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PA Bulletin, Doc. No. 17-1341

PROPOSED RULEMAKING

[  58 PA. CODE CH. 141  ]

Hunting and Trapping; General; Small Game; Big Game

[47 Pa.B. 4711]
[Saturday, August 12, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 26, 2017, meeting to amend §§ 141.1, 141.22, 141.43 and 141.67 to extend the use of air guns and semiautomatic rifles for small game and furbearers to special regulation areas, delete the limiting term ''centerfire'' from the manually operated or semiautomatic rifle authorization that was erroneously added in a previous amendment, and relocate and extend the use of air guns and semiautomatic rimfire rifles .22 caliber or less for dispatching legally trapped furbearers caught in a trap during the regular or special firearms deer seasons.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

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

 This proposed rulemaking was made public at the June 26, 2017, meeting of the Commission. Comments can be sent until September 22, 2017, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 In relevant part, the act of November 21, 2016 (P.L. 1317, No. 168) (Act 168) made two significant changes to section 2308 of the code (relating to unlawful devices and methods). Act 168 eliminated the Commonwealth's historic prohibitions against the use of air guns and semiautomatic rifles for hunting. It is important to note that Act 168 did not authorize the use of semiautomatic handguns or eliminate the two-shell in the shotgun magazine restriction for small game, furbearers, and the like. On March 28, 2017, in an effort to implement Act 168 and expand hunting opportunities in this Commonwealth, the Commission amended §§ 131.2, 141.22, 141.43—141.45, 141.47 and 141.67 to authorize the use of air guns and semiautomatic rifles for small game and furbearers. These amendments became effective on May 13, 2017. See 47 Pa.B. 2710 (May 13, 2017).

 The Commission is proposing housekeeping amendments to address concerns not addressed in the original proposed rulemaking. First, the Commission proposes to amend § 141.1 (relating to special regulations areas) to extend the use of air guns and semiautomatic rifles for small game and furbearers to special regulation areas. While this extension nearly matches the original Statewide proposal, it is important to note the existing limitation to rimfire ammunition in this section will be carried forward in the special regulations areas in this proposed amendment. The Commission is also proposing to amend § 141.22 (relating to small game seasons) to delete the limiting term ''centerfire'' from the manually operated or semiautomatic rifle authorization that was erroneously added at 47 Pa.B. 2710. This correction will return the text to its intended structure. Lastly, the Commission is proposing to amend §§ 141.43 and 141.67 (relating to deer seasons; and furbearer seasons) to relocate and extend the use of air guns and semiautomatic rimfire rifles .22 caliber or less for dispatching legally trapped furbearers caught in a trap 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.'' The amendments to §§ 141.1, 141.22, 141.43 and 141.67 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend §§ 141.1, 141.22, 141.43 and 141.67 to extend the use of air guns and semiautomatic rifles for small game and furbearers to special regulation areas, delete the limiting term ''centerfire'' from the manually operated or semiautomatic rifle authorization that was erroneously added at 47 Pa.B. 2710, and relocate and extend the use of air guns and semiautomatic rimfire rifles .22 caliber or less for dispatching legally trapped furbearers caught in a trap during the regular or special firearms deer seasons.

3. Persons Affected

 Persons wishing to hunt or take small game or furbearers with air guns or semiautomatic firearms in this Commonwealth will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in an increase in cost and paperwork.

5. Effective Date

 This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6. Contact Person

 For further information regarding this proposed rulemaking, contact Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

Fiscal Note: 48-420. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.1. Special regulations areas.

*  *  *  *  *

 (d) Permitted acts. It is lawful to:

 (1) Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer and bear through the use of a muzzleloading long gun or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.

 (2) Take deer with a shotgun 20 gauge or larger—including semiautomatic—using buckshot in the Southeast area only.

 (3) Take small game, furbearing animals, crows or wildlife with [a manually operated rimfire rifle or handgun .22 caliber or less.] the following devices:

(i) A manually operated or semiautomatic rimfire rifle or manually operated rimfire handgun .22 caliber or less.

(ii) A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

 (4) Kill an animal legally caught in a trap with [a manually operated rimfire rifle or handgun .22 caliber or less while trapping.] the following devices:

(i) A manually operated or semiautomatic rimfire rifle or manually operated rimfire handgun .22 caliber or less.

(ii) A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

 (5) Harvest more than one deer at a time when multiple harvests of deer per day are authorized without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter.

 (6) Hunt or take deer during any deer season through the use of or by taking advantage of bait on private property currently operating under a valid deer control permit where approval for limited baiting activities has previously been obtained under § 147.552 (relating to application). This limited authorization is valid only to the extent that persons comply with the standards and conditions in § 147.556 (relating to lawful devices and methods).

 (7) Hunt or take deer in the southeast special regulations area during regular open hunting seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only under a deer attractant permit issued under Chapter 147, Subchapter R (relating to deer control).

Subchapter B. SMALL GAME

§ 141.22. Small game seasons.

 (a) Permitted devices. It is lawful to hunt small game, except woodchucks, during any small game season with the following devices:

*  *  *  *  *

 (7) [An air gun. The firearm must be] A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

*  *  *  *  *

 (c) Woodchuck (Groundhog) season.

 (1) Permitted devices. It is lawful to hunt woodchucks during woodchuck season with the following devices:

 (i) A manually operated or semiautomatic [center-fire] rifle or manually operated handgun that propels single-projectile ammunition.

*  *  *  *  *

 (vii) [An air gun. The firearm must be] A manually operated or semiautomatic air rifle or manually operated air handgun .22 caliber or larger that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

*  *  *  *  *

Subchapter C. BIG GAME

§ 141.43. Deer seasons.

*  *  *  *  *

 (e) Cooperating while hunting during any deer season. Holders of any of the appropriate licenses or stamps may cooperate while hunting antlered or antlerless deer if pertinent provisions of the act and this section are met.

[(f) .22 caliber or less rimfire required for furbearers. When using a firearm only a rimfire rifle or handgun .22 caliber or less may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.]

Subchapter D. FURBEARERS

§ 141.67. Furbearer seasons.

 (a) Permitted devices. It is lawful to hunt or take furbearers during any furtaking season with the following devices:

*  *  *  *  *

 (6) [An air gun. The firearm must be] A manually operated or semiautomatic air rifle or manually operated air handgun .22 caliber or larger that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

 (b) Prohibitions. While hunting furbearers during any furbearer hunting or trapping season, it is unlawful to:

 (1) Use or possess multiple-projectile shotgun ammunition larger than # 4 buckshot, except as authorized under section 2525 of the act (relating to possession of firearm for protection of self or others).

 (2) Use or possess a device or ammunition not provided for in the act or in this section, except as authorized under section 2525 of the act.

(3) Use any firearm, other than authorized in this paragraph, to dispatch legally trapped furbearers during the overlap with the regular or special firearms deer seasons:

(i) A manually operated or semiautomatic rimfire rifle or manually operated rimfire handgun .22 caliber or less.

(ii) A manually operated or semiautomatic air rifle or manually operated air handgun between .177 and .22 caliber, inclusive, that propels single-projectile pellet or bullet ammunition. BB ammunition is not authorized.

[Pa.B. Doc. No. 17-1341. Filed for public inspection August 11, 2017, 9:00 a.m.]



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