§ 141.20. Protective material required.
(a) General. Except as otherwise provided in subsection (b), it is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material.
(b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for:
(i) Crows.
(ii) Doves.
(iii) Waterfowl.
(iv) Small game under the authority of a valid falconry permit.
(v) Deer during the flintlock muzzleloader season with lawful firearms and ammunition for the flintlock muzzleloader season by properly licensed flintlock muzzleloader hunters.
(vi) Deer during the archery deer season with a bow and arrow or crossbow and bolt by properly licensed archery hunters except as provided in paragraphs (3)(iii) and (4).
(vii) Bear during the archery bear season with a bow and arrow by properly licensed bear hunters except as provided in paragraph (3)(iv).
(viii) Furbearers.
(ix) Coyotes except from the first day to the last day inclusive of the regular firearms deer season, any firearms bear season and spring turkey season within each wildlife management unit.
(x) Turkey during the spring turkey season.
(2) Hunt for woodchucks while wearing a hat made of solid daylight fluorescent orange-colored material on the head only.
(3) Move about or relocate while wearing a hat containing a minimum of 100 square inches of a solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orange-colored material when hunting for:
(i) Turkey during the fall turkey season in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(ii) Deer with a bow and arrow or crossbow and bolt during any deer archery season which is concurrent with the fall turkey season within each wildlife management unit.
(iii) Bear with a bow and arrow during any bear archery season, which is concurrent with the fall turkey season within each wildlife management unit.
(4) Be on stand and stationary while hunting for turkey during the fall season in Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A or deer during any firearms deer season that precedes the regular firearms deer season and in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter’s location so it is visible in a 360° arc.
(5) Hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act and, in lieu of wearing the required 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined, place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind in a manner that it is visible in a 360° arc.
(c) A person who violates this section shall be subject to the penalties as provided in the act.
Authority
The provisions of this § 141.20 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 2101(a), 2102 and 2524; amended under the Game and Wildlife Code, 34 Pa.C.S. § 2102(a).
Source
The provisions of this § 141.20 adopted April 30, 2004, effective July 1, 2004, 34 Pa.B. 2328; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5156; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7249; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2958; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1471. Immediately preceeding text appears at serial pages (330155) to (330156).
Cross References
This section cited in 58 Pa. Code § 143.244 (relating to safety).