Three seasons (archery, general, and late) have been preliminarily approved by the Pennsylvania Board of Game Commissioners. 

 🔸 APPLY for just $11.97 per season. Or $35.91 to apply for all three. Applications can be purchased online at www.huntfish.pa.gov or at any in-store hunting license vendor. [Review Elk Hunt Zone descriptions here.]. 

 🔸 Seasons and bag limits will be approved at the board meeting on April 15, 2023. *Changes can be made to application preferences (hunt zones and sex) until the application period closes on Sunday, July 16, 2023. 

 🔸 Important changes have been made to the application timeframe in response to the adjustment of the drawing date, which will take place on Saturday, July 29, 2023, at the Keystone Elk Country Alliance’s Elk Expo, in Benezette, PA. The drawing date was moved up to allow archery elk hunters more time to prepare. 

Watch this video on how to apply for a Pennsylvania elk hunting license online.

Learn more about elk hunting in PA here. 

GOOD LUCK! Thank you for being a Pennsylvania hunter and supporting wildlife conservation in the Keystone State. 

Pennsylvania’s 2021 statewide regular firearms deer season begins this Saturday, Nov. 27 and runs through Saturday, Dec. 11.

The statewide, 14-day concurrent antlered and antlerless firearms season is intended to simplify regulations and provide increased opportunity, especially for younger hunters.

Don’t forget, hunters who harvest a deer, (and/or bear, elk or turkey), must properly fill out and tag their harvest before the carcass is moved.  Additionally, this year, hunters will have to notch the date of the harvest on the new, green tags.  Details about how to properly tag big game can be found on page 22 of the 2021-22 Hunting and Trapping Digest or online at www.pgc.pa.gov. 

Don’t forget, those who hunt on private land are required to carry written permission from the landowner when hunting on Sunday, Nov. 28, 2021.  Click here for more details about Sunday Hunting in Pennsylvania.

Hunt PA Link for Deer Season

HARRISBURG, PA – A CWD-positive deer recently detected in Jefferson County has led to new regulations to reduce the risk of the disease spreading.

The Pennsylvania Game Commission today announced the expansion of Disease Management Area 3 (DMA 3) and the creation of a new DMA (DMA 6).

Detection of Chronic Wasting Disease (CWD) in a road-killed deer on the northern boundary of DMA3 prompted these changes. The adult male was collected as part of ongoing CWD surveillance efforts.

CWD affects deer, elk, and other members of the deer family. The disease is fatal to any deer or elk infected with it, and CWD has no treatment or cure.

When a new CWD-positive is detected in either a wild or captive deer or elk in Pennsylvania, a Disease Management Area (DMA) is established. DMAs are created to reduce risk of human-assisted spread of CWD.

This new CWD detection is within 2 miles of Pennsylvania’s elk management area. The short distance to the elk management area required creating DMA 6 within the elk management area. DMA 6 will prevent high-risk parts from the entirety of DMA 3 being moved into the elk management area.

“If a CWD-positive animal is found within any elk hunt zone, all elk hunt zones will become a DMA due to the behavior and longer distance movements of elk,” said Andrea Korman, Game Commission CWD wildlife biologist. “If this were to occur, the impact on deer and elk populations, hunters, and the public will be significant. Although this has not occurred yet, this newly found positive deer shows how close it is.”

DMA 6 was created to restrict movement of high-risk parts into the elk management area and to restrict human activities known to increase disease risk.

Within all DMAs, it is unlawful to:

 

• Remove or export any deer or elk high-risk parts (e.g., head, spinal column, and spleen) from a DMA. This also prevents movement of high-risk parts between adjacent DMAs
• Use or possess deer or elk urine-based attractants
• Directly or indirectly feed wild, free-ranging deer. It is already illegal to feed elk regardless of DMA location
• Rehabilitate wild, free-ranging deer or elk

To increase surveillance around the detection, a new DMAP Unit (#4760) was also created. Over 1,300 permits have been made available for this unit and allow hunters to take up to two additional antlerless deer. Hunters can get DMAP permits by providing the unit number (4760) online or at license-issuing agents.

In conjunction with the additional hunting opportunities, hunters are asked to provide samples for CWD testing. Submitting harvested deer heads for CWD testing helps determine the extent of CWD infection.

The Game Commission offers free CWD testing within the DMAs. Hunters should deposit the heads of deer they harvest with properly filled out and legible harvest tags in one of the head-collection containers the Game Commission provides within DMAs. Locations of head-collection containers can be found at http://bit.ly/PGC-CWDMapOpens In A New Window. Antlers should be removed from bucks before the double-bagged head is placed in a collection container. Hunters can check for their test results online or by calling the CWD hotline (1-833-INFOCWD).

For deer hunters in DMAs – especially those who live outside the DMA – it’s important to plan their hunt and know ahead of time what they will do with any deer harvested. Since high-risk cervid parts can’t be removed from any DMA, even if they share a boundary like DMAs 3 and 6, successful hunters cannot transport whole deer outside the DMA.

Hunters can take deer they harvest to a processor within the DMA or on the list of approved processors for the DMA where they harvested the deer. The list of approved processors and taxidermists is available at www.pgc.pa.gov/CWD. Approved processors properly dispose of the high-risk parts. Hunters can also dispose of high-risk parts in trash that is destined for a landfill or quarter the animal and leave the high-risk parts at the kill site. The meat, antlers (free of brain material) and other low-risk parts then can be transported outside the DMA.

Deer hunters getting taxidermy mounts also must take their harvests to a taxidermist within the DMA or on the list of approved processors and taxidermists for the DMA in which they harvested the deer available at www.pgc.pa.gov/CWD.

Although CWD has not been documented in humans, the Centers for Disease Control and Prevention recommends never eating the meat of a CWD-positive deer.

Much more information on CWD is available at www.pgc.pa.gov/CWD.

DMA 3 boundary has been expanded and is as follows:

Beginning at the southernmost point at the intersection of State Highway 403 and State Highway 286 in the town of Clymer, proceed east on State Highway 286 for 4.9 miles to State Highway 240. Follow in State Highway 240 east for 8.5 miles to the intersection of US Highway 219. Follow US Highway 219 north for 2.4 miles to Sylvis Road. Follow Sylvis Road east for 5.8 miles to the intersection of State Highway 36. Follow State Highway 36 east for 8.8 miles to the intersection of La Jose Road (SR-3016) in Newburg. Follow La Jose Road east for 3.6 miles becoming Cherry Corner Road (SR-3005) for another .3 mile to the intersection of Marron Road (SR-3016). Turn left onto Marron Road and follow northeast for 2.7 miles to the intersection of State Road 729. Follow State Road 729 east for .9 miles to the intersection of Old Station Road. Follow Old Station Road (SR-2012) east for 2.4 miles to the intersection of Douglas Road (SR-3007). Continue east on Douglas Road for .3 miles to the intersection of Zion Road (SR-2012) near New Millport. Follow Zion Road east for 4.5 miles to the intersection of Faunce Road (SR-2012). Turn right and follow Faunce Road east for 3.1 miles becoming Sanborn Road (SR-2012) in Woodward Township. Continue east on Sanborn Road for 2.5 miles to the intersection of State Highway 153. Follow State Highway 153 north for 5 miles to the intersection of Valley Road (SR-2027). Follow Valley Road north for 2.1 miles becoming Hogback Hill Road (SR-2027). Continue north on Hogback Hill Road for 1 mile to the intersection of Main Street in Mineral Springs. Turn right on Main Street for .2 miles to the intersection of Bigler Cutoff Road. Turn left on Bigler Cutoff Road for .1 miles to the intersection of US Highway 322. Follow US Highway 322 east for .7 miles to the intersection of State Highway 970. Follow State Highway 970 north for 1.5 miles to the intersection of Interstate Highway 80. Follow I-80 west for 26.4 miles to the exit for State Highway 219 north. Follow State Highway 219 north for 21.2 miles to Boot Jack becoming State Route 948. Follow State Route 948 for 4.2 miles to the Clarion River in Ridgway. Follow the Clarion River for 28.3 miles to Bridge Road. Continue south on Bridge Road for 0.05 mile to the intersection of State Highway 949. Turn right on State Highway 949 and continue west for 16.3 miles to the intersection of US Highway 322 in Corsica. Follow US Highway 322 east for 0.3 miles to the intersection of State Highway 949. Follow State Highway 949 south for 4.2 miles to the intersection of State Highway 28. Follow State Highway 28 south for 13.2 miles to the intersection of State Highway 839 in New Bethlehem. Follow State Highway 839 south for 21 miles to State Highway 85. Follow State Highway 85 south for 11.7 miles to the intersection of US Highway 119 in the town of Home. Turn left on US Highway 119 and follow 3.4 miles to the intersection of State Highway 403 in Marion Center. Follow State Highway 403 south for 8.5 miles to Clymer at the place of beginning.

DMA 6 is in portions of Clearfield, Elk, and Jefferson Counties and its exact boundary is as follows:

Beginning at the northeast corner at the intersection of Chicken Hill Road and State Route 948 in the town of Kersey, proceed south on Chicken Hill Road for 0.9 mile becoming South Kersey Road. Follow South Kersey Road south for 1.4 miles. Continue straight onto Boone Mountain Road for 6.5 miles to the intersection with State Route 153. Turn left onto State Route 153 and continue south 4.9 miles to State Route 255. Turn right on State Route 255 and continue south for 9.5 miles to Interstate Highway 80. Turn right on Interstate Highway 80 and continue west 4.4 miles to State Highway 219. Turn right on State Highway 219 and continue north 21.1 miles to State Route 948. Turn right on State Route 948 and proceed east for 5.3 miles to Kersey at the place of beginning.

https://www.media.pa.gov/Pages/game-commission-details.aspx?newsid=513

Courtesy of Pennsylvania Game Commission

Since 1991, Hunters Sharing the Harvest venison donation program has coordinated the processing and distribution of donated deer meat and wild game from hunters and municipal herd reduction resources to hungry people throughout Pennsylvania.  An average-sized deer will provide enough high protein, low fat meat for 200 meals.

This hunter-inspired community service outreach effectively channels hunter donated venison through a network of approved deer processors, food banks and some local charitable provider organizations throughout Pennsylvania’s urban and rural communities.  Visit www.sharedeer.org or call 866-474-2142 for more information.

Courtesy of Pennsylvania Game Commission

 

In an effort to reduce the number of tree stand related injuries this hunting season, tree stand users are reminded to wear a harness while hunting.

Wearing a fall arrest system or full-body harness is the best way to prevent hitting the ground and being seriously hurt if you should fall.  Always wear a harness and keep it attached to the tree when hunting from, hanging, or taking down a tree stand.

Transitions in and out of the stand are most dangerous.  Using a harness anytime your feet leave the ground can help prevent falls when getting in and out of the stand.

Remember: Hunt safely.  Wear a harness.

More tree hunting safety tips can be found here.

Courtesy of Pennsylvania Game Commission

In an effort to expand hunting opportunities for Pennsylvania hunters, it is legal to hunt on three select Sundays this November.  Sunday hunting has long been permitted for foxes, coyotes and crows during open seasons.

The expanded Sunday hunting opportunities are only open on the following dates for the following species:

1. Sunday, Nov. 14 – Deer (archery), Bear (archery in WMUs 2B, 5B, 5C and 5D only), Squirrel, Pheasant, Rabbit, Grouse, Bobwhite Quail, Woodchuck, Crow, Raccoon, Fox, Coyote, Opossum, Striped Skunk, Weasel and Porcupine.
2. Sunday, Nov. 21 – Bear, Deer (archery in WMUs 2B, 5C and 5D only), Squirrel, Pheasant, Rabbit, Grouse, Bobwhite Quail, Woodchuck, Crow, Raccoon, Fox, Coyote, Opossum, Striped Skunk, Weasel and Porcupine. Coyote hunters, during any big-game season, must follow big-game orange requirements.
3. Sunday, Nov. 28 – Deer, Bear, Raccoon, Fox and Coyote. Raccoons and foxes must be hunted only after legal hunting hours for deer.  Coyote hunters, during any big-game season, must follow big-game orange requirements.  Crows may not be hunted during the Regular Deer Firearms season.

*Turkeys and migratory game birds may not be hunted on any of these three Sundays.  Other game that’s in season may be hunted on these three Sundays.

On these three Sundays, hunters on private land are required to carry written permission from the landowner.  The permission slip should be signed by the landowner, and should include the hunter’s name, address and CID license number, and the landowner’s name, address and phone number.  Providing contact information for the landowner is the quickest and easiest way for a game warden to verify a landowner has granted permission to a hunter.  A sample permission slip is available on page 5 of the Pennsylvania Hunting and Trapping Digest or online at www.pgc.pa.gov, or save and print the digital slip below.

Courtesy of Pennsylvania Game Commission

The Pennsylvania Game Commission bear check station to be operated in Forest County during the four-day firearms bear season, Nov. 20-23, is changing locations.

The check station will be held at the Farmington Township Volunteer Fire Company, 6785 State Route 36, Leeper, PA 16233.

The fire company is in Clarion County at the intersection of state Routes 36 and 66, about 11 miles southwest of Marienville, where the check station originally was to operate. The change was necessary due to COVID-19 protocols.

All hunters harvesting bears during the four-day firearms season are required within 24 hours to have their bears checked at a Game Commission check station. All check stations will be open from 10 a.m. to 8 p.m. on Saturday, Nov. 20, Sunday, Nov. 21 and Monday, Nov. 22, and from 10 a.m. to 6 p.m. on Tuesday, Nov. 23.

Check station locations are provided online and published in the Pennsylvania Hunting & Trapping Digest. Due to the change, however, hunters planning to head to the Forest County check station should go to the Farmington Township Volunteer Fire Company instead of the location printed in the digest.

Courtesy of Pennsylvania Game Commission

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