PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[45 Pa.B. 1375]
[Saturday, March 21, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting proposed to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2015-2016 hunting/trapping license year.

 The proposed rulemaking will not have an 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 27, 2015, meeting of the Commission. Comments can be sent until April 6, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2015-2016 license year. The 2015-2016 seasons and bag limits have been amended to reflect 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 management of the wildlife resources of this Commonwealth.

 A proposed change to small game seasons includes opening the bobwhite quail season Statewide except for wildlife management unit (WMU) 5A where quail hunting will remain closed. A recently completed quail status report concluded that the bobwhite is extirpated from the wild and therefore there is not a biological basis for prohibiting hunting. The Commission is proposing to keep WMU 5A closed to quail hunting in the event restoration efforts are targeted in this WMU in the coming year. The Commission is also proposing to expand the crow hunting season to include an additional weekend to April 10 to take full advantage of the allotted days offered under the Migratory Bird Treaty.

 In regard to wild turkey seasons, 2014 marked the final year of data collection for the hen harvest and survival study. Preliminary analyses show an increase in harvest rate with a 1-week fall season increase, but further analyses are needed to determine the significance of the increase at the population level and to guide revision of criteria for determining fall season length. However, finalizing/adopting a new structured process for fall season recommendations by the April 2015 Commission meeting is not feasible. Therefore, this year's recommendations continue to use the current fall season recommendation process specified, and approved, in the Wild Turkey Management Plan. The Commission is recommending the same season structure as in 2014 for WMUs 2C, 2F, 2G and 2H. The Commission is also recommending a decrease in the fall season in WMUs 2E, 4A, 4B, 4D and 3D, from 3 weeks + 3-day Thanksgiving season to 2 weeks + 3-day Thanksgiving season. Both the spring harvest density and summer sighting index have declined. These units have some of the highest fall turkey hunter densities in this Commonwealth and, in accordance with the Wild Turkey Management Plan, a decrease in season length is recommended.

 Regarding white-tailed deer seasons, the Commission is proposing to adjust WMUs 1A, 1B, 3A and 3D from a concurrent antlered/antlerless white-tailed deer season to a split antlered/antlerless white-tailed deer season. The Commission is also proposing to run the deer archery season in WMUs 2B, 5C and 5D from September 19 through November 28. Based on field data from marked deer in WMU 5C, antlered harvest rates are lower than Statewide averages. As a result, antlered harvest rates could increase without negative biological consequences. In addition, this change will simplify archery regulations in these WMUs.

 Concerning furbearer seasons, the Commission is proposing to implement a river otter season in accordance with the strategies in the River Otter Management Plan. An otter trapping permit will be required to take a season limit of one otter.

 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 are 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 2015-2016 hunting/trapping license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2015-2016 hunting/trapping license year will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

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

5. Effective Date

 The effective dates of the proposed rulemaking are July 1, 2015, to June 30, 2016.

6. Contact Person

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

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: 48-374. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

 (Editor's Note: As part of this proposed rulemaking, the Commission is replacing the table which appears in 58 Pa. Code pages 139-3—139-15, serial pages (371983)—(371995) with the following table.)

§ 139.4. Seasons and bag limits for the license year.

(SEASONS AND BAG LIMITS TABLE)
2015-2016 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
Squirrel—(Combined species)	Oct. 10		Oct. 16	6	18
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Squirrel—(Combined species)	Oct. 17		Nov. 28	6	18
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 20, 2016
Ruffed Grouse	Oct. 17		Nov. 28	2	6
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Jan. 23, 2016
Rabbit, Cottontail—	Oct. 10		Oct. 17	4	12
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Rabbit, Cottontail	Oct. 24		Nov. 28	4	12
		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 20, 2016
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	Oct. 10		Oct. 17	2	6
WMUs 2A, 2C, 4C, 4E, 5A and 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male or female	Oct. 10		Oct. 17	2	6
combined in WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ring-necked Pheasant—Male only	Oct. 24		Nov. 28	2	6
in WMUs 2A, 2C, 4C, 4E, 5A and 5B		and
	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 20, 2016
Ring-necked Pheasant—Male or female	Oct. 24		Nov. 28	2	6
combined in WMUs 1A, 1B, 2B, 2D,		and
2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D	Dec. 14		Dec. 24
		and
	Dec. 26		Feb. 20, 2016
Bobwhite Quail—The hunting and taking	Oct. 24		Nov. 28	4	12
of bobwhite quail is permitted in all WMUs except in WMU 5A where the season is closed.
Hare (Snowshoe Rabbit) or Varying Hares	Dec. 26		Dec. 29	1	3
WMUs 3B, 3C and 3D
WMUs 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F,	Dec. 26		Jan. 1, 2016	1	3
2G, 2H, 3A, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C and 5D
Woodchuck (Groundhog)	No closed season except during the			Unlimited
	regular firearms deer seasons. Hunting
	on Sundays is prohibited.
Porcupine	Sept. 1		March 31, 2016	3	10

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey, Fall (Male or Female)				1	1
WMU 2B	Oct. 31		Nov. 20
(Shotgun, Bow and Arrow only)		and
	Nov. 26		Nov. 28
WMU 1B	Oct. 31		Nov. 7
		and
	Nov. 26		Nov. 28
WMUs 1A, 2A, 2D, 2E, 2F, 2G, 2H, 3A,   3B, 3C, 3D, 4A, 4B, and 4D	Oct. 31		Nov. 14
		and
	Nov. 26		Nov. 28
WMUs 2C, 4C, and 4E	Oct. 31		Nov. 20
		and
	Nov. 26		Nov. 28
WMU 5A	Nov. 5		Nov. 7
WMUs 5B, 5C and 5D	Closed to fall turkey hunting
Turkey, Spring (Statewide) Youth Hunt1	April 23, 2016			1	1
Bearded Bird only  Eligible junior hunters only with the  required license and when properly  accompanied
Turkey, Spring (Statewide)1				1	2
Bearded Bird only	April 30, 2016		May 14, 2016	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 16, 2016		May 31, 2016	May be hunted 1/2 hour before sunrise to 1/2 hour after sunset

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—712) 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
Crow	July 3		April 10, 2016	Unlimited
(Hunting permitted on Friday, Saturday  and Sunday only)
Starling and English Sparrow	No closed season except during the			Unlimited
	regular firearms deer seasons.

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrel—(Combined species)	Sept. 1		Mar. 31, 2016	6	18
Quail	Sept. 1		Mar. 31, 2016	4	12
Ruffed Grouse	Sept. 1		Mar. 31, 2016	2	6
Cottontail Rabbit	Sept. 1		Mar. 31, 2016	4	12
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2016	1	3
Ring-necked Pheasant—Male	Sept. 1		Mar. 31, 2016	2	6
and Female—(Combined)
Migratory Game Bird—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species	First Day		Last Day	Season Limit
Deer, Archery (Antlered and Antlerless)2	Sept. 19		Nov. 28	An antlered, and
WMUs 2B, 5C and 5D		and		an antlerless deer
	Dec. 26		Jan. 23, 2016	with each required
				anterless license.
Deer, Archery (Antlered and Antlerless)2	Oct. 3		Nov. 14	One antlered, and
(Statewide)		and		an antlerless deer
	Dec. 26		Jan. 9, 2016	with each required antlerless license.
Deer, Muzzleloading (Antlerless only)	Oct. 17		Oct. 24	An antlerless deer
(Statewide)				with each required antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 22		Oct. 24	An antlerless deer
(Statewide)				with each required
Only Junior and Senior License Holders,3				antlerless license.
Commission Disabled Person Permit Holders  (to use a vehicle as a blind), and Residents  serving on active duty in the United States  Armed Forces, or in the United States Coast  Guard, with required antlerless license
Deer, Regular firearms	Nov. 30		Dec. 12	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 2B, 5A, 5B, 5C and 5D				with each required antlerless license.
Deer, Regular firearms	Nov. 30		Dec. 4	One antlered deer.
(Antlered only)2
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H,
3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E
Deer, Regular firearms	Dec. 5		Dec. 12	One antlered, and
(Antlered and Antlerless)2				an antlerless deer
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H,				with each required
3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D and 4E				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 9, 2016	One antlered, or
(Statewide)				one antlerless— plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 23, 2016	One antlered, or
WMUs 2B, 5C and 5D				one anterless— plus an additional anterless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)	Dec. 26		Jan. 23, 2016	An antlerless deer
Allegheny, Bucks, Chester, Delaware,				with each required
Montgomery and Philadelphia Counties				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)

BLACK BEAR

Species	First Day		Last Day	Daily Limit	Season Limit
Bear, Archery4	Nov. 16		Nov. 20	1	1
(Statewide)
Bear, Archery4	Sept. 19		Nov. 14	1	1
WMUs 2B, 5C and 5D
Bear, Archery4	Oct. 3		Nov. 14	1	1
WMU 5B
Bear, Muzzleloader4	Oct. 17		Oct. 24	1	1
WMUs 2B, 5B, 5C and 5D
Bear, Special Firearms4	Oct. 22		Oct. 24	1	1
WMUs 2B, 5B, 5C and 5D
Junior and Senior License holders,
disabled, and Pennsylvania residents
on active duty in armed services
Bear, Regular Firearms4	Nov. 21		Nov. 25	1	1
(Statewide)
Bear, Extended Firearms4	Dec. 2		Dec. 5	1	1
WMUs 2C, 4B, 4C, 4D and 4E
Bear, Extended Firearms4	Nov. 30		Dec. 12	1	1
WMUs 2B, 5B, 5C and 5D
Bear, Extended Firearms4	Nov. 30		Dec. 5	1	1
WMUs 3A, 3B, 3C and 3D

ELK

Species	First Day		Last Day	Daily Limit	Season Limit
Elk, Regular5	Nov. 2		Nov. 7	1	One elk with
(Antlered and Antlerless)					required license
Elk, Extended5	Nov. 9		Nov. 14	1	One elk with
(Antlered and Antlerless)					required license
Elk, Special Conservation Tag5	Sept. 1		Nov 7	1	One elk with required license
(Anterlered and Anterless)

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 21		Jan. 10, 2016	Unlimited
(Statewide)
Beaver	Dec. 26		Mar. 31, 2016
(Statewide)
WMUs 1A, 1B and 3C (Combined)				20	40
WMUs 2A, 2B, 2C, 2D, 2E, 2F, 3A, 3B, 3D,  5C and 5D (Combined)				20	20
WMUs 2G, 2H, 4A, 4B, 4C, 4D, 4E, 5A and  5B (Combined)				5	5
Coyote, Fox, Opossum, Raccoon,	Oct. 25		Feb. 21, 2016	Unlimited
Skunk, Weasel—(Statewide)
Coyote and Fox—(Statewide)	Dec. 26		Feb. 21, 2016	Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Dec. 19		Jan. 10, 2016	1	1
3C, 3D, 4A, 4C, 4D and 4E
Fisher (with appropriate permit)	Dec. 19		Dec. 24	1	1
WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A,  3B, 3C, 3D, 4D and 4E
River Otter (with appropriate permit)6	Feb. 21, 2016		Feb. 23, 2016	1	1
WMUs 3C and 3D

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(Statewide)	Outside of any big game season may be			Unlimited
	taken with a hunting license or a furtaker's license and without wearing orange.
Coyote—(During any big game season)	May be taken while lawfully hunting big game or with a furtaker's license.
Opossum, Striped Skunk, Weasel	No closed season.
(Statewide)
Raccoon and Fox—(Statewide)	Oct. 24		Feb. 20, 2016	Unlimited
Bobcat (with appropriate permit)
WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,	Jan. 16, 2016		Feb. 9, 2016	1	1
3C, 3D, 4A, 4C, 4D and 4E
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 1 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 1 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 1 bear may be taken during the hunting license year.

 ⁵ Only 1 elk may be taken during the hunting license year.

 ⁶ Otter season may be extended up to 5 additional individual days beyond the listed last day of the otter season in the event the harvest quota is not met.

[Pa.B. Doc. No. 15-507. Filed for public inspection March 20, 2015, 9:00 a.m.]

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