SENATE AMENDED
PRIOR PRINTER'S NOS. 1233, 2529, 2644, PRINTER'S NO. 4172
3119
No. 1087 Session of 1999
INTRODUCED BY ZIMMERMAN, B. SMITH, STABACK, SURRA, STRITTMATTER,
ARMSTRONG, TRUE AND SCHULER, MARCH 24, 1999
SENATOR HELFRICK, GAME AND FISHERIES, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 14, 2000
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for the offense of unlawful <--
3 taking or possession of game or wildlife, for bows and arrows <--
4 or crossbow in vehicles and for the time periods of permits
5 ADDING AND REVISING DEFINITIONS RELATED TO "LOADED BOW," <--
6 "LOADED CROSSBOW" AND "POACHING"; AND FURTHER PROVIDING FOR
7 THE COMPENSATION OF COMMISSION OFFICERS, DEPUTY OFFICERS AND
8 EMPLOYEES, FOR THE SPECIFIC ALLOCATION OF REVENUES WITHIN THE
9 GAME FUND, FOR CONTROLLED GOOSE HUNTING AREAS, FOR THE
10 PENALTY FOR ASSAULTING AN OFFICER, FOR REVOCATION OF
11 LICENSES, FOR RESTRICTIONS ON RECREATIONAL SPOTLIGHTING
12 DURING OPEN SEASONS FOR DEER, FOR THE PENALTY FOR AND
13 REPORTING OF POACHING VIOLATIONS, FOR LOADED WEAPONS IN
14 VEHICLES, FOR SHOOTING AT OR CAUSING INJURY TO PERSONS, FOR
15 LICENSE ELIGIBILITY, FOR CLASSES, FOR APPLICATION
16 REQUIREMENTS, FOR ACCOMPANYING MINORS WHILE HUNTING, FOR
17 DISABLED PERSON PERMITS AND FOR PROPAGATING PERMITS; AND
18 PROVIDING FOR THE ADOPTION OF CAPITAL PROJECTS TO BE FINANCED
19 FROM CURRENT REVENUES OF THE GAME FUND.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 102 of Title 34 of the Pennsylvania
23 Consolidated Statutes is amended by adding definitions to read:
24 § 102. Definitions.
1 Subject to additional definitions contained in subsequent
2 provisions of this title which are applicable to specific
3 provisions of this title, the following words and phrases when
4 used in this title shall have the meanings given to them in this
5 section unless the context clearly indicates otherwise:
6 * * *
7 "Loaded bow." A bow of any type, other than a crossbow,
8 which has a nocked arrow or an arrow resting on a bow under
9 tension. The term shall not include any arrows in any quiver.
10 "Loaded crossbow." Any crossbow with the limbs under tension
11 and a bolt resting on the stock of the crossbow. The term shall
12 not include any bolts contained in any quiver.
13 * * *
14 Section 2. Sections 2307(e), 2503 heading and (a), 2903 and <--
15 2923(a)(3) of Title 34 are amended to read:
16 § 2307. Unlawful taking or possession of game or wildlife. <--
17 * * *
18 (e) Penalties.--A violation of this section relating to:
19 (1) Threatened or endangered species is a misdemeanor of
20 the [third] first degree.
21 (2) Elk or bear is a summary offense of the first
22 degree.
23 (3) Deer is a summary offense of the second degree.
24 (4) Bobcat or otter is a summary offense of the third
25 degree.
26 (5) Wild turkey or beaver is a summary offense of the
27 fourth degree.
28 (6) Any other game or wildlife is a summary offense of
29 the fifth degree.
30 * * *
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1 § 2503. Loaded firearms or bows or crossbows in vehicles. <--
2 (a) General rule.--Except as otherwise provided in this
3 title, it is unlawful for any person to have a firearm or bow or
4 crossbow of any kind in or on or against any conveyance
5 propelled by mechanical power or its attachments at any time
6 whether or not the vehicle or its attachment is in motion unless
7 the firearm or bow or crossbow is unloaded. The exceptions in
8 this subsection do not apply when attempting to locate game or
9 wildlife with an artificial light or when exercising any
10 privileges granted by this title which may be exercised only
11 when not in the possession of a firearm.
12 * * *
13 § 2903. Permit year.
14 Except as otherwise provided in this title, all permits shall
15 be issued for [the time designated as the fiscal year for the
16 Commonwealth.] a one-year, two-year or three-year time period
17 selected by the applicant for the permit based on the fiscal
18 year for the Commonwealth. Fees under section 2904 (relating to
19 permit fees) shall be multiplied by the time period selected by
20 the applicant and remitted at the time of application for the
21 permit. Except when an application for a permit is rejected, all
22 fees shall be nonrefundable. The permit for a disabled person to
23 hunt from a vehicle shall be valid for the lifetime of the
24 disabled person. There will be no reduced fees for a permit
25 issued for less than a year.
26 § 2923. Disabled person permits.
27 (a) Use of vehicle as a blind.--
28 * * *
29 (3) Permittees shall carry the permit upon their person
30 while hunting. Any person named on this permit may hunt while
19990H1087B4172 - 3 -
1 using an automobile or other vehicle as a blind. The
2 permittee shall not use the vehicle to flush or locate game.
3 The vehicle may be used only as a blind or platform from
4 which to shoot. The firearm or bow and arrow or crossbow
5 shall be unloaded at all times while the vehicle is in
6 motion.
7 * * *
8 Section 3. This act shall take effect as follows:
9 (1) The amendment of 34 Pa.C.S. § 2903 and this section
10 shall take effect immediately.
11 (2) The remainder of this act shall take effect in 60
12 days.
13 "POACHING." TO UNLAWFULLY TAKE BIG GAME [OR WILDLIFE BY <--
14 MEANS OF OR AS A RESULT OF MULTIPLE VIOLATIONS OF] THROUGH THE
15 USE OF AN ARTIFICIAL LIGHT, OR TO TAKE BIG GAME DURING THE
16 CLOSED SEASON, OR THE UNLAWFUL MULTIPLE TAKING, KILLING OR
17 WOUNDING OF ANY BIG GAME, OR THE TAKING, KILLING OR WOUNDING OF
18 ANY ENDANGERED OR THREATENED SPECIES CONTRARY TO THE PROVISIONS
19 OF THIS TITLE OR THE REGULATIONS THEREUNDER.
20 * * *
21 SECTION 2. SECTIONS 303(B), 304(B), 521(B), 730 AND 905 OF
22 TITLE 34 ARE AMENDED TO READ:
23 § 303. GAME COMMISSION OFFICERS AND EMPLOYEES.
24 * * *
25 (B) STATUS.--EXCEPT FOR THE DIRECTOR, ALL PERSONNEL SHALL BE
26 EMPLOYED IN ACCORDANCE WITH THE CLASSIFICATION AND COMPENSATION
27 PLANS OF THE COMMONWEALTH AS ESTABLISHED BY THE EXECUTIVE BOARD
28 AND REGULATIONS OF THE COMMISSION.
29 * * *
30 § 304. DEPUTY GAME COMMISSION OFFICERS.
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1 * * *
2 (B) COMPENSATION AND EXPENSES.--DEPUTY GAME COMMISSION
3 OFFICERS SHALL NOT BE ENTITLED TO COMPENSATION FOR EITHER TIME
4 OR EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNLESS
5 SPECIFICALLY EMPLOYED FOR SPECIAL DUTIES BY WRITTEN ORDER OF THE
6 DIRECTOR. THE COMMISSION SHALL, FROM TIME TO TIME, FIX THE RATE
7 OF COMPENSATION AND ALLOWABLE EXPENSES IN ACCORDANCE WITH A
8 STATEWIDE PAY SCALE AND STANDARDS AS ESTABLISHED BY THE
9 EXECUTIVE BOARD FOR SPECIAL DUTY SERVICES.
10 * * *
11 § 521. ESTABLISHMENT AND USE OF GAME FUND.
12 * * *
13 (B) SPECIFIC ALLOCATION OF CERTAIN REVENUES.--
14 (1) A MINIMUM OF [$1.25] $4.25 FROM EACH RESIDENT AND
15 NONRESIDENT LICENSE [FOR WHICH THE FULL FEE HAS BEEN PAID]
16 AND [A MINIMUM OF] $2 FROM EACH ANTLERLESS DEER LICENSE
17 ISSUED FOR WHICH THE FULL FEE HAS BEEN PAID SHALL BE USED
18 SOLELY FOR HABITAT IMPROVEMENT, DEVELOPMENT, MAINTENANCE,
19 PROTECTION AND RESTORATION CONDUCIVE TO INCREASING NATURAL
20 PROPAGATION OF GAME OR WILDLIFE ON ALL LANDS UNDER THE
21 CONTROL OR OPERATION OF THE COMMISSION, INCLUDING LANDS
22 ENROLLED IN THE COMMISSION'S PUBLIC ACCESS PROGRAMS AND OTHER
23 PUBLIC LANDS OPEN TO HUNTING UNDER AGREEMENT WITH THE
24 COMMISSION. THE MONEYS COLLECTED UNDER THIS PARAGRAPH SHALL
25 BE DEPOSITED INTO [TWO SEPARATE ACCOUNTS] ONE SEPARATE
26 ACCOUNT AND SHALL BE USED EXCLUSIVELY FOR THE NATURAL
27 PROPAGATION OF GAME AND WILDLIFE BY:
28 (I) IMPROVING AND MAINTAINING ANY NATURAL WILDLIFE
29 HABITAT BY THE PRODUCTION, DISTRIBUTION AND PLANTING OF
30 TREES, SHRUBS, VINES AND FORAGE CROPS.
19990H1087B4172 - 5 -
1 (II) FOREST MANAGEMENT PRACTICES RELATED TO THE
2 CREATION AND DEVELOPMENT OF FOOD AND COVER.
3 (III) DEVELOPMENT AND MANAGEMENT OF FOOD AND COVER
4 OPENINGS, INCLUDING MAINTENANCE OF SOIL FERTILITY AND
5 HERBACEOUS GROUND COVER WHERE POSSIBLE.
6 (IV) PURCHASE, CONSTRUCTION AND ENHANCEMENT OF
7 WETLANDS AND RIPARIAN AREAS.
8 (V) CONSTRUCTION AND MAINTENANCE OF NESTING,
9 BROODING AND REARING STRUCTURES OR AREAS.
10 (VI) THE PRORATED COST FOR THE PURCHASE, MAINTENANCE
11 AND OPERATION OF EQUIPMENT, TOOLS AND MATERIALS NECESSARY
12 TO MEET THE HABITAT IMPROVEMENT OBJECTIVES OF THIS
13 SECTION. NO MONEYS IN THESE ACCOUNTS SHALL BE USED FOR
14 CAPITAL PURCHASES UNDER THIS SUBPARAGRAPH.
15 THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ALL
16 EXPENDITURES FROM THIS ACCOUNT IN THE MANNER PRESCRIBED UNDER
17 SECTION 522 (RELATING TO APPROPRIATION AND AUDIT OF MONEYS).
18 (2) ANY MONEYS COLLECTED BY OR FOR THE COMMISSION FROM
19 THE SALE OF THE MIGRATORY BIRD HUNTING LICENSE SHALL BE USED
20 [SOLELY] FOR THE PURPOSE OF MIGRATORY GAME BIRD MANAGEMENT,
21 HABITAT ACQUISITION AND IMPROVEMENT AND RELATED PROGRAM
22 ADMINISTRATIVE COSTS.
23 [(3) A MINIMUM OF $3 FROM EACH RESIDENT AND NONRESIDENT
24 LICENSE FOR WHICH THE FULL FEE HAS BEEN PAID SHALL BE USED
25 SOLELY FOR HABITAT IMPROVEMENT AND RESTORATION CONDUCIVE TO
26 INCREASING NATURAL PROPAGATION OF GAME ON ALL LANDS UNDER THE
27 CONTROL OR OPERATION OF THE COMMISSION, INCLUDING LANDS
28 ENROLLED IN THE COMMISSION'S PUBLIC ACCESS PROGRAMS AND OTHER
29 PUBLIC LANDS OPEN TO HUNTING UNDER AGREEMENT WITH THE
30 COMMISSION. THE MONEYS COLLECTED UNDER THIS PARAGRAPH SHALL
19990H1087B4172 - 6 -
1 BE USED EXCLUSIVELY FOR THE NATURAL PROPAGATION OF GAME BY:
2 (I) IMPROVING AND MAINTAINING ANY NATURAL WILDLIFE
3 HABITAT BY THE PRODUCTION, DISTRIBUTION AND PLANTING OF
4 TREES, SHRUBS, VINES AND FORAGE CROPS.
5 (II) FOREST MANAGEMENT PRACTICES RELATED TO THE
6 CREATION AND DEVELOPMENT OF FOOD AND COVER.
7 (III) DEVELOPMENT AND MANAGEMENT OF FOOD AND COVER
8 OPENINGS.
9 (IV) CONSTRUCTION AND ENHANCEMENT OF WETLANDS AND
10 RIPARIAN AREAS.
11 (V) CONSTRUCTION AND MAINTENANCE OF NESTING
12 STRUCTURES.
13 (VI) THE PRORATED COST FOR THE MAINTENANCE AND
14 OPERATION OF EQUIPMENT, TOOLS AND MATERIALS NECESSARY TO
15 MEET THE HABITAT IMPROVEMENT OBJECTIVES OF THIS SECTION.
16 NO MONEYS IN THESE ACCOUNTS SHALL BE USED FOR CAPITAL
17 PURCHASES UNDER THIS SUBPARAGRAPH.
18 THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ALL
19 EXPENDITURES FROM THIS ACCOUNT IN THE MANNER PRESCRIBED UNDER
20 SECTION 522.]
21 § 730. CONTROLLED GOOSE HUNTING AREAS.
22 APPLICATIONS ARE AVAILABLE IN AND MUST BE SUBMITTED FROM THE
23 CURRENT EDITION OF DIGEST OF PENNSYLVANIA HUNTING AND TRAPPING
24 REGULATIONS SUPPLIED WITH EACH HUNTING LICENSE. APPLICATIONS
25 SHALL CONTAIN REQUESTED INFORMATION, INCLUDING THE APPLICANT'S
26 CURRENT VALID HUNTING LICENSE BACK TAG NUMBER, INCLUDING
27 LETTER[, AND THE NUMBER THAT APPEARS ON THE PENNSYLVANIA
28 MIGRATORY GAME BIRD HUNTING LICENSE, WHICH IS REQUIRED FOR
29 APPLICATION]. HOWEVER, ANY PERSON WHO HAS BEEN SELECTED TO
30 RESERVE USE OF A SPECIAL WILDLIFE MANAGEMENT AREA SHALL BE
19990H1087B4172 - 7 -
1 REQUIRED TO OBTAIN A PENNSYLVANIA MIGRATORY GAME BIRD HUNTING
2 LICENSE PRIOR TO THE DATE OF RESERVATION. ALL OTHER PROCEDURES
3 SHALL BE ESTABLISHED BY REGULATIONS PROMULGATED BY THE
4 COMMISSION.
5 § 905. ASSAULTING AN OFFICER.
6 A PERSON WHO ATTEMPTS TO CAUSE OR CAUSES BODILY INJURY TO AN
7 OFFICER MAKING AN ARREST OR INVESTIGATION FOR A VIOLATION OF
8 THIS TITLE OR PERFORMING ANY DUTIES REQUIRED BY THIS TITLE
9 COMMITS A [MISDEMEANOR] FELONY OF THE SECOND DEGREE.
10 SECTION 3. SECTION 925(B) OF TITLE 34 IS AMENDED AND THE
11 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
12 § 925. JURISDICTION AND PENALTIES.
13 * * *
14 (A.1) FINES AND PENALTIES FOR FELONY VIOLATIONS.--IN
15 ADDITION TO ANY OTHER REQUIREMENTS OF THIS TITLE, A PERSON
16 CONVICTED OF A FELONY OF THE SECOND DEGREE SHALL BE SENTENCED TO
17 PAY A FINE OF NOT LESS THAN $5,000 NOR MORE THAN $25,000 AND MAY
18 BE SENTENCED TO IMPRISONMENT UP TO TEN YEARS. IN ADDITION TO THE
19 IMPOSITION OF ANY FINES, COSTS OF PROSECUTION SHALL ALSO BE
20 ASSESSED PURSUANT TO 42 PA.C.S. §§ 1725.1 (RELATING TO COSTS)
21 AND 3571 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.).
22 (B) FINES AND PENALTIES FOR OTHER VIOLATIONS.--IN ADDITION
23 TO ANY OTHER REQUIREMENTS OF THIS TITLE, THE FOLLOWING FINES AND
24 PENALTIES SHALL BE IMPOSED FOR VIOLATIONS OF THIS TITLE:
25 (1) MISDEMEANOR OF THE FIRST DEGREE, NOT LESS THAN
26 $2,000 NOR MORE THAN $10,000 AND MAY BE SENTENCED TO
27 IMPRISONMENT UP TO SIX MONTHS.
28 (2) MISDEMEANOR OF THE SECOND DEGREE, NOT LESS THAN
29 $1,000 NOR MORE THAN $5,000 AND MAY BE SENTENCED TO
30 IMPRISONMENT UP TO SIX MONTHS.
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1 (3) MISDEMEANOR OF THE THIRD DEGREE, NOT LESS THAN $500
2 NOR MORE THAN $2,500 AND MAY BE SENTENCED TO IMPRISONMENT UP
3 TO SIX MONTHS.
4 (4) SUMMARY OFFENSE OF THE FIRST DEGREE, $800.
5 (5) SUMMARY OFFENSE OF THE SECOND DEGREE, $500.
6 (6) SUMMARY OFFENSE OF THE THIRD DEGREE, $300.
7 (7) SUMMARY OFFENSE OF THE FOURTH DEGREE, $200.
8 (8) SUMMARY OFFENSE OF THE FIFTH DEGREE, $100.
9 (9) SUMMARY OFFENSE OF THE SIXTH DEGREE, $75.
10 (10) SUMMARY OFFENSE OF THE SEVENTH DEGREE, $50.
11 (11) SUMMARY OFFENSE OF THE EIGHTH DEGREE, $25.
12 IN ADDITION TO THE IMPOSITION OF ANY FINES, COSTS OF PROSECUTION
13 SHALL ALSO BE ASSESSED PURSUANT TO 42 PA.C.S. §§ 1725.1
14 (RELATING TO COSTS) AND 3571 (RELATING TO COMMONWEALTH PORTION
15 OF FINES, ETC.).
16 * * *
17 SECTION 4. SECTIONS 929(A) AND (A.1), 2311, 2329, 2503
18 HEADING AND (A), 2522(F), 2704(D), 2705, 2708, 2711(A)(8), 2903,
19 2923(A)(3) AND (C) AND 2930(F.1) OF TITLE 34 ARE AMENDED TO
20 READ:
21 § 929. REVOCATION OR DENIAL OF LICENSE, PERMIT OR REGISTRATION.
22 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
23 TITLE, ANY HUNTING OR FURTAKING LICENSE, SPECIAL LICENSE OR
24 PERMIT OR REGISTRATION GRANTED UNDER THE AUTHORITY OF THIS TITLE
25 MAY BE REVOKED BY THE COMMISSION WHEN THE HOLDER OF THE LICENSE,
26 PERMIT OR REGISTRATION IS CONVICTED OF AN OFFENSE UNDER THIS
27 TITLE OR HAS ACTED CONTRARY TO THE INTENT OF THE LICENSE,
28 SPECIAL LICENSE, REGISTRATION OR PERMIT, WITH EACH OFFENSE
29 CONSTITUTING A SEPARATE VIOLATION SUBJECT TO SEPARATE
30 REVOCATION. THE COMMISSION MAY REFUSE TO GRANT TO THAT PERSON
19990H1087B4172 - 9 -
1 ANY NEW LICENSE, SPECIAL LICENSE OR PERMIT OR REGISTRATION AND
2 MAY DENY ANY PRIVILEGE GRANTED BY THESE DOCUMENTS FOR A PERIOD
3 NOT EXCEEDING FIVE YEARS UNLESS OTHERWISE PROVIDED IN THIS
4 TITLE. [A PERSON WHOSE LICENSE, PERMIT OR REGISTRATION IS
5 REVOKED OR SUSPENDED UNDER A PROVISION OF THIS TITLE REQUIRING
6 MANDATORY REVOCATION OR SUSPENSION MUST, IN ORDER TO OBTAIN
7 RESTORATION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
8 HUNTER EDUCATION COURSE UNDER SECTION 2704(B) (RELATING TO
9 ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT TO THE PERIOD OF
10 REVOCATION.]
11 (A.1) [HUNTER] REMEDIAL HUNTER EDUCATION COURSE.--A PERSON
12 WHOSE PRIVILEGE TO HUNT WITH OR WITHOUT A LICENSE ANYWHERE IN
13 THIS COMMONWEALTH IS REVOKED OR SUSPENDED UNDER A PROVISION OF
14 THIS TITLE REQUIRING MANDATORY REVOCATION OR SUSPENSION SHALL,
15 IN ORDER TO OBTAIN RESTORATION, PRESENT EVIDENCE OF THE
16 SUCCESSFUL COMPLETION OF A REMEDIAL HUNTER EDUCATION COURSE
17 [UNDER SECTION 2704(B) TAKEN SUBSEQUENT TO EACH PERIOD OF
18 REVOCATION OR SUSPENSION.] AS PROVIDED BY THE DIRECTOR AND
19 APPROVED BY THE COMMISSION PRIOR TO OBTAINING A LICENSE. THIS
20 COURSE MAY BE TAKEN NO EARLIER THAN THREE MONTHS PRIOR TO THE
21 END OF THE PERIOD OF REVOCATION. THE COMMISSION SHALL PROMULGATE
22 REGULATIONS ESTABLISHING THE CURRICULUM, ADMINISTRATION AND ANY
23 ASSOCIATED FEES OF SUCH A REMEDIAL COURSE WHICH FEES SHALL BEAR
24 A REASONABLE RELATIONSHIP TO THE COSTS OF PROVIDING THE COURSE
25 AND THE COURSE MATERIALS.
26 * * *
27 § 2311. RESTRICTIONS ON RECREATIONAL SPOTLIGHTING.
28 (A) UNLAWFUL ACTS.--IT IS UNLAWFUL FOR ANY PERSON TO CAST OR
29 TO ASSIST ANY OTHER PERSON IN CASTING THE RAYS OF A SPOTLIGHT,
30 VEHICLE HEADLIGHT OR ANY OTHER ARTIFICIAL LIGHT OF ANY KIND FROM
19990H1087B4172 - 10 -
1 ANY VEHICLE, WATERCRAFT, AIRBORNE CRAFT OR ANY ATTACHMENT TO
2 SUCH VEHICLES OR CRAFTS:
3 (1) UPON ANY BUILDING AT ANY TIME.
4 (2) IN ANY MANNER WHICH FRIGHTENS, EXCITES OR HARASSES
5 ANY LIVESTOCK, POULTRY OR OTHER FARM ANIMAL.
6 (3) TO SEARCH FOR OR LOCATE FOR ANY PURPOSE ANY GAME OR
7 WILDLIFE ANYWHERE WITHIN THIS COMMONWEALTH, OTHER THAN
8 SPECIFIED IN PARAGRAPH (4), DAILY BETWEEN THE HOURS OF [11]
9 10 P.M. AND SUNRISE ON THE FOLLOWING DAY.
10 (4) TO SEARCH FOR OR LOCATE FOR ANY PURPOSE ANY GAME OR
11 WILDLIFE ANYWHERE WITHIN THIS COMMONWEALTH AT ANY TIME
12 [DURING THE ANTLERED DEER RIFLE SEASON AND DURING THE
13 ANTLERLESS DEER RIFLE SEASON] IN ANY SEASON WHEN DEER MAY BE
14 TAKEN AND WITHIN SPECIAL REGULATION AREAS DURING THE OPEN
15 SEASON FOR TAKING DEER.
16 (5) UPON PHOTOELECTRIC CELL LIGHTS.
17 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY IF IT IS
18 PROVEN THAT THE HEADLIGHTS OF A VEHICLE OR CONVEYANCE WERE BEING
19 USED WHILE TRAVELING ON A ROADWAY IN THE USUAL WAY.
20 (B) PENALTY.--A VIOLATION OF THIS SECTION IS A SUMMARY
21 OFFENSE OF THE FIFTH DEGREE.
22 § 2329. ADDITIONAL PENALTY FOR POACHING.
23 (A) ADDITIONAL PENALTY.--A PERSON WHO VIOLATES THIS CHAPTER
24 BY ILLEGALLY POACHING ANY BIG GAME OR THREATENED OR ENDANGERED
25 SPECIES SHALL, IN ADDITION TO ANY OTHER PENALTY IMPOSED, BE
26 SENTENCED TO PAY A FINE OF $200 FOR EACH BIG GAME ANIMAL OR EACH
27 THREATENED OR ENDANGERED SPECIES ILLEGALLY POACHED. ANY FINES
28 COLLECTED UNDER THIS SUBSECTION SHALL BE PAID OVER TO THE
29 COMMISSION FOR USE IN MAINTAINING THE TOLL-FREE TELEPHONE NUMBER
30 UNDER SUBSECTION (B) AND TO COMPENSATE [CALLERS] ANY PERSON
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1 WHOSE REPORTS LED TO PAYMENT OF A FINE UNDER THIS SUBSECTION.
2 EACH [CALLER] PERSON SHALL BE COMPENSATED $100 FOR EACH $200
3 COLLECTED AS A RESULT OF THE [CALLER'S] PERSON'S REPORT.
4 (B) REPORT OF VIOLATIONS.--THE COMMISSION SHALL ESTABLISH
5 AND MAINTAIN [A] TOLL-FREE TELEPHONE [NUMBER] NUMBERS TO REPORT
6 POACHING OF BIG GAME OR THREATENED OR ENDANGERED SPECIES.
7 REPORTS OF POACHING OF BIG GAME OR THREATENED OR ENDANGERED
8 SPECIES ARE CONFIDENTIAL. NO PERSONS OTHER THAN EMPLOYEES OF THE
9 COMMISSION IN THE COURSE OF OFFICIAL DUTIES IN CONNECTION WITH
10 POACHING REPORTS SHALL HAVE ACCESS TO IDENTIFYING INFORMATION
11 RELATING TO THE CALLER.
12 § 2503. LOADED FIREARMS OR BOWS OR CROSSBOWS IN VEHICLES.
13 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
14 TITLE, IT IS UNLAWFUL FOR ANY PERSON TO HAVE A FIREARM OR BOW OR
15 CROSSBOW OF ANY KIND IN OR ON OR AGAINST ANY CONVEYANCE
16 PROPELLED BY MECHANICAL POWER OR ITS ATTACHMENTS AT ANY TIME
17 WHETHER OR NOT THE VEHICLE OR ITS ATTACHMENT IS IN MOTION UNLESS
18 THE FIREARM OR BOW OR CROSSBOW IS UNLOADED. THE EXCEPTIONS IN
19 THIS SUBSECTION DO NOT APPLY WHEN ATTEMPTING TO LOCATE GAME OR
20 WILDLIFE WITH AN ARTIFICIAL LIGHT OR WHEN EXERCISING ANY
21 PRIVILEGES GRANTED BY THIS TITLE WHICH MAY BE EXERCISED ONLY
22 WHEN NOT IN THE POSSESSION OF A FIREARM.
23 * * *
24 § 2522. SHOOTING AT OR CAUSING INJURY TO HUMAN BEINGS.
25 * * *
26 (F) MANDATORY REMEDIAL HUNTER EDUCATION.--ANY PERSON WHOSE
27 PRIVILEGE TO HUNT OR TAKE GAME IS SUSPENDED UNDER SUBSECTION (C)
28 SHALL, PRIOR TO OBTAINING A LICENSE AFTER THE PERIOD OF
29 SUSPENSION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
30 REMEDIAL HUNTER EDUCATION COURSE [AS PRESCRIBED IN SECTION
19990H1087B4172 - 12 -
1 2704(B) (RELATING TO ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT
2 TO EACH SUSPENSION OF THE LICENSE] AS PROVIDED BY THE DIRECTOR
3 AND APPROVED BY THE COMMISSION.
4 * * *
5 § 2704. ELIGIBILITY FOR LICENSE.
6 * * *
7 (D) DUTIES OF COMMISSION.--
8 (1) THE COMMISSION SHALL PROVIDE FOR A COURSE OF
9 INSTRUCTION, APPROVED BY THE DIRECTOR, IN THE SAFE AND
10 ETHICAL UTILIZATION OF FIREARMS AND TRAPS OR OTHER DEVICES
11 USED FOR TAKING FURBEARERS. THE COMMISSION MAY COOPERATE WITH
12 ANY REPUTABLE ASSOCIATION OR ORGANIZATION IN PRESENTATION OF
13 THIS COURSE.
14 (2) THE COMMISSION MAY DESIGNATE ANY PERSON WHO THE
15 COMMISSION DETERMINES TO BE COMPETENT TO GIVE INSTRUCTION IN
16 THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES TO ACT AS AN
17 INSTRUCTOR. THE APPOINTED PERSON SHALL GIVE THE COURSE OF
18 INSTRUCTION AND SHALL ISSUE TO EACH PERSON WHO SUCCESSFULLY
19 COMPLETES THE COURSE OF INSTRUCTION A CERTIFICATE OF TRAINING
20 IN THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES. NO
21 CHARGE SHALL BE MADE FOR THE COURSE OF INSTRUCTION, EXCEPT
22 [FOR MATERIALS OR AMMUNITION CONSUMED] AS MAY BE PROVIDED BY
23 THIS TITLE OR BY REGULATIONS PROMULGATED UNDER THIS TITLE.
24 (3) THE COMMISSION SHALL FURNISH INFORMATION ON THE
25 REQUIREMENTS OF THE FURTAKER'S EDUCATION PROGRAM WHICH SHALL
26 BE DISTRIBUTED, FREE OF CHARGE, TO APPLICANTS FOR FURTAKER
27 LICENSES BY THE PERSONS APPOINTED AND AUTHORIZED TO ISSUE THE
28 LICENSES.
29 (4) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
30 THOSE PERSONS UNDER 12 YEARS OF AGE WHO TRAP FURBEARERS UNDER
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1 THE DIRECT SUPERVISION OF AN ADULT LICENSED FURTAKER 18 YEARS
2 OF AGE OR OLDER.
3 * * *
4 § 2705. CLASSES OF LICENSES.
5 UNLESS OTHERWISE PROVIDED, ANY PERSON WISHING TO EXERCISE ANY
6 OF THE PRIVILEGES GRANTED BY THIS TITLE SHALL FIRST SECURE THE
7 APPLICABLE RESIDENT OR NONRESIDENT HUNTING OR FURTAKER LICENSE
8 AS FOLLOWS:
9 (1) ADULT RESIDENT HUNTING LICENSES TO RESIDENTS WHO
10 HAVE REACHED THEIR 17TH BIRTHDAY BUT HAVE NOT REACHED THEIR
11 65TH BIRTHDAY.
12 (2) JUNIOR RESIDENT HUNTING LICENSES TO RESIDENTS WHO
13 HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY IN THE
14 [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE BUT WHO
15 HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE DATE OF THE
16 APPLICATION FOR THE LICENSE AND WHO PRESENT A WRITTEN
17 REQUEST, BEARING THE SIGNATURE OF A PARENT OR GUARDIAN, FOR
18 THE ISSUANCE OF A LICENSE. THE ACTUAL HUNTING PRIVILEGES
19 GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL NOT BE
20 EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF AGE.
21 (3) SENIOR RESIDENT HUNTING LICENSES OR, AT THE OPTION
22 OF THE APPLICANT, A SENIOR LIFETIME RESIDENT HUNTING LICENSE
23 TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 65TH
24 BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
25 LICENSE. THE COMMISSION SHALL DEVELOP, IMPLEMENT AND
26 ADMINISTER A SYSTEM TO PROVIDE TAGS, REPORT CARDS AND
27 APPLICATIONS TO THOSE RESIDENTS WHO HOLD A SENIOR LIFETIME
28 RESIDENT HUNTING LICENSE ISSUED UNDER THIS PARAGRAPH. THE
29 SYSTEM SHALL REQUIRE THE APPLICANT OR LICENSE HOLDER TO PAY
30 ANY APPROVED FEE ASSESSED BY THE ISSUING AGENT.
19990H1087B4172 - 14 -
1 (4) ADULT RESIDENT FURTAKER LICENSES TO RESIDENTS WHO
2 HAVE REACHED THEIR 17TH BIRTHDAY BUT HAVE NOT REACHED THEIR
3 65TH BIRTHDAY.
4 (5) JUNIOR RESIDENT FURTAKER LICENSES TO RESIDENTS WHO
5 HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY IN THE
6 [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE BUT WHO
7 HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE DATE OF THE
8 APPLICATION FOR THE LICENSE AND WHO PRESENT A WRITTEN
9 REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR GUARDIAN,
10 FOR THE ISSUANCE OF A LICENSE. THE ACTUAL FURTAKING
11 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
12 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
13 AGE.
14 (6) SENIOR RESIDENT FURTAKER LICENSES OR, AT THE OPTION
15 OF THE APPLICANT, A SENIOR LIFETIME RESIDENT FURTAKER LICENSE
16 TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 65TH
17 BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
18 LICENSE.
19 (7) SENIOR LIFETIME RESIDENT COMBINATION HUNTING AND
20 FURTAKING LICENSE, INCLUDING ARCHERY AND MUZZLELOADER
21 PRIVILEGES, TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR
22 65TH BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
23 LICENSE. THE COMMISSION SHALL DEVELOP, IMPLEMENT AND
24 ADMINISTER A SYSTEM TO PROVIDE TAGS, REPORT CARDS AND
25 APPLICATIONS TO THOSE RESIDENTS WHO HOLD A SENIOR LIFETIME
26 RESIDENT HUNTING LICENSE ISSUED UNDER THIS PARAGRAPH. THE
27 SYSTEM SHALL REQUIRE THE APPLICANT OR LICENSE HOLDER TO PAY
28 ANY APPROVED FEE ASSESSED BY THE ISSUING AGENT.
29 (7.1) JUNIOR RESIDENT COMBINATION HUNTING AND FURTAKER
30 LICENSE, INCLUDING ARCHERY AND MUZZLELOADER PRIVILEGES, TO
19990H1087B4172 - 15 -
1 RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY
2 IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE
3 BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE
4 DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
5 WRITTEN REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR
6 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL
7 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR RESIDENT
8 COMBINATION LICENSE SHALL NOT BE EXERCISED UNTIL THAT PERSON
9 IN FACT IS 12 YEARS OF AGE.
10 (8) ADULT NONRESIDENT HUNTING LICENSES TO ALL
11 NONRESIDENTS OF 17 YEARS OF AGE OR OLDER.
12 (9) JUNIOR NONRESIDENT HUNTING LICENSES TO ALL
13 NONRESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH
14 BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A
15 LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO
16 THE DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
17 WRITTEN REQUEST, BEARING THE SIGNATURE OF A PARENT OR
18 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL HUNTING
19 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
20 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
21 AGE.
22 (10) ADULT NONRESIDENT FURTAKER LICENSES TO NONRESIDENTS
23 OF 17 YEARS OF AGE OR OLDER.
24 (11) JUNIOR NONRESIDENT FURTAKER LICENSES TO
25 NONRESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH
26 BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A
27 LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO
28 THE DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
29 WRITTEN REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR
30 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL FURTAKING
19990H1087B4172 - 16 -
1 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
2 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
3 AGE.
4 (11.1) JUNIOR NONRESIDENT COMBINATION HUNTING AND
5 FURTAKER LICENSE, INCLUDING ARCHERY AND MUZZLELOADER
6 PRIVILEGES, TO NONRESIDENTS WHO HAVE REACHED OR WILL REACH
7 THEIR 12TH BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF
8 APPLICATION FOR A LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH
9 BIRTHDAY PRIOR TO THE DATE OF THE APPLICATION FOR THE LICENSE
10 AND WHO PRESENT A WRITTEN REQUEST, CONTAINING THE SIGNATURE
11 OF A PARENT OR GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE
12 ACTUAL PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR
13 NONRESIDENT COMBINATION LICENSE SHALL NOT BE EXERCISED UNTIL
14 THAT PERSON IN FACT IS 12 YEARS OF AGE.
15 (12) SEVEN-DAY NONRESIDENT SMALL GAME LICENSE TO PERSONS
16 ELIGIBLE TO PROCURE A NONRESIDENT HUNTING LICENSE. THE
17 LICENSE SHALL BE VALID FOR A PERIOD OF SEVEN CONSECUTIVE
18 DAYS. THE HOLDER OF THE LICENSE SHALL BE ENTITLED TO HUNT
19 FOR, TAKE OR KILL CROWS AND SMALL GAME.
20 (13) ANTLERLESS DEER LICENSES, BEAR LICENSES, ARCHERY
21 LICENSES, MUZZLELOADER LICENSES AND ANY OTHER LICENSE
22 REQUIRED TO INSURE JUST AND PROPER ADMINISTRATION OF THIS
23 TITLE AND SOUND GAME OR WILDLIFE CONSERVATION TO ELIGIBLE
24 PERSONS, SUBJECT TO THE REGULATIONS, REQUIREMENTS AND
25 CONDITIONS WHICH THE COMMISSION SHALL ESTABLISH. ANY SUCH
26 LICENSE SHALL BE MADE AVAILABLE TO RESIDENTS SERVING ON
27 ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES OR IN
28 THE UNITED STATES COAST GUARD WITHOUT REGARD TO QUOTA
29 LIMITATIONS OR APPLICATION DEADLINES.
30 (14) MIGRATORY GAME BIRD LICENSES FOR HUNTING ALL
19990H1087B4172 - 17 -
1 MIGRATORY GAME BIRDS TO ELIGIBLE PERSONS, SUBJECT TO THE
2 REGULATIONS, REQUIREMENTS AND CONDITIONS WHICH THE COMMISSION
3 SHALL ESTABLISH. ANY SUCH LICENSE SHALL BE MADE AVAILABLE TO
4 RESIDENTS SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE
5 UNITED STATES OR IN THE UNITED STATES COAST GUARD WITHOUT
6 REGARD TO QUOTA LIMITATIONS OR APPLICATION DEADLINES.
7 § 2708. APPLICATION REQUIREMENTS.
8 (A) GENERAL RULE.--APPLICANTS FOR ANY CLASS OF LICENSE SHALL
9 BE REQUIRED TO [COMPLETE AND AFFIX THEIR SIGNATURE TO] SUBMIT A
10 LEGIBLE APPLICATION[, INDICATING] OR TO PROVIDE SUCH INFORMATION
11 AS MAY BE REQUIRED BY THE DIRECTOR, INCLUDING THE CLASS OF
12 LICENSE DESIRED, [EITHER PRINTED OR TYPED, ON FORMS SUPPLIED BY
13 THE COMMISSION AND CONTAINING SUCH INFORMATION] IN SUCH FORM AS
14 MAY BE REQUIRED BY THE DIRECTOR. [THE] THE SUBMISSION OF AN
15 APPLICATION OR THE TRANSMISSION OF REQUIRED INFORMATION TO THE
16 COMMISSION AND THE SIGNATURE OF THE [APPLICANT] LICENSEE ON THE
17 LICENSE SHALL CERTIFY THE CORRECTNESS OF ALL INFORMATION
18 [REQUIRED ON THE APPLICATION].
19 (B) SIGNATURE REQUIREMENTS.--ON ELECTRONICALLY FILED LICENSE
20 APPLICATIONS AND AFFIDAVITS, SIGNATURE REQUIREMENTS SHALL BE
21 DEEMED MET UPON CONFERRAL OF THE APPLICANT'S VALID CREDIT OR
22 DEBIT CARD NUMBER AND EXPIRATION DATE. ON ELECTRONICALLY FILED
23 JUNIOR LICENSE APPLICATIONS AND AFFIDAVITS, SIGNATURE
24 REQUIREMENTS SHALL BE DEEMED MET UPON CONFERRAL OF THE PARENT'S
25 OR GUARDIAN'S VALID CREDIT OR DEBIT CARD NUMBER AND EXPIRATION
26 DATE.
27 (C) POLICIES AND PROCEDURES.--THE EXECUTIVE DIRECTOR WITH
28 APPROVAL OF THE COMMISSION MAY ESTABLISH ADDITIONAL POLICIES AND
29 PROCEDURES AS NECESSARY FOR ACCEPTING AND PROCESSING
30 ELECTRONICALLY FILED LICENSE APPLICATIONS AND AFFIDAVITS.
19990H1087B4172 - 18 -
1 § 2711. UNLAWFUL ACTS CONCERNING LICENSES.
2 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
3 TITLE, IT IS UNLAWFUL FOR ANY PERSON TO:
4 * * *
5 (8) USE FIREARMS OF ANY KIND OR A BOW AND ARROW FOR THE
6 PURPOSE OF HUNTING ANY GAME OR WILDLIFE OR ATTEMPTING TO TAKE
7 OR KILL ANY GAME OR WILDLIFE BY HUNTING OR TRAPPING IF UNDER
8 12 YEARS OF AGE OR WHEN HUNTING OR TRAPPING ANY GAME OR
9 WILDLIFE OR ATTEMPTING TO HUNT OR TRAP ANY GAME OR WILDLIFE
10 IF BETWEEN 12 AND 14 YEARS OF AGE, UNLESS ACCOMPANIED BY A
11 PARENT OR A PERSON 18 YEARS OF AGE OR OLDER SERVING IN LOCO
12 PARENTIS OR AS GUARDIAN OR SOME OTHER FAMILY MEMBER 18 YEARS
13 OF AGE OR OLDER OR WHEN HUNTING IF BETWEEN 14 AND 16 YEARS OF
14 AGE, UNLESS ACCOMPANIED BY A PERSON 18 YEARS OF AGE OR
15 OLDER[.] OR FOR A PARENT, GUARDIAN, FAMILY MEMBER 18 YEARS OF
16 AGE OR OLDER OR PERSON 18 YEARS OF AGE OR OLDER SERVING IN
17 LOCO PARENTIS TO CAUSE OR ALLOW A PERSON BETWEEN 12 AND 16
18 YEARS OF AGE UNDER THEIR CHARGE TO HUNT OR TRAP UNACCOMPANIED
19 WHEN USING A FIREARM OF ANY KIND, BOW AND ARROW OR CROSSBOW.
20 FOR THE PURPOSE OF THIS PARAGRAPH "ACCOMPANY" MEANS CLOSE
21 ENOUGH THAT VERBAL INSTRUCTIONS AND GUIDANCE CAN BE EASILY
22 UNDERSTOOD. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
23 TO SECTION 2363 (RELATING TO TRAPPING EXCEPTION FOR CERTAIN
24 PERSONS).
25 * * *
26 § 2903. PERMIT YEAR.
27 EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERMITS SHALL
28 BE ISSUED FOR [THE TIME DESIGNATED AS THE FISCAL YEAR FOR THE
29 COMMONWEALTH.] A ONE-YEAR, TWO-YEAR OR THREE-YEAR TIME PERIOD
30 SELECTED BY THE APPLICANT FOR THE PERMIT BASED ON THE FISCAL
19990H1087B4172 - 19 -
1 YEAR FOR THE COMMONWEALTH. FEES UNDER SECTION 2904 (RELATING TO
2 PERMIT FEES) SHALL BE MULTIPLIED BY THE TIME PERIOD SELECTED BY
3 THE APPLICANT AND REMITTED AT THE TIME OF APPLICATION FOR THE
4 PERMIT. EXCEPT WHEN AN APPLICATION FOR A PERMIT IS REJECTED, ALL
5 FEES SHALL BE NONREFUNDABLE. THE PERMIT FOR A DISABLED PERSON TO
6 HUNT FROM A VEHICLE SHALL BE VALID FOR THE LIFETIME OF THE
7 DISABLED PERSON. THERE WILL BE NO REDUCED FEES FOR A PERMIT
8 ISSUED FOR LESS THAN A YEAR.
9 § 2923. DISABLED PERSON PERMITS.
10 (A) USE OF VEHICLE AS A BLIND.--
11 * * *
12 (3) PERMITTEES SHALL CARRY THE PERMIT UPON THEIR PERSON
13 WHILE HUNTING. ANY PERSON NAMED ON THIS PERMIT MAY HUNT WHILE
14 USING AN AUTOMOBILE OR OTHER VEHICLE AS A BLIND. THE
15 PERMITTEE SHALL NOT USE THE VEHICLE TO FLUSH OR LOCATE GAME.
16 THE VEHICLE MAY BE USED ONLY AS A BLIND OR PLATFORM FROM
17 WHICH TO SHOOT. THE FIREARM OR BOW AND ARROW OR CROSSBOW
18 SHALL BE UNLOADED AT ALL TIMES WHILE THE VEHICLE IS IN
19 MOTION.
20 * * *
21 (C) BOW AND ARROW OR CROSSBOW.--A PERMIT SHALL BE ISSUED TO
22 ANY PERSON WHO PRESENTS A DOCTOR'S CERTIFICATE SHOWING THAT THE
23 PERSON IS, BECAUSE OF A PERMANENT OR TEMPORARY PHYSICAL
24 CONDITION, UNABLE TO HUNT WITH A CONVENTIONAL BOW AND ARROW,
25 AUTHORIZING THAT PERSON TO HUNT BY THE USE OF:
26 (1) A BOW AND ARROW WHICH IS HELD IN PLACE BY A BRACE
27 SECURED AROUND THE BODY OF THE HUNTER OR IS TRIGGERED WITH
28 THE AID OF A MECHANICAL DEVICE.
29 (2) A CROSSBOW SUBJECT TO THE FOLLOWING RESTRICTIONS:
30 (I) WHEN HUNTING DEER, BEAR OR TURKEY, THE CROSSBOW
19990H1087B4172 - 20 -
1 MUST HAVE A DRAW WEIGHT OF NOT LESS THAN 125 POUNDS NOR
2 MORE THAN 200 POUNDS.
3 (II) THE ARROWS FOR THE CROSSBOW MUST BE TIPPED WITH
4 BROADHEADS OF A CUTTING EDGE DESIGN.
5 ANY PERMIT ISSUED UNDER THIS SUBSECTION SHALL BE VALID ONLY FOR
6 THE LICENSE YEAR FOR WHICH THE PERMIT IS ISSUED. THE PERMITTEE
7 SHALL CARRY THE PERMIT UPON HIS PERSON AT ALL TIMES WHILE
8 HUNTING. TO THE EXTENT THAT IT AUTHORIZES THE ISSUANCE OF
9 PERMITS BASED UPON TEMPORARY DISABILITY, THIS SUBSECTION SHALL
10 EXPIRE ON JUNE 30, 2003, UNLESS LEGISLATION IS ENACTED
11 REAUTHORIZING IT.
12 * * *
13 § 2930. PROPAGATING PERMITS.
14 * * *
15 (F.1) SEASONS AND BAG LIMITS.--ALL SPECIES OF GAME, OTHER
16 THAN THOSE SPECIFIED ON THE PERMIT, FOUND WITHIN THE LICENSED
17 ENCLOSURE COVERED BY THE PROPAGATING PERMIT MAY BE TAKEN WITHIN
18 THE LICENSED ENCLOSURE ONLY [UNDER THE GENERAL PROVISIONS OF
19 THIS TITLE GOVERNING SEASONS AND BAG LIMITS.] BY PERSONS IN
20 POSSESSION OF A VALID HUNTING OR FURTAKER LICENSE AND ONLY IN
21 ACCORDANCE WITH THE GENERAL PROVISIONS OF THIS TITLE AND
22 REGULATIONS OF THE COMMISSION GOVERNING SEASONS AND BAG LIMITS.
23 * * *
24 SECTION 5. (A) THE TOTAL AUTHORIZATION FOR THE CAPITAL
25 PROJECTS IN THE CATEGORY OF PUBLIC IMPROVEMENT PROJECTS TO BE
26 ACQUIRED BY THE PENNSYLVANIA GAME COMMISSION, AND TO BE FINANCED
27 FROM CURRENT REVENUES OF THE GAME FUND PURSUANT TO EXECUTIVE
28 AUTHORIZATIONS, SHALL BE $570,000.
29 (B) THE INDIVIDUAL CAPITAL PROJECTS IN THE CATEGORY OF
30 PUBLIC IMPROVEMENT PROJECTS TO BE ACQUIRED BY THE PENNSYLVANIA
19990H1087B4172 - 21 -
1 GAME COMMISSION, AND TO BE FINANCED FROM CURRENT REVENUES OF THE
2 GAME FUND PURSUANT TO EXECUTIVE AUTHORIZATIONS, ARE HEREBY
3 ITEMIZED, TOGETHER WITH THEIR RESPECTIVE ESTIMATED COSTS, AS
4 FOLLOWS:
5 (1) CLINTON COUNTY
6 (I) LAND ACQUISITION - 3,300 ACRES $570,000
7 SECTION 6. THE PROVISIONS OF THIS ACT SHALL APPLY AS
8 FOLLOWS:
9 (1) THE AMENDMENTS OF 34 PA.C.S. §§ 905 AND 925(B) SHALL
10 APPLY AS SPECIFIED BY THE EFFECTIVE DATE OF THE AMENDMENTS.
11 (2) THE REMAINDER OF THIS ACT SHALL APPLY TO THE LICENSE
12 YEARS BEGINNING ON OR AFTER JULY 1, 2001.
13 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
14 (1) THE AMENDMENT OF 34 PA.C.S. §§ 905 AND 925(B) SHALL
15 TAKE EFFECT IN 60 DAYS.
16 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
17 IMMEDIATELY.
C12L34RZ/19990H1087B4172 - 22 -