Gavin Howe
Hunting is a popular activity in Pennsylvania, with the state offering a variety of species and public land for hunters to explore. However, there are strict rules and regulations in place to ensure hunting is carried out safely and legally. The Pennsylvania Game Commission is responsible for enforcing these hunting laws and regulations, but can they enforce hunting trespass laws on private property? The Pennsylvania Supreme Court has heard arguments on this topic, with hunting clubs expressing concerns about game wardens accessing their private property without probable cause or a warrant. The Game Commission has the duty to enforce game laws and protect wildlife, but the question of whether they can do so by entering private property without permission remains under debate.
| Characteristics | Values |
|---|---|
| Hunting on private property | Permission required |
| Hunting without permission on private property | Trespass |
| Hunting without permission on private property, with prior notification from the owner | Criminal trespass |
| Hunting and trapping regulations | Available on the Game Commission's website |
| Hunting and trapping digest | Available for hunters when they buy licenses |
| Tracking wounded game or wildlife after legal hunting hours | Must notify the Central Dispatch Center |
| Reporting a harvest | Hunters and trappers must report to the Pennsylvania Game Commission |
| Interstate Wildlife Violator Compact | Suspension of hunting, trapping, and fishing privileges in member states for illegal activities |
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What You'll Learn
Hunting on private property
The Purple Paint Law (Act 103 of 2019) gives landowners a simple and cost-effective way to keep unwanted hunters off their property. This law allows landowners to paint purple stripes on trees or posts, indicating "no hunting/no trespassing". Hunters who ignore these markings and trespass on private property marked with purple paint are committing a summary offence.
If you are a hunter, it is advisable to always seek permission from the landowner before hunting on private property. Having proof of this permission can be beneficial in case you are questioned by the authorities. Obtaining permission ensures you are not breaking any laws and can avoid legal consequences.
In Pennsylvania, hunting laws and regulations are enforced by the Game Commission, which operates under the Commonwealth of Pennsylvania. The Game Commission provides resources such as the annual hunting and trapping digest, which includes information on season dates, bag limits, licensing requirements, and more. Additionally, the Interstate Wildlife Violator Compact recognizes the suspension of hunting privileges across member states, meaning illegal activities in one state can impact a person's hunting privileges in others.
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Criminal trespass charges
In Pennsylvania, criminal trespass charges can be brought against those who knowingly gain entry by subterfuge (deception) into a building or occupied structure. This is considered a third-degree felony. Second-degree charges relate to gaining entry by force or breaking into a building or occupied structure. A defiant trespasser is one who commits criminal trespass after being explicitly warned by the owner or occupant not to enter the property. They may ignore warnings or use threatening language or motions to gain entry.
If you are convicted of criminal trespass in Pennsylvania, you will face fines, and the offense will be part of your public record. If you are found guilty of other violations of Pennsylvania hunting laws in conjunction with criminal trespass, the penalties can be more stringent, and you may lose your hunting privileges not just in Pennsylvania but in other states as well, due to the Interstate Wildlife Violator Compact.
If you are facing criminal trespass charges in Pennsylvania, it is important to consult with a qualified criminal defense attorney. They can help you understand your rights and responsibilities, as well as devise a defense strategy. Some possible defense strategies include lack of intent, consent, and mistaken identity.
It is also important to note that, as a property owner in Pennsylvania, you have the right to keep people off your property. If someone is trespassing on your property, you can call the game commission or the police to have them removed. You can also post signs to warn potential trespassers, but this is not a requirement.
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Wildlife Violator Compact
The Interstate Wildlife Violator Compact is an agreement that promotes compliance with laws, regulations, and administrative rules related to the management of wildlife resources in member states. It was first created in the 1980s when law enforcement agencies sought a way to deal with individuals violating wildlife and resource laws outside of their home state. The concept was first advanced by member states in the Western Association of Fish and Wildlife Agencies, with law enforcement administrators and Wildlife Commissioners from several states discussing the idea. In 1985, Colorado and Nevada independently developed draft compacts, which were later merged. In 1989, legislation was passed into law in Colorado, Nevada, and Oregon, officially forming the compact.
The compact establishes a process for handling wildlife law violations committed by non-residents in member states. It allows for reciprocal recognition of license privilege suspensions across member states. This means that illegal activities in one state can affect an individual's hunting, trapping, or fishing privileges in all participating states. For example, if a Wisconsin resident has their hunting privileges suspended in Iowa, their privileges may also be suspended in Wisconsin and all other compact states. This process increases efficiency for conservation officers, giving them more time for enforcement duties rather than violator processing procedures.
The compact offers benefits to sportsmen who violate wildlife laws. If a sportsman from a member state violates wildlife laws in another member state, a game warden can issue a citation instead of arresting them and requiring a cash bond. If the sportsman fails to comply with the citation or appear in court, the charging state will notify the sportsman's home state, which will then suspend their resident hunting or fishing license. Once the sportsman complies with the initial violation, their home state will be notified, and their resident license will be reinstated.
To become a part of the compact, a state must pass legislation to join, after which the state's wildlife agency will adopt regulations to implement the membership. Membership requires no additional funding or staffing, but as of 2018, there is a $500 annual membership fee for each state. The state's wildlife agency personnel are typically responsible for entering violators into the compact database.
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Reporting a harvest
In Pennsylvania, hunters and trappers are required to report their harvests to the Pennsylvania Game Commission to aid wildlife management in the state. Here is a guide on how to report a harvest:
Firstly, ensure you have your Customer Identification Number (hunting license number) and field harvest tag ready. If you are authorised to hunt without a license, you must use a homemade tag listing your name, address, game harvested, date, time, WMU, county, and township where it was taken.
Online
You can report your harvest online at HuntFishPA.
By Phone
Call 1-800-838-4431 and follow the prompts. Note that due to high call volume, you may experience delays when reporting.
By Mail
Read the report cards thoroughly before filling them out. Use one report card per animal harvested. You can use the harvest report card contained in the Hunting & Trapping Digest received with your license purchase, or print one out and fill it out with the correct information.
In-Person
If you have harvested a bear or elk, you must, within 24 hours, take the animal, along with your hunting license and bear/elk license, to a Game Commission check station. Bears should be field-dressed before being brought to a check station. Check stations are open during the regular firearms bear season and on select days of the extended seasons. If you are harvesting during the statewide archery bear season or during any early season, contact the appropriate region office for instructions.
Other Reporting Information
- A permitted person taking a bobcat or fisher must report the harvest within 48 hours.
- If you have any reporting questions or concerns, you can contact the centralized dispatch center of the Northeast Region Office.
- If you witness or have knowledge of a poaching violation, you can report it through Operation Game Thief's toll-free 24/7 hotline.
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Interactive maps for hunters
The Pennsylvania Department of Conservation and Natural Resources and the Pennsylvania Game Commission have developed an online, interactive map for outdoor users in the state. While the map was designed with hunters in mind, it also offers a lot of valuable information for non-hunters.
The interactive map adds state game lands to a website that was already popular with hunters and other visitors to state woodlands. The map shows viewers areas of timber harvests, various habitat types, state forest boundaries, and Deer Management Assistance Program areas approved by the commission. Other map overlays include bear check station locations, elk management zones, and normally gated roads that will be opened in the fall.
The website is a valuable tool for hunters seeking prime locations for a variety of game. It also provides hunting season information, deer harvest statistics, and legal hunting hours. Additionally, it features GPS and mapping measurement tools, enabling hunters to find the best routes on state forest lands to areas they may want to hunt or visit.
For those who are not hunters, the map is still a useful tool for planning a visit to state forests or game lands. It provides information on recently opened roads, forestry office contact numbers, and links to weather and prevailing wind information.
Hunters in Pennsylvania should also be aware of the state's hunting laws and regulations. Hunting on private property without permission is considered trespassing, and landowners can take legal action or call the game commission or the police to have trespassers removed. Additionally, hunters can report any suspicious activity or knowledge of poaching violations through Operation Game Thief, a 24/7 anti-poaching program.
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Frequently asked questions
Hunting on private property without permission is illegal in Pennsylvania. If you are caught, the landowner may sue you for trespass and recover money for any damage you caused. They may also call the game commission or the police and have you removed. If you are convicted, you will be fined, and the offense will be part of your criminal record.
The Pennsylvania Game Commission is responsible for enforcing hunting, trapping, and fishing regulations in the state. They also provide information on species, hunting seasons, and licensing requirements.
No, it is illegal to track wounded game after dark in Pennsylvania. If you need to do so, you must call the Game Commission's Central Dispatch Center to obtain permission.
The Interstate Wildlife Violator Compact is an agreement between states that recognizes the suspension of hunting, trapping, and fishing privileges in member states. This means that if your hunting privileges are suspended in one state, they may also be suspended in all other participating states.
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