Subchapter B. SMALL GAME


Sec.


141.21.    [Reserved].
141.22.    Small game.
141.23.    Nontoxic shot.
141.24.    Release and retrap quail for dog training purposes.
141.25.    [Reserved].
141.26.    [Reserved].
141.27.    [Reserved].
141.28.    Wild Pheasant recovery areas.

§ 141.21. [Reserved].


Source

   The provisions of this §  141.21 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; reserved June 20, 2003, effective June 21, 2003, 33 Pa.B. 2878. Immediately preceding text appears at serial page (294117).

§ 141.22. Small game.

 (a)  Unlawful acts. It is unlawful to:

   (1)  Take small game, protected mammals or protected birds using shot larger than #4 lead, #4 Bismuth/tin or #2 steel.

   (2)  Possess a firearm while hunting with a raptor.

   (3)  Use or possess single projectile ammunition or use or possess single projectile ammunition designed for use in a firearm while hunting small game during the muzzleloading firearms deer or bear season, except for a rimfire rifle or handgun .22 caliber or less. This exception does not apply to the Southeast Special Regulations Area. See §  141.1(b)(2) (relating to special regulations areas).

   (4)  Hunt in a party of more than six persons. This does not apply to waterfowl or dove hunters when hunting from a blind or other stationary positions.

   (5)  Unless otherwise provided in the act or this title, hunt or take small game with anything other than a shotgun with fine shot, muzzleloading rifle or handgun .40 caliber or less, rifle or handgun less than .23 caliber, or bow and arrow with or without broadheads. The caliber restrictions do not apply to rifles or handguns while hunting woodchuck.

   (6)  Discharge a firearm within 150 yards of a Commission vehicle releasing pheasants.

 (b)  Definition. For the purpose of enforcing section 2308(a)(4) of the act (relating to unlawful devices and methods), the term ‘‘plugged’’ means a magazine shotgun which is plugged with a one-piece filler, incapable of removal without disassembling the shotgun or magazine.

 (c)  Permitted acts. Woodchucks may be trapped by properly licensed furtakers with permission of the person in charge of the land from February 1 through September 30 and during the general furbearer trapping season. For the purposes of this subsection, a person means a person as defined in section 2121(c) of the act (relating to definition). Traps and methods shall comply with section 2361 of the act (relating to unlawful acts concerning taking of furbearers) except that traps shall be set within 5 feet of any woodchuck hole or den.

Authority

   The provisions of this §  141.22 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(5) and (6), 2102(a), (b)(1), and (d), 2505(a) and 2524.

Source

   The provisions of this §  141.22 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1842; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended March 27, 1992, effective July 1, 1992, 22 Pa.B. 1427; amended August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197; amended November 4, 1994, effective November 5, 1994, 24 Pa.B. 5561; amended August 1, 1997, effective August 2, 1997, 27 Pa.B. 3788; corrected November 21, 1997, effective October 4, 1997, 27 Pa.B. 6092; amended November 21, 1997, effective November 22, 1997, 27 Pa.B. 6093; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5889; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2751; amended April 30, 2004, effective July 1, 2004, 34 Pa.B. 2328; amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2825; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3711; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6537; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2975. Immediately preceding text appears at serial pages (316099) to (316100).

§ 141.23. Nontoxic shot.

 It is unlawful to hunt for or take migratory waterfowl in this Commonwealth while possessing or using lead shot or shotshells loaded with shot of a composition or alloy and of a cartridge length not approved by the Director of the United States Fish and Wildlife Service or an authorized representative under 50 CFR 20.134 (relating to nontoxic shot). It is unlawful to hunt for or take migratory waterfowl in this Commonwealth using nontoxic shot larger than Size ‘‘T.’’

Source

   The provisions of this §  141.23 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1842; amended November 4, 1994, effective November 5, 1994, 24 Pa.B. 5561; amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339. Immediately preceding text appears at serial pages (202785) to (202786).

§ 141.24. Release and retrap quail for dog training purposes.

 A person may release domestic bobwhite quail for dog training purposes and retrap them during the regular dog training season, or at any time upon special dog training areas, if the birds are tagged prior to release with tags furnished by the Commission. A trap shall be marked with the name and address of the owner. Quail possessed for this purpose shall be tagged as required. It is the responsibility of the person manning the trap to immediately release untagged quail or other game or wildlife trapped.

Source

   The provisions of this §  141.24 adopted December 11, 1987, effective December 12, 1987, 17 Pa.B. 5129.

§ 141.25. [Reserved].


Source

   The provisions of this §  141.25 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3897; amended May 28, 1993, effective July 1, 1993, 23 Pa.B. 2565; amended March 25, 1994, effective from January 20, 1994, to June 30, 1994; amended August 19, 1994, effective from July 1, 1994, to June 30, 1995, 24 Pa.B. 4197; amended May 26, 1995, effective from July 1, 1995, to June 30, 1996, 25 Pa.B. 2072; amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5440; amended January 17, 1997, effective retroactively to January 15, 1997, 27 Pa.B. 313; corrected January 31, 1997, effective retroactively to January 15, 1997, 27 Pa.B. 13; corrected November 21, 1997, effective October 4, 1997, 27 Pa.B. 6092; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4250; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2749; reserved June 16, 2006, effective June 17, 2006, 36 Pa.B. 2973. Immediately preceding text appears at serial pages (316101) and (297355).

§ 141.26. [Reserved].


Source

   The provisions of this §  141.26 adopted September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339; amended May 29, 1998, effective May 30, 1998, 28 Pa.B. 2504; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3886; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4250; reserved June 16, 2006, effective June 17, 2006, 36 Pa.B. 2973. Immediately preceding text appears at serial pages (297355) to (297356).

§ 141.27. [Reserved].


Source

   The provisions of this §  141.27 adopted September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339; reserved June 16, 2006, effective June 17, 2006, 36 Pa.B. 2973. Immediately preceding text appears at serial page (297356).

§ 141.28. Wild pheasant recovery areas.

 (a)  Definition. For the purpose of this section, the phrase ‘‘wild pheasant recovery area’’ (WPRA) includes and is limited to the following geographic locations.

   (1)  Pike Run WPRA. The portion of Washington County, WMU 2A, bounded on the east by the Monongahela River, on the north by I-70, on the west by PA Rt. 917 to Swagler Rd. to Spring Valley Rd. to PA Rt. 2015 to Lone Pine Rd. to the intersection with Tenmile Creek in West Zollarsville, and bounded on the south by Tenmile Creek.

   (2)  Somerset WPRA. That portion of Somerset County, WMU 2C, bounded on the western side starting at the intersection of Coleman Station Rd. and Stutzmantown Rd. proceeding south on Coleman Station Rd., crossing SR 31, to Brotherton Rd., continuing south to Round Hill Rd., then east onto Wills Church Rd., then to Archery Rd. The boundary then follows Berlin Plank Rd. (US Rt. 219) south into the town of Berlin where it joins the Mason Dixon Hwy. (US Rt. 219) proceeding south to Pine Hill Rd. to Walker School Rd. then east on Maple Valley Rd., to Sawmill Rd. to the Cumberland Hwy. (SR 160). The boundary then follows the Cumberland Hwy. (SR 160) south to Salco Rd. and then proceeds north on Salco Rd. to Huckleberry Hwy. (SR 160) in the town of Berlin. The boundary follows Huckleberry Hwy. (SR 160) north, crossing SR 31, to the intersection of Roxbury Rd., then north to Shanksville Rd. The boundary then proceeds north to Stutzmantown Rd., then west to the beginning at the intersection of Coleman Station Rd.

   (3)  Central Susquehanna WPRA. Portions of WMU 4E in Northumberland, Montour, Columbia and Lycoming counties from the West Branch of the Susquehanna River south to the intersection with PA Rt. 642 and the West Branch of the Susquehanna River in Milton. The southern boundary is defined by PA Rt. 642 east from Milton to Mausdale, then north on PA Rt. 642 to just south of Jerseytown, proceeding east on Eyersgrove Rd. to Eyers Grove at PA Rt. 42. Proceeding south on PA Rt. 42 to Mordansville, northeast of Mordansville along Robbins Rd. (Rt. 600) to Mordansville Rd. (Rt. 541), south on Millertown Rd. (Rt. 4011), then continuing east to follow Mount Pleasant Rd. (Rt. 4020) and Mount Pleasant St. (PA Rt. 4034) to Orangeville at the southeast corner of the WPRA. PA Rt. 487 lines the eastern boundary from Orangeville north to Maple Grove/intersection with PA Rt. 254. The northern boundary begins with PA Rt. 254 west of Maple Grove to the intersection with Winters Rd. (Rt. 459) proceeding west to the intersection with Austin Trail (PA Rt. 4039). Continuing west on Owl Rd. (Rt. 599), north and west on Reese Rd. (Rt. 578), and north and west on Trivelpiece Rd. (Rt. 576). Eagle Rd. (PA Rt. 4037) then continues northwest to the intersection with Whitehorse Rd./Whitehorse Pike (Rt. 661) heading west to just south of Sereno, and then south on PA Rt. 42 to Millville. From Millville, proceeding southwest on PA Rt. 254 to Jerseytown. Then northwest on PA Rt. 44, north on Swartz Rd., west on Shultz Rd., north on Ants Hill Rd., west on Wolf Hollow Rd., then north on Katy’s Church Rd. Crossing into Lycoming County and proceeding northwest on G Wagner Rd., west on Ridge Rd., crossing into Montour County, southwest on County Line Rd., south on Muncy Exchange Rd. (PA Rt. 1003), west on Hickory Rd. (PA Rt. 1008), west on Mingle Rd. (Rt. 433), west on Hickory Rd. (PA Rt. 1008) for the second time, and proceeding north on Gearhart Hollow Rd. (Rt. 441). Continuing west on Showers Rd. (PA Rt. 1010), crossing into Northumberland County, proceeding north and west on Pugmore Lane, north on Hockley Hill Rd. (PA Rt. 1011), west on Miller Rd. (Rt. 653), continuing southwest on Balliet Rd. (Rt. 664). Proceeding northwest and west on Schmidt Rd. (Rt. 564). continuing north on Susquehanna Trail (PA Rt. 1007), continuing west on Hughes Rd. (Rt. 655), crossing under I-180, proceeding south on Crawford Rd. (Rt. 507) to PA Rt. 54. Proceeding northwest on PA Rt. 54 to the West Branch of the Susquehanna River.

 (b)  Prohibitions. It is unlawful to:

   (1)  Release artificially propagated pheasants any time within any area designated as a wild pheasant recovery area.

   (2)  Train dogs in any manner from the end of small game season through July 31 within any area designated as a wild pheasant recovery area.

Authority

   The provisions of this §  141.28 adopted under 34 Pa.C.S. § §  322 and 2102(c).

Source

   The provisions of this §  141.28 adopted June 5, 2009, effective June 6, 2009, 39 Pa.B. 2798.



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