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PA Bulletin, Doc. No. 08-627

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[38 Pa.B. 1591]
[Saturday, April 5, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, proposed the following rulemaking:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2008-2009 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 29, 2008, 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 18, 2008.

1.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2008-2009 seasons and daily season and possession limits are similar to those set in 2007-2008, the 2008-2009 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 the Commonwealth. Some notable proposed changes for hunters next season will be expanded pheasant hunting opportunities for junior hunters, expanded crow hunting opportunities Statewide, reduced antlerless deer hunting opportunities in Wildlife Management Units (WMU) 2D, 2G, 3C and 4B during the regular firearms season, reduced elk hunting opportunities in Elk Hunt Zone 1 during the September season due to the elimination of the September season after 2008, expanded bobcat hunting/trapping opportunities in WMU 4D and finally, new wild boar hunting opportunities during the fall big game seasons Statewide. 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 2008-2009 license year.

   Section 322(c)(1) of the code (relating to powers and duties of the 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 amendment to § 139.4 was 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 2008-2009 license year.

3.  Persons Affected

   Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2008-2009 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, 2008, to June 30, 2009.

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

   (Editor's Notice: As part of this proposed rulemaking, the Commission is proposing to delete the existing text of § 139.4 which appears in 58 Pa. Code pages 139-3--139-14, serial pages (328389)--(328400) and replace it with the text which appears in Annex A. The new text has been printed in regular type to enhance readability.)

   Fiscal Note: 48-262. No fiscal impact; (8) recommends adoption.

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)
2008-2009 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

Species First DayLast Day Daily Limit Field Possession Limit After
First Day
Squirrels--(Combined species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law. Oct. 11 Oct. 17 6 12
Squirrels--(Combined species) Oct. 18 Nov. 29 6 12
and
Dec. 15Dec. 23
and
Dec. 26 Feb. 7, 2009
Ruffed Grouse--(Statewide) Oct. 18 Nov. 29 2 4
and
Dec. 15 Dec. 23
and
Dec. 26Jan. 24, 2009
Rabbits, Cottontail Oct. 25 Nov. 29 4 8
and
Dec. 15 Dec. 23
and
Dec. 26Feb. 7, 2009
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law. Oct. 11Oct. 18 2 4
Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 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. Oct. 11Oct. 18 2 4
Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4C, 4E, 5A and 5B Oct. 25Nov. 29 2 4
Ringneck Pheasant--Male or femaleOct. 25Nov. 2924
combined in Wildlife Management Units and
1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, Dec. 15Dec. 23
4A, 4B, 4D, 5C and 5D and
Dec. 26Feb. 7, 2009
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C and 5D where the season is closed. Oct. 25 Nov. 29 4 8
Hares (Snowshoe Rabbits) or
Varying Hares
Dec. 26 Jan. 1, 2009 12
Woodchucks (Groundhog) No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season.Unlimited
SpeciesFirst Day Last Day Daily LimitSeason Limit
Turkey--Male or Female 1
1
   Wildlife Management Units 1A, 1B and 2A
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 15
   Wildlife Management Unit 2B
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 22
   Wildlife Management Units
   2C, 2E, 2F, 4A and 4B
Nov. 1 Nov. 15
   Wildlife Management Units
   2D, 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4E
Nov. 1 Nov. 22
   Wildlife Management Units 5A and 5B Closed to fall turkey hunting.
   Wildlife Management Units 5C and 5D
   (Shotgun, Bow and Arrow only)
Nov. 1 Nov. 7
Turkey (Spring Gobbler) Statewide1
   Bearded Bird only
April 25, 2009 May 25, 2009 12
Turkey (Spring Gobbler) Statewide
Youth Hunt1
   Bearded Bird only
   Eligible Junior Hunters only with the required    license and when properly accompanied.
April 18, 2009 April 18, 2009 1
1

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.

SpeciesFirst DayLast DayDaily LimitField
Possession Limit After
First Day
Crows
(Hunting permitted on Friday,
Saturday and Sunday only)
Jul. 4, 2008 Apr. 5, 2009 Unlimited
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
Wild Boar May be taken while lawfully hunting deer, bear and fall turkey.Unlimited
FALCONRY
Squirrels--(Combined species) Sept. 1 Mar. 31, 2009 6 12
Quail Sept. 1 Mar. 31, 2009 4 8
Ruffed Grouse Sept. 1 Mar. 31, 2009 2 4
Cottontail Rabbits Sept. 1 Mar. 31, 2009 4 8
Snowshoe or Varying Hare Sept. 1 Mar. 31, 2009 12
Ringneck Pheasant--Male Sept. 1 Mar. 31, 2009 2 4
and Female--(Combined)
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Species First DayLast Day Season Limit
Deer, Antlered and Antlerless--(Statewide)2Oct. 4 Nov. 15 One antlered and
(Archery--Bows and Arrows Only) andan antlerless deer
Crossbows may be used in Wildlife Dec. 26Jan. 10, 2009 with each required
Management Units 2B, 5C and 5D antlerless license.
Deer, Antlerless--WMUs 2B, 5C and 5D Sep. 20 Oct. 3 An antlerless deer
(Archery--Bows and Arrows and Crossbows) and with each required antlerless license.
Nov. 17 Nov. 29
and
Dec. 15Dec. 23
Deer, Regular Antlered and Antlerless2Dec. 1 Dec. 13 One antlered, and
WMUs 1A, 1B, 2A, 2B, 2C, 2E, 2F, 3A, an antlerless deer
3B, 3D, 4A, 4C, 4D, 4E, 5A, 5B, 5C and 5D with each required antlerless license.
Deer, Regular Antlered only2 and 8 Dec. 1 Dec. 5 One antlered deer
WMUs 2D, 2G, 3C and 4B
Deer, Regular Antlered and Antlerless2Dec. 6 Dec. 13 One antlered, and an
WMUs 2D, 2G, 3C and 4B antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide)Oct. 23Oct. 25 An antlerless deer
Only Junior and Senior License Holders,3with each required
PGC Disabled Person Permit Holders antlerless license.
(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, Antlerless only--(Statewide)Oct. 18Oct. 25An antlerless deer
(Muzzleloading season) with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)2 Dec. 26 Jan. 10, 2009One antlered, or
(Flintlock Muzzleloading season)one antlerless--plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless Dec. 15Dec. 23 An antlerless deer
Wildlife Management Units and with each required
2B, 5C and 5D Dec. 26 Jan. 24, 2009 antlerless license.
Deer, AntlerlessHunting is permitted on days An antlerless deer
(Letterkenny Army Depot, Franklin established by the United States with each required
County and New Cumberland ArmyDepartment of the Army. antlerless license.
Depot, York County and Fort Detrick, Raven Rock Site, Adams County)

BEAR

Species First Day Last Day Daily Limit
Season Limit
Bear, any age--(Bows and Arrows only)4Nov. 19 Nov. 20 11
WMUs 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B
and 4D
Bear, any age--(Statewide)4Nov. 24Nov. 26 1 1
Bear, any age4Dec. 1 Dec. 6 1 1
Wildlife Management Units 3C and that portion of 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42.
Also, those portions of WMUs 2G and 3B in Lycoming County that lie North of the West Branch of the Susquehanna River from the Rt. 405 bridge, West to the Rt. 220 bridge, East of Rt. 220 to Rt. 44 and East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West Branch of the Susquehanna River.
Bear, any age4 Dec. 3Dec. 6 11
WMUs 4C, 4D and 4E
Bear, any age4Dec. 1Dec. 6 1 1
Rockview Prison
ELK
Species First Day Last Day Daily Limit
Season Limit
Elk, Antlered and Antlerless5 Nov. 3 Nov. 8 1 1
(With each required license)
Elk, Antlered and Antlerless5 Sep. 1 Sep. 27 1 1
(With each required license)
Elk Hunt Zone 1
FURTAKING--TRAPPING
Species First Day Last Day Daily Limit
Season Limit
Minks and Muskrats--(Statewide)Nov. 22Jan. 11, 2009 Unlimited
Beaver--(Statewide) Dec. 26 Mar. 31, 2009
Wildlife Management Units
2E, 2F and 2G (Combined) 20 20
Wildlife Management Units
1A, 1B, 3A, 3B, 3C and 3D (Combined) 20 40
Wildlife Management Units
2A, 2B, 2C, 2D, 4A, 4B, 4C, 4D, 4E,
5A, 5B, 5C and 5D (Combined) 10 10
Coyotes, Foxes, Opossums, Raccoons, Oct. 26 Feb. 22, 2009 Unlimited
Skunks, Weasels--(Statewide)
Coyotes and Foxes--(Statewide)Jan. 1, 2009 Feb. 22, 2009 Unlimited
(Cable restraint devices may be used)
Bobcat6
Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D and 4DOct. 26 Feb. 22, 20091 1
FURTAKING--HUNTING
Species First Day Last Day Daily Limit
Season Limit
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, Weasels7 No closed season. These species may
(Statewide) not be hunted prior to noon during the spring gobbler turkey season.
Raccoons and Foxes--(Statewide)7Oct. 25 Feb. 21, 2009 Unlimited
Bobcat6
Wildlife Management Units
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D and 4D Oct. 25 Feb. 21, 2009 1 1

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 code (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 two 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 code (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.

6 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit and may not be taken during the regular antlered and antleress deer season from 1/2 hour before sunrise to sunset.

7 May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to sunset.

8 Season changes in Wildlife Management Units 2D, 2G, 3C and 4B are for the purpose of a 4-year study which must be completed before additional units are modified.

[Pa.B. Doc. No. 08-627. Filed for public inspection April 4, 2008, 9:00 a.m.]



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