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PA Bulletin, Doc. No. 16-462

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[46 Pa.B. 1427]
[Saturday, March 19, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 2, 2016, meeting to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2016-2017 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 February 2, 2016, meeting of the Commission. Comments can be sent until April 1, 2016, 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 2016-2017 license year. The 2016-2017 seasons and bag limits have been amended to reflect currently 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.

 Proposed changes to small game seasons includes making youth and regular seasons for squirrels and rabbits concurrent to simplify regulations and to expand rabbit hunting opportunities and also making snowshoe hare season dates consistent Statewide to simplify regulations, facilitate species monitoring programs and reflect the fact that harvest mortality is not a major driver of population trends for this species.

 Proposed changes to wild turkey seasons include a reduction in the length of the fall season in four wildlife management units (WMU) that have exhibited declining trends in turkey population indices. Specifically, seasons would decrease from 2 weeks + 3 days to 1 week + 3 days in WMUs 1A and 2A, from 1 week + 3 days to 1 week in WMU 1B and from 3 weeks + 3 days to 2 weeks + 3 days in WMU 4C.

 Proposed changes to black bear seasons include the addition of a 4-day extended firearms season (concurrent with the Wednesday-Saturday of the first week of firearms deer season) in WMU 1B. This season is intended to prevent further expansion of bears into the western portion of this WMU where potential for bear-human conflicts is high.

 Proposed changes to furbearer seasons include an increase in the length of the fisher trapping season from the current 6 days to 12 days in the 13 WMUs with open fisher seasons.

 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 2016-2017 hunting/trapping license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2016-2017 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, 2016, to June 30, 2017.

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: 48-388. 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 proposing to replace the table which appears in 58 Pa. Code pages 139-3—139-15, serial pages (376905)—(376917) with the following table.)

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

2016-2017 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
Squirrels—(Combined species) Oct. 1 Oct. 15 6 18
 Eligible Junior Hunters only, with or without the required junior license
Squirrels—(Combined species) Oct. 15 Nov. 26 6 18
and
Dec. 12 Dec. 24
and
Dec. 26 Feb. 28, 2017
Ruffed Grouse Oct. 15 Nov. 26 2 6
and
Dec. 12 Dec. 24
and
Dec. 26 Jan. 21, 2017
Rabbits, Cottontail—Oct. 1 Oct. 15 4 12
 Eligible Junior Hunters only, with or without the required junior license
Rabbits, Cottontail Oct. 15 Nov. 26 4 12
and
Dec. 12 Dec. 24
and
Dec. 26 Feb. 28, 2017
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 Oct. 8 Oct. 15 2 6
 Eligible Junior Hunters only, with or without the required junior license
 WMUs 2A, 2C, 4C, 4E, 5A and 5B—Male only
 WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—Male or female
Ring-necked Pheasant Oct. 22 Nov. 26 2 6
and
 WMUs 2A, 2C, 4C, 4E, 5A and 5B—Male Dec. 12Dec. 24
 onlyand
 WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—Male or female Dec. 26Feb. 28, 2017
Bobwhite Quail—The hunting and taking Oct. 22 Nov. 26 4 12
 of bobwhite quail is permitted in all WMUs except in WMU 5A where the season is closed.
Hares (Snowshoe Rabbits) or Varying Hares Dec. 26 Dec. 31 1 3
Woodchucks (Groundhog) No closed season except during the Unlimited
regular firearms deer seasons. Hunting
on Sundays is prohibited.
Porcupines Sept. 1 Mar. 31, 2017 3 Season limit
10
SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Turkey, Fall—Male or Female 1 1
 WMU 2B Oct. 29 Nov. 18
 (Shotgun, Bow and Arrow only) and
Nov. 24 Nov. 26
 WMU 1B Oct. 29 Nov. 5
 WMUs 1A and 2A Oct. 29 Nov. 5
and
Nov. 24 Nov. 26
 WMUs 2D, 2E, 2F, 2G, 2H Oct. 29 Nov. 12
 3A, 3B, 3C, 3D, 4A, 4B, 4Cand
 and 4DNov. 24 Nov. 26
 WMUs 2C and 4EOct. 29Nov. 18
and
Nov. 24 Nov. 26
 WMU 5A Nov. 3 Nov. 5
 WMUs 5B, 5C and 5D Closed to fall turkey hunting
Turkey, Spring1 Apr. 22, 2017 Apr. 22, 20171 1
 Bearded Bird only,
 Eligible Junior Hunters only, with the  required junior license
Turkey, Spring1 1 2
 Bearded Bird only Apr. 29, 2017 May 13, 2017 May be hunted 1/2 hour before
sunrise to 12 noon
and
May 15, 2017 May 31, 2017 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 February 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
Limit
Field
Possession
Limit After
First Day
Crow July 1 Apr. 9, 2017 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

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
First Day
Squirrels—(Combined species)Sept. 1 Mar. 31, 2017 6 18
Quail Sept. 1 Mar. 31, 2017 4 12
Ruffed Grouse Sept. 1Mar. 31, 201726
Cottontail RabbitsSept. 1 Mar. 31, 2017 412
Snowshoe or Varying Hare Sept. 1 Mar. 31, 2017 13
Ring-necked Pheasant—MaleSept. 1 Mar. 31, 2017 26
 and Female—(Combined)
Migratory Game Birds—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

SpeciesFirst DayLast DaySeason
Limit
Deer, Archery (Antlered and Antlerless)2 Sept. 17 Nov. 26 One antlered deer, and
 With the required archery licenseand an antlerless deer
 WMUs 2B, 5C and 5D Dec. 26 Jan. 28, 2017 with each required
anterless license.
Deer, Archery (Antlered and Antlerless)2 Oct. 1 Nov. 12 One antlered deer, and
 With the required archery license and an antlerless deer
 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,Dec. 26 Jan. 14, 2017 with each required
 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, antlerless license.
 5A and 5B
Deer, Muzzleloading (Antlerless only) Oct. 15 Oct. 22 An antlerless deer
 With the required muzzleloading license with each required
antlerless license.
Deer, Special firearms (Antlerless only) Oct. 20 Oct. 22 An antlerless deer
 Only Junior and Senior License Holders,3 with each required
 Commission 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 United States Coast Guard
Deer, Regular firearms Nov. 28 Dec. 10 One antlered deer,
 (Antlered and Antlerless)2 and an antlerless deer
 WMUs 2B, 5A, 5B, 5C and 5D with each required antlerless license.
Deer, Regular firearms Nov. 28 Dec. 2 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. 3 Dec. 10 One antlered deer,
 (Antlered and Antlerless)2 and 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. 14, 2017 One antlered or one
 With the required muzzleloading license antlerless deer, plus
 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, an additional
 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,antlerless deer
 5A and 5B with each required antlerless license.
Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 28, 2017 One antlered or one
 With the required muzzleloading license anterless deer, plus
 WMUs 2B, 5C and 5Dan additional
anterless deer
with each required
antlerless license.
Deer, Extended Regular firearms (Antlerless) Dec. 26 Jan. 28, 2017 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 Season
Limit
Bear, Archery4 Sept. 17 Nov. 18 1
 WMUs 2B, 5C and 5D
Bear, Archery4 Oct. 1 Nov. 18 1
 WMU 5B
Bear, Archery4Nov. 14Nov. 181
 WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,
 2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E  and 5A
Bear, Muzzleloader4 Oct. 15 Oct. 22 1
 WMUs 2B, 5B, 5C and 5D
Bear, Special Firearms4 Oct. 20 Oct. 221
 Only Junior and Senior License Holders,3
 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
 anterless license
 WMUs 2B, 5B, 5C and 5D
Bear, Regular Firearms4 Nov. 19 Nov. 231
 (Statewide)
Bear, Extended Firearms4 Nov. 28 Dec. 31
 WMUs 3B, 3C and 3D
Bear, Extended Firearms4 Nov. 28 Dec. 10 1
 WMUs 2B, 5B, 5C and 5D
Bear, Extended Firearms4 Nov. 30 Dec. 31
 WMUs 1B, 2C, 4B, 4C, 4D and 4E

ELK

Species First Day Last Day Season
Limit
Elk, Special Conservation Tag5
 (Antlered and Anterless)
Sept. 1Nov. 51
Elk, Regular firearms5 Oct. 31 Nov. 5 1
 (Antlered and Antlerless)
Elk, Extended firearms5 Nov. 7 Nov. 12 1
 (Antlered and Antlerless)

FURTAKING—TRAPPING

SpeciesFirst DayLast DayDaily
Limit
Season Limit
Minks and Muskrats Nov. 19 Jan. 8, 2017 Unlimited
Beaver Dec. 26 Mar. 31, 2017
 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
Coyotes, Foxes, Opossums, Raccoons, Oct. 23 Feb. 19, 2017 Unlimited
 Skunks and Weasels
Coyotes and Foxes Dec. 26 Feb. 19, 2017 Unlimited
 Use of cable restraint devices authorized  with required certification
Bobcat, with required bobcat permit
 WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, Dec. 17 Jan. 8, 2017 1 1
 3C, 3D, 4A, 4C, 4D and 4E
Fisher, with required fisher permit Dec. 17 Dec. 28 1 1
 WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A,
 3C, 3D, 4D and 4E
River Otter, with required otter permitFeb. 20, 2017Feb. 22, 201711
 WMUs 3C and 3D(or until harvest quota is reached)

FURTAKING—HUNTING

SpeciesFirst DayLast DayDaily
Limit
Season Limit
Coyotes—(Outside of any big game season)May be taken with a hunting license or a furtaker's license. Unlimited
Coyote—(During any big game season) May be taken while lawfully hunting big game or with a furtaker's license.Unlimited
Opossums, Striped Skunks, Weasels No closed season.
Raccoons and Foxes Oct. 22 Feb. 18, 2017 Unlimited
Bobcat, with required bobcat permit
 WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, Jan. 14 Feb. 8, 2017 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 one spring gobbler. A maximum of two spring 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 residents and nonresident license holders 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 one bear may be taken during the hunting license year with the required bear license.

5 Only one elk may be taken during the hunting license year with the required elk license.

[Pa.B. Doc. No. 16-462. Filed for public inspection March 18, 2016, 9:00 a.m.]



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