Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS

§ 135.101. Scope.

 (a)  The Commission may create special wildlife management areas on lands, waters and buildings under its ownership, lease or jurisdiction. Specific parts of these areas may be referred to as controlled goose hunting areas, controlled duck hunting areas, propagation areas, public hunting areas, public recreation areas or a designation consistent with the use of lands, waters or buildings.

 (b)  In addition to § §  135.2 and 135.41 (relating to unlawful actions; and State game lands) and 50 CFR Part 20 (relating to migratory bird hunting), this subchapter pertains to areas designated as special wildlife management areas.

 (c)  Boundaries shall be conspicuously posted with signs designating the purpose of an area.

 (d)  The Director has the authority to open special wildlife management areas or parts thereof to hunting or trapping for the purpose of population control when it is determined that uncontrolled numbers of certain species have become detrimental to the area.

   (1)  When a certain area is declared open to hunting or trapping by the Director, the number of hunters/trappers may be limited by a permit or drawing.

   (2)  The Director may declare the area open to unlimited hunters or trappers and no permit or drawing will be required at which time § §  135.102(a)(1) and (3), (b)(1) and (2) and (d), 135.104(l), 135.106(a)(1), (c)(1) and (d)(1) and 135.107(a)(1) and (b)(1) do not apply.

 (a)  Hunting.

   (1)  General. Hunting is by permit only. Permits will be issued on hunting days at a designated registration center. Decoys and dogs are permitted. Dogs shall be kept under control.

   (2)  Check-out restriction. A hunting permit holder shall check out at the registration center immediately upon vacating the blind and surrender, in person, the permit. A hunter shall submit birds or mammals taken for examination at the registration center. The deadline for check-out shall be 1 hour following the expiration time, as indicated on the permit.

   (3)  Unlawful acts. It shall be unlawful to:

     (i)   Allow dogs to run unaccompanied or without direction and control.

     (ii)   Possess firearms except in connection with a hunting permit.

 (b)  Trapping.

   (1)  General. Trapping permits will be issued on a first-come, first-served basis or by drawing until the quota, established by the Director or a designee, has been filled.

   (2)  Surrendering permit. A trapping permit holder shall surrender the permit at the registration center, either in person or by mail, within 4 days of the expiration date, indicated on the permit, along with a written report of animals taken on a form supplied with the permit. A person failing to surrender a permit, or file a report, may be denied trapping privileges on the area for 3 years.

 (c)  Harvest control. Hunting and trapping for any species may be stopped by the Director or a designee when, in his opinion, an adequate harvest of that species has occurred on the area.

 (d)  Cancellation of permits. Permits may be cancelled or denied for infractions of the act, Federal regulations or regulations adopted for wildlife management areas.

 The following apply to reservations for controlled goose hunting areas:

   (1)  Applications are available in, and shall be submitted from, the current edition of Digest of Pennsylvania Hunting and Trapping Regulations supplied with each hunting license.

   (2)  Reservation requests on official application forms shall be submitted by mail. An application shall contain requested information, including the applicant’s current valid hunting license back tag number, including letter.

     (i)   Middle Creek Wildlife Management Area. Applications shall be received by the close of business on the second Tuesday in September. Applications received later than the close of business on the second Tuesday in September will be rejected.

     (ii)   Pymatuning Wildlife Management Area. Applications shall be received by the close of business on the second Saturday in September. Applications received later than the close of business on the second Saturday of September will be rejected.

   (3)  One official application per person to hunt on one controlled goose hunting area in this Commonwealth may be submitted. Anyone submitting more than one application for a reservation will have all applications rejected.

   (4)  Selections of mailed application forms will be made by random drawing from all eligible applications submitted. The Director will establish, no later than 20 days prior to the drawing, the number of applications to be drawn.

     (i)   Middle Creek Wildlife Management Area. The drawing will be held on the second Wednesday in September and shall be open to the public.

     (ii)   Pymatuning Wildlife Management Area. The drawing will be held on the third Saturday in September and shall be open to the public.

     (iii)   Disabled access blinds.

       (A)   A separate drawing shall also be held for the disabled access blinds for persons in possession of a disabled person permit issued under section 2923(a) of the act (relating to disabled person permits). A copy of the current disabled person permit shall accompany the application.

       (B)   Other provisions of this section apply to disabled access blinds.

     (iv)   Youth only day. The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a youth-only day. Adults who accompany a junior hunter on this day may participate in the hunt by calling only. Applications received from junior hunters will be separated and drawn prior to the other applications on the established drawing date for the management area. Unsuccessful applicants for the youth shooting day will then be placed with all other applications and the drawing will proceed until all shooting days are filled.

   (5)  A reservation is not transferable. The person whose name appears on the reservation shall present the reservation in person at the wildlife management area registration center designated. A reservation shall entitle the applicant to bring not more than three guests with him. Guests shall be present and register.

   (6)  Except as otherwise provided in subparagraph (i), each person is permitted to hunt only 1 day per season on only one controlled goose hunting area as either a reservation holder or a guest of a reservation holder.

     (i)   Exception. In the absence of applications for unclaimed blinds from persons who have not previously been a registration holder or the guest of a registration holder on the morning of the designated shooting day, a person who has previously been a registration holder or the guest of a registration holder may apply for an unclaimed blind in the manner provided for in paragraph (8).

     (ii)   Penalty. Except as otherwise authorized by subparagraph (i), a person who files more than one application or hunts more than one time per season on one or more controlled goose hunting areas within this Commonwealth will be denied the privilege to hunt any controlled goose hunting area for 3 years.

   (7)  A reservation for 1 day is valid only up to 1/2 hour before the daily shooting time.

   (8)  Blinds will be assigned, by drawing, to reservation holders on the morning of the designated shooting day. A blind which is unclaimed will be assigned by drawing to persons present and applying for the unclaimed blinds on the morning of each shooting day, 1/2 hour prior to shooting time.

   The provisions of this §  135.103 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(6), 721(a) and 2102(a).

   The provisions of this §  135.103 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197; corrected December 1, 1995, effective January 7, 1995, 25 Pa.B. 5508; amended August 13, 1999, effective August 14, 1999, 29 Pa.B. 4351; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4250; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3926; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5119. Immediately preceding text appears at serial pages (312302) to (312304).

 It is unlawful to:

   (1)  Take wildlife other than ducks and geese, except by permit issued by the Director or a designee.

   (2)  Remove geese and ducks from a blind prior to vacating the blind to check out.

   (3)  Remain in a blind when the maximum limit of geese has been killed or the ten-round ammunition limit has been expended, or after the time specified on the permit has expired.

   (4)  Shoot from other than an assigned blind.

   (5)  Enter a closed blind, or a blind other than the one assigned.

   (6)  Shoot on, along or from a road or parking area.

   (7)  Possess more than ten rounds of ammunition per hunter in the blind. This does not prohibit one member of a party in a blind from giving part of the ten-round allotment to another member of the same party, while in the blind.

   (8)  Obtain or possess more than the original ten rounds of ammunition permitted at the beginning of each day.

   (9)  Take more than one goose per person. Duck limits shall conform with Chapter 139 (relating to seasons and bag limits) and 50 CFR Part 20 (relating to migratory bird hunting).

   The provisions of this §  135.104 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 29, 1998, effective May 30, 1998, 28 Pa.B. 2504; amended August 13, 1999, effective August 14, 1999, 29 Pa.B. 4351. Immediately preceding text appears at serial pages (244953) to (244954).

 The following apply to public hunting areas:

   (1)  Public hunting areas are those areas not included in the controlled goose area, the controlled duck area, propagation area or public recreation area.

   (2)  Hunting wildlife, in season, including waterfowl, is lawful.

 (a)  In addition to § §  135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Pymatuning Wildlife Management Area:

   (1)  Entering, hunting or trapping on the controlled goose and duck areas is by permit only.

   (2)  Waterfowl hunting is permitted Monday, Wednesday, Friday and Saturday. Starting time shall conform with State and Federal regulations. Shooting ends at 12:30 p.m.

 (b)  The following apply to reservations for the controlled duck hunting area:

   (1)  Reservations will be made on each designated shooting day at the registration center. Hunting is limited to 85 hunters at one time on the two areas combined. Reservations will be issued on a first-come, first served basis if there are 85 hunters or less applying at the registration center and 1 1/2 hours prior to the opening hunting hour. If there are more than 85 applicants present, a drawing will be held to determine to whom the 85 permits are issued.

   (2)  Permits returned to the registration center prior to 10 a.m. may be released to another applicant.

 (c)  The following apply to the controlled duck hunting areas:

   (1)  Ducks are the only legal game; taking other wild birds or mammals is prohibited, except by permit issued by the Director or a designee.

   (2)  A hunter shall display the identification tag furnished by the Commission while on the areas. The identification tag is valid for entry upon the area indicated on the tag. Entry upon another area is prohibited. Identification tags shall be returned to the registration center at check-out time.

   (3)  Boats without motors are permitted on controlled duck areas.

 (d)  The following apply to special hunts on the controlled area:

   (1)  Special deer hunts will be by permit only, limited to archery and muzzleloading firearms.

   (2)  Notwithstanding the provisions in §  135.161(2) (relating to Commission-owned or leased lands or waters), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits.

   (3)  A drawing of applications to determine successful hunters will be held at the Pymatuning Wildlife Management Area headquarters on a date and time designated by the Executive Director or a designee.

   (4)  Applications will be received at the area headquarters no later than the close of business of the day prior to the date and time of the drawing.

   (5)  One official application per person to hunt deer on the controlled area may be submitted each license year. Anyone submitting more than one application for a permit will have all applications rejected. The application shall contain archery or muzzleloading license stamp numbers.

   (6)  The number of permits to be drawn shall be set by the Executive Director or a designee prior to the drawing.

   (7)  If a successful applicant does not appear to claim a reservation on the day assigned, prior to the opening hunting hour, the permit becomes invalid and is not transferable.

   (8)  A successful hunter shall submit a harvested deer for examination to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.

   (9)  Unsuccessful hunters shall return the permit to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.

   (10)  Hunters participating in the special archery and muzzleloading hunts inside the controlled area shall wear a minimum of 250 square inches of fluorescent orange-colored material on the head, back and chest combined.

   The provisions of this §  135.106 amended under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

 (a)  In addition to § §  135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Middle Creek Wildlife Management Area:

   (1)  Entering, hunting, trapping or fishing on the controlled hunting areas shall be by permit only, except as listed in paragraph (3).

   (2)  From March 1 to September 14, entry on foot or vehicle is restricted to roadways and designated trails, except that when gates are closed, entry is prohibited.

   (3)  Shooting on, along, or from parking areas or highways which traverse or parallel the controlled Hunting Area is prohibited.

   (4)  Waterfowl hunting is permitted on Tuesday, Thursday and Saturday. Starting times conform to State and Federal regulations. Shooting ends at 1:30 p.m.

   (5)  A permit holder shall surrender, in person, the permit at the registration center through which he entered. A hunter shall submit for examination all game taken. The deadline for checking out is 2:30 p.m.

   (6)  Nontoxic shot in sizes no larger than # 4 Bismuth/tin and # 2 steel shall be used in the controlled and propagation areas for hunting small game. For hunting waterfowl, nontoxic shot no larger than size ‘‘T’’ shall be used.

 (b)  The following apply to special deer hunts on the controlled areas:

   (1)  Special deer hunt will be by permit only.

   (2)  A drawing shall be conducted at the visitor center to determine successful applicants on dates designated by the Director or a designee.

   (3)  The number of permits and methods of issue will be set by the Director or a designee prior to the drawing.

   (4)  The Director reserves the right to suspend the hunt and cancel remaining permits when an adequate number of deer have been taken.

   (5)  A successful permittee shall submit the deer for examination at the visitor center on the date of the permit.

   (6)  A permittee shall return the permit to the visitor center not later than 1/2 hour after the closing time of the hunt, as specified on the permit.

   (7)  Hunters participating in the special archery and muzzleloader hunts inside the controlled areas shall wear a minimum of 250 square inches of fluorescent orange material on the head, chest and back combined.

   (8)  Notwithstanding the provisions in §  135.161(2) (relating to Commission-owned or leased lands or waters), the Director may designate dates for deer hunting outside of established seasons and bag limits.

 (c)  The following apply to special rabbit and squirrel hunts on the controlled hunting areas:

   (1)  Rabbit and squirrel hunting will be by permit only.

   (2)  A drawing will be conducted at the visitor center to determine successful applicants on dates designated by the Director or a designee.

   (3)  The number of permits and methods of issue shall be set by the Director or a designee prior to the drawing.

   (4)  The Director reserves the right to suspend the hunt and cancel remaining permits when an adequate number of rabbits or squirrels, or both, have been taken.

   (5)  The permittee shall return the permit and report form to the visitor center by United States Postal Service no later than 5 days after the expiration of the permit.

   The provisions of this §  135.107 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(2), 721(a) and 2102(a).

   The provisions of this §  135.107 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339; amended August 13, 1999, effective August 14, 1999, 29 Pa.B. 4351; amended August 26, 2005, effective August 17, 35 Pa.B. 4825; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7248. Immediately preceding text appears at serial pages (267960) and (313259) to (313260).