Current through Register Vol. 54, No. 24, June 15, 2024
Section 141.1 - Special regulations areas(a)Name. The areas shall be known and referred to as special regulations areas.(b)Descriptions.(1)Southwest area. Includes the County of Allegheny.(2)Southeast area. Includes the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.(c)Prohibitions.(1)Restricted devices. Notwithstanding the authorizations of §§ 141.22, 141.43-141.45, 141.47 and 141.67, it is unlawful to: (A) Hunt, take, kill or to attempt, aid, abet, assist or conspire to hunt, take or kill any game or wildlife through the use of a firearm that discharges bottle-necked centerfire cartridges or to possess bottle-necked centerfire cartridges or any firearm that is designed to discharge bottle-necked centerfire cartridges while hunting any game or wildlife within any special regulations area.(B) Hunt, take, kill or to attempt, aid, abet, assist or conspire to hunt, take or kill any game or wildlife through the use of a centerfire or muzzleloading firearm or to possess centerfire cartridges or muzzleloading ammunition or any firearm that is designed to discharge centerfire cartridges or muzzleloading ammunition while hunting any game or wildlife within the following parts of the southeast special regulations area: Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County.(3)Restricted feeding. It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities, or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in the southeast special regulations area for the purpose of feeding white-tailed deer, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause white-tailed deer to congregate or habituate an area. If otherwise lawful feeding is attracting white-tailed deer, the Commission may provide written notice prohibiting this activity.(d)Permitted acts. It is lawful to: (6) Hunt or take deer during any deer season through the use of or by taking advantage of bait on private property currently operating under a valid deer control permit where approval for limited baiting activities has previously been obtained under § 147.552 (relating to application). This limited authorization is valid only to the extent that persons comply with the standards and conditions in § 147.556 (relating to lawful devices and methods).(7) Hunt or take deer in the southeast special regulations area during regular open hunting seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only as set forth in this paragraph. (i)Purpose. The purpose of this paragraph is to authorize eligible persons to hunt through the use of or otherwise take advantage of approved bait to enhance the harvest rate of white-tailed deer on private, township or municipal property within the southeast special regulations area where landowners have suffered material damage to their real property and traditional hunting and deer control methods have proven ineffective in controlling local deer populations.(ii)Operation. Landowners and persons they permit to hunt on their property may hunt through the use of or otherwise take advantage of approved bait for the purpose of enhancing the harvest rate of white-tailed deer. This authorization is subject to the following conditions:(A) This authorization only applies during regular open hunting seasons for white-tailed deer in the affected portion of each wildlife management unit located on private, township or municipal property within the southeast special regulations area.(B) A bait site may not be located less than 250 yards from any previously established bait site authorized under this paragraph.(C) Approved bait may be distributed at each bait site by approved feeders from 2 weeks prior to the opening of the first white-tailed deer season through the close of the last white-tailed deer season within the applicable wildlife management unit.(D) Approved feeders are limited to sealed, waterproof, automatic, mechanical feeders that are set to distribute bait up to a maximum of three times per day during legal hunting hours only. The feeder must be visibly tagged or labeled with the full name and address of the landowner or an individual authorized by the landowner to use or place the approved feeder.(E) Bait accumulation at any one bait site may not exceed 5 gallons total volume at any given time.(F) Approved bait is limited to shelled corn and protein pellet supplements.(G) It is the sole responsibility of landowners and persons they permit to hunt on their property to ensure that the area bait site is in compliance with this paragraph prior to hunting in that area.(H) The landowner and persons they permit to hunt on their property may not, under any circumstances, hunt, take, kill or harvest any game or wildlife other than white-tailed deer at the bait site or coming to and from the bait site.(iii)Suspension. The Commission may suspend the operation of any bait site if one or more of the following conditions is determined to exist: (A) The baiting activity is causing conflict with other lawful hunting.(B) The baiting activity is causing public safety hazards.(C) The operation of the baiting site is not in compliance with the requirements of this paragraph.(D) The operation if the baiting site is detrimental to the health and welfare of any wildlife, including white-tailed deer.(E) Chronic Wasting Disease has been detected within 10 air miles of the southeast special regulations area. This suspension may remain indefinitely until the Commission determines that resumption of baiting activities will not create an unreasonable future risk of spreading of the disease on the landscape.(iv)Violations. Violations of this paragraph will be prosecuted under section 2308 of the act (relating to unlawful devices and methods).The provisions of this § 141.1 amended July 6, 1979, effective 9/1/1979, 9 Pa.B. 2265; amended July 10, 1981, effective 7/11/1981, 11 Pa.B. 2493; amended April 30, 1982, effective 5/1/1982, 12 Pa.B. 1396; amended June 19, 1987, effective 7/1/1987, 17 Pa.B. 2464; amended May 25, 1990, effective 7/1/1990, 20 Pa.B. 2752; amended May 3, 1991, effective 7/1/1991, 21 Pa.B. 2009; amended May 28, 1993, effective 7/1/1993, 23 Pa.B. 2565; amended September 6, 1996, effective 9/7/1996, 26 Pa.B. 4339; amended May 26, 2000, effective 5/27/2000, 30 Pa.B. 2601; amended November 17, 2000, effective 11/18/2000, 30 Pa.B. 5960; corrected December 1, 2000, effective 12/2/2000, 30 Pa.B. 6209; amended March 9, 2001, effective 3/10/2001, 31 Pa.B. 1370; amended May 18, 2001, effective 5/19/2001, 31 Pa.B. 2577; amended September 27, 2002, effective 9/28/2002, 32 Pa.B. 4712; amended June 13, 2003, effective 6/14/2003, 33 Pa.B. 2751; amended December 1, 2006, effective 12/26/2006, 36 Pa.B. 7250; amended August 22, 2008, effective 8/23/2008, 38 Pa.B. 4615; amended May 27, 2011, effective 5/28/2011, 41 Pa.B. 2694; amended June 22, 2012, effective 6/23/2012, 42 Pa.B. 3588; amended May 23, 2014, effective 5/24/2014, 44 Pa.B. 3098; amended May 29, 2015, effective 5/30/2015, 45 Pa.B. 2606; amended November 17, 2017, effective 11/18/2017, 47 Pa.B. 7048; amended May 25, 2018, effective 5/26/2018, 48 Pa.B. 3089; amended September 3, 2021, effective 9/4/2021, 51 Pa.B. 5603.The provisions of this § 141.1 amended under 34 Pa.C.S. § 2102(d).
This section cited in 58 Pa. Code § 141.22 (relating to small game seasons); and 58 Pa. Code § 147.556 (relating to lawful devices and methods).