PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 135 AND 141]
Lands and Buildings; Hunting and Trapping
[30 Pa.B. 2908] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 4, 2000, meeting, proposed the following amendments to 58 Pa. Code:
Amend § 135.103 (relating to registration for controlled goose hunting areas) to move the drawing back to September to give hunters a longer opportunity to apply for a blind in the Middle Creek Wildlife Management Area (MCWMA) since goose hunting during the September 2000 Canada goose season will not be open. Amend § 135.106 (relating to Pymatuning Wildlife Management Area) to address safety concerns by making some minor changes to the application process and scheduling the hunt outside of the late archery and muzzleloading seasons.
Amend § 141.4 (relating to hunting hours) to move the hunting hours of the first dove hunting season back to 12 noon to sunset. Amend § 141.25 (relating to early and late goose hunting seasons) to make the closed area during the early and late goose hunting seasons consistent. Amend §§ 141.25 and 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area) to eliminate the area closed to goose hunting surrounding the Middle Creek Wildlife Management Area.
The proposed amendments to Chapters 135 and 141 will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal of these regulations is 34 Pa.C.S. (relating to Game and Wildlife Code (code)).
These proposals were made public at the April 4, 2000, meeting of the Commission, and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until June 16, 2000.
Amendments to Chapter 135
1. Introduction
To better administer the special wildlife management areas at Middle Creek and Pymatuning, the Commission at its April 4, 2000, meeting proposed making several changes to Chapter 135, Subchapter F (relating to Special Wildlife Management Areas). The amendments include a change to § 135.103 moving the deadline for submitting applications for blinds in the controlled goose hunting areas of MCWMA from the second Tuesday in August to the second Tuesday in September. The Commission is also proposing to amend § 135.106 to move the special deer hunt outside the late archery and muzzleloading seasons because of safety concerns. These proposals are made under the authority contained in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
The administration of the special wildlife management areas at Middle Creek and Pymatuning is a dynamic process which sometimes requires adjustments to proce-dures. In past years, the drawing for goose blind reservations at MCWMA has been held in August to accommodate opening the controlled area during the September Canada goose season. The controlled goose hunting area at MCWMA will not be open for the September 2000 Canada goose season. Moving the deadline back 1 month will give hunters more time to apply and will allow the Commission to advise successful applicants of the exact season, which is usually set by the United States Fish and Wildlife Service in early September.
At the same time, the special deer hunt in Pymatuning Wildlife Management Area (PWMA) has become very popular. Because it is currently held during the muzzleloader and late archery seasons, deer hunters will station themselves just outside the boundary of PWMA, in hope of harvesting a fleeing deer. This has led to at least one incident of a hunter being struck by a stray bullet, giving rise to safety concerns. To deal with these concerns, the Commission is proposing to hold the special hunt outside of other deer seasons.
3. Regulatory Requirements
For the most part, the proposals involve changes to procedures with no additional requirements. The change in the goose blind application deadline is a relaxation of a requirement. The holding of the special deer hunt in PWMA is a mere change in timing.
4. Persons Affected
Persons wishing to engage in the specified activities at PWMA and MCWMA may be affected by the proposed changes.
Amendment to § 141.4
1. Introduction
At its June 8, 1999, meeting, the Commission finally adopted a change to § 141.4 to allow the hunting of mourning doves from 1/2 hour before sunrise rather than from noon. It has been determined that this has led to conflicts with Canada goose hunters hunting during the early season. As a result and to more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on April 4, 2000, proposed changing § 141.4 to return the start of hunting hours for hunting mourning doves to noon. This change was proposed under sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of the Commission; and regulations).
2. Purpose and Authority
The current provision of § 141.4 provides that mourning doves may be hunted all day. As was pointed out in the previous paragraph, the 1999 expansion of hunting hours has led to conflicts with Canada goose hunters hunting during the early season. To eliminate these conflicts, the Commission has proposed that shooting hours for mourning doves be returned to their noon start.
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 the hunting of game or wildlife in this Commonwealth. The proposed change would be adopted under this authority.
3. Regulatory Requirements
The proposed change would reduce the number of hours for hunting mourning doves.
4. Persons Affected
Individuals wishing to hunt mourning doves would be affected by the proposed change.
Amendments to §§ 141.25 and 141.26
1. Introduction
The number of resident Canada geese in Southeastern Pennsylvania and number of accompanying nuisance complaints have increased dramatically in recent years. To deal with this situation, the Commission at its April 4, 2000, meeting proposed changing §§ 141.25 and 141.26 to eliminate the area closed to goose hunting surrounding the MCWMA during the early Canada goose season.
In addition, the areas closed to Canada goose hunting in the area surrounding PWMA are different during the early and late seasons. The Commission is proposing to change these sections to make the closed areas consistent in both seasons. These changes were proposed under sections 322(c)(1) and 2102(b)(1) of the code.
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.
As was pointed out earlier, the population of resident Canada geese in Southeastern Pennsylvania has dramatically increased, resulting in numerous nuisance geese complaints. Given this situation, it makes little sense to restrict Canada goose hunting during the early Canada goose season, when resident populations are targeted. The Commission has therefore proposed eliminating the closed area surrounding the MCWMA during that season, by amending §§ 141.25 and 141.26.
Also, the areas of Crawford County surrounding PWMA that are closed to Canada goose hunting during the early and late seasons are different. To avoid confusion, the Commission is proposing to have one area closed to goose hunting during both seasons. The proposed changes will accomplish that purpose.
3. Regulatory Requirements
The proposed changes will relax current regulatory requirements.
4. Comment and Paperwork Requirements
Persons wishing to hunt geese at MCWMA and PWMA would be affected by the changes.
5. Cost and Paperwork Requirements
The proposed changes would not result in any additional cost, either to the Commission or to hunters.
6. Effective Date
The changes would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes, the contact person is William L. Hutson, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-122. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE
MANAGEMENT AREAS§ 135.103. Registration for controlled goose hunting areas.
The following apply to reservations for controlled goose hunting areas:
* * * * * (2) Reservation requests on official application forms shall be submitted by mail. An application shall contain requested information, including the applicant's current valid hunting license back tag number, including letter.
(i) Middle Creek Wildlife Management Area. Applications shall be received by the close of business on the second Tuesday in [August] September. Applications received later than the close of business on the second Tuesday in [August] September will be rejected.
* * * * * (4) Selections of mailed application forms will be made by random drawing from all eligible applications submitted. The Director will establish, no later than 20 days prior to the drawing, the number of applications to be drawn.
(i) Middle Creek Wildlife Management Area. The drawing will be held on the second Wednesday in [August] September and shall be open to the public.
* * * * * § 135.106. Pymatuning Wildlife Management Area.
* * * * * (d) The following apply to special hunts on the controlled [areas] area:
(1) [Hunting deer during the muzzleloader and late archery seasons is by permit only.
(2) A drawing will determine successful applicants on a date and time designated by the Director or a designee.
(3) Permit numbers issued daily to muzzleloader and archery hunters shall be set by the Director or a designee prior to the drawing.
(4) If determined by the Director or a designee that an adequate number of deer have been harvested on the area prior to the last day of the scheduled season, the Director may suspend hunting on the area and cancel remaining permits.
(5) A successful hunter shall submit the deer for examination at the registration center on the dates of the permit.
(6) A hunter shall return a permit to the registration center prior to but not later than 1/2 hour after the daily closing time on the date of the permit.
(7) If a successful applicant does not appear to claim a reservation by the opening hunting hour on the day assigned, the reservation may be reassigned on a first-come basis.
(8) Hunters participating in the special archery and muzzleloader hunts inside the controlled areas shall wear a minimum of 250 square inches of fluorescent orange material on the head, chest and back combined.]
Special deer hunts will be by permit only, limited to archery and muzzleloading firearms.
(2) Not withstanding the provisions in § 135.161(2) (relating to Commission-owned or leased lands or waters), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits.
(3) A drawing of applications to determine successful hunters will be held at the Pymatuning Wildlife Management Area headquarters on a date and time designated by the director or a designee.
(4) Applications will be received at the area headquarters no later than the close of business of the day prior to the date and time of the drawing.
(5) One official application per person to hunt deer on the controlled area may be submitted each license year. Anyone submitting more than one application for a permit will have all applications rejected. The application shall contain archery or muzzleloading license stamp numbers.
(6) The number of permits to be drawn shall be set by the director or a designee prior to the drawing.
(7) If a successful applicant does not appear to claim a reservation on the day assigned, prior to the opening hunting hour, the permit becomes invalid and is not transferable.
(8) A successful hunter shall submit a harvested deer for examination to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(9) Unsuccessful hunters shall return the permit to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(10) Hunters participating in the special archery and muzzleloading hunts inside the controlled area shall wear a minimum of 250 square inches of fluorescent orange material on the head, back and chest combined.
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.
* * * * * (4) Mourning doves may be hunted from 12 noon to sunset from the first season opening date through the first season closing date.
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 area.] S. R. 198 from the Ohio line to the intersection of S. R. 18, to the intersection of U. S. Route 322/S. R. 18, to the intersection of S. R. 3013, south to the Crawford/Mercer County line.
(3) Bag limits are as follows:
* * * * * (ii) There is a daily bag limit of three and a possession limit of six in the remainder of the State with the exception of the closed [areas] area in Crawford [and Lancaster/Lebanon Counties.] County.
(b) Late season and description.
(1) Areas. Subject to approval of the United States Fish and Wildlife Service, there is a late Canada goose hunting season beginning on January 15 (except when Sunday, then January 16), and ending on February 15 (except when Sunday, then February 14) Statewide, with the exception of [Erie, Mercer, Butler,] that area of Crawford County south of S. R. 198 from the Ohio line to the intersection of S. R. 18, to the intersection of U. S. Route 322/S. R. 18, to the intersection of S. R. 3013, south to the Crawford/Mercer County line and the area east of I-83 from the Maryland State line to the intersection of U. S. Route 30 to the intersection of S. R. 441, east of S. R. 441 to intersection of I-283, east of I-283 to I-83, east of I-83 to intersection of I-81, east of I-81 to intersection of I-80 and south of I-80 to the New Jersey State line.
* * * * * [ (3) Map. See map of Late Canada Goose Areas in Appendix E.]
* * * * * § 141.26. Early Canada goose hunting season on Middle Creek Wildlife Management Area.
During an early Canada goose season, the following apply:
(1) Opening of controlled hunting area. In years when the United States Fish and Wildlife Services authorizes a regular fall Canada goose hunting season, and an early Canada goose hunting season, the Director may open the controlled hunting area at Middle Creek Wildlife Management Area for early Canada goose hunting. [When the controlled hunting area is open during an early Canada goose hunting season, the closed areas in Lebanon and Lancaster Counties, as defined in § 141.25(a)(2) (relating to early and late goose hunting seasons) do not apply.]
* * * * * (Editor's Note: As part of this proposal, the Commission proposes to delete the map which appears in Appendix E in 58 Pa. Code page 141-23, serial page (227707).)
[Pa.B. Doc. No. 00-984. Filed for public inspection June 9, 2000, 9:00 a.m.]
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