Pennsylvania Deer Baiting Regulations
Pennsylvania maintains a somewhat complicated legal approach to the act of deer hunting and conservation, and one of it’s inherent practices is that hunters may bait deer. The act of baiting is important to the hunting community because the practice of placing food to draw in deer is often the primary method by which an individual will trap their animal.
But deer baiting laws are not often the same state to state, and hunters must be aware of how the laws vary between jurisdictions, especially during hunting season.
The Pennsylvania Code specifically prohibits the use of bait on multiple occasions. In Section 141.4(a)(1) and (5), there is a strict ban on the use of bait and baiting in the act of hunting deer. The regulations defines bait as "any food for animal consumption." That definition would presumably include grain, corn, fruit, vegetables, berries, hay, molasses, salt, and any object to which such food stuffs have been attached or upon which they have been placed.
The prohibition on bait and baiting is somewhat more comprehensive than other jurisdictions. In New Jersey , for example, the use of bait or baiting purposes is prohibited only from the end of February until the beginning of autumn (when Archery Season usually begins).
A recent amendment to the Pennsylvania law will potentially shift how the practice is regulated. The amendment codifies a process to seek a permit to use bait. The law in its current wording specifies a $200 fine for "unlawfully using or permitting the unlawful use of bait or attractive materials for the purpose of taking or attempting to take deer." The fine, however, may be lifted if a court determines that either the declaration of the law was a mistake or the defendant did not have reasonable knowledge of the requirements. The law would now look to significantly restrict the offense, end the current mandatory fine, and allow for the issuance of a permit authorizing the act (the law currently reads as though no hunter may ever engage in the practice of baiting deer for hunting purposes).
Deer Baiting Exceptions
In certain areas of Pennsylvania, there may be specific exceptions to the rule that generally prohibits the baiting of deer. For example, during the regular firearms deer season in Wildlife Management Unit 2D (which includes parts of Allegheny County), baiting deer is allowed in accordance with a permit obtained from a ministerial officer. The application for such a permit must state the number of acres, the type of feed and where it will be placed on the property. It also lists the names of persons who will participate. Each gun deer license must have a copy of the permit to be eligible for the DMAP tag.
Illegal Deer Baiting Penalties
Baiting deer is illegal in Pennsylvania. In fact, the Game and Wildlife Code imposes significant penalties for illegally taking deer using bait. Since 2005, the penalty for killing a deer when it is drawn to the hunter by bait or an attractant, or at any place where bait or an attractant has been deposited or scattered, is $1500.00.
Any hunter that is caught baiting deer may also be issued several citations and brought before the local magisterial District Court on charges that include: Notably, 50 Pa.Code Chapter 147.5 prohibits the following: The term "attractant" is defined as "a substance such as a food material, scent or other chemical agent used to entice a wild animal to a likely point of contact with an arrow or projectile fired from a bow or firearm, or a projectile discharged from a shotgun shell containing hard shot."
A person who violates these offenses may be penalized by a fine or imprisonment for a term up to the maximum set forth in the relevant statute for the specific offense. According to 18 Pa.C.S. § 109, a second degree misdemeanor is generally punishable by one (1) year of imprisonment and/or a $2,500 fine; while a summary offense is punishable by up to 90 days imprisonment and/or a $300 fine.
In addition to the serious criminal penalties, hunters will also face the mandatory measure of justice as set forth in 34 Pa.C.S. § 2507.5. In addition to any other penalty, any person convicted under the Game and Wildlife Code for any violation relative to the unlawful taking or killing of deer shall be guilty of a summary offense. Such a person shall, in addition to the penalty of any fine imposed, pay a restitution fee established by the commission.
Such fees are set at $1,500.00 per deer, with reduced fees for female deer. The deer had to have been taken, killed, or possessed unlawfully. If a person possesses six (6) or more deer, the person will be liable for a restitution fee of $9,000.00. If the deer were illegally shot or killed, the restitution fee in addition to any fine is as follows: If a person possesses or illegally takes six (6) or more deer killed illegally, the person shall be fined up to $9,000.00.
Deer Hunting Ethics
While there are legislative and regulatory considerations to keep in mind when deciding whether to hunt deer at a bait pile, there are also ethical considerations that hunters and landowners alike should weigh. Some hunters choose to avoid the practice of deer baiting altogether.
A 2012 article by Penn State Cooperative Extension outlines some potential negatives of hunting over bait. It states that hunting over bait may…
may cause significant environmental changes, such as soil erosion and compaction, where the bait is located;
cause problems for the landowner or damage to his/her property;
concentrate deer at the bait site , making hunters question how "fair" the hunt is, and leading to the belief that it will spoil fair chase hunting;
give observers the wrong idea about what hunters are doing, especially as a younger generation becomes involved in hunting;
make it easier for deer to spread diseases, including chronic wasting disease; and
alter deer behavior and effectiveness of deer repellents, because deer know where they can find food.
These concerns have led Pennsylvania State Wildlife Conservation Officers to advise landowners that if they are not already using a baiting procedure to manage deer numbers, they would be better off not starting to use deer bait to attract deer.
Other Ways To Successfully Hunt Deer Without Bait
Hunters in Pennsylvania and elsewhere looking for a productive hunting experience may consider alternatives to baiting that are legal and effective. So how do hunters attract deer legally? The Pennsylvania Game Commission recommends hanging stinky deer scents, which are sold in hunting outfitters and sporting goods stores, on a drag or a tree. This will attract nearby deer by smell, causing them to follow the scent in the hopes of what could be a potential food source . An alternative to baiting in areas where deer are overpopulated is the use of archery equipment. Area deer must be controlled, and this equipment enables hunters to remove excess deer on land that is not large enough for a shotgun or rifle. Other alternatives to baiting to attract deer are the use of deer calls and rattling horns. By considering these legal alternatives to baiting, hunters can have a successful Pennyslvania hunting season.