13
 (Shotgun, Bow and Arrow only)
 WMU 2BOct. 30Nov. 19
  (Shotgun, Bow and Arrow only)
 WMUs
 2C, 2D, 2E, 4A, 4B and 4DOct. 30Nov. 13
 WMUs
 2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E Oct. 30Nov. 19
 WMU 5ANov. 2Nov. 4
 WMUs 5B, 5C and 5D Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1April 30, 2011 May 31, 201112
 Bearded Bird only
Turkey (Spring Gobbler) Statewide Youth Hunt1April 23, 2011April 23, 201111
 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.

Field
Possession
DailyLimit After
SpeciesFirst DayLast DayLimitFirst Day
CrowsJuly 2 April 10, 2011 Unlimited
 (Hunting permitted on Friday, Saturday and Sunday only)
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

Field
Possession
DailyLimit After
SpeciesFirst DayLast DayLimitFirst Day
Squirrels—(Combined species) Sept. 1 Mar. 31, 2011 6 12
Bobwhite Quail No open season, except captive raised or propagated bobwhite quail may be taken on regulated hunting grounds, and public and private lands by permit.
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, 201112
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

Season
SpeciesFirst DayLast DayLimit
Deer, Archery (Antlered and Antlerless)2
 (Statewide)
Oct. 2 Nov. 13One antlered and an antlerless deer with each required antlerless license.
and
Dec. 27Jan. 15, 2011
Deer, Archery (Antlerless only)Sep. 18Oct. 1 An antlerless deer with each required antlerless license.
 WMUs 2B, 5C and 5Dand
Nov. 15Nov. 27
Deer, Archery (Antlered and Antlerless)2Oct. 2 Nov. 13One antlered and an antlerless deer with each required antlerless license.
 WMUs 2B, 5C and 5Dand
Dec. 27Jan. 29, 2011
Deer, Regular firearms (Antlered and Antlerless)2
 WMUs 1A, 1B, 2A, 2B, 2F, 3A, 3B, 3D, 4A, 4C, 5A, 5B, 5C and 5D
Nov. 29Dec. 11One antlered, and an antlerless deer with each required antlerless license.
Deer, Regular firearms (Antlered only)2
 WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E
Nov. 29Dec. 3One antlered deer.
Deer, Regular firearms (Antlered and Antlerless)2
 WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E
Dec. 4Dec. 11One antlered, and an antlerless deer with each required antlerless license.
Deer, Special firearms (Antlerless only) (Statewide)
 Only Junior and Senior License Holders,3 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.
Oct. 21Oct. 23An antlerless deer with each required antlerless license.
Deer, Muzzleloading (Antlerless only) (Statewide)Oct. 16Oct. 23An antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 (Statewide)Dec. 27Jan. 15, 2011One antlered, or one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2
 WMUs 2B, 5C and 5D
Dec. 27Jan. 29, 2011An antlerless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless only)
 WMUs 2B, 5C and 5D
Dec. 27Jan. 29, 2011An antlerless deer with each required antlerless license.
Deer, (Antlerless only)
 (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.

BLACK BEAR

DailySeason
SpeciesFirst DayLast DayLimitLimit
Bear, any age (Archery only)4 (Statewide)Nov. 15Nov. 1911
Bear, any age (Statewide)4Nov. 20 Nov. 2311

ELK

DailySeason
SpeciesFirst DayLast DayLimitLimit
Elk, Regular (Antlered and Antlerless)5Nov. 1 Nov. 61One elk with required license.
Elk, Special Conservation (Antlered and Antlerless)5Sept. 1Nov. 61One elk with required license.
Elk, Extended (Antlered and Antlerless)5Nov. 8Nov. 131 One elk with required license.

FURTAKING—TRAPPING

DailySeason
SpeciesFirst DayLast DayLimitLimit
Minks and Muskrats—(Statewide)Nov. 20 Jan. 9, 2011 Unlimited
Beaver—(Statewide)Dec. 26 Mar. 31, 2011
 WMUs
 2E, 2F and 2G (Combined)
2020
 WMUs
 1A, 1B, 3A, 3B, 3C and 3D (Combined)
2040
 WMUs
2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D (Combined)
1010
Coyotes, Foxes, Opossums, Raccoons, Skunks,  Weasels—(Statewide)Oct. 24Feb. 20, 2011Unlimited
Coyotes and Foxes—(Statewide)
 (Cable restraint devices may be used)
Dec. 26 Feb. 20, 2011 Unlimited
Bobcat—(with appropriate permit)
 WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4D and 4E
Dec. 18Jan. 9, 201111
Fisher—(with appropriate permit)
 WMUs 2C, 2D, 2E and 2F
Dec. 18Dec. 2311

FURTAKING—HUNTING

DailySeason
SpeciesFirst DayLast DayLimitLimit
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 (Statewide)No closed season. These species may not be hunted prior to noon during 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, 4A, 4D and 4E
Dec. 18Jan. 8, 201111

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.

[Pa.B. Doc. No. 10-601. Filed for public inspection April 2, 2010, 9:00 a.m.]



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