RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[47 Pa.B. 2603]
[Saturday, May 6, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, amended § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2017-2018 hunting/trapping license year.

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

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

 Notice of proposed rulemaking was published at 47 Pa.B. 1480 (March 11, 2017).

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 amends § 139.4 to provide updated seasons and bag limits for the 2017-2018 license year. The 2017-2018 seasons and bag limits are amended to reflect 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 management of the wildlife resources of this Commonwealth.

 Amendments to small game seasons include: eliminating the post-Christmas segment of the ruffed grouse season in an effort to improve adult survival in light of significant recent population declines; opening the Central Susquehanna Wild Pheasant Recovery Area to a youth-only pheasant hunting season; and opening wildlife management unit (WMU) 5A to put-and-take bobwhite quail hunting given the lack of wild quail in this area and the low likelihood of reintroduction efforts in this WMU in the near future—closures can be enacted at this WMU or smaller scales as needed if and when restoration activities occur.

 Amendments to wild turkey seasons include opening a conservative, midweek fall season in WMU 5B while reducing fall season length in three WMUs 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 4A and 4B, and from 3 weeks + 3 days to 2 weeks + 3 days in WMU 4E.

 Amendments to white-tailed deer seasons include adjusting WMUs 5A and 5B from a concurrent antlered/antlerless white-tailed deer season to a split antlered/antlerless white-tailed deer season. While not a seasons and bag limits issue per se, it should be noted that the use of large Deer Management Assistance Program areas surrounding locations of Chronic Wasting Disease-positive deer is being recommended instead of Disease Management Area permits to provide a simpler mechanism for hunters to reduce deer populations around known disease hotspots.

 Amendments to black bear seasons include an earlier and 1-day longer Statewide archery season, concurrent with the Monday through Saturday of the next to last week of the Statewide archery deer season. This amendment addresses requests from staff and constituents and would likely provide for a moderate increase in overall bear harvest.

 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 adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 139.4 to provide updated seasons and bag limits for the 2017-2018 hunting/trapping license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2017-2018 hunting/trapping license year will be affected by this final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of 68 official comments concerning the final-form rulemaking. The comments received concerned the following subtopics:

 Deer seasons. A total of 42 comments were received concerning this subtopic: 7 supported and 2 opposed split antlered/antlerless seasons generally; 2 supported split antlered/antlerless seasons in special regulation areas; 1 supported split antlered/antlerless seasons in WMU 5B; 6 opposed split antlered/antlerless seasons in WMUs 5A and 5B; 4 supported concurrent antlered/antlerless seasons generally; 1 supported concurrent antlered/antlerless seasons in WMU 2F; 1 supported concurrent antlered/antlerless seasons in WMU 3D; 3 supported concurrent antlered/antlerless seasons in WMU 5A; 3 supported a 3-day antlerless only season; 3 supported closing antlerless deer seasons on State game lands with few deer; 1 supported closing antlerless deer seasons on in the northern portion of this Commonwealth; 1 supported extending archery deer season until the Statewide regular firearms deer season begins; 2 supported continuing archery deer season though the rut; 1 supported a longer archery deer season that starts sooner; 1 supported extending late archery deer season and flintlock muzzleloading deer season through the Martin Luther King, Jr. holiday; 1 supported moving the early muzzleloading deer season up 2 weeks; and 2 supported the early muzzleloading deer season generally.

 Bear seasons. A total of 13 comments were received concerning this subtopic: 4 supported proposed archery bear season generally; 1 supported concurrent archery bear and archery deer seasons; 1 supported an archery bear season during the last 2 weeks of archery deer season; 1 supported an archery bear season during the last week of archery deer season; 1 opposed concurrent archery bear and archery deer seasons; 1 supported extending the regular firearms bear season in WMU 4E to include the Monday and Tuesday of the regular firearms deer season; 2 supported a longer regular firearms bear season; 1 opposed the overlap of archery bear season and fall turkey season; and 1 supported extending the regular firearms bear season in WMU 3A.

 Turkey seasons. A total of 11 comments were received concerning this subtopic: 3 supported the fall turkey season in WMU 5B; 1 supported a 2-week fall turkey season in WMU 2A; 1 opposed the absence of changes to WMU 2G; 2 opposed a reduction in the length of fall turkey season in WMU 4A; 1 supported a 1-week fall turkey season in WMU 4B; 1 supported advancing fall turkey season up 2 weeks; and 1 supported continuing fall turkey season 1 week past the closure of archery deer season.

 Small game seasons. A total of two comments were received concerning this subtopic and both supported opening squirrel season on September 1st.

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 This final-form rulemaking will be effective July 1, 2017, to June 30, 2018.

7. Contact Person

 For further information regarding this final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§  1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.

Order

 The Commission, acting under the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending § 139.4 to read as set forth in Annex A.

 (b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order will be effective July 1, 2017, to June 30, 2018.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-405 remains valid for the final adoption of the subject regulation.

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.

2017-2018 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
Squirrel—(Combined species)  Eligible Junior Hunters only, with  or without the required junior license	Sept. 30		Oct. 14	6	18
Squirrel—(Combined species)	Oct. 14		Nov. 25	6	18
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 28, 2018
Ruffed Grouse	Oct. 14		Nov. 25	2	6
		and
	Dec. 11		Dec. 23
Rabbit, Cottontail—Eligible Junior  Hunters only, with or without the  required junior license	Sept. 30		Oct. 14	4	12
Rabbit, Cottontail	Oct. 14		Nov. 25	4	12
		and
	Dec. 11		Dec. 23
		and
	Dec. 26		Feb. 28, 2018
Ring-necked Pheasant—There is no  open season for the taking of pheasants  in the Somerset, Hegins-Gratz or  Franklin County Wild Pheasant  Recovery Areas.
Ring-necked Pheasant  Eligible Junior Hunters only, with or  without the required junior license	Oct. 7		Oct. 14	2	6
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
Central Susquehanna Wild Pheasant  Recovery Area—Male only	As authorized by the Executive Order.
Ring-necked Pheasant	Oct. 21		Nov. 25	2	6
		and
WMUs 2A, 2C, 4C, 4E, 5A and 5B—	Dec. 11		Dec. 23
Male only		and
	Dec. 26		Feb. 28, 2018
WMUs 1A, 1B, 2B, 2D, 2E, 2F, 2G, 2H,  3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C and 5D—  Male or female
Bobwhite Quail	Oct. 14		Feb. 28	8	24
Hare (Snowshoe Rabbits) or Varying Hare	Dec. 26		Jan. 1, 2018	1	3
Woodchuck (Groundhog)	No closed season except during the regular firearms deer season(s). Hunting on Sundays is prohibited.			Unlimited

Species	First Day		Last Day	Daily Limit	Season Limit
Turkey, Fall—Male or Female				1	1
WMU 2B	Oct. 28		Nov. 17
(Shotgun, Bow and Arrow only)		and
	Nov. 23		Nov. 25
WMU 1B	Oct. 28		Nov. 4
WMUs 1A, 2A, 4A and 4B	Oct. 28		Nov. 4
		and
	Nov. 23		Nov. 25
WMUs 2D, 2E, 2F, 2G, 2H, 3A, 3B, 3C,	Oct. 28		Nov. 11
3D, 4C, 4D and 4E		and
	Nov. 23		Nov. 25
WMU 2C	Oct. 28		Nov. 17
		and
	Nov. 23		Nov. 25
WMU 5A	Nov. 2		Nov. 4
WMU 5B	Oct. 31		Nov. 2
WMUs 5C and 5D	Closed to fall turkey hunting.
Turkey, Spring1  Bearded Bird only,  Eligible Junior Hunters only with the  required junior license	Apr. 21, 2018		Apr. 21, 2018	1	1
Turkey, Spring1  Bearded Bird only				1	2
	Apr. 28, 2018		May 12, 2018	May be hunted 1/2 hour before sunrise to 12 noon
		and
	May 14, 2018		May 31, 2018	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.

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Crow  (Hunting permitted on Friday, Saturday  and Sunday only)	July 1		Apr. 8, 2018	Unlimited
Starling and English Sparrow	No closed season except during the regular firearms deer seasons.			Unlimited

FALCONRY

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Squirrel—(Combined species)	Sept. 1		Mar. 31, 2018	6	18
Quail	Sept. 1		Mar. 31, 2018	4	12
Ruffed Grouse	Sept. 1		Mar. 31, 2018	2	6
Cottontail Rabbits	Sept. 1		Mar. 31, 2018	4	12
Snowshoe or Varying Hare	Sept. 1		Mar. 31, 2018	1	3
Ring-necked Pheasant—Male and  Female—(Combined)	Sept. 1		Mar. 31, 2018	2	6
Migratory Game Bird—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

Species	First Day		Last Day	Season Limit

Deer, Archery (Antlered and Antlerless)2	Sept. 16		Nov. 25	One antlered deer, and
With the required archery license		and		an antlerless deer
WMUs 2B, 5C and 5D	Dec. 26		Jan. 27, 2018	with each required
				antlerless license.
Deer, Archery (Antlered and Antlerless)2	Sept. 30		Nov. 11	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. 13, 2018	with each required
2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E,				antlerless license.
5A and 5B
Deer, Muzzleloading (Antlerless only)	Oct. 14		Oct. 21	An antlerless deer
With the required muzzleloading license				with each required antlerless license.
Deer, Special firearms (Antlerless only)	Oct. 19		Oct. 21	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. 27		Dec. 9	One antlered deer,
(Antlered and Antlerless)2				and an antlerless deer
WMUs 2B, 5C and 5D				with each required antlerless license.
Deer, Regular firearms	Nov. 27		Dec. 1	One antlered deer.
(Antlered only)2
WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G, 2H,
3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E, 5A and 5B
Deer, Regular firearms	Dec. 2		Dec. 9	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, 4E, 5A and 5B				antlerless license.
Deer, Flintlock (Antlered or Antlerless)2	Dec. 26		Jan. 13, 2018	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. 27, 2018	One antlered or one
With the required muzzleloading license				antlerless deer, plus
WMUs 2B, 5C and 5D				an additional antlerless deer with each required antlerless license.
Deer, Extended Regular firearms (Antlerless)	Dec. 26		Jan. 27, 2018	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  WMUs 2B, 5C and 5D	Sept. 16		Nov. 25		1
Bear, Archery4  WMU 5B	Sept. 30		Nov. 11		1
Bear, Archery4  WMUs 1A, 1B, 2A, 2C, 2D, 2E, 2F, 2G,  2H, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E  and 5A	Oct. 30		Nov. 4		1
Bear, Muzzleloader4  WMUs 2B, 5B, 5C and 5D	Oct. 14		Oct. 21		1
Bear, Special firearms4  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  bear license  WMUs 2B, 5B, 5C and 5D	Oct. 19		Oct. 21		1
Bear, Regular Firearms4  (Statewide)	Nov. 18		Nov. 22		1
Bear, Extended firearms4  WMUs 3B, 3C and 3D	Nov. 27		Dec. 2		1
Bear, Extended firearms4  WMUs 2B, 5B, 5C and 5D	Nov. 27		Dec. 9		1
Bear, Extended firearms4  WMUs 1B, 2C, 3A, 4B, 4C, 4D and 4E	Nov. 29		Dec. 2		1

ELK

Species	First Day		Last Day		Season Limit
Elk, Special Conservation Tag5  and Special-License Tag5  (Antlered and Antlerless)	Sept. 1		Nov. 4		1
Elk, Regular5  (Antlered and Antlerless)	Oct. 30		Nov. 4		1
Elk, Extended5  (Antlered and Antlerless)	Nov. 6		Nov. 11		1

FURTAKING—TRAPPING

Species	First Day		Last Day	Daily Limit	Season Limit
Mink and Muskrat	Nov. 18		Jan. 7, 2018	Unlimited
Beaver	Dec. 26		Mar. 31, 2018
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
Coyote, Fox, Opossum, Raccoon, Striped  Skunk and Weasel	Oct. 22		Feb. 18, 2018	Unlimited
Coyote and Fox  Use of cable restraint devices authorized  with required certification	Dec. 26		Feb. 18, 2018	Unlimited
Bobcat, with required bobcat permit  WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B, 3C,  3D, 4A, 4C, 4D and 4E	Dec. 16		Jan. 7, 2018	1	1
Fisher, with required fisher permit  WMUs 1B, 2C, 2D, 2E, 2F, 2G, 2H, 3A, 3B,  3C, 3D, 4D and 4E	Dec. 16		Dec. 27	1	1
River Otter, with required otter permit  WMUs 3C and 3D	Feb. 17, 2018		Feb. 24, 2018	1	1

FURTAKING—HUNTING

Species	First Day		Last Day	Daily Limit	Season Limit
Coyote—(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
Opossum, Striped Skunk, Weasel	No closed season.
Raccoon and Fox	Oct. 21		Feb. 17, 2018	Unlimited
Bobcat, with required bobcat permit  WMUs 2A, 2C, 2E, 2F, 2G, 2H, 3A, 3B,  3C, 3D, 4A, 4C, 4D and 4E	Jan. 13, 2018		Feb. 7, 2018	1	1
Porcupine	Sept. 1		Mar. 31, 2018	3	10
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. 17-762. Filed for public inspection May 5, 2017, 9:00 a.m.]

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