Pennsylvania Code
Title 58 - RECREATION
Part III - GAME COMMISSION
Chapter 141 - HUNTING AND TRAPPING
Subchapter A - GENERAL
Section 141.1 - Special regulations areas
Universal Citation: 58 PA Code ยง 141.1
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Name. The areas shall be known and referred to as special regulations areas.
(b) Descriptions.
(1)
Southwest area. Includes
the County of Allegheny.
(2)
Southeast area. Includes the Counties of Bucks, Montgomery,
Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek
State Parks and other publicly-owned lands therein.
(c) Prohibitions.
(1)
Restricted devices.
Notwithstanding the authorizations of §§
141.22, 141.43-141.45, 141.47 and
141.67, it is unlawful to:
(A) Hunt, take,
kill or to attempt, aid, abet, assist or conspire to hunt, take or kill any
game or wildlife through the use of a firearm that discharges bottle-necked
centerfire cartridges or to possess bottle-necked centerfire cartridges or any
firearm that is designed to discharge bottle-necked centerfire cartridges while
hunting any game or wildlife within any special regulations area.
(B) Hunt, take, kill or to attempt, aid,
abet, assist or conspire to hunt, take or kill any game or wildlife through the
use of a centerfire or muzzleloading firearm or to possess centerfire
cartridges or muzzleloading ammunition or any firearm that is designed to
discharge centerfire cartridges or muzzleloading ammunition while hunting any
game or wildlife within the following parts of the southeast special
regulations area: Philadelphia County, Ridley Creek State Park, Delaware County
and Tyler State Park, Bucks County.
(2) [Reserved].
(3)
Restricted feeding. It
is unlawful to, except for normal or accepted farming, habitat management
practices, oil and gas drilling, mining, forest management activities, or other
legitimate commercial or industrial practices, intentionally lay or place food,
fruit, hay, grain, chemical, salt or other minerals anywhere in the southeast
special regulations area for the purpose of feeding white-tailed deer, or to
intentionally lay or place food, fruit, hay, grain, chemical, salt or other
minerals that may cause white-tailed deer to congregate or habituate an area.
If otherwise lawful feeding is attracting white-tailed deer, the Commission may
provide written notice prohibiting this activity.
(d) Permitted acts. It is lawful to:
(1) [Reserved].
(2) [Reserved].
(3) [Reserved].
(i) [Reserved].
(ii) [Reserved].
(4) [Reserved].
(i) [Reserved].
(ii) [Reserved].
(5) [Reserved].
(6) Hunt or take deer during any deer season
through the use of or by taking advantage of bait on private property currently
operating under a valid deer control permit where approval for limited baiting
activities has previously been obtained under §
147.552 (relating to application).
This limited authorization is valid only to the extent that persons comply with
the standards and conditions in §
147.556 (relating to lawful
devices and methods).
(7) Hunt or
take deer in the southeast special regulations area during regular open hunting
seasons for white-tailed deer through the use of or by taking advantage of bait
on private, township or municipal property only as set forth in this paragraph.
(i)
Purpose. The purpose of
this paragraph is to authorize eligible persons to hunt through the use of or
otherwise take advantage of approved bait to enhance the harvest rate of
white-tailed deer on private, township or municipal property within the
southeast special regulations area where landowners have suffered material
damage to their real property and traditional hunting and deer control methods
have proven ineffective in controlling local deer populations.
(ii)
Operation. Landowners
and persons they permit to hunt on their property may hunt through the use of
or otherwise take advantage of approved bait for the purpose of enhancing the
harvest rate of white-tailed deer. This authorization is subject to the
following conditions:
(A) This authorization
only applies during regular open hunting seasons for white-tailed deer in the
affected portion of each wildlife management unit located on private, township
or municipal property within the southeast special regulations area.
(B) A bait site may not be located less than
250 yards from any previously established bait site authorized under this
paragraph.
(C) Approved bait may be
distributed at each bait site by approved feeders from 2 weeks prior to the
opening of the first white-tailed deer season through the close of the last
white-tailed deer season within the applicable wildlife management
unit.
(D) Approved feeders are
limited to sealed, waterproof, automatic, mechanical feeders that are set to
distribute bait up to a maximum of three times per day during legal hunting
hours only. The feeder must be visibly tagged or labeled with the full name and
address of the landowner or an individual authorized by the landowner to use or
place the approved feeder.
(E) Bait
accumulation at any one bait site may not exceed 5 gallons total volume at any
given time.
(F) Approved bait is
limited to shelled corn and protein pellet supplements.
(G) It is the sole responsibility of
landowners and persons they permit to hunt on their property to ensure that the
area bait site is in compliance with this paragraph prior to hunting in that
area.
(H) The landowner and persons
they permit to hunt on their property may not, under any circumstances, hunt,
take, kill or harvest any game or wildlife other than white-tailed deer at the
bait site or coming to and from the bait site.
(iii)
Suspension. The
Commission may suspend the operation of any bait site if one or more of the
following conditions is determined to exist:
(A) The baiting activity is causing conflict
with other lawful hunting.
(B) The
baiting activity is causing public safety hazards.
(C) The operation of the baiting site is not
in compliance with the requirements of this paragraph.
(D) The operation if the baiting site is
detrimental to the health and welfare of any wildlife, including white-tailed
deer.
(E) Chronic Wasting Disease
has been detected within 10 air miles of the southeast special regulations
area. This suspension may remain indefinitely until the Commission determines
that resumption of baiting activities will not create an unreasonable future
risk of spreading of the disease on the landscape.
(iv)
Violations. Violations
of this paragraph will be prosecuted under section 2308 of the act (relating to
unlawful devices and methods).
The provisions of this § 141.1 amended under 34 Pa.C.S. § 2102(d).
This section cited in 58 Pa. Code § 141.22 (relating to small game seasons); and 58 Pa. Code § 147.556 (relating to lawful devices and methods).
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