Subchapter A. GENERAL

§ 141.1. Special regulations areas.

 (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)  Except as provided in subsection (d), it is unlawful to take, kill or attempt to take or kill wildlife through the use of a firearm of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for employees of political subdivisions and other persons who have a valid deer control permit issued under the authority of Chapter 29 of the act (relating to special licenses and permits).

   (2)  It is unlawful to use buckshot in Allegheny or Philadelphia Counties without specific authorization of the Director.

 (d)  Permitted acts. It is lawful to:

   (1)  Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer through the use of a muzzleloading long gun or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.

   (2)  Take deer with a shotgun 20 gauge or larger—including semiautomatic—using buckshot in the Southeast area only.

   (3)  Take small game, furbearing animals, crows or wildlife with a manually operated rimfire rifle or handgun .22 caliber or less.

   (4)  Kill an animal legally caught in a trap with a manually operated rimfire rifle or handgun .22 caliber or less while trapping.

   (5)  Hunt or take deer on private lands only in the southeast area through the use of or by taking advantage of bait.

     (i)   Bait may be placed or distributed 2 weeks prior to the opening of the first deer season through the close of the last deer season in each wildlife management unit.Bait accumulation in any one location may not exceed 5 gallons total volume at a given time.

     (ii)   This paragraph became effective December 26, 2006, and expires March 31, 2010, unless the Commission authorizes its continued legal effectiveness prior to March 31, 2010.

   (6)  Harvest more than one deer at a time when multiple harvests of deer per day are authorized without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter.

   The provisions of this §  141.1 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2102(a) and (b)(1).

   The provisions of this §  141.1 amended July 6, 1979, effective September 1, 1979, 9 Pa.B. 2265; amended July 10, 1981, effective July 11, 1981, 11 Pa.B. 2493; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1396; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 25, 1990, effective July 1, 1990, 20 Pa.B. 2752; amended May 3, 1991, effective July 1, 1991, 21 Pa.B. 2009; amended May 28, 1993, effective July 1, 1993, 23 Pa.B. 2565; amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4339; amended May 26, 2000, effective May 27, 2000, 30 Pa.B. 2601; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 5960; corrected December 1, 2000, effective December 2, 2000, 30 Pa.B. 6209; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1370; amended May 18, 2001, effective May 19, 2001, 31 Pa.B. 2577; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4712; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2751; amended December 1, 2006, effective December 26, 2006, 36 Pa.B. 7250; amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4615. Immediately preceding text appears at serial pages (330151) to (330152) and (32435)..

 (a)  A person acting under the authority of the act or this part is authorized to use pesticide products registered and labeled as approved for wildlife control by the Department of Agriculture, to control wildlife destroying or damaging crops.

 (b)  Failure to follow methods, amounts and procedures prescribed by the manufacturer, or the Department of Agriculture or to use pesticides inconsistent with labeling and application instructions is a violation of this section.

 (a)  General.

   (1)  Protection is removed from wildlife, except migratory birds, big game and threatened or endangered species, when personal property, other than an agricultural crop, is being destroyed or damaged.

   (2)  Wildlife may only be taken by the owner or person in charge of the personal property affected.

   (3)  Wildlife taken to protect personal property shall be taken in a humane and lawful manner.

 (b)  Disposition.

   (1)  Wildlife taken to protect personal property shall be turned over to a Commission representative as required in section 2125 of the act (relating to surrender of carcass to commission officer).

   (2)  Wildlife, or a part thereof, taken under this section, may not be retained alive, sold or given away.

   (3)  Wildlife taken alive may be relocated to a natural setting unless otherwise restricted or prohibited.

 (c)  Diseased or sick wildlife.

   (1)  Protection is removed from wildlife, except migratory birds, big game and threatened or endangered species, when it is obvious that an animal is sick or diseased and poses a threat to human safety, farm animals or pets.

   (2)  The wildlife may only be taken by, or under the direct supervision of, the person in charge of the property where the threat exists.

   (3)  The wildlife shall be taken in a safe, expeditious and lawful manner.

 (d)  Disposition of diseased or sick wildlife.

   (1)  Wildlife taken under authority of subsection (c) shall be disposed of in one of the following ways:

     (i)   Buried on the site where taken.

     (ii)   Destroyed by incineration or other proper disposal.

     (iii)   Submitted for laboratory analysis.

   (2)  Wildlife or parts thereof taken under subsection (c) may not be retained alive, sold or given away.

   The provisions of this §  141.3 amended July 6, 1979, effective September 1, 1979, 9 Pa.B. 2265; amended July 10, 1981, effective July 11, 1981, 11 Pa.B. 2493; reserved April 30, 1982, effective May 1, 1982, 12 Pa.B. 1396; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5129. Immediately preceding text appears at serial pages (118693) to (118694).

 Except as otherwise provided, wild birds and animals may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.

   (1)  During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals except game birds on regulated hunting grounds, migratory waterfowl, coyotes and bear. Coyotes may be hunted from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker’s license, or by persons lawfully engaged in hunting deer or bear who have a valid tag.

   (2)  Raccoon, fox, skunk, opossum, coyote, bobcat and weasel may be hunted any hour, day or night, except during restricted periods in paragraph (1), and woodchuck, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.

   (3)  Turkey may be hunted from 1/2 hour before sunrise to 12 noon during the spring gobbler season.

   (4)  Mourning doves may be hunted from 12 noon to sunset from the first season opening date through the first season closing date.

   (5)  Migratory birds may only be hunted 1/2 hour before sunrise until sunset, except during the snow goose conservation season and the September resident goose season, when geese may be hunted 1/2 hour before sunrise until 1/2 hour after sunset.

   The provisions of this §  141.4 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(1), 2102(a) and (b)(1), 2524 and 2901.

   The provisions of this §  141.4 amended July 6, 1979, effective September 1, 1979, 9 Pa.B. 2265; amended July 10, 1981, effective July 11, 1981, 11 Pa.B. 2493; amended July 13, 1984, effective July 14, 1984, 14 Pa.B. 2414; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended July 7, 1989, effective July 8, 1989, 19 Pa.B. 2956; amended May 26, 1990, effective July 1, 1990, 20 Pa.B. 2752; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1719; amended May 28, 1993, effective July 1, 1993, 23 Pa.B. 2565; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3886; amended February 11, 2000, effective February 12, 2000, 30 Pa.B. 765; amended May 26, 2000, effective May 27, 2000, 30 Pa.B. 2601; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4250; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2752; amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5316; amended April 30, 2004, effective July 1, 2004, 34 Pa.B. 2328; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 1323; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1472. Immediately preceding text appears at serial pages (328406) to (328407).

 It is unlawful to:

   (1)  Use electronic calls to take wildlife except bobcats, foxes, raccoons, coyotes and crows.

   (2)  Use snares to take wildlife or furbearers except beavers may be taken with snares completely or partially submerged in water in a waterway or watercourse, marsh, pond or dam.

   (3)  Use body gripping traps with a spread larger than 6 1/2" x 6 1/2" for a furbearer except beaver.

   (4)  Use a cage or box trap capable of catching more than one furbearer at a time.

   (5)  Use a semi-automatic shotgun or magazine shotgun for coyotes or crows unless the shotgun is plugged to a two-shell capacity in the magazine.

   (6)  Hunt or take wildlife through the use of an electronic contrivance or device not permitted by Commission regulation.

   The provisions of this §  141.6 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c) and 2102(a).

 (a)  Coyotes are added to the list of animals in section 2310(b) of the act (relating to unlawful use of lights while hunting) which may be hunted with a light ordinarily carried on the person.

 (b)  For the purpose of enforcing section 2311 of the act (relating to restric tions on recreational spotlighting), the terms ‘‘antlered deer rifle season’’ and ‘‘antlerless deer rifle season’’ mean that period of time from 12:01 a.m. on thefirst day of the regular firearms deer season to 12 midnight on the last day of the antlerless season including Sundays within each individual wildlife management unit.

   The provisions of this §  141.7 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2102(a), (b)(1) and (d).

 It is unlawful while accompanying junior hunters under section 2711(a)(8) of the act (relating to unlawful acts concerning licenses) to be out of sight of or unable to physically or verbally control the junior hunter or to fail to comply with fluorescent orange requirements. Verbal instructions given through the use of an electronic or other sound amplification device do not meet this requirement.

   The provisions of this §  141.8a issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2711(a)(8).

 For the purpose of enforcing section 2503 of the act (relating to loaded firearms in vehicles), the term loaded firearm includes the following meanings:

   (1)  Any centerfire or rimfire firearm that has a live shell or cartridge in either the chamber or magazine.

   (2)  Any muzzleloading firearm that has a live charge of ammunition in its firing chamber and a primer, flash powder or a battery, which ever is applicable, properly positioned in the firing mechanism of the firearm rendering it capable of discharge.

   (3)  Any crossbow that has been cocked and has a bolt affixed onto the string or positioned into the firing mechanism of the device.

   The provisions of this §  141.15 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2503.

 The following devices may be used to hunt or take wildlife:

   (1)  Any manually operated firearm that uses an electronic impulse to detonate the primer or main powder charge of the ammunition unless those firearms are a specifically prohibited device.

   (2)  Electronic sound amplification devices that are incorporated into hearing protection devices and completely contained in or on the hunter’s ear.

   (3)  Electronic devices used for locating dogs while training or hunting, including devices such as e-collars, radio-telemetry dog tracking systems and beeper collars.

   (4) Electronic illuminating devices that are affixed at the aft end of a bolt or arrow and used solely for the purpose of locating or tracking bolt or arrow flight after being launched from a crossbow or bow.

   The provisions of this §  141.18 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(5) and 2102(a), (b)(1) and (d).

 (a)  Persons authorized to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act (relating to destruction for agricultural protection) shall be limited to use only those firearms and types of ammunition that have been approved by the Commission with regard to particular classifications, for the taking of game or wildlife during an open season.

 (b)  It is unlawful for a person to use bows and arrows or crossbows and bolts or a muzzleloading firearm of any kind to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act, without advanced written permission from the District Wildlife Conservation Officer.

   The provisions of this §  141.19 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2126(a)(2).

   The provisions of this §  141.19 adopted September 27, 2002, effective September 28, 2002, 32 Pa.B. 4711.

 (a)  General. Except as otherwise provided in subsection (b), it is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.

 (b)  Permitted acts. It is lawful to:

   (1)  Hunt without wearing daylight fluorescent orange-colored material for:

     (i)   Crows.

     (ii)   Doves.

     (iii)   Waterfowl.

     (iv)   Small game under the authority of a valid falconry permit.

     (v)   Deer during the flintlock muzzleloader season with lawful firearms and ammunition for the flintlock muzzleloader season by properly licensed flintlock muzzleloader hunters.

     (vi)   Deer during the archery deer season with a bow and arrow or crossbow and bolt by properly licensed archery hunters except as provided in paragraphs (3)(iii) and (4).

     (vii)   Bear during the archery bear season with a bow and arrow by properly licensed bear hunters except as provided in paragraph (3)(iv).

     (viii)   Furbearers.

     (ix)   Coyotes except from the first day to the last day inclusive of the regular firearms deer season, any firearms bear season and spring turkey season within each wildlife management unit.

     (x)   Turkey during the spring turkey season.

   (2)  Hunt for woodchucks while wearing a hat made of solid daylight fluorescent orange-colored material on the head only.

   (3)  Move about or relocate while wearing a hat containing a minimum of 100 square inches of a solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orange-colored material when hunting for:

     (i)   Turkey during the fall turkey season in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.

     (ii)   Deer with a bow and arrow or crossbow and bolt during any deer archery season which is concurrent with the fall turkey season within each wildlife management unit.

     (iii)   Bear with a bow and arrow during any bear archery season, which is concurrent with the fall turkey season within each wildlife management unit.

   (4)  Be on stand and stationary while hunting for turkey during the fall season in Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A or deer during any firearms deer season that precedes the regular firearms deer season and in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter’s location so it is visible in a 360° arc.

   (5)  Hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act and, in lieu of wearing the required 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined, place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind in a manner that it is visible in a 360° arc.

 (c)  A person who violates this section shall be subject to the penalties as provided in the act.

   The provisions of this §  141.20 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2101(a), 2102 and 2524; amended under the Game and Wildlife Code, 34 Pa.C.S. §  2102(a).

   The provisions of this §  141.20 adopted April 30, 2004, effective July 1, 2004, 34 Pa.B. 2328; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5156; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7249; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2958; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1471. Immediately preceeding text appears at serial pages (330155) to (330156).

   This section cited in 58 Pa. Code §  143.244 (relating to safety).