§ 131.2. Definitions.

 In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:

   Act—Title 34 of the Pennsylvania Consolidated Statutes (relating to Game and Wildlife Code).

   Aggregate ammunition capacity—A firearm’s total cumulative ammunition capacity that includes the ammunition capacity of both the chamber and magazine.

   Air gun—A firearm operated by air or gas cylinder by which a projectile can be discharged or propelled.

   Antlered deer

     (i)   In Wildlife Management Units 1A, 1B, 2A, 2B and 2D, a deer having three or more points on one antler, not including brow tines which is the point immediately above the antler burr.

     (ii)   In all other wildlife management units, a deer having three or more points to one antler.

     (iii)   In all wildlife management units, junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length.

   Antlered elk—An elk having at least one spike visible above the hairline.

   Antlerless deer—A deer without antlers, or a deer with antlers both of which are less than 3 inches in length.

   Antlerless elk—An elk without antlers, or an elk with no spike visible above the hairline.

   Arrow—A projectile shot from a bow with an overall length exceeding the brace height of the bow with fletching designed only for guidance at the aft end and a broadhead mounted on the fore end. No electronic device may be a part of or attached to the arrow. No device, material or system capable of causing damage or injury to the animal in excess of that inflicted by the cutting edges of the broadhead may be a part of or attached to any arrow.

   Beekeeper’s agent—A person who accepts the responsibility of bees, hives and related equipment in the absence of the owner, and who is willing and able to reset disrupted hives, maintain fencing where present and report damage done by bears to the nearest available Commission officer as soon as practical, but, in any event, within 10 days of the damage. The agent shall be domiciled within 300 yards of the beehives.

   Bow—In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. The bowstring shall be drawn, held and released as a direct and conscious action of the shooter. Release shall be accomplished by either relaxing the tension of the fingers or triggering the release action of a manually held release aid.

   Broadhead—A fixed or mechanical tip affixed to the fore end of an arrow or bolt having sharpened cutting edges consisting of metal or naturally occurring stone.

   Closed season—Periods of the calendar year and hours during which it is unlawful to take game or wildlife.

   Commission—The Game Commission of the Commonwealth.

   Crossbow—A device consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism, has a mechanical safety and propels an arrow.

   Crossbow bolt—An arrow propelled by a crossbow.

   Decoy—For the purpose of section 2308(b)(6) of the act (relating to unlawful devices and methods), an artificial representation or facsimile of a bird or animal used to attract other birds or animals. The term does not include living birds or animals.

   Deputy Game Commission officer—A deputy wildlife conservation officer.

   Director—The Executive Director of the Commission.

   Driving—An act accomplished when one or more persons chase or flush, or attempt to chase or flush, wildlife towards or in the general direction of other persons, or when two or more persons travel in the same general direction to chase or flush, or attempt to chase or flush, wildlife into view.

   Early small game hunting season—A designated period when the only resident small game which may be hunted and taken are woodchucks, squirrels and grouse.

   Game Commission officer—A wildlife conservation officer.

   Import—To bring or have transported into this Commonwealth.

   Institutions of higher learning—Colleges and universities accredited by the Department of Education.

   Meat or animal products—For the purpose of section 2361(a)(13) of the act (relating to unlawful acts concerning taking of furbearers), meat or animal products include artificial representations or facsimiles.

   Muzzleloading firearm

     (i)   A firearm designed and manufactured to be loaded with loose ammunition components (projectile and propellant charge) from the muzzle or forward, open end of the firearm’s barrel.

     (ii)   The term includes breech-loading rifles and handguns that fire loose ammunition components comparable to a muzzleloading firearm.

     (iii)   The term does not authorize a firearm that accepts cartridge ammunition.

   Plugged shotgun—For the purpose of section 2308(a)(4) of the act, any shotgun containing a one-piece plug, stop or filler in the magazine to reduce ammunition capacity that is incapable of removal without disassembling the shotgun or magazine.

   Point—An antler projection at least 1 inch in length from base to tip. The main beam tip shall be counted a point regardless of length.

   Protected birds—See §  133.2 (relating to protected birds).

   Protected deer—A deer not defined as an antlered deer or an antlerless deer.

   Protected mammals—See §  133.1 (relating to protected mammals).

   Regular firearms deer season—The designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only.

   Regular small game hunting season—The designated period of time when resident small game species may be hunted and taken.

   Special firearms deer season—Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.

   Sustained yield—As used in section 546(b)(2) of the act (relating to limitation on expenditures for deterrent fencing), continuous and planned forest production through accepted forestry management practices.

   Venison—For the purpose of section 2312 of the act (relating to buying and selling game), any meat derived from a white-tailed deer.

Authority

   The provisions of this §  131.2 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102, 2722(g)(2) and 2901(b).

Source

   The provisions of this §  131.2 adopted February 7, 1975, effective February 8, 1975, 5 Pa.B. 249; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5129; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5314; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2971; amended May 27, 2011, effective May 28, 2011, 41 Pa.B. 2687; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5213; amended May 23, 2014, effective May 24, 2014, 44 Pa.B. 3091; amended May 12, 2017, effective May 13, 2017, 47 Pa.B. 2710. Immediately preceding text appears at serial pages (380996) and (371981) to (371982).

Cross References

   This section cited in 58 Pa. Code §  143.243 (relating to general); 58 Pa. Code §  147.121 (relating to definitions); 58 Pa. Code §  147.662 (relating to application); 58 Pa. Code §  147.722 (relating to definitions); and 58 Pa. Code §  147.804 (relating to general).



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