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PA Bulletin, Doc. No. 09-569

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[39 Pa.B. 1532]
[Saturday, March 28, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2009 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 2009-2010 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 27, 2009, 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 17, 2009.

1.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2009-2010 seasons and daily season and possession limits are similar to those set in 2008-2009, the 2009-2010 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 proposed changes for hunters next season will be closures to all pheasant hunting in any area designated as a wild pheasant area within any WMU, (WMU) reduced wild turkey hunting opportunities in WMUs 2D, 5C and 5D, expanded wild turkey hunting opportunities in WMU 2F, and finally expanded flintlock muzzleloader deer hunting opportunities in WMUs 2B, 5C and 5D. 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 2009-2010 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 2009-2010 license year.

3.  Persons Affected

   Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2009-2010 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, 2009, to June 30, 2010.

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: 48-278. No fiscal impact; (8) recommends adoption.

   (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the text of § 139.4 which appears in 58 Pa. Code pages 139-3--139-14, serial pages (335309)--(335318) and (341021) and (341022) and replace it with the following text.)

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)
2009-2010 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 lawOct. 10Oct. 16612
Squirrels--(Combined species)Oct. 17Nov. 28 612
and
Dec. 14Dec. 23
and
Dec. 26Feb. 6, 2010
Ruffed Grouse Oct. 17 Nov. 2824
and
Dec. 14Dec. 23
and
Dec. 26 Jan. 23, 2010
Rabbits, Cottontail Oct. 24 Nov. 284 8
and
Dec. 14 Dec. 23
and
Dec. 26Feb. 6, 2010
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 5B Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law.Oct. 10Oct. 1724
Ring-necked Pheasant--Male or female combined in WMUs 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. 10Oct. 1724
Ring-necked Pheasant--Male only in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5BOct. 24Nov. 2824
Ring-necked Pheasant--Male or femaleOct. 24Nov. 2824
combined in WMUs 1A, 1B, 2D, 2E, 2F,and
2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C andDec. 14Dec. 23
5Dand
Dec. 26Feb. 6, 2010
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all WMUs except in WMUs 4A, 4B, 5A, 5B, 5C and 5D where the season is closed.Oct. 24Nov. 2848
Hares (Snowshoe Rabbits) or
Varying Hares
Dec. 26Jan. 1, 201012
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
   WMUs 1A, 1B and 2A
   (Shotgun, Bow and Arrow only)
Oct. 31Nov. 14
   WMU 2B
   (Shotgun, Bow and Arrow only)
Oct. 31Nov. 21
   WMUs
   2C, 2D, 2E, 4A and 4B
Oct. 31 Nov. 14
   WMUs
   2F, 2G, 3A, 3B, 3C, 3D, 4C, 4D and 4E
Oct. 31Nov. 21
   WMUs 5A and 5B Closed to fall turkey hunting
   WMUs 5C and 5D
   (Shotgun, Bow and Arrow only)
Oct. 31Nov. 4
Turkey (Spring Gobbler) Statewide1
   Bearded Bird only
May 1, 2010 May 31, 2010 12
Turkey (Spring Gobbler) Statewide
Youth Hunt1
   Bearded Bird only
Eligible Junior Hunters only with the required license and when properly accompanied.
April 24, 2010 April 24, 2010 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)
July 3 April 4, 2010 Unlimited
Starlings and English SparrowsNo closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey seasonUnlimited
FALCONRY
Squirrels--(Combined species) Sept. 1 Mar. 31, 20106 12
Quail Sept. 1 Mar. 31, 20104 8
Ruffed Grouse Sept. 1 Mar. 31, 201024
Cottontail Rabbits Sept. 1 Mar. 31, 20104 8
Snowshoe or Varying Hare Sept. 1 Mar. 31, 20101 2
Ring-necked Pheasant--Male and Female--(Combined) Sept. 1 Mar. 31, 201024
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species First DayLast Day Season Limit
Deer, Archery (Antlered and Antlerless)2Oct. 3Nov. 14 One antlered and
(Statewide)and an antlerless deer
Dec. 26Jan. 9, 2010with each required
antlerless license.
Deer, Archery (Antlerless)Sep. 19Oct. 2 An antlerless deer
WMUs 2B, 5C and 5Dand with each required
Nov. 16Nov. 28license.
and
Dec. 14 Dec. 23
Deer, Regular firearms (Antlered andNov. 30Dec. 12 One antlered, and
Anterless)2 an antlerless deer
WMUs 1A, 1B, 2A, 2B, 2C, 2E, 2F, 3A,with each required
3B, 3D, 4A, 4C, 4D, 4E, 5A, 5B, 5C, and 5D antlerless license.
Deer, Regular firearms (Antlered only)2 and 3Nov. 30Dec. 4 One antlered deer.
WMUs 2D, 2G, 3C, and 4B
Deer, Regular firearms (Antlered andDec. 5Dec. 12One antlered, and
Antlerless)2 and 3an anterless deer
WMUs 2D, 2G, 3C, and 4B 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,4 antlerless license.
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
Deer, Muzzleloading (Antlerless only) Oct. 17Oct. 24 An antlerless deer
(Statewide) with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2Dec. 26 Jan. 9, 2010 One antlered, or
(Statewide) one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2Dec. 26Jan. 23, 2010 An antlerless deer
WMUs 2B, 5C and 5D with each required antlerless license.
Deer, Extended Regular firearms (Antlerless) Dec. 14 Dec. 23 An antlerless deer
WMUs 2B, 5C and 5Dand with each required
Dec. 26Jan. 23, 2010 antlerless license.
Deer, Antlerless Hunting is permitted on days An antlerless deer
(Letterkenny Army Depot, Franklinestablished 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)

BLACK BEAR

Species First Day Last Day Daily Limit
Season Limit
Bear, any age (Archery only)5Nov. 18 Nov. 1911
WMUs 2C, 2D, 2E, 2F, 2G, 3A, 4A, 4B and 4D
Bear, any age (Statewide)5 Nov. 23Nov. 251 1
Bear, any age5Nov. 30Dec. 511
Portions of WMU 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.
Portions of WMUs 2G in Lycoming and Clinton Counties and 3B in Lycoming County that lie North of the West Branch of the Susquehanna River from the Rt. 405 Bridge, West to Rt. 15 at Williamsport, Rt. 15 to Rt. 220, and North of Rt. 220 to the Mill Hall exit, North of SR 2015 to Rt. 150; East of Rt. 150 to Lusk Run Road and South of Lusk Run Road to Rt. 120, Rt. 120 to Veterans Street Bridge to SR 1001; East of SR 1001 to Croak Hollow Road, South of Croak Hollow Road to Rt. 664 (at Swissdale), South of Rt. 664 to Little Plum Road (the intersection of SR 1003), South of SR 1003 to SR 1006, South of SR 1006 to Sulphur Run Road, South of Sulphur Run Road to Rt. 44, 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 age5Dec. 2Dec. 51 1
WMUs 4C, 4D, 4E, 5B and 5C
ELK
Species First Day Last Day Daily Limit
Season Limit
Elk, (Antlered and Antlerless)6 Nov. 2 Nov. 711
With each required license
FURTAKING--TRAPPING
Species First Day Last Day Daily Limit
Season Limit
Minks and Muskrats Nov. 21 Jan. 10, 2010Unlimited
(Statewide)
Beaver Dec. 26 Mar. 31, 2010
(Statewide)
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, Oct. 25 Feb. 21, 2010 Unlimited
Skunks, Weasels--(Statewide)
Coyotes and Foxes--(Statewide) Jan. 1 Feb. 21, 2010Unlimited
(Cable restraint devices may be used)
Bobcat7
WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,Oct. 25 Feb. 21, 201011
4A, 4D and 4E
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, Weasels8No closed season. These species may
(Statewide)not be hunted prior to noon during the spring gobbler turkey season.
Raccoons and Foxes--(Statewide)8 Oct. 24 Feb. 20, 2010 Unlimited
Bobcat7
WMUs 2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D, Oct. 24 Feb. 20, 201011
4A, 4D and 4E

No open seasons on other wild birds or wild mammals.

1Only 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.

2Only one antlered deer (buck) may be taken during the hunting license year.

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

4Includes 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).

5Only one bear may be taken during the hunting license year.

6Only one elk may be taken during the hunting license year.

7 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 antlerless deer season from 1/2 hour before sunrise to sunset.

8May not be taken during the regular antlered and antlerless deer season from 1/2 hour before sunrise to sunset.

[Pa.B. Doc. No. 09-569. Filed for public inspection March 27, 2009, 9:00 a.m.]



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