Subchapter R. DEER CONTROL


POLITICAL SUBDIVISIONS

Sec.


147.321.    Scope.
147.322.    Application for deer control permit.
147.323.    Permit.
147.324.    Privileges authorized under the permit.
147.325.    Special conditions of permit.
147.326.    Carcass handling.
147.327.    Reports.
147.328.    Permit removal.
147.329.    Violations.

MILITARY INSTALLATIONS


147.441.    General.
147.442.    Application on military installations.
147.443.    Special conditions for military installations.
147.444.    Permit fee.
147.445.    Carcass tagging.
147.446.    Reports.
147.447.    Renewal.
147.448.    Violations.

AGRICULTURE


147.551.    General.
147.552.    Application.
147.553.    Permit.
147.554.    Subpermit.
147.555.    Antlerless deer only.
147.556.    Lawful devices and methods.
147.557.    Reporting of deer taken.
147.558.    Tagging of deer taken.
147.558a.    Political subdivisions as applicants.
147.559.    Violations.

FORESTRY


147.661.    General.
147.662.    Application.
147.663.    Fencing.
147.664.    Permit.
147.665.    Reporting of deer taken.
147.666.    Tagging of deer taken.
147.667.    Carcass handling.
147.668.    Violations.

DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS


147.671.    Purpose and scope.
147.672.    Definitions.
147.673.    Eligibility and application for DMAP.
147.674.    Issuance of DMAP harvest permits.
147.675.    Validity of permit.
147.676.    Unlawful acts.

POLITICAL SUBDIVISIONS


§ 147.321. Scope.

 This subchapter regulates the activities of persons, as defined in section 102 of the act (relating to definitions), who apply for, receive or conduct activities under a deer control permit issued under the authority of section 2902 of the act (relating to general categories of permits) or this part.

Source

   The provisions of this §  147.321 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

§ 147.322. Application for deer control permit.

 (a)  An application for a deer control permit shall be completed in conjunction with the Commission and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form required by the Director and contain the information requested by the Director.

 (b)  An application for a deer control permit must contain the following information:

   (1)  A complete map showing the boundaries of the area being considered and indicating the land use within the area, cover types, huntable areas, damage areas, deer concentration areas, all safety zones and proposed control areas within the proposed boundaries.

   (2)  A deer management plan shall be submitted with each application which provides deer management goals and requesting the number of animals to be removed.

   (3)  Each application shall substantitate the background and scope of the deer problem and include alternative approaches to the problem and propose what action is recommended to be taken under the permit.

 (c)  Public land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized by the Director. Private land within the proposed boundaries may be closed to public hunting at the landowner’s discretion. However, if closed, deer control activities may not occur thereon.

Source

   The provisions of this §  147.322 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6928. Immediately preceding text appears at serial pages (320730) and (297379).

§ 147.323. Permit.

 An application shall show the name, address, date of birth and telephone number for each permittee and subpermittee.

Source

   The provisions of this §  147.323 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

§ 147.324. Privileges authorized under the permit.

 Deer shall be taken:

   (1)  Regardless of age or sex.

   (2)  From February 1 to September 30, unless otherwise authorized by the Director and listed on the permit.

   (3)  At any hour, day or night, and with or without an artificial light.

   (4)  With any lawful firearm for big game as described in section 2322(a) of the act (relating to prohibited devices and methods) or other device authorized by the Director and listed on the permit.

   (5)  Only in areas designated by the political subdivision, homeowners association or nonprofit land-holding organization.

Source

   The provisions of this §  147.324 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6928. Immediately preceding text appears at serial page (297379).

§ 147.325. Special conditions of permit.

 (a)  Special conditions specific to the applicant’s area will be listed on the permit.

 (b)  Permits shall list the applicant’s name, who shall be an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization responsible for the activities conducted under this permit and list all subpermittees.

 (c)  A copy of the permit shall be carried by the permittee and subpermittees when engaged in activities granted by the permit. The permit shall be shown to any officer of the Commission or person empowered to enforce the act or this part.

 (d)  Unless otherwise exempted under this title, a permittee or subpermittee who engages in the taking of deer shall first apply for and receive a nuisance wildlife control operator permit as provided in Chapter 147, Subchapter T (relating to nuisance wildlife control operator).

Source

   The provisions of this §  147.325 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6928. Immediately preceding text appears at serial pages (297379) to (297380).

§ 147.326. Carcass handling.

 (a)  Each deer harvested shall have the entrails removed at a suitable location away from where the animal was taken.

 (b)  Each deer shall be tagged or marked with a tag supplied by the Commission.

 (c)  Due care shall be taken with each carcass to preserve the meat for human consumption.

 (d)  Deer suitable for human consumption shall be utilized through a food bank or needy family or as otherwise determined by the Director.

 (e)  Antlers from deer taken under the authority of this permit shall be submitted to the Commission for disposal by the Director.

Source

   The provisions of this §  147.326 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

§ 147.327. Reports.

 (a)  Deer taken under the authority of this permit shall be reported to the Director on forms supplied by the Commission.

 (b)  Reports shall be submitted on a monthly basis when deer are taken.

Source

   The provisions of this §  147.327 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

§ 147.328. Permit renewal.

 (a)  Permits will be issued on a fiscal basis of July 1 to June 30 next following.

 (b)  Renewal of the permit will be subject to the review of progress towards deer management plan objectives.

Source

   The provisions of this §  147.328 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

§ 147.329. Violations.

 The Director may revoke a permit for a violation of this subchapter, conditions of a permit, or if a report is not received, as required, upon written notice to the permittee.

Source

   The provisions of this §  147.329 adopted July 29, 1994, effective July 30, 1994, 24 Pa.B. 3716.

MILITARY INSTALLATIONS


§ 147.441. General.

 Sections 147.442—147.448 provide for permits to be issued to Department of Defense installations or other military installations for the purpose of deer control in the confines of the specific reserve.

Source

   The provisions of this §  147.441 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

§ 147.442. Application on military installations.

 The application shall provide technical and historical data on the installation to include the following:

   (1)  A complete map showing the boundaries of the installation and indicating the areas to be hunted.

   (2)  Information to show that the areas to be hunted are completely fenced so that public access is restricted.

   (3)  Information that estimates herd size within the enclosure.

   (4)  Previous harvest data in relation to herd size, if applicable.

   (5)  The proposed hunting dates and a projected harvest.

   (6)  A deer management plan which provides deer density estimates and what the desired tolerable level should be for the land area.

   (7)  A Memorandum of Understanding (MOU) or cooperative management plan, or both, between each installation applying for a permit and the Commission which is in effect at the time of application.

Source

   The provisions of this §  147.442 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.443. Special conditions for military installations.

 Special conditions for permits to be granted on military installations are as follows:

   (1)  Pennsylvania licensed hunters are eligible to apply to hunt on the installation.

   (2)  A public lottery shall be conducted by the installation to determine the subpermittees.

   (3)  The military installation shall be in charge of issuance of the subpermits.

   (4)  The number of subpermits will be based on the number of deer that are needed to be removed formulated with a hunter success ratio and approved by the Commission.

   (5)  Only antlerless deer may be taken under the authority of this permit.

   (6)  If the number of subpermits is not exhausted at a public lottery, names may be drawn until the allotment is filled, allowing for more than one subpermit to be issued to an individual.

   (7)  The hunting areas shall be open to Commission wildlife conservation officers for enforcement activities in accordance with the Memorandum of Understanding or cooperative plan agreement.

Source

   The provisions of this §  147.443 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.444. Permit fee.

 A charge will not be made for the permit. A $5 fee will be assessed for every subpermit requested and remitted to the Commission with the application.

Source

   The provisions of this §  147.444 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.445. Carcass tagging.

 Each deer carcass removed from the installation shall have attached a deer carcass tag.

   (1)  Carcass tags will be provided by the Commission.

   (2)  The tag shall be completed and attached to the head of the animal in accordance with the tagging requirements in section 2323(b) of the act (relating to tagging and reporting big game kills), except the reporting shall be done by the installation at the completion of the hunting.

Source

   The provisions of this §  147.445 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.446. Reports.

 (a)  Deer taken under the authority of this permit shall be reported to the Director on forms supplied by the Commission. Each report shall be completed with the required information and be submitted within 30 days after the hunt.

 (b)  The installation is required to submit a list of the subpermittees on forms supplied by the Commission.

Source

   The provisions of this §  147.446 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.447. Renewal.

 (a)  Permits will be issued on a fiscal basis of July 1 to June 30 next following.

 (b)  Renewal of permit will be subject to the review of progress towards the deer management plan goals.

Source

   The provisions of this §  147.447 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

§ 147.448. Violations.

 The Director may revoke a permit for a violation of this subpart, conditions of the permit or if a report is not received as required, upon written notice to the permittee.

Source

   The provisions of this §  147.448 adopted August 19, 1994, effective August 20, 1994, 24 Pa.B. 4197.

Cross References

   This section cited in 58 Pa. Code §  147.441 (relating to general).

AGRICULTURE


§ 147.551. General.

 This section and § §  147.552—147.559 (relating to agriculture) provide for permits to be issued to a qualified person as defined in section 2121(c) of the act (relating to killing game or wildlife to protect property) to remove deer by shooting on lands under their ownership or control, or both.

Source

   The provisions of this §  147.551 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611.

§ 147.552. Application.

 (a)  Application for the deer control permit shall be made through the district wildlife conservation officer on a form provided by the Commission.

 (b)  Except in wildlife management units 5C and 5D, applications will only be accepted from persons who have been enrolled in one of the Commission public access programs (Farm Game Project or Safety Zone—P.1-2-3) for a minimum of 2 years and are currently enrolled in the Program.

 (c)  A copy of a deed or lease showing the applicant to be the owner or have control, or both, of the hunting rights of the land to be permitted shall accompany the application.

 (d)  Applicants from the southeast special regulations areas only may be eligible to obtain approval to engage in limited baiting activities to enhance deer control activities on their properties. Approval will be based solely upon an applicant’s demonstrable need for a baiting authorization as evidenced by written justifications or other evidence submitted on or in addition to the application at the time of application or renewal.

Authority

   The provisions of this §  147.552 amended under sections 2102 and 2901(b) of the Game and Wildlife Code (34 Pa.C.S. §  2102 and 2901(b)).

Source

   The provisions of this §  147.552 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1072; amended August 24, 2001, effective August 25, 2001, 31 Pa.B. 4650; amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3251; amended April 1, 2011, effective April 2, 2011, 41 Pa.B. 1767; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5216. Immediately preceding text appears at serial page (356417).

Cross References

   This section cited in 58 Pa. Code §  141.1 (relating to special regulations areas); 58 Pa. Code §  147.551 (relating to general); and 58 Pa. Code §  147.558a (relating to political subdivisions as applicants).

§ 147.553. Permit.

 The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every 5 acres of land that is under cultivation unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.

   (1)  Validity. The permit is valid from February 1 to September 28 each calendar year, excluding Sundays, during the hours of dawn to dusk only.

   (2)  Exceptions. The permit is not valid from May 16 to June 30 during peak fawning season.

   (3)  Posting. Except in wildlife management units 5C and 5D, deer control permit signs provided by the Commission shall be conspicuously posted on the boundary of and along all public roadways traversing the property by the landowner/cooperator on all contiguous acres of the farm under agreement. Posting shall be completed prior to February 1.

   (4)  Fee for permit. There is no fee for the issuance of the deer control permit.

Authority

   The provisions of this §  147.553 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102 and 2901(b).

Source

   The provisions of this §  147.553 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended February 11, 2000, effective February 12, 2000, 30 Pa.B. 767; corrected June 1, 2001, effective February 12, 2000, 31 Pa.B. 2798; amended August 24, 2001, effective August 25, 2001, 31 Pa.B. 4650; amended March 8, 2002, effective March 9, 2002, 32 Pa.B. 1307; amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3251; amended September 28, 2007, effective September 29, 2007, 37 Pa.B. 5255. Immediately preceding text appears at serial page (320731).

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general); 58 Pa. Code §  147.554 (relating to subpermit); 58 Pa. Code §  147.556 (relating to lawful devices and methods); and 58 Pa. Code §  147.558a (relating to political subdivisions as applicants).

§ 147.554. Subpermit.

 The permittee may acquire from the Commission subpermits, not to exceed the number provided for in §  147.553 (relating to permit) to be issued to qualified individuals of the permittee’s choosing for the purpose of removing deer from the permittee’s property by shooting. There is no fee charged for the subpermit. Qualifications are as follows:

   (1)  A subpermit will only be issued to residents of this Commonwealth who possess a valid resident hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

   (2)  A person issued a subpermit will be required to wear a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so it is visible in a 360° arc when involved in taking deer under this subchapter.

   (3)  A permittee may not issue more than one subpermit to a person to take deer on the permittee’s land enrolled in the Agricultural Deer Control Program, except in wildlife management units 5C and 5D, where a permittee may not issue more than two subpermits to a person.

   (4)  Each deer taken under the permit shall be tagged with a tag provided by the Commission.

   (5)  Each person issued a subpermit shall report each deer taken to the permittee.

   (6)  Deer taken under the permit may be utilized by the person with the subpermit or donated to a valid food bank.

   (7)  Unused subpermits shall be returned to the district wildlife conservation officer within 5 days of the expiration of the permit.

Authority

   The provisions of this §  147.554 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102 and 2901(b).

Source

   The provisions of this §  147.554 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended February 11, 2000, effective February 12, 2000, 30 Pa.B. 767; amended August 24, 2001, effective August 25, 2001, 31 Pa.B. 4650; amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3251. Immediately preceding text appears at serial page (287512).

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general); and 58 Pa. Code §  147.558a (relating to political subdivisions as applicants).

§ 147.555. Antlerless deer only.

 Only antlerless deer may be taken under this subchapter unless otherwise authorized by the Director. For the purposes of enforcing this chapter, the term ‘‘antlerless deer’’ has the meaning as defined in §  139.2 (relating to definitions).

Source

   The provisions of this §  147.555 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611.

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general).

§ 147.556. Lawful devices and methods.

 (a)  Devices. Subpermittees are authorized to hunt and take deer with firearms, bows and crossbows as may be authorized for hunting deer during the regular firearms deer season as provided in the act and §  141.43 (relating to deer).

 (b)  Methods. Subpermittees operating under the authority of a permit with an approved baiting authorization are authorized to hunt or take deer through the use of or by taking advantage of bait subject to the following limitations:

   (1)  This authorization applies to private lands in wildlife management units 5C and 5D only.

   (2)  Bait may be placed or distributed 2 weeks prior to the validity period of the deer control permit through the close of the validity period as established in §  147.553 (relating to permit).

   (3)  Bait accumulation in any one location may not exceed 5 gallons total volume at any given time.

 (c)  Further restrictions. A permittee may further restrict the use of devices and methods authorized under this section on lands under the permittee’s ownership or control, or both.

Source

   The provisions of this §  147.556 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended April 1, 2011, effective April 2, 2011, 41 Pa.B. 1767. Immediately preceding text appears at serial page (346733).

Cross References

   This section cited in 58 Pa. Code §  141.1 (relating to special regulations areas); and 58 Pa. Code §  147.551 (relating to general).

§ 147.557. Reporting of deer taken.

 The permittee shall report, on a form provided by the Commission, the number of deer killed and other information the Commission deems necessary. The completed report shall be submitted to the district wildlife conservation officer within 5 days after the end of each month while the permit is valid. If no deer are killed, a negative report shall be submitted.

Authority

   The provisions of this §  147.557 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.557 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended February 11, 2000, effective February 12, 2000, 30 Pa.B. 767. Immediately preceding text appears at serial page (253869).

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general); and 58 Pa. Code §  147.558a (relating to political subdivisions as applicants).

§ 147.558. Tagging of deer taken.

 Deer taken under the authority of the permit shall immediately be tagged with a tag provided by the Commission. The tag shall be attached to the head of the deer and may not be removed. Unused tags shall be returned to the district wildlife conservation officer within 5 days of the expiration of the permit.

Source

   The provisions of this §  147.558 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611.

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general).

§ 147.558a. Political subdivisions as applicants.

 (a)  Eligibility. Political subdivisions are authorized to apply for an agricultural deer control permit under this subchapter for the limited purpose of managing the agricultural deer control activities occurring on a conglomeration of separate, but otherwise individually eligible properties located within the jurisdictional boundaries of the political subdivision. Any lands, other than those publicly owned, which lie immediately adjacent to and are connected with otherwise individually eligible lands may be included in the conglomeration of properties with the written consent of the owner or lessee thereof.

 (b)  Application. Political subdivisions appyling for an agricultural deer control permit are responsible for the collection and submission of the application records required under §  147.552 (relating to application) for each of the properties included in the conglomeration.

 (c)  Management. Political subdivision permittees shall manage the distribution of agricultural deer control subpermits to qualified individuals in accordance with the eligibility criteria and quota limitations in § §  147.553 and 147.554 (relating to permit; and subpermit). Political subdivision permittees shall appoint an officer or employee of the political subdivision to manage the permit activities and serve as a point of contact for affected land owners and the Commission.

 (d)  Reporting. Political subdivision permittees are responsible for the collection and submission of reporting records required under §  147.557 (relating to reporting of deer taken) for each of the properties included in the conglomeration.

Authority

   The provisions of this §  147.558a adopted under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.558a adopted November 27, 2009, effective November 28, 2009, 39 Pa.B. 6767.

§ 147.559. Violations.

 The Director may revoke a permit for a violation of this subchapter, conditions of a permit or for failing to submit a report as required, upon written notice to the permittee.

Source

   The provisions of this §  147.559 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611.

Cross References

   This section cited in 58 Pa. Code §  147.551 (relating to general).

§ 147.661. General.

 This section and § §  147.662—147.668 (relating to forestry) provide for permits to be issued to qualified persons to remove deer by shooting on lands under their ownership or control or both if the lands are contained within a properly maintained fence designed to exclude deer.

Authority

   The provisions of this §  147.661 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.661 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

§ 147.662. Application.

 (a)  Application for the deer control permit shall be made through the district wildlife conservation officer on a form provided by the Commission.

 (b)  Applications will only be accepted from persons who have been enrolled in the Commission’s Forest Game Program for at least two hunting seasons immediately preceding their applications; or from persons who have been enrolled in one of the other Commission public access programs (Farm Game Project or Safety Zone - P.1-2-3) for a minimum of 2 years and are currently enrolled in the Program. Applications will also be made available to Managers of Department of Conservation and Natural Resources Lands and Allegheny National Forest Lands, which are open to public deer hunting.

 (c)  An application for a deer control permit shall contain the following information:

   (1)  A copy of a deed, lease or legal agreement showing the applicant to be the owner or have control, or both, of the land to be permitted shall accompany the application.

   (2)  A complete map showing the boundaries of the entire property and the location and boundaries of the fenced exclosure being considered.

   (3)  A statement from the applicant that the land within the exclosure is being managed on a sustained yield basis as defined in §  131.2 (relating to definitions).

   (4)  The names of all individuals who may act under authority of this permit.

   (5)  Certification that the fence will be properly maintained to exclude deer, as designed and intended, for the full length of the permit period.

Authority

   The provisions of this §  147.662 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.662 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

§ 147.663. Fencing.

 Fences shall be inspected and approved by a Commission officer as part of the application.

   (1)  The fence shall form a complete exclosure. Buildings may form a part of the exclosure provided there are no gaps.

   (2)  The fence shall be constructed of woven wire according to the design and specifications approved by the Director, or high tensile electrified wire at least 5 feet high. Woven wire fencing may not have openings larger than 6 inches square. Individual wires on electrified fencing may not be spaced greater than 10 inches apart. Other designs of barrier-type fencing exclosures may be acceptable if the Commission is satisfied the design will exclude deer. Fences constructed after April 4, 2000, shall be woven wire as described in this paragraph to be eligible for a deer control forestry permit.

   (3)  The Commission officer will examine the entire perimeter of the exclosure. If the basic design of the fence, or its state of maintenance, is such that deer can enter the exclosure, the Commission officer will not approve the permit.

   (4)  Gates shall be closed except during actual times of ingress and egress.

   (5)  The applicant shall have made a reasonable effort to drive deer from the exclosure.

   (6)  There shall be a reasonable number of hunter access points along the exclosure. ‘‘Reasonable’’ means a minimum of one point for every 4,000 feet of fenceline or part thereof. Gates used as hunter access points shall have a self-closing mechanism.

Authority

   The provisions of this §  147.663 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2901(b).

Source

   The provisions of this §  147.663 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479; amended January 14, 2005, effective January 15, 2005, 35 Pa.B. 356. Immediately preceding text appears at serial pages (267241) to (267242).

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

§ 147.664. Permit.

 (a)  The deer control permit is subject to annual renewal and shall authorize the permittee or the permittee’s legitimate employes to remove deer from the enclosed property by shooting:

   (1)  Any time between February 1 and September 30, outside the established deer hunting seasons as set by the Commission in §  139.4 (relating to seasons and bag limits for the license year).

   (2)  With any lawful firearm for big game as described in section 2322 (a) of the act (relating to prohibited devices and methods).

   (3)  At any time of the day or night with, or without, an artificial light.

 (b)  The appropriate Commission regional office shall be notified of the date and time of anticipated deer removal.

 (c)  Deer killed shall be reported to the appropriate Commission regional office immediately after killing.

 (d)  For the purposes of this section, ‘‘legitimate employe’’ means an employe of record, one for which the employer deducts taxes or other fees required by any local, state or Federal government and is listed on the permit.

 (e)  A copy of the permit shall be carried by an authorized person when engaged in activities described and presented upon request of an officer of the Commission or person empowered to enforce the act or this part.

Authority

   The provisions of this §  147.664 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.664 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general); and 58 Pa. Code §  147.665 (relating to reporting of deer taken).

§ 147.665. Reporting of deer taken.

 In addition to the requirements of §  147.664(c) (relating to permit), the permittee shall report on a form provided by the Commission, the number of deer killed and other information the Commission deems necessary. The completed report shall be submitted to the district wildlife conservation officer within 5 days after the end of each month while the permit is valid. If no deer are killed, a negative report shall be submitted. Copies of all completed reports shall be forwarded to all Commissioners.

Authority

   The provisions of this §  147.665 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.665 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

§ 147.666. Tagging of deer taken.

 Deer taken under the authority of the permit shall immediately be tagged with a tag provided by the Commission. The tag shall be attached to the head of the deer and may not be removed. Unused tags shall be returned to the district wildlife conservation officer within 5 days of the expiration of the permit.

Authority

   The provisions of this §  147.666 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.666 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

§ 147.667. Carcass handling.

 (a)  The Commission will determine the disposition of all deer killed. Disposition shall be through a food bank, to a needy family, proper disposal by the permittee, or turned over to a Commission officer.

 (b)  Each deer harvested shall have the entrails removed and due care shall be taken with each carcass to preserve the meat for human consumption.

 (c)  Antlers from deer taken under the authority of this permit shall be submitted to the Commission for disposal by the Director.

Authority

   The provisions of this §  147.667 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.667 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

§ 147.668. Violations.

 In addition to penalties provided in the act, the Director may revoke a permit for a violation of this subchapter, conditions of a permit or failure to maintain the exclosure fence.

Authority

   The provisions of this §  147.668 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.668 adopted May 19, 2000, effective May 20, 2000, 30 Pa.B. 2479.

Cross References

   This section cited in 58 Pa. Code §  147.661 (relating to general).

DEER MANAGEMENT ASSISTANCE
PROGRAM PERMITS


§ 147.671. Purpose and scope.

 Sections 147.672—147.676 establish rules for application and issuance of DMAP harvest permits for use on lands enrolled in a DMAP.

Authority

   The provisions of this §  147.671 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.671 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754.

Cross References

   This section cited in 58 Pa. Code §  147.672 (relating to definitions); and 58 Pa. Code §  147.676 (relating to unlawful acts).

§ 147.672. Definitions.

 The following words and terms, when used in this section and § §  147.671 and 147.673—147.676, have the following meanings unless the context clearly indicates otherwise:

   Coupon—The coupon issued by the Commission to approved DMAP areas entitling the holder to one DMAP harvest permit for the DMAP area indicated on the coupon.

   DMAP—Deer Management Assistance Program.

   DMAP harvest permit—The numbered permit which is issued through the Commission’s PALS, authorizing the holder thereof to hunt antlerless deer in a specific DMAP area in accordance with provisions in the act and this part as they pertain to lawfully hunting deer. Each DMAP harvest permit has its own antlerless deer ear tag attached to be used only for tagging an antlerless deer harvested.

   Hunting club—A corporation or legal cooperative which owns its enrolled acres in fee title, was established prior to January 1, 2000, and has provided its club charter and list of current members to the Commission.

   Private land—Land not defined as public land where the hunting rights are not leased or there is no fee charged for hunting.

   Public land—Any land owned or controlled by a Federal or State agency, or municipal political subdivision.

Authority

   The provisions of this §  147.672 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b); amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a) and 2901(b).

Source

   The provisions of this §  147.672 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3716; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3936; amended March 20, 2009, effective March 21, 2009, 39 Pa.B. 1388. Immediately preceeding text appears at serial pages (297382) and (328435).

Cross References

   This section cited in 58 Pa. Code §  147.671 (relating to purpose and scope); and 58 Pa. Code §  147.676 (relating to unlawful acts).

§ 147.673. Eligibility and application for DMAP.

 (a)  Owners or lessees of private land, hunting clubs or authorized officers or employees of political subdivisions or government agencies shall apply for the DMAP on a form provided by the Commission.

   (1)  Applications shall be submitted to a regional office by June 1 immediately preceding the first fall deer season and include the name of the owner, lessee, political subdivision or government agency that is applying for the DMAP and the name and address of the contact person for the DMAP as well as other information required on the application.

   (2)  One DMAP harvest permit will be allocated for every 5 acres of land enrolled in the DMAP where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented. One DMAP harvest permit will be allocated for every 50 acres of land enrolled in the DMAP for all other lands. Additional DMAP harvest permits may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission-approved management plan.

   (3)  Applications will not be accepted for the following areas without an approved management plan:

     (i)   Areas within 1 air mile of another DMAP area that is owned, leased or controlled by the same person, political subdivision or governmental agency.

     (ii)   Areas owned or leased by a Federal agency, State agency or municipal political subdivision.

     (iii)   Areas with less than 5 acres of cultivated crops, fruit trees or vegetables, or less than 50 acres of other lands.

 (b)  Management plans must include at least the following information:

   (1)  A map showing the location and boundaries of the area and the county, township and Commission wildlife management unit the site is located in.

   (2)  A description of the management area delineated on the map in paragraph (1) including the size in acres, cover types (forested or nonforested), principle land uses, huntable areas and safety zones.

   (3)  An explanation of the deer management goals and objectives for the area.

   (4)  An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing the use of DMAP in the area. Area specific information shall be provided that supports the deer management goals and objectives.

Authority

   The provisions of this §  147.673 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b); amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a) and 2901(b).

Source

   The provisions of this §  147.673 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3716; amended March 20, 2009, effective March 21, 2009, 39 Pa.B. 1388; amended April 1, 2011, effective April 2, 2011, 41 Pa.B. 1766. Immediately preceeding text appears at serial pages (342355) to (342356).

Cross References

   This section cited in 58 Pa. Code §  147.671 (relating to purpose and scope); 58 Pa. Code §  147.672 (relating to definitions); and 58 Pa. Code §  147.676 (relating to unlawful acts).

§ 147.674. Issuance of DMAP harvest permits.

 (a)  DMAP harvest permits will be made available without regard to quota limitations and will be issued through the Commission’s PALS.

 (b)  Two harvest permits for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license.

 (c)  Coupon holders shall submit the completed coupons and remittance as determined by the Director. The fee for the harvest permit is $10 for residents and $35 for nonresidents. A fee of $6 will be assessed for the replacement of any DMAP harvest permit.

 (d)  While hunting deer, the DMAP harvest permit shall be possessed by the hunter at all times.

 (e)  In DMAP areas designated by the Director, applicants may apply for DMAP harvest permits without possessing a coupon as long as harvest permits remain available for that area.

Authority

   The provisions of this §  147.674 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b); amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a), 2722(g) and 2901(b).

Source

   The provisions of this §  147.674 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3716; amended January 14, 2005, effective January 15, 2005, 35 Pa.B. 357; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3936; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2976; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2959; amended March 20, 2009, effective March 21, 2009, 29 Pa.B. 1388. Immediately preceeding text appears at serial pages (328436) and (335723).

Cross References

   This section cited in 58 Pa. Code §  147.671 (relating to purpose and scope); 58 Pa. Code §  147.672 (relating to definitions); and 58 Pa. Code §  147.676 (relating to unlawful acts).

§ 147.675. Validity of permit.

 (a)  DMAP harvest permits are valid during open seasons for hunting antlered or antlerless deer.

 (b)  DMAP harvest permits are valid only on the DMAP area indicated on the permit.

 (c)  DMAP harvest permits are valid only to harvest anterless deer.

Authority

   The provisions of this §  147.675 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

Source

   The provisions of this §  147.675 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754; amended August 15, 2008, effective August 16, 2008, 38 Pa.B. 4512; amended March 20, 2009, effective March 21, 2009, 39 Pa.B. 1388. Immediately preceding text appears at serial page (335723).

Cross References

   This section cited in 58 Pa. Code §  147.671 (relating to purpose and scope); 58 Pa. Code §  147.672 (relating to definitions); and 58 Pa. Code §  147.676 (relating to unlawful acts).

§ 147.676. Unlawful acts.

 It is unlawful to:

   (1)  Use, possess or attempt to use or possess more than two DMAP harvest permits for a specific DMAP area in any license year.

   (2)  Use or possess or attempt to use or possess a DMAP harvest permit that was issued to another person.

   (3)  Lend or transfer in any manner whatsoever a DMAP harvest permit to any other person regardless of the purpose.

   (4)  Issue more than two coupons to any person for a specific DMAP area in any license year.

   (5)  Fail to tag any deer taken with a DMAP harvest permit in accordance with provisions of this part and the act relating to tagging big game.

   (6)  Fail to submit harvest report and survey information in accordance with instructions provided.

   (7)  Charge or accept any fee or consideration for a DMAP coupon.

   (8)  Apply for, receive or possess a resident DMAP permit if you are a nonresident.

   (9)  Fail to comply with any other provisions of § §  147.672—147.675.

Authority

   The provisions of this §  147.676 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b); amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a) and 2901(b).

Source

   The provisions of this §  147.676 adopted June 13, 2003, effective June 14, 2003, 33 Pa.B. 2754; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3716; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3936; amended March 20, 2009, effective March 21, 2009, 39 Pa.B. 1388. Immediately preceeding text appears at serial pages (335723) to (335724).

Cross References

   This section cited in 58 Pa. Code §  147.671 (relating to purpose and scope); 58 Pa. Code §  147.672 (relating to definitions); and 58 Pa. Code §  147.804 (relating to general).



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