PRINTER'S NO. 1989
No. 1652 Session of 1977
INTRODUCED BY LETTERMAN, MILLIRON, YAHNER, CASSIDY, BENNETT,
ARTHURS, FEE AND RENWICK, SEPTEMBER 27, 1977
REFERRED TO COMMITTEE ON GAME AND FISHERIES, SEPTEMBER 27, 1977
AN ACT
1 Amending the act of June 3, 1937 (P.L.1225, No.316), entitled
2 "An act concerning game and other wild birds and wild
3 animals; and amending, revising, consolidating and changing
4 the law relating thereto," further prohibiting the sale by
5 any person of any license for a fee in excess of the fee
6 established by law; providing penalties for violations of
7 license fee requirements; authorizing three-day licenses to
8 residents of the Commonwealth to hunt on regulated shooting
9 grounds and increasing the issuing agent's fee for issuing
10 such licenses.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 302 and 303, act of June 3, 1937
14 (P.L.1225, No.316), known as "The Game Law," amended October 21,
15 1975 (P.L.431, No.122), are amended to read:
16 Section 302. Resident License Fees.--Each such resident as
17 defined in sections 101 and 301, upon application made, in
18 writing, to an agent authorized to issue such licenses within
19 the Commonwealth, and upon presentation of proof by the
20 applicant that he or she is a resident of this Commonwealth as
21 previously defined in this act by producing a current
22 Pennsylvania motor vehicle registration card, or tax receipts
1 evidencing payment of State income tax, earned income tax or
2 other local taxes pursuant to the act of December 31, 1965
3 (P.L.1257, No.511), known as "The Local Tax Enabling Act," or
4 some other positive means of verifying residency, and the
5 establishment of his or her identity to the satisfaction of the
6 authority issuing the license, unless any such person has been
7 disqualified for a license in the manner hereinafter specified,
8 and the payment to said agent or the commission of eight dollars
9 and twenty-five cents ($8.25) except as hereinafter provided for
10 certain minors and older persons, shall be entitled to a
11 resident hunter's license and a tag with the number of the
12 license thereon, which shall entitle the holder to hunt or trap
13 for all wild birds and wild animals which may legally be hunted
14 or trapped in this Commonwealth. Residents with the above
15 qualifications, who are between the ages of twelve and sixteen
16 inclusive or who are sixty-five years of age or more at the time
17 of application, shall be entitled to a resident hunter's license
18 and tag upon payment to said agent or the commission of, in the
19 case of persons sixty-five years of age or more, five dollars
20 and twenty-five cents ($5.25) and, in the case of persons
21 between the ages of twelve and sixteen, five dollars and twenty-
22 five cents ($5.25). The application for the issuance of a
23 license in such cases shall, in addition to the other
24 information required, give the date of birth of the applicant.
25 Any resident disabled veteran of any war whose disability
26 consists of the loss of one or more limbs or the loss of the use
27 of one or more limbs, or who presents a physician's certificate
28 of total or one hundred per cent disability, and who meets the
29 above qualifications shall be issued such license upon
30 application to any county treasurer without the payment of the
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1 above license fee provided for the use of the Commonwealth. The
2 application for the issuance of a license in such case shall in
3 addition to the other information required, contain a statement
4 that the applicant is a war veteran and that his disability was
5 service incurred. The county treasurer may likewise require of
6 such applicant the production of such applicant's discharge
7 papers.
8 It shall be unlawful for any person to sell or attempt to
9 sell any resident hunting license for a monetary fee in excess
10 of the fees fixed pursuant to the provisions of this section.
11 The sale or attempted sale of each license shall constitute a
12 separate offense.
13 Section 303. Nonresident Hunting License Fees.--Every
14 nonresident of this Commonwealth, upon application made, in
15 writing, to any agent authorized to issue such licenses, or to
16 the commission, unless any such person has been disqualified for
17 a license in the manner hereinafter specified, and upon payment
18 to said agent or commission of forty dollars and thirty-five
19 cents ($40.35) shall be entitled to the license herein
20 designated as a Nonresident Hunter's License and a tag with the
21 number of the license thereon, which shall entitle the holder to
22 hunt for all wild birds and wild animals which may legally be
23 hunted in this Commonwealth, until the close of the license
24 year. Other licenses valid for use by nonresidents shall be as
25 follows:
26 Nonresident trapper's license which shall be issued only upon
27 application to the Commission in Harrisburg and which shall be
28 effective for the same period as hunters' licenses shall entitle
29 the holder to take through the use of traps or deadfalls only
30 wild birds and wild animals which may legally be trapped in this
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1 Commonwealth, except beavers, forty dollars ($40). Nothing in
2 this clause shall be construed to prohibit the holder of a
3 nonresident trapper's license from using a sidearm or a rifle
4 not larger than a .22 rimfire caliber to kill legally caught
5 birds and animals.
6 It shall be unlawful for any person to sell or attempt to
7 sell any nonresident hunting license for a monetary fee in
8 excess of the fees fixed pursuant to the provisions of this
9 section. The sale or attempted sale of each license shall
10 constitute a separate offense.
11 Section 2. Section 303.1 of the act, amended December 10,
12 1970 (P.L.896, No.282) and December 6, 1972 (P.L.1453, No.327),
13 is amended to read:
14 Section 303.1. Three-Day Licenses to [Nonresidents to] Hunt
15 on Regulated Shooting Grounds.--[Every person,] Residents and
16 nonresidents of the Commonwealth twelve (12) years of age or
17 upward, upon application in writing to the authorized agent, in
18 such form as the commission may prescribe, and [the presentation
19 of proof that he or she is a nonresident of the Commonwealth or
20 an unnaturalized person of foreign birth who presents proof of
21 legal entry into the United States, shall,] upon [the] payment
22 to the issuing agent of three dollars ($3.00), for the use of
23 the commission, and [fifteen cents ($.15),] twenty-five cents
24 ($.25), for the use of the county if the issuing agent is the
25 county treasurer, otherwise for the use of the issuing agent,
26 shall be entitled to the license, herein referred to as a
27 "Three-Day Special Regulated Shooting Ground License," which
28 shall be valid for a period of three (3) consecutive days,
29 Sundays excluded. [and] Such license shall entitle the holder
30 thereof to hunt for, take or kill, on lawfully operated
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1 regulated shooting grounds, [all wild birds and wild animals
2 which may be legally hunted, taken or killed in this
3 Commonwealth on such grounds, and to participate in a shoot held
4 thereon, under a regulated shooting grounds permit.] only those
5 species of birds which the regulated shooting grounds permittee
6 has released thereon which shall be limited to pheasants,
7 bobwhite quail of the subspecies approved by the commission,
8 chukar partridges, and domestically propagated mallard ducks.
9 A tag or button, in such size and form as the commission may
10 determine, shall be issued with each license, which tag or
11 button the licensee is required to wear in plain view on an
12 outer garment at all times while using it, in such a manner that
13 the tag or button and the numerals thereon is plainly visible.
14 The holder of such license shall be subject to the restrictions
15 and requirements of all laws and regulations of the commission,
16 now in force or hereafter adopted, and to the penalties
17 prescribed for violation thereof.
18 Upon filing an appropriate bond, with corporate surety, in
19 the sum of one thousand dollars ($1000), approved by the
20 Department of Justice, the permittees of regulated shooting
21 grounds, or an officer of a corporate permittee, who, for that
22 purpose, are hereby made agents of the commission, shall be
23 authorized to issue Three-Day [Nonresident and Alien] Special
24 Regulated Shooting Ground Licenses as hereinbefore described.
25 Each issuing agent shall keep a record and make monthly
26 reports and remittances in the form and manner and at the time
27 prescribed by sections three hundred ten and three hundred
28 eleven of The Game Law.
29 [Nothing herein contained shall prevent holders of
30 nonresident and alien hunting licenses from hunting on regulated
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1 shooting grounds by requiring them to obtain an additional
2 license as prescribed above.]
3 It shall be unlawful for any person to sell or attempt to
4 sell any Special Regulated Shooting Ground License for a
5 monetary fee in excess of the fees fixed pursuant to the
6 provisions of this section. The sale or attempted sale of each
7 license shall constitute a separate offense.
8 Any person who is properly licensed to hunt within this
9 Commonwealth in accordance with the provisions of section 302 or
10 303 of this act whichever the case may be, shall be excluded
11 from the necessity of obtaining a Three-Day Special Regulated
12 Shooting Ground License.
13 Section 3. Section 321 of the act, amended April 14, 1976
14 (P.L.104, No.45), is amended to read:
15 Section 321. Penalties.--Any nonresident of this
16 Commonwealth who shall hunt, chase, trap, take, shoot at, wound,
17 or kill, or attempt to hunt, chase, trap, take, shoot at, wound,
18 kill, or have in possession any wild birds or animals, without a
19 nonresident hunting or trapping license having been lawfully
20 issued to him, shall be sentenced to pay a fine of one hundred
21 dollars ($100) and costs of prosecution for each offense, and
22 each day shall be considered a separate offense.
23 Any person who shall fail to sign his license certificate as
24 hereinbefore provided shall be sentenced to pay a fine of two
25 dollars ($2) and costs of prosecution.
26 Any person, properly licensed, who shall fail to display his
27 license tag as hereinbefore provided, shall be sentenced to pay
28 a fine of five dollars ($5) and costs of prosecution, provided
29 it is shown the person has purchased a license; otherwise, if a
30 resident of Pennsylvania, a penalty of twenty dollars ($20) and
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1 costs of prosecution shall be imposed, and if a nonresident, a
2 penalty of one hundred dollars ($100) and costs of prosecution
3 shall be imposed.
4 Any person who violates any of the provisions of this article
5 except as above provided, shall, upon conviction, be sentenced
6 to pay a fine of twenty dollars ($20) and costs of prosecution
7 of each offense: Provided, That an additional fine of twenty
8 dollars ($20) and costs of prosecution shall be imposed when any
9 person is convicted of:
10 (a) Hunting or trapping anywhere during any period of time
11 that such right has been denied him by the commission, or by
12 this act, and each day shall be considered a separate offense;
13 (b) Securing a hunter's license either in his own or an
14 assumed name during any period of time that he has been denied
15 such privilege by the commission;
16 (c) Hunting or trapping anywhere during any period of time
17 that such right has been denied him by the commission or any
18 court of record because of inflicting bodily injury upon himself
19 or any other person while hunting or trapping, shall, upon
20 conviction, in addition to the penalties provided, be sentenced
21 to suffer imprisonment for a period of thirty (30) days.
22 Upon failure of any person convicted of a first offense to
23 immediately pay the fine imposed and costs of prosecution, he
24 shall be imprisoned one day for each dollar of fine imposed and
25 costs of prosecution.
26 Any person convicted of a second or subsequent offense shall
27 be liable to the fines above provided and costs of prosecution,
28 and in addition thereto shall, in the discretion of the court,
29 suffer imprisonment one day for each dollar of fine imposed.
30 Any person who sells or attempts to sell a hunting license of
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1 any description for a monetary fee in excess of the fees fixed
2 pursuant to the provisions of this article shall, upon
3 conviction thereof, be sentenced to pay a fine of twenty dollars
4 ($20) for each sale or attempted sale and the costs of
5 prosecution.
6 Section 4. Subsections (c), (e) and (f) of section 501 of
7 the act, subsection (c) amended December 10, 1970 (P.L.896,
8 No.282) and June 27, 1973 (P.L.83, No.36), subsection (e)
9 amended December 10, 1970 (P.L.896, No.282), December 6, 1972
10 (P.L.1453, No.327) and October 3, 1973 (P.L.272, No.76), and
11 subsection (f) added May 31, 1974 (P.L.305, No.97), are amended
12 to read:
13 Section 501. Open Seasons.--* * *
14 (c) Resident, Nonresident, and Alien Hunters' Licenses and
15 Tags for Antlerless Deer.--If in any year the commission, by
16 resolution, declares an open season for antlerless deer, it
17 shall issue resident, nonresident and alien hunters' licenses
18 and tags for antlerless deer to hunt for or kill such deer, at a
19 fee of two dollars thirty-five cents for the hunting license
20 year beginning September 1, 1973 and three dollars thirty-five
21 cents for the hunting license years beginning September 1, 1974
22 and thereafter under such rules and regulations governing the
23 issuance of such licenses and tags as it may deem necessary to
24 limit the number of persons who may hunt for such deer in any
25 county of the Commonwealth, provided public notice of such
26 action is given as hereinafter required: And provided, however,
27 That no applications, for antlerless deer licenses received from
28 nonresidents and aliens shall be approved or licenses issued in
29 advance of thirty days prior to the opening date of such
30 antlerless deer season. Such licenses and tags shall be issued
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1 without restriction or regard to the county residence of the
2 Pennsylvania applicant may be issued only to holders of
3 resident, nonresident, or alien hunting licenses, and such
4 licenses and tags shall not be transferable from one person to
5 another nor shall they be refunded or reissued to anyone.
6 Notwithstanding the provisions of any regulation limiting the
7 number of licenses and tags the commission shall issue resident
8 hunters' licenses and tags for antlerless deer to members of
9 Armed Forces who are residents of Pennsylvania and who are on
10 full time active duty, or to residents who were honorably
11 discharged from the Armed Forces within sixty days of the date
12 of the application upon substantial proof of their military
13 status.
14 Resident, nonresident, and alien hunters' licenses and tags
15 for antlerless deer shall be issued only by the county
16 treasurers in counties where such deer may be hunted and killed,
17 who, for that purpose, are hereby made agents of the commission.
18 For services rendered in collecting and paying over fees and
19 issuing licenses and tags, by mail or otherwise, such agents may
20 retain the sum of thirty-five cents from the amount paid by each
21 licensee, which amount shall be paid into the county treasury,
22 except that such agents other than the county treasurer may
23 retain therefrom any amounts necessary to reimburse them for any
24 expenses, including compensation of employes, incurred in
25 collecting such fees and issuing such licenses and tags.
26 It shall be unlawful for any person to sell or attempt to
27 sell any antlerless deer hunting license for a monetary fee in
28 excess of the fees fixed pursuant to this subsection. The sale
29 or attempted sale of each license shall constitute a separate
30 offense.
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1 When such licenses are issued to restrict the number of
2 persons who may hunt antlerless deer in any county of the
3 Commonwealth, any citizen of the United States residing within
4 the Commonwealth who is a bona fide owner or lessee of lands
5 which lie within the county declared open to the hunting of said
6 deer, or any member of the family or household, or regularly
7 hired help of such owner or lessee, if such person is a citizen
8 of the United States, actually residing upon and cultivating
9 such lands, is hereby declared eligible to hunt antlerless deer
10 without a resident hunters' license for antlerless deer upon
11 said property, and, by and with the consent of the owner
12 thereof, upon the lands immediately adjacent and connected with
13 his own lands, other than lands owned by or under the control of
14 the Commonwealth.
15 The terms "antlerless deer" and "deer without visible
16 antlers," as used in this subsection or any other provision of
17 the Game Law which this act amends, are hereby defined to mean a
18 deer without an antler sometimes called horn, or a deer without
19 antlers both of which are less than three inches long, the term
20 "antler," as herein used or in any other provision of the Game
21 Law which this act amends, meaning the bony growth on the head
22 of a deer regardless of its size or development.
23 When the commission adopts and promulgates such rules and
24 regulations relative to resident and nonresident hunters'
25 licenses and tags for antlerless deer, it is unlawful for any
26 person other than a landowner or lessee of the county or a
27 member of his household, as hereinbefore enumerated, to hunt for
28 antlerless deer without a resident or nonresident hunters'
29 license and tag for antlerless deer, or to take such deer
30 contrary to the rules and regulations adopted by the commission.
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1 The tag issued with an antlerless deer license shall be
2 displayed on the outer garment immediately below the regular
3 resident or nonresident hunting license tag. Any person who
4 fails to display the tag herein provided shall, upon conviction,
5 be sentenced to pay a fine of ten dollars ($10) and costs of
6 prosecution, provided it shall be determined the person has
7 purchased a license; otherwise, a penalty of twenty dollars
8 ($20) and costs of prosecution shall be imposed.
9 * * *
10 (e) Open Season for Hunting Deer with Bows and Arrows.--In
11 each year in which there is an open season for hunting deer
12 there shall, in addition, be an open season for hunting deer
13 with bows and arrows exclusively, unless otherwise declared by
14 resolution of the commission and the provisions of subsection
15 (c) of this section shall not apply thereto. The duration and
16 time of such additional open season, together with the
17 description of the deer which may be lawfully killed, shall each
18 year be fixed by the commission. During any such additional open
19 season, it shall be unlawful to hunt for, kill or attempt to
20 kill, any deer, without a license as hereinafter prescribed, or
21 with any weapon other than a bow and arrow.
22 No person shall hunt for or kill any deer during such
23 additional open archery season with bow and arrow without first
24 having secured a hunting license and, in addition thereto, an
25 archery license from the commission or any agent designated as
26 an issuing agent of the commission, the fee for which is hereby
27 fixed at two dollars. Such license shall be attached to the
28 hunters' license certificate for the current year and shall be
29 countersigned in ink diagonally across its face by the licensee
30 before hunting in the open season herein provided for.
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1 The county treasurer of each county and each other person
2 designated the agent for the commission for the issuance of
3 archery licenses may retain for the use of the county if the
4 issuing agent is the county treasurer, otherwise to the agent
5 for such service the sum of twenty cents paid by the applicant
6 in addition to the license fee prescribed. The provisions of
7 this act with respect to the issuance of licenses, collections
8 of fees and records shall apply to the issuance of archery
9 licenses.
10 It shall be unlawful for any person to sell or attempt to
11 sell any archery hunting license for a monetary fee in excess of
12 the fee fixed pursuant to this subsection. The sale or attempted
13 sale of each such license shall constitute a separate offense.
14 (f) Muzzleloading Firearms Deer Season.--The commission may,
15 by resolution, declare an open season for hunting deer with
16 muzzleloading firearms during any hunting license year which
17 shall hereinafter be known and referred to as Muzzleloading
18 Firearms Deer Season.
19 In any year in which a Muzzleloading Firearms Deer Season
20 shall be declared as hereinbefore provided, the Muzzleloading
21 Firearms Deer Season shall not be established prior to the close
22 of the regular rifle deer seasons for the then current hunting
23 license year. The commission shall, notwithstanding any other
24 provisions of this act, adopt rules and regulations governing
25 the hunting and killing of deer during such Muzzleloading
26 Firearms Deer Season which shall include but not be limited to,
27 the duration and time of such deer season, the description of
28 the deer which may lawfully be killed, the type of muzzleloading
29 firearms which may lawfully be used to hunt for and kill deer
30 during such season, the area or areas within the Commonwealth
19770H1652B1989 - 12 -
1 where deer may lawfully be hunted and killed, and any other
2 rules and regulations deemed necessary to properly regulate,
3 manage, and control the hunting and killing of deer during such
4 season. For the purposes of this section, a muzzleloading
5 firearm shall not be less than .44 calibre and shall not be
6 equipped with a telescope.
7 It shall be unlawful for any person to hunt for, take, kill
8 or wound, or attempt to take, or kill, or for any person to aid
9 or assist in any manner to hunt for, take, kill or wound deer
10 during such Muzzleloading Firearms Deer Season without first
11 having legally obtained a resident, nonresident or alien
12 hunter's license as defined in sections 302 and 303 of this act
13 and, in addition thereto, a Muzzleloading Firearms Deer Season
14 license which may be obtained from the commission or any agent
15 designated by the commission to issue such licenses, the fee for
16 which is hereby fixed at three dollars twenty-five cents
17 ($3.25). Such license shall be in such form as the commission
18 shall prescribe and shall be valid from the first day of
19 September of one year to the thirty-first day of August of the
20 year next following. The lawful holder of such license shall
21 sign his full name in ink diagonally across its face before
22 hunting deer in the open season herein provided for and shall
23 carry such license upon his person at all times while hunting
24 during such season.
25 Any agent designated by the commission to issue Muzzleloading
26 Firearms Deer Season licenses may retain the sum of twenty-five
27 cents ($.25) of the hereinbefore prescribed license fee for each
28 such license issued as payment for services rendered. The
29 several provisions of this act governing the issuance of hunting
30 licenses by issuing agents with respect to keeping records,
19770H1652B1989 - 13 -
1 filing reports, and collecting and remitting license fees shall
2 apply in like manner, force and effect to agents designated by
3 the commission to issue Muzzleloading Firearms Deer Season
4 licenses.
5 It shall be unlawful for any person to sell or attempt to
6 sell any Muzzleloading Firearms Deer Season license for a
7 monetary fee in excess of the fees fixed pursuant to this
8 subsection. The sale or attempted sale of each license shall
9 constitute a separate offense.
10 It shall be unlawful for any person to hunt for, take, kill
11 or wound or attempt to take, kill or wound, or to aid or assist
12 any person in any manner to hunt for, take, kill or wound deer
13 during such Muzzleloading Firearms Deer Season contrary to the
14 provisions of this section or rules and regulations adopted by
15 the commission as hereinbefore provided.
16 Any person who shall violate any of the provisions of this
17 section or any rules and regulations adopted by the commission
18 pursuant thereto, shall, upon conviction, be sentenced to pay
19 the penalties prescribed in section 506 of this act.
20 Section 5. Section 506 of the act, amended May 31, 1974
21 (P.L.305, No.97) and October 17, 1974 (P.L.743, No.250), is
22 amended to read:
23 Section 506. Penalties.--Any person violating any of the
24 provisions of this article shall, upon conviction, be sentenced
25 to pay the following fines and costs of prosecution for each
26 offense:
27 For taking, killing, wounding, possessing, or transporting
28 from one locality to another within this State, or for
29 attempting to take, kill, or wound, contrary to this article, or
30 any rules and regulations relative to the taking of game, fur-
19770H1652B1989 - 14 -
1 bearing animals, nongame birds, or any other wild birds or wild
2 animals adopted by the commission:
3 (a) Each elk, four hundred dollars ($400), and in the
4 discretion of the court, six months imprisonment;
5 (b) Each deer, two hundred dollars ($200);
6 (c) Each bear, four hundred dollars ($400);
7 (d) Each wild turkey fifty dollars ($50); and each ruffed
8 grouse, ringneck pheasant, quail, partridge, or woodcock, swan,
9 wild goose, brant or wild duck, twenty-five dollars ($25);
10 (e) Each raccoon, twenty-five dollars ($25);
11 (f) Each bobcat or wildcat, fifty dollars ($50);
12 (g) For each other bird or animal, ten dollars ($10).
13 (h) Failure of lawful holder of Muzzleloading Firearms Deer
14 Season license to sign his full name in ink diagonally across
15 its face, two dollars ($2).
16 (i) Failure to carry the required Muzzleloading Firearms
17 Deer Season license on his person while hunting for deer during
18 such season, ten dollars ($10).
19 (j) Hunting for deer during the Muzzleloading Firearms Deer
20 Season, or for aiding or assisting any person in any manner to
21 hunt for deer during such season without first having obtained
22 the required license, or for using a license belonging to
23 another person, twenty dollars ($20).
24 (k) For the sale or attempted sale of any antlerless deer
25 hunting license, any archery hunting license, or any
26 Muzzleloading Firearms Deer Season license for a monetary fee in
27 excess of the fees prescribed by this article, the sum of twenty
28 dollars ($20) for each sale or attempted sale and the costs of
29 prosecution.
30 For violating any of the provisions of this article not above
19770H1652B1989 - 15 -
1 specifically provided for, or for violating any of the rules and
2 regulations of the commission adopted under the provisions of
3 this article, twenty-five dollars ($25) and costs of prosecution
4 for each offense.
5 Upon failure of any person convicted of a first offense to
6 immediately pay the fine imposed and costs of prosecution, he
7 shall be imprisoned one day for each dollar of fine imposed and
8 costs of prosecution.
9 Any person convicted of a second or subsequent offense shall
10 be liable to the fines above provided and costs of prosecution,
11 and in addition thereto shall, in the discretion of the court,
12 suffer imprisonment one day for each dollar of fine imposed.
13 Section 6. This act shall take effect immediately.
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