Farmers’ Rights and Obligations

8. How do I enroll my property into DMAP?

Farmland will normally qualify for DMAP enrollment if the land is privately owned or leased. The applicant must be able to demonstrate crop or tree damage from deer. Property may be enrolled, regardless of whether it is posted.

• The application must be made each year by July 1.
• Coupons redeemed for DMAP permits are not part of the doe license allocation in any of the Wildlife Management Units (WMUs).
• A person owning/leasing more than one property may obtain DMAP permits for separate properties. If the properties are 1 mile or less apart, separate DMAP permits for each property may be obtained if the properties are being managed under a Commission-approved management plan. (Regulations 147.673(a) and (b))

9. How does the DMAP permit program work?

DMAP coupons are issued to an enrolled property owner/lessee on the basis of one per five acres of cultivated land or one per fifty acres of forestland. Property owners distribute their DMAP coupons to licensed hunters with a current PA resident or non-resident hunting license. Landowners may not charge or accept any contribution from a hunter for a DMAP coupon.

Hunters redeem DMAP coupons for a DMAP antlerless deer permits, paying to the Game Commission the set fee for DMAP permits. Each permit can be used to harvest one antlerless deer on the specific DMAP property.

Unless otherwise restricted by the Game Commission, landowners may issue up to four DMAP coupons to each PA licensed hunter for each DMAP property. The owner of DMAP land must supply each permitted hunter with an approved map of the property. The map must show the property’s boundaries and enable the hunter to stay within the property when using the map.

10. How do hunters redeem a DMAP coupon for DMAP permit?

DMAP coupons may be redeemed for DMAP permits over the counter at any Game Commission PALS (Pennsylvania Automated Licensing System) agent or online at www.huntfish.pa.gov. When redeeming a DMAP coupon for a DMAP permit, the hunter must pay the current fee established for each DMAP permit obtained.

Hunters may obtain up to four DMAP permits for any given property enrolled in DMAP.

11. When are DMAP permits valid for hunting?

DMAP permits are for antlerless deer but may be used during any open antlered or antlerless deer hunting season. Hunters may possess up to four DMAP permits for the property they are hunting when issued by the landowner. DMAP permits may only be used on DMAP property for which they are issued. (Regulation 147.675)

12. What is the Red Tag Program?

Deer Control Permits allow qualified farmers to receive deer depredation permits under the “Ag Tag” program. These permits are distributed directly to licensed hunters by the landowner. Landowners can obtain one sub-permit per five acres of cultivated land unless a wildlife conservation officer deems additional allocations necessary.

In 2022, many changes occurred for this program, including that licensed hunters can be issued up to four Ag Tag permits by a farmer. Further, hunters are no longer required to be Pennsylvania residents; the program is open to all hunters, including those out of state, but only if they have a registered hunting license. Each sub-permit allows a licensed hunter to take one antlerless deer. Permits are valid from February 1 to April 15 and August 1 to September 15, excluding Sundays.

Additional changes include that farmers are no longer required to enroll in the Pennsylvania Game Commission’s Cooperative Farm Game Program (hunter access program) before purchasing their Ag Tag permits. Moreover, it will be the hunter’s responsibility to report Ag Tag permits regardless of harvest success. Red snap tags will be replaced with standard harvest tags, which are issued through HuntFishPA.

(Regulations 147.551 – 147.559)

13. Who may use bait to take game?

Ag Tag applicants from the southeastern Special Regulations Areas (Bucks, Montgomery, Chester, Delaware, and Philadelphia Counties) only may be eligible to obtain approval to engage in limited baiting activities to enhance deer control activities on their properties. Bait for use for hunting or deer control is illegal in all other areas. (Regulation 147.552(b))

15. What are my property rights regarding hunters?

Safety zones: It is unlawful for any person other than the lawful occupant to hunt, trap, pursue, or disturb any game or wildlife within 150 yards around a dwelling, barn or stable without specific advance permission of the occupant. A safety zone of 50 yards is established for archery and crossbow hunting. (GWC – Section 2505)

Property damage: It is unlawful for any person, while hunting game or wildlife or taking furbearers, to cause or assist in causing damage to real or personal property. Also, it is unlawful to leave gates or bars open, break down or destroy fences, or tear down or scatter rail, post, wood or stone piles. It is unlawful to harass, injure, or kill livestock of any kind. (GWC – Section 2509(a))

Hunter trespass: The Game and Wildlife Code prohibits persons from hunting or trapping in any unharvested buckwheat, corn, sorghum, or soybean fields without permission of the owner or person in charge of the property. (GWC – Section 2509(a)(6))

Act 107 of 2019 makes trespassing while hunting a primary offense, which makes it easier for Wildlife Conservation Officer to cite hunters who trespass on private property. A hunter caught trespassing on private property can be charged with a third-degree summary offense, which carries a minimum penalty of $250. In addition, if a hunter defies an order from a landowner to leave, the hunter can be charged with a misdemeanor, which carries a maximum penalty of a $3,000 fine and 6 months jail time. Any person who commits two hunting trespass violations within a seven-year period will face a misdemeanor charge for the second offense and lose the privilege to hunt in Pennsylvania for one year. (GWC – Section 2314 (a) and (c))

A hunter who fails to obtain prior written permission to hunt on private land on the Sundays authorized in Act 107 will face an additional third-degree summary offense with a minimum $250 fine. (GWC – Section 2315)

Littering: It is unlawful for any person, while hunting or trapping, to deposit or leave any garbage, bottles, cartons, glass, paper, or debris other than in a receptacle maintained for that purpose. (GWC – Section 2510(a)(1))

Restrictions on Vehicles: It is unlawful to drive a motor vehicle while hunting or trapping on any cleared land except with the permission of persons in charge of the land. Also, it is unlawful to park a vehicle thus restricting entry to or exit from a person’s property, cattleway, or field. (GWC – Section 2510(a)(2), (3))

Damage to Trees: It is unlawful, while hunting or preparing to hunt for game or wildlife, to cause damage to any trees located on public or private lands as a result of use of a tree stand, unless written permission is given in advance. (GWC – Section 2511)

Landowner Liability: Act 11 of 2007 amended the Recreational Use of Land and Water Act to extend protection to landowners who allow free access for hunting from liability to include any injury to persons or property, “wherever such persons or property are located”. This Act addresses lawsuits for accidents or injuries on or off the property where free access is permitted. In 2018, the Act was further amended to allow limited contributions (entrance fees) if not retained by the landowner and used exclusively for conserving or maintaining the land, paying taxes on the land, or paying liability insurance for the land. (Act 98 of 2018)

16. What is the cooperative Farm-Game Program and what benefits are there for me as a farmer?

The cooperative Farm-Game Program began in 1936. It includes provisions intended to assure farm residents protection against acts no responsible sportsman would condone. Another objective is to provide public hunting opportunities on lands previously closed. A project area is made up of a contiguous group of farms comprising at least 1,000 acres. An agreement is signed by which hunting rights are made available to the Game Commission for five years or more.

• Commission will post safety zone notices or provide signs.
• Cooperator may retain control over trapping of fur-bearing animals.
• Cooperators may be included in pheasant stocking programs when extra birds are available for this purpose.
• Cooperator lands are patrolled by conservation officers, when project areas are being hunted, for protection of life and property.
• Cooperators are furnished vines, shrubs and trees, providing cover for game.
• Commission may cut woodland borders and hedgerows.
• Nest boxes may be provided as available for several species.

17. Additional Resources to Control Damages

USDA APHIS Wildlife Services is a federal agency providing technical assistance and direct management response to resolve wildlife damages through a wide variety of resources.

Fees for programs under Wildlife Services are funded by a combination of federal appropriations and from those receiving services.

Wildlife Services can assist with technical assistance and on the ground programs to control livestock predation, wild bird, and mammal damage to agricultural crops, fruits, vegetables, and nuts. There are specific programs for feral swine, black birds, coyote, and geese, as well as special permits for some species with federal protection.

Contact the Pennsylvania USDA Wildlife Services offices in Harrisburg for further details at 717-236-9451.