For those of you reading this blog for school masking updates, there’s likely going to be more information tomorrow. For today, I’ve been working on posting information about hunting privileges for a long time and wanted to get this article up.

Here are the key takeaways from this article:

1. Your hunting privileges can be revoked for any hunting offense. Game Wardens and Judges do not have to tell you in advance about the revocation.
2. If you are charged with a summary 1, 2 or 3 offense you really should talk to an attorney
3. The PA Hunting and Trapping Digest IS NOT an official statement of the law. It is a summary
4. To be convicted of baiting, you have to know or have reason to know the bait was there and the bait has to serve as an effective lure for the area where you were hunting.
5. If you encounter a Game Warden, you are required to identify yourself and provide your license and tags. In a few cases you are required to give other information. Do not lie to them.
6. DO NOT Blindly Plead Guilty to Hunting Offenses

In Pennsylvania there are about two dozen possible charges that a hunter could receive under the Game Code. There are about five that I see very commonly.

All Game Code offenses are given a grading and a range of penalties. The vast majority of Game Code offenses are summary offenses. Summary offenses are the least serious type of offense in Pennsylvania and are almost always punishable by a fine. There are a couple Game Code Offenses that could be misdemeanors, but those are the most serious and beyond the scope of this article.

The Game Code divides summary offenses into eight categories with summary 1 being the most serious and summary 8 being the least serious. Here are the range of fines:

Summary offense of the first degree, not less than $1,000 nor more than $1,500 and may be sentenced to imprisonment up to three months.

Summary offense of the second degree, not less than $400 nor more than $800 and may be sentenced to imprisonment up to one month.

Summary offense of the third degree, not less than $250 nor more than $500.

Summary offense of the fourth degree, not less than $150 nor more than $300.

Summary offense of the fifth degree, not less than $100 nor more than $200.

Summary offense of the sixth degree, $75.

Summary offense of the seventh degree, $50.

Summary offense of the eighth degree, $25.

See 34 Pa. C.S.A. 925. Please note that while jail time is possible for some summary offenses, it is virtually never imposed.

Please also be aware that the Game Commission is entitled to seek replacement costs for an unlawfully taken animal. Those replacement costs are determined in advance and published in regulations. 58 Pa. Code 131.8.

Under Pennsylvania law, the Game Commission can revoke your hunting privileges for any violation of hunting requirements even if you are not convicted. 34 Pa. C.S.A. 929(a) and 2741. Typically a first offense can only result in a revocation of up to 3 years, although there are exceptions. 34 Pa. C.S.A. 2742(a).

Neither a Game Warden nor a Magisterial District Judge is required to tell you about the possible revocation. Revocations ARE NOT imposed by the Magisterial District Judge. Revocations are a separate administrative proceeding imposed by the Game Commission directors out of Harrisburg. A Game Warden CANNOT make a binding promise as to what will happen in terms of revocation. A Game Warden does get to make a recommendation to the directors in Harrisburg. The directors often follow a Game Warden’s recommendation. I have had several clients who felt that they were misled or deceived about revocations by statements from Game Wardens. A misstatement by a Game Warden is not a defense to revocation. Before you plead guilty be sure to know what you are likely facing in terms of revocation.

Revocations of hunting privileges are always for whole year periods and they always run from July 1 to June 30.

The Game Commission has an unpublished standard operating procedure that gives recommended lengths for revocation. I don’t know why this procedure is not published. The procedure is fairly well understood by those that deal with the Game Commission and the Game Commission does consistently follow that procedure.

Here is the standard revocation recommendations from the Game Commission

Conviction of a Summary One- 3 year revocation

Conviction of a Summary Two- 2 year revocation

Conviction of a summary Three- 1 year revocation

Baiting activity where no animal was taken- Written warning

Mistake Kill where kill was properly reported and all other steps followed- no revocation.

If you are only convicted of summary four or less serious offenses, it is unlikely that the Game Commission will seek a revocation. If you are not convicted (not charged or found not guilty), it is unlikely that the Game Commission will seek a revocation.

If you are charged with a summary 1, 2 or 3, and you value your hunting privileges, you should consult an attorney BEFORE you plead guilty.

1. The Hunting and Trapping Digest is Good, but Not Necessarily an Accurate Statement of law/There’s More to Baiting than the Digest Says

The Pennsylvania Hunting and Trapping Digest is an official publication of the Pennsylvania Game Commission, but it is not an official statement of the law. I like the Digest, its valuable publication. However, hunters need to realize that the digest is prepared by employees of the Game Commission. The Digest DOES NOT print the actual statutes or regulations relating to hunting. It prints the Game Commission’s interpretation of the statutes. In Pennsylvania, the Pennsylvania General Assembly writes the laws and the Courts make official interpretations of the laws. The Game Commission can make specific regulations to flesh out certain aspects of the laws.

If there is a legal question, the law as stated by the General Assembly or the law as interpreted by the Courts wins out.

For example, here’s what the 2021-22 Digest says about baiting:

Baiting Baiting  is  allowed  conditionally  on  private  property  in  the  Southeast Special  Regulations  Area.  See  detailed  information  on  the  Special Regulations Areas page  within this digest. Elsewhere  in the state,  it is  unlawful  to  hunt  in  or  around  any  area  where  artificial  or  natural bait,  food, hay, grain, fruit, nuts, salt, chemicals or minerals, including their  residues  –  regardless  the  type  or  quantity  –  are  used,  or  have been  used  within  the past  30  days,  as  an  enticement  to  lure  game  or wildlife.  Hunters  are  responsible  for  ensuring  an  area  has  not  been baited  before they begin hunting. They should physically inspect the area  and  question  landowners,  guides  and  caretakers.  This  section does  not  pertain  to  hunting  near  areas  where  accepted  farming  or habitat-management  practices  are  taking  place  (example:  hunting near  food  plots  on  game  lands  is  legal).  The  manipulation  of  crops for  dove  hunting  is  permitted.  Any  natural  or  manmade  nonliving bait can be  used to attract coyotes for hunting or trapping.

This is not quite the law. First, Pennsylvania uses a reasonable hunter standard. Com. v. Sellinger, 763 A.2d 525 (Pa. Commw. Ct. 2000). This standard means that a hunter should be aware of the area that they are hunting and whether there is bait present. Checking with landowners, guides and caretakers is a good idea, but is not actually required under the law. As a hunter, if you did not know bait was present, or did not have a reason to know bait was present, you are NOT GUILTY.

Additionally, the courts have accepted the following standard:

The extent of a ‘baited area’ is defined only by the capacity of bait placed anywhere within it to act as an effective lure for the particular hunter charged.

Com. v. Sellinger, 763 A.2d 525, 527 (Pa. Commw. Ct. 2000). A hunter is only “hunting over bait” if the hunter is hunting where the bait can be an “effective lure.” There is no set distance under Pennsylvania law.

I have seen many cases in which a hunter believes that they are far enough from bait to lawfully hunt, but the Game Commission disagrees and charges the hunter. The Game Commission is not the final arbiter as to this issue, a judge is. For the hunter to be found guilty, the Game Commission would have to prove beyond a reasonable doubt that the bait was an effective lure in the area being hunted. That’s a difficult case for the Game Commission to make when the hunter is 100 or more yards away from the bait.

It should also be pointed out that the Commonwealth Court does expect the Game Commission to mark off baited areas. See 34 Pa. C.S.A. 2308(a)(8) and Commonwealth v. Redovan, 227 A.3d 453, 458 (Pa. Commw. Ct. 2020). In Redovan, the Court found that the Game Commission’s failure to mark a reasonable area around known bait was one of the reasons the charges should have been dismissed.

I unfortunately have seen a number of cases in which a Game Warden discovers bait and rather than mark off the area or alert the property owner, they conduct a “sting” operation and surveil that area to see who is hunting. This is questionable activity by the Game Commission and is clearly disfavored by the Commonwealth Court. I suspect that there will be other court cases that will define the scope of the Game Warden’s obligations when they discovery bait.

III. Interacting with the Game Commission

Hunting licenses and tags must be carried with you when hunting. 34 Pa. C.S.A. 2711(a)(1) 58 Pa. Code § 143.2. Hunters are required to produce identification to Game Wardens. 34 Pa. C.S.A. 904(b). Hunters are not required to have any other interaction other than identifying themselves, making reports of taken big game or reporting a mistake kill. 34 Pa.C.S.A. § 2323 and 58 Pa. Code § 141.41 and 34 Pa.C.S.A. § 2306(c)(3). You are not required to give a Game Warden a statement about anything else.

All PA Game Wardens (but not deputies) have now been issued body cameras. I’ve had too many cases in which the body cameras are not used or not working. I’ve also had too many cases where a Game Warden does not take notes. The lack of recording and notes often leads to substantive disputes later about what was said. If, you choose to give a statement to a Game Warden, insist that they record it on their body camera. If their camera is not working, offer to provide a written statement. If you have a body camera, it is lawful to record your interactions with the Game Commission. I do recommend that you tell them they are being recorded. DO NOT give an unrecorded statement to the Game Commission.

Providing a false statement to a Game Warden is a violation. 34 Pa.C.S.A. § 906. If you are in a legally questionable situation it may be best not to make a statement to a Game Warden. You are free to tell a Game Warden that you want to interact with them through an attorney. A Game Warden should respect that.

Please, please, please, if you are charged with a summary 1, 2, or 3 Game Code offense, review the situation with an attorney prior to entering a plea. Accepting a summary 1, 2 or 3 conviction will likely lead to a revocation of your hunting privileges.

From the Blog of Eric Winter, Esq.  September 6, 2021

The PGC increased the transaction fees for all hunting licenses.  The cost for a PA resident antlerless deer license is now from $6.90 to $6.97.  Non-resident antlerless deer license is $26.90 to $26.97.

The County Treasurer’s Office will begin accepting PA resident antlerless deer applications by mail only on Monday, July 12, 2021.  The Treasurer’s Office recommends mailing applications no earlier than Friday, July 9 2021.  Per PGC rules, any resident applications received prior to Monday, July 12 2021 will be returned unprocessed.  Any checks received for the wrong amount will be returned and will go unprocessed, jeopardizing the hunter’s choice of Wildlife Management Units (WMU).  Please be sure to write the check for the correct amount and verify your math when paying for multiple licenses with a check.

Previously, a hunter could hold only 3 doe applications for the entire state, no matter the WMU (with exception of “special regulation areas around Pittsburgh and Philadelphia). Starting this year, a hunter can hold 6 active doe licenses anywhere in the state at one time. If he or she harvests a doe and reports it to the Game Commission, they may apply for a 7th doe license but can only have 6 active at one time.

During the 3 mail in rounds, each hunter can only get 1 license per round, but as of the over the counter sales, they may get up to 6. Hunters who report harvests online through HuntFish.PA.gov or call the Customer Support line at 1-800-838-4431 will instantly become eligible to purchase another license, if any are available.  Those reporting by mail will not be eligible to buy another license until their report is logged.

The Game Commission has decreased the allotment of doe licenses in some of the most popular WMUs, including 1A by 4,000 and up to 9,000 in some areas.

The dates to mail in doe license applications are as follows:

July 12th – PA residents only
July 19th – Non residents may apply for the first time
Aug 2nd – Unsold, 1st round (commonly referred to as “second round”)
Aug 16th – Unsold, 2nd round (commonly referred to as “third round”)
September 13th begins over the counter sales for any WMU with left over licenses.

Lastly, landowner antlerless deer licenses must be issued prior to the start of the regular application period.  The last day to purchase a landowner doe license is Friday, July 9.  Landowner doe licenses are only available in the County Treasurer’s Office located in the Beaver County Courthouse 810 Third Street, Beaver, PA 15009.  If you have any questions, please call the County Treasurer’s Office at 724-770-4540.

Thank you,

Sandie Egley
Beaver County Treasurer

Prospective hunters who need to become certified before getting their first Pennsylvania license now have yet another option.

The Pennsylvania Game Commission today announced that completion of the National Rifle Association’s free hunter-education online course will satisfy the prerequisite for obtaining a hunter or furtaker license in the Commonwealth.

The NRA course will be offered free of charge in addition to the in-person and online courses currently offered by the Game Commission. In-person courses are back up and running after a year of being available on a limited basis during the pandemic.

Those looking to schedule an online or in-person course can check availability and make reservations from the hunter-education page at www.pgc.pa.gov.

The Game Commission first made available an online course in 2016, in partnership with Kalkomey Enterprises.

While the majority of new hunters, particularly those who are younger, no doubt will continue to prefer the in-person courses taught by a dedicated team of over 1,800 instructors across the state, becoming certified online is a convenient option that better fits the schedules of some prospective hunters, Game Commission Executive Director Bryan Burhans said.

“Maintaining Pennsylvania’s strong hunting tradition depends greatly upon the continual recruitment of new hunters, and the more options they have to complete the training they need to get a license, the better all are accommodated,” Burhans said. “For decades on end, hunter education has provided the foundation for new hunters to make sound and safe decisions as they begin hunting and trapping the Great Outdoors, and we are glad to welcome the NRA into the fold in helping to meet our recruitment needs.”

Pennsylvania joins Connecticut, Florida, Kentucky, New Mexico, Oklahoma, Oregon, Tennessee, Texas, and West Virginia as states that accept NRA Hunter Education as a prerequisite for obtaining a hunting license.

MEDIA CONTACT: Travis Lau – 717-705-6541

https://www.media.pa.gov/Pages/game-commission-details.aspx?newsid=478

The Pennsylvania Game Commission’s start-up was anything but easy.

Youtube video link  

Established by law in 1895, the agency’s existence hinged on an appropriation that could be used only for postage.

The six commissioners and chief game protector financed operations from their own pockets, with a handful of wardens working for half the fine money they collected.

With the timely establishment of a resident hunting license to provide indispensable capital, and through partnering with legislators to strengthen wildlife laws, the Game Commission quickly became a leader in wildlife conservation that attracted attention and requests for guidance from across the country.

Depleted game populations were brought back, songbirds were protected, a state game lands system was assembled to provide habitat and hunting opportunities, and laws to ensure fair-chase and fair-share standards were enforced to enhance the experiences of all Pennsylvanians who cared about The Great Outdoors.

These 125 years, the agency has held true to the same principles on which it was founded. The Pennsylvania Game Commission remains a national leader in conservation.

While it’s true the agency in the past century and a quarter has assumed greater responsibilities and today carries out its mission amid shrinking habitat statewide and mounting concerns for wildlife’s wellbeing, the Game Commission’s resolve to protect and manage wildlife and habitat is as resolute now as ever.

Learn more at www.pgc.pa.gov

Tracy A. Graziano: script, cinematography, editing, graphics Hal Korber: cinematography Joe Kosack: script Jack Hicks: narrator Music licensed through stockmusic.net “Legends” by Kirkhaug, 407 Productions “Guardians of Hope” by Kirkhaug, 407 Productions “Reconstruction” by Marshall Smith, APRA

https://youtu.be/q2OflzSARrQ

Each summer, Pennsylvanians help track wild turkey populations by reporting their turkey sightings to the Game Commission, and a new survey period is about to begin.

The Pennsylvania Wild Turkey Sighting Survey opens July 1 and will run through August. The two-month window follows the current national standard used by all state wildlife agencies, providing comparable data across the wild turkey’s entire range.

Turkey sighting reports can be made through the Game Commission’s mobile app or on the agency’s website, www.pgc.pa.gov.

On the website, click on “Turkey Sighting Survey” in the Quick Clicks section. The mobile app can be found by searching for “Pennsylvania Game Commission” in the Google Play Store or Apple’s App Store, and selecting “Turkey Sighting Survey.”

The public is encouraged to report any turkeys observed during July and August. Information submitted helps the agency analyze turkey reproduction. Participants are requested to record the number of wild turkeys they see, along with the general location, date, and contact information if agency biologists have any questions. Viewers can also access results from previous years.

“The turkey survey enhances our agency’s internal survey, which serves as a long-term index of turkey reproduction and is used in our turkey population model,” explained Mary Jo Casalena, agency wild-turkey biologist. “By reporting all turkeys seen during each sighting, whether gobblers, hens with broods or hens without broods, the data help us determine total productivity, and allow us to compare long-term reproductive success.”

Many factors including spring weather, habitat, previous winter-food abundance, predation and last fall’s harvest, affect wild-turkey productivity. The 2020 spring-turkey population was approximately 196,260, which was 11 percent below the previous three-year average of 219,400. Fortunately, last summer’s average reproductive success (2.7 poults per hen), allowed for stability in the statewide turkey population coming into this spring’s breeding season. At the Wildlife Management Unit level, reproductive success in 2020 improved in 10 of 23 WMUs compared to the previous three-year average. It was similar to the previous three-year average in two WMUs, but declined to below average in 11 WMUs. Areas where reproduction declined were scattered with no region showing a strong pattern of declines or increases in reproduction.

Reproductive success in 2020 also varied considerably among the Mid-Atlantic states. Poult production was lowest in Delaware (1.0 poult/hen) and Maryland (1.9 poults/hen). Interestingly Maryland experienced one of the highest reproductive rates the previous year at 2.7 poults/hen in 2019. Production was highest in New Hampshire and Maine (4.0 poults/hen). Large sample sizes in New York, Pennsylvania and New Hampshire provided tighter confidence intervals for these estimates compared to the other states.

“Thanks to the popularity of this survey in Pennsylvania, we have high confidence in our estimates,” Casalena emphasized. “Let’s maintain these results in 2021 and even increase participation.”

MEDIA CONTACT: Travis Lau – 717-705-6541

https://www.media.pa.gov/Pages/game-commission-details.aspx?newsid=477

Field Days introduce participants to outdoor sports such as archery, trapping, and hunting through closely supervised hands-on activities. An adult must accompany all youth participants and can accompany more than one youth. Please ensure that your child meets the age requirements of the specific event that you are registering for as each event is different. If you are interested in hosting one of your events on this page, please contact PGCHunterEducation@pa.gov

https://www.register-ed.com/programs/39

With more Sunday hunting opportunities on the way, additional days available for hunters to fill their antlerless deer tags and the biggest allotment of elk licenses yet, the 2021-22 season is one that Pennsylvania hunters eagerly are awaiting.

And they won’t have to wait for long.

Hunting and furtaker licenses for 2021-22 will go on sale Monday, June 14 and the new license year begins July 1.

General hunting licenses and furtaker licenses each cost $20.97 for Pennsylvania residents and $101.97 for nonresidents.

Resident senior hunters and furtakers ages 65 and older can purchase one-year licenses for $13.97, or lifetime licenses for $51.97. For $101.97, resident seniors can purchase lifetime combination licenses that afford them hunting and furtaking privileges.

Like other hunters and trappers, seniors still need to purchase bear licenses to pursue bruins and obtain permits to harvest bobcats, fishers or river otters. Hunters who acquired their senior lifetime licenses after May 13, 2017 are required to obtain an annual pheasant permit to hunt or harvest pheasants.

A complete list of licensing requirements can be found at www.pgc.pa.gov.

Once again this year, additional hunting will be offered on three Sundays – Sunday, Nov. 14; Sunday, Nov. 21; and Sunday, Nov. 28. But unlike last year, when those Sundays were open only for deer or bear hunting, this year they’re open for other species that are in season, too, except turkeys and migratory game birds. A complete guide to Sunday hunting is included in the 2021-22 Pennsylvania Hunting & Trapping Digest issued to all license buyers.

Pennsylvania elk hunters in 2021-22 also will be out there in record numbers. The 187 licenses available marks an increase from the 164 allocated the previous year. A record 56 of the 2021-22 licenses are for bulls. And the January late season, which in its first two years was open only to antlerless elk hunting, in 2022 will be open to bull hunting, as well. Ten of the 49 licenses to be issued for the Jan. 1 through 8 late season are for bulls.

The January late season is one of three elk seasons. There are 14 antlered and 15 antlerless licenses available for the archery-only elk season, which runs from Sept. 11 through 25, when bulls are in the rut. There are 32 antlered and 77 antlerless licenses available for the general six-day regular elk season, which runs from Nov. 1 through 6.

Licenses are awarded by lottery. License applications can be submitted online or at any license issuing agent. A separate application, costing $11.97, is needed for each season. Hunters wishing to apply for all three pay $35.91. In each drawing, season-specific bonus points are awarded to those who aren’t drawn.

The deadline to apply for an elk license is July 31.

Many hunters who regularly buy their licenses as soon as sales begin are motivated by securing a Deer Management Assistance Program (DMAP) permit, which are available in limited numbers and enable holders to harvest antlerless deer in any established deer season.

Buying early also helps ensure hunters won’t miss their opportunity to apply for an antlerless deer license.

A resident Pennsylvanian who buys their 2021-22 hunting license is eligible to apply for an antlerless deer license July 12. Nonresidents can apply July 19. And a second round in which a hunter can receive a second antlerless deer license begins Aug. 2 for Wildlife Management Units where licenses remain. And if licenses still remain, a final round begins Aug. 16.

It’s as important as ever this year for hunters to submit their antlerless deer license applications on schedule. A total of 925,000 antlerless deer licenses are available, down from 932,000 last year. Hunters statewide now have the opportunity to apply for and receive additional antlerless deer licenses, as long as licenses remain available, and provided that a hunter holds no more than six unfilled antlerless licenses at a time. And the return of concurrent hunting for antlered and antlerless deer during the duration of the firearms deer season gives hunters in much of the state additional time to fill their tags.

Further details are outlined in the Hunting & Trapping Digest.

Hunting licenses can be purchased online at https://huntfish.pa.gov, a newly launched customer-friendly licensing platform. Just create an account or log into one you previously created to purchase all the licenses you need. A map to locate a license issuing agent near you can be found on the Licenses and Permits page at www.pgc.pa.gov.