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Night Track and Flashlights

I didn't want to jump in the drone thread, but was wondering where did some of you come up with the tracking after dark is illegal? **other than it was said by the warden witnesses in the drone case.

Also, where did the illegal LED flashlight come from? Not looking to fight anyone, just never heard anything like those 2 topics before.

"The act of tracking an animal is considered "hunting" by the PGC."

What I'm asking is where did you guys come up with this, other than hearing a warden saying it on the stand in drone case?

Jethro, It's spelled out in Title 34 - the legislation that dictates what the PGC does and how it does it. However Title 34 is an old document and can be open to interpretation.

Here is the section on lights.

§ 2310. Unlawful use of lights while hunting.

(a) General rule.--Except as set forth in subsection (b), it is unlawful for any person or group of persons to engage in any of the following activities to any degree:

(1) Cast the rays of an artificial light of any kind on any game or wildlife or in an attempt to locate any game or wildlife while on foot, in any vehicle or its attachments, or any watercraft or any airborne craft while in possession of a firearm of any kind, or a bow or arrow, or any implement or device with which any game or wildlife could be killed or taken even though no game or wildlife is shot at, injured or killed.

There is more but this pertains to our discussion. One exception noted in the law is hunting for furbearers where you can use a self-contained light at night.

No one has ever heard of this before until the drone issue started. That's why there's all the chaos. Most believe they made it up to stop the use of drones for now. To my knowledge its never been listed in the laws and regulations.

bentarrow, while I don't know if it has ever been enforced clearly it is in the law, not made up. It's time for the legislature to review Title 34 and bring it into modern times.

fixedblade, most bills the legislature writes, both in PA and the federal government, are full of ambiguities and missing specifics. That's what keeps the courts and lawyers busy. The light issue is in law but open to questions and interpretation. As far as the definition of hunting, here is how it is defined in Title 34 - "Hunt" or "hunting." Any act or furtherance of the taking or killing of any game or wildlife, or any part or product thereof, and includes, but is not limited to, chasing, tracking, calling, pursuing, lying in wait, trapping, shooting at, including shooting at a game or wildlife facsimile, or wounding with any weapon or implement, or using any personal property, including dogs, or the property of others, of any nature, in furtherance of any of these purposes, or aiding, abetting or conspiring with another person in that purpose.

Recovering deer or other game on Sundays could be prohibited unless it is a Sunday open to hunting. Otherwise it would our of season, much like tracking deer after legal shooting hours have ended. Again, I don't know if it has ever been enforced.

You are correct but the concerns now are why they are being enforced. Most think its because of the drone issues.

"Think he's more concerned about why all of a sudden "tracking" is now considered hunting. Which isn't listed in any reg. book. "

Tracking has always been defined in the law. It may not be in the booklet we get with our license but that booklet does contain a disclaimer that " This digest is not the Game & Wildlife Code or its attendant regulations and should not be considered final on legal interpretation...."

It provides a link to the PGC website where the law can be viewed in full. I attached the link here.

The reason, I'm asking, is because the way I interpret the definition of hunting that you posted above, is that it doesn't include tracking a wounded animal. I fully realize I'm splitting hairs here, but to the way I read it (paraphrasing) having a plan and carrying out the plan in an attempt to shoot/kill animal. Which you wouldn't be doing tracking at night, most certainly if you don't have a weapon.

Just to further explain my thinking. The reg book does say "Hunters tracking wounded game or wildlife after legal hunting hours, or closed season days, must central dispatch center." Seems odd to me that the book would give procedure on how to carry out an illegal act.

Appreciate the replies. Again, I simply found it interesting and didn't necessarily see it the way others did. I had never seen the lighting rules you put up. Reading the actual verbiage in Title 34 seems to make more questions than answer them.

Also, FYI I didn't listen to drone case. So I don't know what exactly was said. I'm against drone use, but not strongly enough to listen to case or jump in the drone thread.

Jethro - " I fully realize I'm splitting hairs here..." You aren't alone. It's unfortunate that legislation is most times written by staffers that have little or no practical experience in the area they are trying to legislate. Even when they have some knowledgeable or expert opinion to include it often gets misrepresented or misused.

I don't have an opinion on drones used to recover game. I think they are cool gadgets but haven't really thought a lot about whether or not they are good or bad for game recovery.

This is taken from pg.17 of the 2023-2024 Hunting Digest.

"INJURED WILDLIFE/WOUNDED GAME It is not legal to kill or “put out of its misery” any injured wildlife. This includes wildlife injured on roadways or initially wounded during legal hunting hours and seasons. Hunters who track wounded game or wildlife after legal hunting hours, or closed season days, must notify the Central Dispatch Center. The Dispatch Center will contact the appropriate game warden. Any other wildlife found to be sick or injured should be reported to the Dispatch Center (1-833-PGC-WILD) as soon as possible."

I was told by a game warden many years ago that tracking a downed animal at night is legal as long as the hunter doesn't carry a hunting weapon and notifies the local warden so he is aware of the situation. It is illegal to not make every reasonable effort to recover a downed animal.

Cops are even supposed to get permission before dispatching an injured deer along the highway, as far as I know. I always shot first and asked questions later. They don't even show up to pick the carcass up anymore.

"I was told by a game warden many years ago that tracking a downed animal at night is legal as long as the hunter doesn't carry a hunting weapon and notifies the local warden so he is aware of the situation. It is illegal to not make every reasonable effort to recover a downed animal."

Not according to the language in the laws and regs. Unfortunately, the PGC chose to bring this issue to the forefront to help win their drone case. Typically, the PGC never enforced the law when it came to after hours tracking and recovery. Just like they never enforced laser rangefinders being illegal.

"Not according to the language in the laws and regs"

But it is in the regs as legal. Doesn't say anything about carrying or not carrying a weapon. One of the reasons I started this thread.

"But it is in the regs as legal. Doesn't say anything about carrying or not carrying a weapon. One of the reasons I started this thread."

It does not say it is legal. It says to contact the regional office if you plan to track and/or recover at night. That is why those specific instructions are there to avoid potential issues if a warden comes upon the scene.

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