Vote scheduled to ban all hiking in PA. Game Lands for 130 DAYS per year

[happyslug]

5. Here is the actual PROPOSED Regulation

Last edited Mon Mar 23, 2015, 09:52 PM - Edit history (2)

You must understand the proposed change is a change to the existing regulation set forth in the PA Code:

http://www.pacode.com/secure/data/058/chapter135/subchapCtoc.html

Game Commission Mapping Center, where you can download a state wide map of Game lands AND individual maps of each game land.

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=1528109&mode=2

Proposed rule:

BUREAU OF WILDLIFE HABITAT MANAGEMENT
PROPOSED RULE MAKING

A. Amend 58 Pa. Code §§ 135.41 and create Chapter 147, Subchapter AA.

Commentary: At the Board of Commissioners meeting conducted on June 10, 2014, the Bureau of Wildlife Habitat Management was directed to study the feasibility of the Game Commission enacting a permit requirement for all game lands secondary users who are not currently in possession of a valid hunting or furtaking license. At the Commissioner’s Working Group Meeting on August 11, 2014, a briefing and recommendation was presented by the Bureau of Wildlife Habitat Management to require the permit for those individuals that were utilizing designated trails on State Game Lands for the purpose of bicycling, horseback riding and snowmobiling. At the Commission Meeting on September 23, the proposed rulemaking was tabled to allow for additional input from Commission Staff. Based on those staff discussions and the public comments received and in order to manage the game lands for its intended uses, the following proposed rulemaking is being offered for Board consideration. This proposal allows the agency to disseminate information to the secondary users of game lands that do not purchase a hunting or furtaking license (and therefore do not receive the annual hunting and trapping digest) and to collect information from these individuals to further protect and enhance the primary purposes of hunting, trapping, and wildlife management on game lands.

CHAPTER 135. LANDS AND BUILDINGS

Subchapter C. STATE GAME LANDS

§ 135.41. State game lands.
* * * * *

(c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * *

(5) [Ride] Hike on foot or ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and [before 1p.m.] from the second Saturday in April through [the last Saturday in May] Memorial Day inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.
* * * * *

(23) Ride on designated bike trails, snowmobile trails or horse trails or hike on foot on any lands or waters designated as State game lands, unless the person is in possession of a valid hunting or furtaker license or a valid SGL permit signed by its holder. This provision shall not be construed to apply to:

(i) Persons 15 years of age or younger or up to one person accompanying another person in possession of a valid Pennsylvania hunting or furtaking license or a Commission-issued trail permit.

(ii) Persons using the Appalachian Trail, Laurel Highlands Trail, Horse-Shoe Trail, rails-to-trails or other trails on State game lands under current written agreement or other formal legal authorization permitting such use.

CHAPTER 147. SPECIAL PERMITS

Subchapter AA. STATE GAME LANDS TRAIL PERMIT

§ 147.1021. Purpose and scope.

This subchapter provides for trail permits to be issued to eligible persons to authorize their holders to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.

§ 147.1022. Eligibility and application.

(a) Trail permits will only be issued to persons 16 years of age or older who do not possess a valid Pennsylvania hunting or furtaker license.
(b) Applications for trail permits issued under this subchapter shall be made on a form provided by the Commission.
(c) Applications must include the name and contact information of the permit applicant.
(d) There is no fee for a trail permit.

§ 147.1023. Trail permit.

(a) A trail permit issued under this subchapter authorizes the permittee to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.

(b) Permittees shall utilize designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands in a manner consistent with applicable requirements, conditions and restrictions provided for in the act and §§ 135.2 and 135.41 (relating to unlawful actions and State game lands).

§ 147.687. Sunset clause.

The provisions of this subchapter shall become effective July 1, 2015 and shall expire and be rendered void on June 30, 2018, unless the Commission further authorizes their legal effectiveness prior to this termination date.

https://mlsvc01-prod.s3.amazonaws.com/c6564ef3201/4b10e37f-b0d5-42b8-8c31-9eb88d442140.pdf

Notice there is two parts, one is banning biking or hiking on state game lands during hunting season AND the second is for a no fee permit to hike the rest of the year.

Lets address the hiking during hunting seasons first. How is the ban to be enforced? I suspect it is an effort to get hikers to buy a hunting license. Such a hunting license will carry with it a PRESUMPTION that you are hunting. See what is in season and carry with you a weapon usable and maybe a couple of rounds, thus you are "hunting". Remember there is no CLOSED season for Coyotes (Except for "Big Game, defined as der, elk, bear and Turkey), and a light weight 30-30 can take any Coyote, From the Game Commission website:

COYOTES: No closed season. Unlimited. Outside of any big game season (deer, bear, elk and turkey), coyotes may be taken with a hunting license or a furtaker license, and without wearing orange. During any big game season, coyotes may be taken while lawfully hunting big game or with a furtaker license.

Coyotes is a HUGE exception to the general ban on hunting during deer season, while during the fall and spring you can NOT "hunt" for coyotes, you can shoot them if you run across than while hunting deer, elk, bear or turkey.

A hiker can claim he was hunting Starlings or groundhog, NO closed season for either EXCEPT Antlered and Antlerless Deer Season AND both can be taken by a 22, a much lighter weapon to haul around. As can porcupines whose season is from September 1 to March 31s

STARLINGS AND ENGLISH SPARROWS: No closed season, except during the antlered and antlerless deer season. No limit.

WOODCHUCKS (GROUNDHOGS): No closed season, except on Sundays and during the regular firearms deer seasons. No limit.

PORCUPINES: Sept. 1-March 31, except during overlap with the regular firearms deer season. Daily limit of three, season limit of 10.

The rest of the "Small Game" have various dates which varies depending on which "Wildlife Management Unit or WMU" you want to go to the Game Lands are in, for details see the actual hunting season:

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=576240&mode=2

Now, that leave deer, bear, elk and turkey seasons. The Regular Deer Season is the most important for during it you CAN ONLY LEGALLY HUNT DEER. The hunting season for starling includes the term "except during the antlered and antlerless deer season", while the above rules for Woodchucks and porcupine use the terms "Regular Firearm deer season". I believe the difference in terminology is historical not real i.e. the term "antlered and antlerless deer season" has replaced what use to be called the "Regular Firearm deer season" thus no real difference. The "Regular Firearm Deer season" is as follows (Deer season starts on the Monday AFTER Thanksgiving):

DEER (Antlered and Antlerless) WMUs 1A, 1B, 2B, 3A, 3D, 5A, 5B, 5C and 5D: Dec. 1-13. One antlered deer per hunting license year. An antlerless deer with each required antlerless license.

DEER (Antlered Only) WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C, 4A, 4B, 4C, 4D and 4E: Dec. 1-5. One antlered deer per hunting license year. (Holders of valid DMAP antlerless deer permits may harvest antlerless deer on DMAP properties during this period.)

DEER (Antlered and Antlerless) WMUs 2A, 2C, 2D, 2E, 2F, 2G, 2H, 3B, 3C, 4A, 4B, 4C, 4D and 4E: Dec. 6-13. One antlered deer per hunting license year. An antlerless deer with each required antlerless license.

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=619923&mode=2

And remember the rule as to if you get a deer, that does NOT prohibit you from participating in a "hunt" you just can NOT carry a weapon. This is because most hunting is a group activity and you still participate even after you get your deer.

As to the ban during the Spring, that is during spring gobbler season, another time where the regular hunting license can show you are "Hunting":

SPRING GOBBLER (Bearded bird only): May 2-30, 2015. Daily limit 1, season limit 2. (Second spring gobbler may be only taken by persons who possess a valid special wild turkey license.) From May 2-16, legal hunting hours are one-half hour before sunrise until noon; from May 18-30, legal hunting hours are one-half hour before sunrise until one-half hour after sunset.

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=576240&mode=2

Once you understand the Hunting Rules as they have been for the last 100 or so years (and the recent changes over the last 20-50 years as knowledge of game habits increased) you come to the conclusion that the while purpose of this rule is to get people to buy hunting licenses. You have a license, you are "Hunting", a weapon would be nice, but NOT necessary. If you go any time except the two weeks after Thanksgiving, say you are hunting woodchucks, coyotes and starlings. You do NOT actual have to shoot at any, but if you have a hunting license you would still be legal. A light weight 22 is all you would need to carry to show you are "Hunting" (if you decide NOT to run the risk of saying you are "Scouting" for game instead and that is why you have no weapon on you). A knowledge of what is in reason would help, but that is given to you when you get your license. If you have NEVER hunted, you have to attend a free hunting education class, but it is a short one day class that teaches people how to be safe while hunting.

My point is the part of banning people from State Game Lands is easily bypassed at a nominal cost of $20.70 (Through NON resident hunting license is $101.70, which I consider to high just for the right to walk on state game lands). Hunting fees for 2014-2015 season:

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=596047&mode=2

I suspect the whole purpose of the ban on hikers during hunting season has more to do with increasing revenue then any attempt to actual ban hikers. Thus by saying State Game Lands are restricted to "Hunters" and having the legal presumption that anyone with a hunting license is a hunter, you increase the number of people obtaining licenses and thus revenues to the Game Commission.

Remember this regulation only applies to Game Commission OWNED lands, not lands owned by private people, local governments, the Federal Government (including Allegheny National Forest), state Forest lands and state parks (and any land owned by the Fish Commission). If you live by a State Game lands and use it once or twice a year, the $20,70 may sound excessive, but if you use them once a month that comes to less the $2 a use, not a bad price (if you are a resident, and that is what this regulation is about).

One way to confirm that this is a revenue enhancement plan is be the clause that says this ban on hiking does NOT apply to people younger than age 16. The group rarely has money and are the most likely to be the one hiking on game commission lands. The Game Commission does NOT want to ban people, they just looking at ways to increase revenue.

As to the second part, the requirement for a permit (which there would be no fee) is also an effort in that direction. I suspect what the Commission wants is the right to charge for such a permit, but dares NOT do it at present. Thus this is viewed as a first step, and given that by buying a Hunting License for $20.70 you get the right to use the Game Lands all year round instead of during the non hunting season, people may opt to pay the $20.70 instead of the Free permit.

Simply put, this is an effort by the Game Commission to increase revenues, something the Game Commission needs for it does almost all of the research on animals and birds in Pennsylvania and has its main source of revenue money from Hunting Licenses. The Game Commission works closely with the Fish and Boat Commission for Frogs, Salamanders, snakes and other "Cold Blooded" creatures are under Fish and Boat Commission regulations not Game Commission regulations. Pennsylvania is one of the few states (and I suspect the only state) that separates these functions, but both agencies do work together (and boat regulations was given to the Fish Commission to increase they revenues several years ago). Both agencies need additional funding and the above is one way they can do so given the State Legislature had refused to give them any funding for such non-game research, while requiring the Game Commission to work on such research.

I have been meaning to buy a hunting license so I can show support for the Game Commission and the good work they do, maybe this will finally force me to buy one. I do not hunt but I like the work the Game Commission is doing and maybe this is for the best.