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.
147.551a. Definitions.
147.552. Eligibility and application for agriculture deer control permit.
147.553. Agriculture deer control harvest permit.
147.554. [Reserved].
147.555. Antlerless deer only.
147.556. Lawful devices and methods.
147.557. Reporting requirements.
147.558. Tagging requirements.
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.
147.681. [Reserved].
147.682. [Reserved].
147.683. [Reserved].
147.684. [Reserved].
147.685. [Reserved].
147.686. [Reserved].
147.687. [Reserved].
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 and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form and manner required by the Director.
(b) An application for a deer control permit must contain the following information:
(1) Description. A comprehensive description of the background and scope of the white-tailed deer population or damage problem, or both. The description must include a report of all alternative solutions or other steps taken by the applicant to mitigate the white-tailed deer population or damage problem, or both, prior to application for this permit.
(2) Public hunting requirement. The application must specifically define how licensed public hunting for white-tailed deer has been utilized in the problem area and what results hunting activities have had on the population or damage problem, or both. The application must list the name, C.I.D. number and hunter harvest information related to public hunting activities that have previously taken place in the problem area.
(3) Deer management plan. A comprehensive deer management plan which sets forth the applicant’s white-tailed deer management goals, recommended implementation plan and a reference to the specific number of animals sought to be removed. The applicant shall specifically define how licensed public hunting for white-tailed deer will be utilized in the problem area during the term of the requested deer control permit.
(4) Map.
(i) A map or set of maps showing the proposed project area and its boundaries and clearly illustrating all of the following distinct features and areas within the proposed project area:
(A) Land uses.
(B) Cover types.
(C) Areas open to public hunting for white-tailed deer.
(D) Areas damaged by white-tailed deer.
(E) Areas of white-tailed deer congregation.
(F) Applicable safety zones.
(G) Proposed white-tailed deer control areas.
(ii) The map must indicate the individual acreage values for each of the listed features and acres.
(c) Public land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized or waived 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.
(d) For the purposes of this section, the term ‘‘public hunting’’ shall be defined as hunting opportunity that is available, in whole or in part, to members of the general public, but shall not include hunting opportunity that is afforded to an individual or class of individuals solely by virtue of their public employment.
Authority The provisions of this § 147.322 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 103 and 2901(b).
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; amended August 19, 2016, effective August 20, 2016, 46 Pa.B. 5086; amended November 16, 2018, effective November 17, 2018, 48 Pa.B. 7213; amended August 30, 2019, effective August 31, 2019, 49 Pa.B. 4955. Immediately preceding text appears at serial pages (394637) to (394638).
§ 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.
Sections 147.552, 147.553, 147.555—147.559 (relating to agriculture) establish rules for the submission of applications and the issuance of agriculture deer control harvest permits on lands enrolled in the agriculture deer control program.
Authority The provisions of this § 147.551 amended under 34 Pa.C.S.
Source The provisions of this § 147.551 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (328434).
Cross References This section cited in 58 Pa. Code § 147.559 (relating to violations).
§ 147.551a. Definitions.
The following words and phrases, when used in this subchapter shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
Agriculture deer control permit—The permit issued to a qualified person that authorizes its holder to issue harvest permit coupons to aid in the removal of deer by shooting on lands under their ownership or control, or both.
Coupon—The coupon issued by the Commission to the holder of an approved agriculture deer control area permit for distribution to qualified hunters entitling the holder to one agriculture deer control harvest permit for the area indicated on the coupon.
Harvest permit—The numbered agriculture deer control harvest permit issued through the Commission’s Pennsylvania Automated Licensing System (PALS), authorizing the holder thereof to hunt antlerless deer in the area indicated on the coupon. Each harvest permit has its own antlerless deer ear tag attached to be used only for tagging an antlerless deer harvested in the designated area.
Qualified person—An individual defined as a person, as defined in section 2121(c) of the act (relating to killing game or wildlife to protect property). This term also includes political subdivisions as applicants for a conglomeration of separate, but otherwise individually eligible properties located within the jurisdictional boundaries of the political subdivision as set forth in § 147.558a (relating to political subdivisions as applicants).
Authority The provisions of this § 147.551a added under 34 Pa.C.S.
Source The provisions of this § 147.551a added May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066.
§ 147.552. Eligibility and application for agriculture deer control permit.
(a) Application for the agriculture deer control permit shall be made on a form provided by the Commission.
(b) An applicant shall submit 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 covered by the permit.
(c) The applicant shall designate the location and boundaries of the area to be covered by the permit in a manner approved by the Commission.
(d) By default, the Commission will allocate one agriculture deer control coupon for every 5 acres of land that the agriculture deer control permit holder has under cultivation. Applicants may submit a request to the Commission for the issuance of additional coupons. This request must be accompanied by a written deer management plan describing in detail current deer population data and landscape conditions relative to the applicant’s land use goals and objectives. The request must also identify the specific number of additional coupons requested. The Commission, in its sole discretion, may approve a request for the issuance of additional coupons if the applicant’s deer management plan both justifies an increase and such increase does not conflict with the Commission’s broader deer management goals and objectives for any affected Wildlife Management Units.
(e) There is no fee to apply for the agriculture deer control permit.
(f) An agriculture deer control permit holder may not issue more than four coupons to any person, including him/herself, to take deer on the agriculture deer control permit holder’s land enrolled in the agriculture deer control program.
Authority The provisions of this § 147.552 amended under 34 Pa.C.S.
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; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (387159).
Cross References This section cited in 58 Pa. Code § 141.1 (relating to special regulations areas); 58 Pa. Code § 147.551 (relating to general); 58 Pa. Code § 147.558a (relating to political subdivisions as applicants); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.553. Agriculture deer control harvest permit.
(a) Validity. An agriculture deer control harvest permit is valid from August 1 to September 15 and February 1 to April 15 each license year, excluding Sundays, during legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G (relating to hunting hours).
(b) Fee for permit. Coupon holders shall submit a valid, completed coupon and pay the applicable transaction and issuing agent fees to receive a harvest permit.
(c) Hunting license or exemption. A harvest permit will only be issued to a person who possesses a valid Pennsylvania hunting license or qualifies for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) for the property covered by the agriculture deer control permit.
(d) Protective material requirements. A person issued a harvest permit shall comply with the protective material requirements of § 141.20(a) (relating to protective material required) at all times while engaged in activities authorized by the permit.
(e) Possession of permit. A person issued a harvest permit shall possess the permit at all times while engaged in activities authorized by the permit.
Authority The provisions of this § 147.553 amended under 34 Pa.C.S.
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; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial pages (387159) to (387160).
Cross References This section cited in 58 Pa. Code § 147.551 (relating to general); 58 Pa. Code § 147.556 (relating to lawful devices and methods); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.554. [Reserved].
Authority The provisions of this § 147.554 amended under 34 Pa.C.S. § § 2102 and 2901(b); deleted under 34 Pa.C.S.
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; deleted May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (387160).
§ 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 § 131.2 (relating to definitions).
Authority The provisions of this § 147.555 amended under 34 Pa.C.S.
Source The provisions of this § 147.555 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (361993).
Cross References This section cited in 58 Pa. Code § 147.551 (relating to general); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.556. Lawful devices and methods.
(a) Devices. A person issued a harvest permit is 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 seasons).
(b) Methods. A person issued a harvest permit for an agriculture deer control area in the southeast special regulations areas is authorized to hunt or take deer through the use of or by taking advantage of bait in the manner set forth in § 141.1(d)(7) (relating to special regulations areas).
(c) Further restrictions. An agriculture deer control permit holder may further restrict the use of devices and methods authorized under this section on lands under the agriculture deer control permit holder’s ownership or control, or both.
Authority The provisions of this § 147.556 amended under 34 Pa.C.S.
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; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (361993).
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 § 147.559 (relating to violations).
§ 147.557. Reporting requirements.
A person issued an agriculture deer control harvest permit shall report either a positive or negative harvest report, whichever is applicable, on a form provided by the Commission by April 30 each year.
Authority The provisions of this § 147.557 amended under 34 Pa.C.S.
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; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial pages (361993) to (361994).
Cross References This section cited in 58 Pa. Code § 147.551 (relating to general); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.558. Tagging requirements.
A person who harvests a deer under the authorization of a harvest permit shall tag the deer in accordance with the requirements of section 2323(a)(1) of the act (relating to tagging and reporting big game kills).
Authority The provisions of this § 147.558 amended under 34 Pa.C.S.
Source The provisions of this § 147.558 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (361994).
Cross References This section cited in 58 Pa. Code § 147.551 (relating to general); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.558a. Political subdivisions as applicants.
(a) Eligibility. Political subdivisions are authorized to apply for an agriculture deer control permit under this subchapter for the limited purpose of managing the agriculture 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 applying for an agriculture deer control permit are responsible for the collection and submission of the application records required under § 147.552 (relating to eligibility and application for agriculture deer control permit) 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); amended under 34 Pa.C.S.
Source The provisions of this § 147.558a adopted November 27, 2009, effective November 28, 2009, 39 Pa.B. 6767; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial pages (361994) and (356421).
Cross References This section cited in 58 Pa. Code § 147.551 (relating to general); 58 Pa. Code § 147.551a (relating to definitions); and 58 Pa. Code § 147.559 (relating to violations).
§ 147.559. Violations.
(a) It is unlawful to:
(1) Use, possess or attempt to use or possess more than four agriculture deer control harvest permits for a specific agriculture deer control area in any permit year.
(2) Use or possess or attempt to use or possess agriculture deer control harvest permit that was issued to another person.
(3) Lend or transfer an agriculture deer control harvest permit to any other person regardless of the purpose.
(4) Issue more than four coupons to any person for a specific agriculture deer control area in any permit year.
(5) Fail to tag any deer taken with an agriculture deer control 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 coupon.
(8) Fail to comply with any other provisions of § § 147.551—147.553 and 147.555—147.558a (relating to agriculture).
(b) The Director may revoke a permit for a violation of this subchapter upon written notice to the agriculture deer control permit holder.
Authority The provisions of this § 147.559 amended under 34 Pa.C.S.
Source The provisions of this § 147.559 adopted October 27, 1995, effective October 28, 1995, 25 Pa.B. 4611; amended May 27, 2022, effective November 1, 2022, 52 Pa.B. 3066. Immediately preceding text appears at serial page (356421).
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 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.
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 34 Pa.C.S. § 2901(b); amended under 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; amended August 26, 2022, effective August 27, 2022, 52 Pa.B. 5472. Immediately preceeding text appears at serial pages (363690) and (400757).
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 are eligible to make application for a DMAP.
(1) Applications shall be submitted on a form provided by the Commission to a regional office by July 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.
(iv) Collective areas comprised of distinct, privately-owned and publically-owned lands managed by a local political subdivision or government agency applicant.
(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.
(c) Upon approval of the application, the location and boundaries of the area shall be designated in a manner approved by the Commission.
(d) Approved applicants will receive one coupon for each DMAP permit the DMAP area is entitled to. In DMAP areas designated by the Director, DMAP harvest permits may be made available directly through authorized issuing agents without coupons being issued.
Authority The provisions of this § 147.673 issued under 34 Pa.C.S. § 2901(b); amended under 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; amended March 14, 2014, effective March 15, 2014, 44 Pa.B. 1432; corrected June 26, 2015, effective June 4, 2011, 45 Pa.B. 3362; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2612; amended May 21, 2021, effective May 22, 2021, 51 Pa.B. 2947. Immediately preceeding text appears at serial pages (401543) to (401544).
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) Four harvest permits for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license, except for those DMAP areas designated by the Commission that will remain at a maximum of two harvest permits per person.
(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; amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2273. Immediately preceeding text appears at serial pages (387162) and (392125).
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).
§ 147.681. [Reserved].
Authority The provisions of this § 147.681 issued under the Game and Wildlife Code, 34 Pa.C.S. § 2102(a); reserved under the Game and Wildlife Code, 34 Pa.C.S. § § 2012(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.681 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2606; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial page (388094).
§ 147.682. [Reserved].
Authority The provisions of this § 147.682 issued under the Game and Wildlife Code, 34 Pa.C.S. § 2102(a); reserved under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.682 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2606; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial pages (388094) to (388095).
§ 147.683. [Reserved].
Authority The provisions of this § 147.683 issued under 34 Pa.C.S. § 2102(b); reserved under 34 Pa.C.S. § § 2102(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.683 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2606; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial pages (388095) to (388096).
§ 147.684. [Reserved].
Authority The provisions of this § 147.684 issued under 34 Pa.C.S. § 2102(b); reserved under 34 Pa.C.S. § § 2102(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.684 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial pages (388096) to (388097).
§ 147.685. [Reserved].
Authority The provisions of this § 147.685 issued under 34 Pa.C.S. § 2102(b); reserved under 34 Pa.C.S. § § 2102(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.685 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial page (388097).
§ 147.686. [Reserved].
Authority The provisions of this § 147.686 issued under 34 Pa.C.S. § 2102(b); reserved under 34 Pa.C.S. § § 2102(a) and 2308(a)(8) and (b)(2)(iii).
Source The provisions of this § 147.686 adopted May 23, 2014, effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; reserved May 25, 2018, effective May 26, 2018, 48 Pa.B. 3089. Immediately preceding text appears at serial page (388097).
§ 147.687. [Reserved].
Authority The provisions of this § 147.687 issued under 34 Pa.C.S. § 2102(a); reserved under 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.687 adopted May 23, 2014, effective July 1, 2014, and expire and rendered void on June 30, 2017, unless the Commission further authorizes the legal effectiveness prior to this termination date, 44 Pa.B. 3098; reserved August 25, 2017, effective August 26, 2017, 47 Pa.B. 4984. Immediately preceding text appears at serial page (376944).
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