This chapter relates to the hunting and trapping of game and wildlife for the license year.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Daily limit—The maximum number permitted to be taken by one person in 1 day during the open season.

   Field possession limit—The maximum number of legally taken wildlife of a species which a person may legally possess or transport between the place of taking and the person’s permanent place of residence.

   Season limits—The maximum number of wildlife which may be taken during a designated open season or license year.

   The provisions of this §  139.2 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(1) and 2102(a) and (b)(1).

   The provisions of this §  139.2 adopted June 3, 1971, effective July 17, 1971, 1 Pa.B. 1542; amended October 9, 1972, effective October 28, 2 Pa.B. 2080; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2366; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791; corrected August 17, 2001, effective May 13, 2000, 31 Pa.B. 4536; amended August 17, 2001, effective August 18, 2001, Pa.B. 4536; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended June 20, 2003, effecitve June 21, 2003, 33 Pa.B. 2878; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3927; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2971; amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4615. Immediately preceding text appears at serial pages (320707) to (320708).

 (a)  Alteration of hunting seasons. If it is determined following review of wildlife surveys and inventory data, that certain wildlife species are available in sufficient number throughout this Commonwealth or in specific areas, or it is determined that inclement weather conditions or other factors resulted in an underharvest of certain species of wildlife, the Director has authority by order to:

   (1)  Extend hunting or trapping seasons set forth in this chapter.

   (2)  Designate specific areas where hunting and trapping seasons may be extended.

   (3)  Increase the bag limits for those species of wildlife listed in this chapter.

 (b)  Emergency authority of Director. The Director has emergency authority to remove protection on wildlife Statewide, or in a designated area and prohibit its possession alive and order the method of disposal, if he determines the spread of a disease poses a threat to human safety, farm animals, pets and wildlife within or adjacent to this Commonwealth.

 (c)  Removal of protection on wildlife.

   (1)  If the Director removes the protection on wildlife in designated areas, except for animals or their parts submitted for laboratory analysis, it is unlawful to:

     (i)   Remove the wildlife or their carcasses from the areas.

     (ii)   Possess the wildlife alive.

   (2)  Nothing in this subsection prevents removal of dried or cured skins of wildlife from the areas where the protection has been removed, if removal poses no threat to other areas of this Commonwealth.

 (d)  Restrictions. If it is determined due to drought, storm, cold, heat or other uncontrollable circumstances that a specific wildlife population is not at a sufficient level to permit the seasons or bag limits established, the Director may shorten seasons or further restrict bag limits until the conditions improve.

(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

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.

BEAR

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

APPENDIX A. [Reserved]

   The provisions of this §  139.4 issued and amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(1) and 2102(b)(1).

   The provisions of this §  139.4 adopted June 3, 1971, effective July 3, 1971, 1 Pa.B. 1473; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1915; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1396; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended October 30, 1987, effective October 31, 1987, 17 Pa.B. 4320; amended June 3, 1988, effective June 4, 1988, 18 Pa.B. 2530; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1842; amended May 25, 1990, effective July 1, 1990, 20 Pa.B. 2752; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended November 27, 1992, effective November 28, 1992, 22 Pa.B. 5685; amended May 28, 1993, effective July 1, 1993, 23 Pa.B. 2565; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2797; amended May 26, 1995, effective from July 1, 1995, to June 30, 1996, 25 Pa.B. 2072; amended October 27, 1995, effective from December 1995, to June 30, 1996, 25 Pa.B. 4614; amended September 6, 1996, effective July 1, 1996, to June 30, 1997, 26 Pa.B. 4339; amended May 16, 1997, effective May 17, 1997, 27 Pa.B. 2417; amended May 29, 1998, effective May 30, 1998, 28 Pa.B. 2504; amended October 30, 1998, effective October 31, 1998, 28 Pa.B. 5486; amended May 7, 1999, effective May 8, 1999, 29 Pa.B. 2454; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2366; amended June 1, 2001, effective July 1, 2001, to June 30, 2002, 31 Pa.B. 2793; amended July 12, 2002, effective July 13, 2002, and apply retroactively to July 1, 2002, 32 Pa.B. 3392; amended June 20, 2003, effective June 21, 2003, 33 Pa.B. 2872; amended July 16, 2004, effective July 17, 2004, and apply retroactively to July 1, 2004, 34 Pa.B. 3705; amended July 15, 2005, effective from July 1, 2005, to June 30, 2006, 35 Pa.B. 3928; amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3244; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2949; amended June 27, 2008, effective June 28, 2008, 38 Pa.B. 3491. Immediately preceding text appears at serial pages (328389) to (328401).

 (a)  The period to hunt on regulated hunting areas will be the first Monday in September through the last Saturday in April for both private and commercial areas. Sunday hunting is prohibited on commercial areas.

 (b)  Shooting hours are 1/2 hour before sunrise to sunset.

 (c)  Seasons for taking unmarked mallard ducks and other waterfowl on regulated hunting grounds will conform with established waterfowl seasons.

 (d)  This section may be amended to comply with further restrictions or modifications as established by the Director, the Commission or Federal authority fixing hunting hours and seasons.

   The provisions of this §  139.5 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  Opening day of season. It is unlawful for a person to possess or transport game or wildlife, in excess of the daily limit as set forth in §  139.4 (relating to seasons and bag limits for the license year).

 (b)  Following opening day of season. It is unlawful for a person to possess or transport game or wildlife, at or between the place where taken and his place of permanent residence, in excess of twice the daily limit, or the season limit, whichever applies, as set forth in §  139.4.

   The provisions of this §  139.6 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  The divisional line between two or more wildlife management units shall be the center of the highway, natural water course or other natural boundary.

 (b)  The outline map of Pennsylvania found in Appendix H sets forth wildlife management units.

   The provisions of this §  139.17 issued under the Game and Wildlife Code, 34 Pa.B. 322(c)(1) and (4) and 2102(a).

   The provisions of this §  139.17 adopted June 20, 2003, effective June 21, 2003, 33 Pa.B. 2878.