Pennsylvania Game News - September 2019 - 12

"I believe a substantial portion of bears
are killed through the use of bait," Briggs
noted.
The 10 states that allow baiting during
bear season have up a 25- to 50-percent
success rate, which greatly exceeds Pennsylvania's success rate of 2 to 3 percent
for the more than 160,000 hunters who
pursue bears.

THE LAW
The Game and Wildlife Code of Pennsylvania contains the statutory prohibition
on hunting through the use of bait and
provides guidance in how that law is
applied and the culpability requirements
that must be met for a successful prosecution, Shoup said.
Courts also contend that the hunter
either "knew or reasonably should have
known" that the bait was present for a
conviction to occur.
Why is there no set distance a hunter
must be away from bait, as there is with
safety zones? The courts ruled: "It would
have been impossible for the legislature to
delineate a specific area within which baiting in general could be limited. Animal
habits and geography in the myriad of
possible situations represent variables that
defy reduction to a legislative formula.
The extent of a baited area is defined only
by the capacity of bait placed anywhere in
it to act as an effective lure for the hunter
charged."
This language also is found in federal
case law: U.S. v. Chandler (1985).
While there have been successfully
prosecuted cases where the hunter was
over 800 yards away from the bait, the
majority of cases prosecuted involve
hunters in close proximity to the bait, with
knowledge the bait was present. It often is
placed by the person charged.
Even hunting in a drive through a
12

baited area feasibly could lead to prosecution, however, a hunter would not be
in violation if he or she didn't know bait
was in the area.
If a possible violation is detected, a
game warden's questions aim to determine if the hunter knew, or should have
known, the bait, or bait residue, was there.
If a hunter learns of a baited area, he
or she can alert the local game warden
to seek guidance on if, where and how a
hunter can pursue game in areas near the
baited area.
"If we don't hear about baited areas,
there nothing we can do," emphasized
Indiana County Game Warden Christopher Reidmiller, "and the behavior will
continue unchecked."
If you hunt in the vicinity of people
who feed wildlife on their properties, it's
also wise to check with your local game
warden about your situation.
In some situations, it could be unlawful for neighboring property owners to
intentionally tempt wildlife with food
during hunting seasons. At the very least,
the game warden can provide guidance on
where you can hunt lawfully.
The baiting restrictions of state law aim
to maintain the spirit of ethical hunting so
many generations of Pennsylvanians have
supported and continue to support, as well
as the Commonwealth's ambition to keep
whitetails wild and other game safe.
"An overwhelming majority of Pennsylvanians support lawful hunting and
prefer their wildlife to be as wild as possible," emphasized Game Commission
Executive Bryan Burhans. "It's the way
it's supposed to be.
"Following these crystal-clear edicts
ensures Pennsylvania maintains its ecological integrity and wildlife continues to
receive the stewardship the state constitution demands."
Pennsylvania Game News - September 2019

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