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Sport
John Hayes

A shot in the dark is now legal when hunting furbearers in Pennsylvania

The big buck had been sighted on trail cams for two years. Joe Pascone of Monroeville passed on the deer when it had eight points in 2018. Only his family is permitted to hunt on the posted property in Westmoreland County and he was certain one of his teenage sons would drop the deer with an arrow when it bulked up and its rack grew.

"The last time we saw it on camera was in late September 2019," said Mr. Pascone. "It had 11 points."

The big deer was killed a month later. The landowner said he heard a single gunshot at about 11 p.m., and in the morning found tire lanes and a puddle of blood in his field.

"Some damned poacher," said Mr. Pascone. "That deer should have gone to one of my sons. We grew it. We posted the property for (the landowner), planted a food plot, hung tree stands, set up cameras. What do I tell my kids now about wildlife conservation and building friendships with farmers?"

When Mr. Pascone heard months ago that the state legislature was poised to legalize night-vision optics for the hunting of furbearers, he grew even more frustrated.

"If people are criminal enough to trespass and jacklight a deer, they won't think twice about using a night-vision scope," he said. "This is just going to make it easier for them."

House Bill 1188, which Gov. Tom Wolf signed into law July 1, could make it easier for hunters to put a dent in the state's coyote population, which is at capacity level. Previously, it was unlawful to use "any device as a sight or scope on any firearm, bow or crossbow that projects a light beam of any kind onto the target." Act 41 removes the restriction on the use of handheld and sporting-arm mounted infrared, thermal and similar night vision optics for hunting as regulated by the state Game Commission.

Soon after it became law, the Game Commission board directed the Bureau of Wildlife Protection to review data from other states that permit the use of night-vision optics. Finding no safety concerns regarding their use for hunting furbearers, commissioners settled on the regulation's language, gave it preliminary approval in July and are expected to make it official.

"Assuming they stay united on this, we could see new scopes available for furbearer hunting this season," Travis Lau, Game Commission spokesman, said.

The agency classifies coyotes, foxes, raccoons, opossums, striped skunks, weasels, porcupines and bobcats as furbearers. Most are considered varmints, too, and some are predators. Furbearer hunting regulations are generally liberal. If approved, night optics could be used only during legal furbearer hunts.

There is no closed season for coyotes and no bag limit, but hunters are required to have a hunting or furbearer license. There is no closed season and no limits for opossum, skunks and weasels. Foxes and raccoons may be hunted Oct. 24-Feb. 20 with no bag limit. Regulated in the furbearer category, porcupines are legal to kill Oct. 10-Jan. 30 (three daily, season limit 10). To control the expanding population of bobcats, Pennsylvania's only confirmed wild feline may be hunted in some wildlife management units Jan. 9-Feb. 3 with one harvest per season.

For years furbearer hunters have pushed for legalization of modern night optics, which greatly improve the safety of taking a shot in the dark.

"In the days since HB 1188 became law, the Board of Commissioners has been flooded with comments asking us to move forward with adopting regulations permitting the use of night vision equipment," said Charlie Fox, Game Commission board president, in a statement released before the vote. "We are confident that the use of this equipment will provide predator hunters an additional tool in their toolbox, one that will allow them to be efficient and safe when hunting predators."

In a memorandum attached to the bill that he sponsored, state Rep. Parke Wentling, R-Erie, said he had aimed his night-vision optics bill at coyotes.

"The use of this equipment would greatly benefit predator hunters here in the commonwealth in helping to control populations of predator species, especially coyotes, whose population numbers continue to increase regardless of the fact that they can be hunted 24 hours a day, nearly 365 days a year," he said prior to the bill's passage. "Predator populations must be kept in check to help protect livestock, pets, personal property and further help ensure the personal safety of our constituents."

Commissioners stipulated that electronic hand-held and firearm-mounted night-vision and infrared optics that project a beam may be used "solely for furbearer hunting." Mr. Lau noted that night viewing technology has long been legal in the state for non-hunting use.

"These devices are available now," he said. "If somebody is going to illegally use it to take a deer or whatever the species might be, they can do it already. This doesn't change that."

Some high-tech hunting accessories that are otherwise legal could warrant a violation for a well-meaning hunter. High-end digital scopes that include a built-in rangefinder, high-definition camera, live-streaming video, Bluetooth communication or internal ballistics calculators may also come with beam-emitting night vision capabilities. A deer hunter couldn't simply turn off the night-vision feature on his expensive new scope.

"There's no honor system where a hunter could just not use it," said Mr. Lau. "Night vision is specifically for the furbearer hunter."

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