HOUSE AMENDED
PRIOR PRINTER'S NOS. 653, 2282 PRINTER'S NO. 2309
No. 612 Session of 1999
INTRODUCED BY KASUNIC, HELFRICK, CORMAN, STOUT, STAPLETON AND
WHITE, MARCH 18, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 20, 2000
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for controlled goose hunting
3 areas, FOR UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE, <--
4 FOR CERTAIN MANDATORY HUNTER EDUCATION REQUIREMENTS, FOR THE
5 USE OF CROSSBOWS AS LEGAL HUNTING DEVICES AND, FOR THE <--
6 APPLICATION, ISSUANCE AND FEES OF VARIOUS LICENSES INCLUDING
7 ELK HUNTING LICENSES, FOR DEER CONTROL PERMITS IN CITIES OF <--
8 THE FIRST CLASS AND FOR DISABLED PERSON PERMITS. <--
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 730 of Title 34 of the Pennsylvania <--
12 Consolidated Statutes is amended to read:
13 SECTION 1. SECTIONS 730, 929(A) AND (A.1), 2307(E)(1), 2308, <--
14 2522(F), 2704(D) AND 2705 OF TITLE 34 OF THE PENNSYLVANIA
15 CONSOLIDATED STATUTES ARE AMENDED TO READ:
16 § 730. Controlled goose hunting areas.
17 Applications are available in and must be submitted from the
18 current edition of Digest of Pennsylvania Hunting and Trapping
19 Regulations supplied with each hunting license. Applications
1 shall contain requested information, including the applicant's
2 current valid hunting license back tag number, including
3 letter[, and the number that appears on the Pennsylvania
4 Migratory Game Bird Hunting License, which is required for
5 application]. However, any person who has been selected to
6 reserve use of a Special Wildlife Management Area shall be
7 required to obtain a Pennsylvania Migratory Game Bird Hunting
8 License prior to the date of reservation. All other procedures
9 shall be established by regulations promulgated by the
10 commission.
11 Section 2. This act shall take effect in 60 days. <--
12 § 929. REVOCATION OR DENIAL OF LICENSE, PERMIT OR REGISTRATION. <--
13 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
14 TITLE, ANY HUNTING OR FURTAKING LICENSE, SPECIAL LICENSE OR
15 PERMIT OR REGISTRATION GRANTED UNDER THE AUTHORITY OF THIS TITLE
16 MAY BE REVOKED BY THE COMMISSION WHEN THE HOLDER OF THE LICENSE,
17 PERMIT OR REGISTRATION IS CONVICTED OF AN OFFENSE UNDER THIS
18 TITLE OR HAS ACTED CONTRARY TO THE INTENT OF THE LICENSE,
19 SPECIAL LICENSE, REGISTRATION OR PERMIT, WITH EACH OFFENSE
20 CONSTITUTING A SEPARATE VIOLATION SUBJECT TO SEPARATE
21 REVOCATION. THE COMMISSION MAY REFUSE TO GRANT TO THAT PERSON
22 ANY NEW LICENSE, SPECIAL LICENSE OR PERMIT OR REGISTRATION AND
23 MAY DENY ANY PRIVILEGE GRANTED BY THESE DOCUMENTS FOR A PERIOD
24 NOT EXCEEDING FIVE YEARS UNLESS OTHERWISE PROVIDED IN THIS
25 TITLE. [A PERSON WHOSE LICENSE, PERMIT OR REGISTRATION IS
26 REVOKED OR SUSPENDED UNDER A PROVISION OF THIS TITLE REQUIRING
27 MANDATORY REVOCATION OR SUSPENSION MUST, IN ORDER TO OBTAIN
28 RESTORATION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
29 HUNTER EDUCATION COURSE UNDER SECTION 2704(B) (RELATING TO
30 ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT TO THE PERIOD OF
19990S0612B2309 - 2 -
1 REVOCATION.]
2 (A.1) [HUNTER] REMEDIAL HUNTER EDUCATION COURSE.--A PERSON
3 WHOSE PRIVILEGE TO HUNT WITH OR WITHOUT A LICENSE ANYWHERE IN
4 THIS COMMONWEALTH IS REVOKED OR SUSPENDED UNDER A PROVISION OF
5 THIS TITLE REQUIRING MANDATORY REVOCATION OR SUSPENSION SHALL,
6 IN ORDER TO OBTAIN RESTORATION, PRESENT EVIDENCE OF THE
7 SUCCESSFUL COMPLETION OF A REMEDIAL HUNTER EDUCATION COURSE
8 [UNDER SECTION 2704(B) TAKEN SUBSEQUENT TO EACH PERIOD OF
9 REVOCATION OR SUSPENSION.] AS PROVIDED BY THE DIRECTOR AND
10 APPROVED BY THE COMMISSION PRIOR TO OBTAINING A LICENSE. THIS
11 COURSE MAY BE TAKEN NO EARLIER THAN THREE MONTHS PRIOR TO THE
12 END OF THE PERIOD OF REVOCATION. THE COMMISSION SHALL PROMULGATE
13 REGULATIONS ESTABLISHING THE CURRICULUM, ADMINISTRATION AND ANY
14 ASSOCIATED FEES OF SUCH A REMEDIAL COURSE WHICH FEES SHALL BEAR
15 A REASONABLE RELATIONSHIP TO THE COSTS OF PROVIDING THE COURSE
16 AND THE COURSE MATERIALS.
17 * * *
18 § 2307. UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE.
19 * * *
20 (E) PENALTIES.--A VIOLATION OF THIS SECTION RELATING TO:
21 (1) THREATENED OR ENDANGERED SPECIES IS A MISDEMEANOR OF
22 THE [THIRD] SECOND DEGREE.
23 * * *
24 § 2308. UNLAWFUL DEVICES AND METHODS.
25 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
26 TITLE, IT IS UNLAWFUL FOR ANY PERSON TO HUNT OR AID, ABET,
27 ASSIST OR CONSPIRE TO HUNT ANY GAME OR WILDLIFE THROUGH THE USE
28 OF:
29 (1) AN AUTOMATIC FIREARM OR SIMILAR DEVICE.
30 (2) A SEMIAUTOMATIC RIFLE OR PISTOL.
19990S0612B2309 - 3 -
1 [(3) A CROSSBOW.] RESERVED.
2 (4) A SEMIAUTOMATIC SHOTGUN OR MAGAZINE SHOTGUN FOR
3 HUNTING OR TAKING SMALL GAME, FURBEARERS, TURKEY OR
4 UNPROTECTED BIRDS UNLESS THE SHOTGUN IS PLUGGED TO A TWO-
5 SHELL CAPACITY IN THE MAGAZINE.
6 (5) ANY DEVICE OPERATED BY AIR, CHEMICAL OR GAS CYLINDER
7 BY WHICH A PROJECTILE OF ANY SIZE OR KIND CAN BE DISCHARGED
8 OR PROPELLED.
9 (6) ANY RECORDED CALL OR SOUND OR RECORDED OR
10 ELECTRONICALLY AMPLIFIED IMITATION OF A CALL OR SOUND OF ANY
11 DESCRIPTION OR ANY OTHER CALL OR SOUND OR IMITATION OF CALLS
12 OR SOUNDS WHICH ARE PROHIBITED BY REGULATIONS OF THE
13 COMMISSION. THE COMMISSION SHALL BE AUTHORIZED, BY
14 RESOLUTION, TO ADOPT RULES AND REGULATIONS AUTHORIZING THE
15 LIMITED USE OF RECORDED CALLS OR SOUNDS OR RECORDED OR
16 ELECTRONICALLY AMPLIFIED IMITATION OF CALLS OR SOUNDS WHEN
17 SUCH USE IS NECESSARY IN THE COMMISSION'S JUDGMENT TO PROTECT
18 THE PUBLIC HEALTH AND SAFETY OR TO PRESERVE THAT SPECIES OR
19 ANY OTHER ENDANGERED BY IT.
20 (7) A VEHICLE OR CONVEYANCE OF ANY KIND OR ITS
21 ATTACHMENT PROPELLED BY OTHER THAN MANPOWER. NOTHING IN THIS
22 SUBSECTION SHALL PERTAIN TO ANY MOTORBOAT OR SAILBOAT IF THE
23 MOTOR HAS BEEN COMPLETELY SHUT OFF OR SAIL FURLED, AND THE
24 PROGRESS THEREOF HAS CEASED.
25 (8) ANY ARTIFICIAL OR NATURAL BAIT, HAY, GRAIN, FRUIT,
26 NUT, SALT, CHEMICAL, MINERAL OR OTHER FOOD AS AN ENTICEMENT
27 FOR GAME OR WILDLIFE, REGARDLESS OF KIND AND QUANTITY, OR
28 TAKE ADVANTAGE OF ANY SUCH AREA OR FOOD OR BAIT PRIOR TO 30
29 DAYS AFTER THE REMOVAL OF SUCH MATERIAL AND ITS RESIDUE.
30 NOTHING CONTAINED IN THIS SUBSECTION SHALL PERTAIN TO NORMAL
19990S0612B2309 - 4 -
1 OR ACCEPTED FARMING, HABITAT MANAGEMENT PRACTICES, OIL AND
2 GAS DRILLING, MINING, FOREST MANAGEMENT ACTIVITIES OR OTHER
3 LEGITIMATE COMMERCIAL OR INDUSTRIAL PRACTICES. UPON DISCOVERY
4 OF SUCH BAITED AREAS, WHETHER PROSECUTION IS CONTEMPLATED OR
5 NOT, THE COMMISSION MAY CAUSE A REASONABLE AREA SURROUNDING
6 THE ENTICEMENT TO BE POSTED AGAINST HUNTING OR TAKING GAME OR
7 WILDLIFE. THE POSTERS SHALL REMAIN FOR 30 DAYS AFTER COMPLETE
8 REMOVAL OF THE BAIT.
9 (9) ANY SETGUN, NET, BIRD LIME, DEER LICK, PIT OR PIT
10 FALL, TURKEY BLIND OR TURKEY PEN OR ANY EXPLOSIVE, POISON OR
11 CHEMICAL OF ANY KIND.
12 (9.1) ANY DEVICE WHICH PERMITS THE RELEASE OF TWO OR
13 MORE ARROWS SIMULTANEOUSLY ON A SINGLE FULL DRAW OF A BOW.
14 (10) ANY OTHER DEVICE OR METHOD OF ANY KIND PROHIBITED
15 BY THIS TITLE OR REGULATIONS PROMULGATED UNDER THIS TITLE.
16 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
17 APPLY TO:
18 (1) ANY ARCHERY SIGHT OR FIREARM'S SCOPE WHICH CONTAINS
19 AND USES ANY MECHANICAL, PHOTOELECTRIC, ULTRAVIOLET OR SOLAR-
20 POWERED DEVICE TO SOLELY ILLUMINATE THE SIGHT OR CROSSHAIRS
21 WITHIN THE SCOPE. NO ARCHERY SIGHT OR FIREARM'S SCOPE SHALL
22 CONTAIN OR USE ANY DEVICE, NO MATTER HOW POWERED, TO PROJECT
23 OR TRANSMIT ANY LIGHT BEAM, INFRARED BEAM, ULTRAVIOLET LIGHT
24 BEAM, RADIO BEAM, THERMAL BEAM, ULTRASONIC BEAM, PARTICLE
25 BEAM OR OTHER BEAM OUTSIDE THE SIGHT OR SCOPE ONTO THE
26 TARGET.
27 (2) ANY POLITICAL SUBDIVISION, ITS EMPLOYEES OR AGENTS,
28 WHICH HAS A VALID DEER CONTROL PERMIT ISSUED UNDER SECTION
29 2902(C) (RELATING TO GENERAL CATEGORIES OF PERMITS).
30 (C) PENALTIES.--
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1 (1) A VIOLATION OF SUBSECTION (A)(1), (2), [(3),] (4) OR
2 (5) IS A SUMMARY OFFENSE OF THE FIFTH DEGREE.
3 (2) A VIOLATION OF SUBSECTION (A)(7) IS A SUMMARY
4 OFFENSE OF THE THIRD DEGREE.
5 (3) A VIOLATION OF ANY OTHER PROVISION OF THIS SECTION
6 IS A SUMMARY OFFENSE OF THE FOURTH DEGREE.
7 § 2522. SHOOTING AT OR CAUSING INJURY TO HUMAN BEINGS.
8 * * *
9 (F) MANDATORY REMEDIAL HUNTER EDUCATION.--ANY PERSON WHOSE
10 PRIVILEGE TO HUNT OR TAKE GAME IS SUSPENDED UNDER SUBSECTION (C)
11 SHALL, PRIOR TO OBTAINING A LICENSE AFTER THE PERIOD OF
12 SUSPENSION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
13 REMEDIAL HUNTER EDUCATION COURSE [AS PRESCRIBED IN SECTION
14 2704(B) (RELATING TO ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT
15 TO EACH SUSPENSION OF THE LICENSE] AS PROVIDED BY THE DIRECTOR
16 AND APPROVED BY THE COMMISSION.
17 * * *
18 § 2704. ELIGIBILITY FOR LICENSE.
19 * * *
20 (D) DUTIES OF COMMISSION.--
21 (1) THE COMMISSION SHALL PROVIDE FOR A COURSE OF
22 INSTRUCTION, APPROVED BY THE DIRECTOR, IN THE SAFE AND
23 ETHICAL UTILIZATION OF FIREARMS AND TRAPS OR OTHER DEVICES
24 USED FOR TAKING FURBEARERS. THE COMMISSION MAY COOPERATE WITH
25 ANY REPUTABLE ASSOCIATION OR ORGANIZATION IN PRESENTATION OF
26 THIS COURSE.
27 (2) THE COMMISSION MAY DESIGNATE ANY PERSON WHO THE
28 COMMISSION DETERMINES TO BE COMPETENT TO GIVE INSTRUCTION IN
29 THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES TO ACT AS AN
30 INSTRUCTOR. THE APPOINTED PERSON SHALL GIVE THE COURSE OF
19990S0612B2309 - 6 -
1 INSTRUCTION AND SHALL ISSUE TO EACH PERSON WHO SUCCESSFULLY
2 COMPLETES THE COURSE OF INSTRUCTION A CERTIFICATE OF TRAINING
3 IN THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES. NO
4 CHARGE SHALL BE MADE FOR THE COURSE OF INSTRUCTION, EXCEPT
5 [FOR MATERIALS OR AMMUNITION CONSUMED] AS MAY BE PROVIDED BY
6 THIS TITLE OR BY REGULATIONS PROMULGATED UNDER THIS TITLE.
7 (3) THE COMMISSION SHALL FURNISH INFORMATION ON THE
8 REQUIREMENTS OF THE FURTAKER'S EDUCATION PROGRAM WHICH SHALL
9 BE DISTRIBUTED, FREE OF CHARGE, TO APPLICANTS FOR FURTAKER
10 LICENSES BY THE PERSONS APPOINTED AND AUTHORIZED TO ISSUE THE
11 LICENSES.
12 (4) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
13 THOSE PERSONS UNDER 12 YEARS OF AGE WHO TRAP FURBEARERS UNDER
14 THE DIRECT SUPERVISION OF AN ADULT LICENSED FURTAKER 18 YEARS
15 OF AGE OR OLDER.
16 * * *
17 § 2705. CLASSES OF LICENSES.
18 UNLESS OTHERWISE PROVIDED, ANY PERSON WISHING TO EXERCISE ANY
19 OF THE PRIVILEGES GRANTED BY THIS TITLE SHALL FIRST SECURE THE
20 APPLICABLE RESIDENT OR NONRESIDENT HUNTING OR FURTAKER LICENSE
21 AS FOLLOWS:
22 (1) ADULT RESIDENT HUNTING LICENSES TO RESIDENTS WHO
23 HAVE REACHED THEIR 17TH BIRTHDAY BUT HAVE NOT REACHED THEIR
24 65TH BIRTHDAY.
25 (2) JUNIOR RESIDENT HUNTING LICENSES TO RESIDENTS WHO
26 HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY IN THE
27 [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE BUT WHO
28 HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE DATE OF THE
29 APPLICATION FOR THE LICENSE AND WHO PRESENT A WRITTEN
30 REQUEST, BEARING THE SIGNATURE OF A PARENT OR GUARDIAN, FOR
19990S0612B2309 - 7 -
1 THE ISSUANCE OF A LICENSE. THE ACTUAL HUNTING PRIVILEGES
2 GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL NOT BE
3 EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF AGE.
4 (3) SENIOR RESIDENT HUNTING LICENSES OR, AT THE OPTION
5 OF THE APPLICANT, A SENIOR LIFETIME RESIDENT HUNTING LICENSE
6 TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 65TH
7 BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
8 LICENSE. THE COMMISSION SHALL DEVELOP, IMPLEMENT AND
9 ADMINISTER A SYSTEM TO PROVIDE TAGS, REPORT CARDS AND
10 APPLICATIONS TO THOSE RESIDENTS WHO HOLD A SENIOR LIFETIME
11 RESIDENT HUNTING LICENSE ISSUED UNDER THIS PARAGRAPH. THE
12 SYSTEM SHALL REQUIRE THE APPLICANT OR LICENSE HOLDER TO PAY
13 ANY APPROVED FEE ASSESSED BY THE ISSUING AGENT.
14 (4) ADULT RESIDENT FURTAKER LICENSES TO RESIDENTS WHO
15 HAVE REACHED THEIR 17TH BIRTHDAY BUT HAVE NOT REACHED THEIR
16 65TH BIRTHDAY.
17 (5) JUNIOR RESIDENT FURTAKER LICENSES TO RESIDENTS WHO
18 HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY IN THE
19 [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE BUT WHO
20 HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE DATE OF THE
21 APPLICATION FOR THE LICENSE AND WHO PRESENT A WRITTEN
22 REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR GUARDIAN,
23 FOR THE ISSUANCE OF A LICENSE. THE ACTUAL FURTAKING
24 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
25 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
26 AGE.
27 (6) SENIOR RESIDENT FURTAKER LICENSES OR, AT THE OPTION
28 OF THE APPLICANT, A SENIOR LIFETIME RESIDENT FURTAKER LICENSE
29 TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 65TH
30 BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
19990S0612B2309 - 8 -
1 LICENSE.
2 (7) SENIOR LIFETIME RESIDENT COMBINATION HUNTING AND
3 FURTAKING LICENSE, INCLUDING ARCHERY AND MUZZLELOADER
4 PRIVILEGES, TO RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR
5 65TH BIRTHDAY IN THE LICENSE YEAR OF THE APPLICATION FOR THE
6 LICENSE. THE COMMISSION SHALL DEVELOP, IMPLEMENT AND
7 ADMINISTER A SYSTEM TO PROVIDE TAGS, REPORT CARDS AND
8 APPLICATIONS TO THOSE RESIDENTS WHO HOLD A SENIOR LIFETIME
9 RESIDENT HUNTING LICENSE ISSUED UNDER THIS PARAGRAPH. THE
10 SYSTEM SHALL REQUIRE THE APPLICANT OR LICENSE HOLDER TO PAY
11 ANY APPROVED FEE ASSESSED BY THE ISSUING AGENT.
12 (7.1) JUNIOR RESIDENT COMBINATION HUNTING AND FURTAKER
13 LICENSE, INCLUDING ARCHERY AND MUZZLELOADER PRIVILEGES, TO
14 RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY
15 IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A LICENSE
16 BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE
17 DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
18 WRITTEN REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR
19 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL
20 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR RESIDENT
21 COMBINATION LICENSE SHALL NOT BE EXERCISED UNTIL THAT PERSON
22 IN FACT IS 12 YEARS OF AGE.
23 (8) ADULT NONRESIDENT HUNTING LICENSES TO ALL
24 NONRESIDENTS OF 17 YEARS OF AGE OR OLDER.
25 (9) JUNIOR NONRESIDENT HUNTING LICENSES TO ALL
26 NONRESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH
27 BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A
28 LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO
29 THE DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
30 WRITTEN REQUEST, BEARING THE SIGNATURE OF A PARENT OR
19990S0612B2309 - 9 -
1 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL HUNTING
2 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
3 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
4 AGE.
5 (10) ADULT NONRESIDENT FURTAKER LICENSES TO NONRESIDENTS
6 OF 17 YEARS OF AGE OR OLDER.
7 (11) JUNIOR NONRESIDENT FURTAKER LICENSES TO
8 NONRESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH
9 BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF APPLICATION FOR A
10 LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO
11 THE DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
12 WRITTEN REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR
13 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL FURTAKING
14 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR LICENSE SHALL
15 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
16 AGE.
17 (11.1) JUNIOR NONRESIDENT COMBINATION HUNTING AND
18 FURTAKER LICENSE, INCLUDING ARCHERY AND MUZZLELOADER
19 PRIVILEGES, TO NONRESIDENTS WHO HAVE REACHED OR WILL REACH
20 THEIR 12TH BIRTHDAY IN THE [CALENDAR] LICENSE YEAR OF
21 APPLICATION FOR A LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH
22 BIRTHDAY PRIOR TO THE DATE OF THE APPLICATION FOR THE LICENSE
23 AND WHO PRESENT A WRITTEN REQUEST, CONTAINING THE SIGNATURE
24 OF A PARENT OR GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE
25 ACTUAL PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR
26 NONRESIDENT COMBINATION LICENSE SHALL NOT BE EXERCISED UNTIL
27 THAT PERSON IN FACT IS 12 YEARS OF AGE.
28 (12) SEVEN-DAY NONRESIDENT SMALL GAME LICENSE TO PERSONS
29 ELIGIBLE TO PROCURE A NONRESIDENT HUNTING LICENSE. THE
30 LICENSE SHALL BE VALID FOR A PERIOD OF SEVEN CONSECUTIVE
19990S0612B2309 - 10 -
1 DAYS. THE HOLDER OF THE LICENSE SHALL BE ENTITLED TO HUNT
2 FOR, TAKE OR KILL CROWS AND SMALL GAME.
3 (13) ANTLERLESS DEER LICENSES, BEAR LICENSES, ARCHERY
4 LICENSES, MUZZLELOADER LICENSES AND ANY OTHER LICENSE
5 REQUIRED TO INSURE JUST AND PROPER ADMINISTRATION OF THIS
6 TITLE AND SOUND GAME OR WILDLIFE CONSERVATION TO ELIGIBLE
7 PERSONS, SUBJECT TO THE REGULATIONS, REQUIREMENTS AND
8 CONDITIONS WHICH THE COMMISSION SHALL ESTABLISH. ANY SUCH
9 LICENSE SHALL BE MADE AVAILABLE TO RESIDENTS SERVING ON
10 ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES OR IN
11 THE UNITED STATES COAST GUARD WITHOUT REGARD TO QUOTA
12 LIMITATIONS OR APPLICATION DEADLINES.
13 (14) MIGRATORY GAME BIRD LICENSES FOR HUNTING ALL
14 MIGRATORY GAME BIRDS TO ELIGIBLE PERSONS, SUBJECT TO THE
15 REGULATIONS, REQUIREMENTS AND CONDITIONS WHICH THE COMMISSION
16 SHALL ESTABLISH. ANY SUCH LICENSE SHALL BE MADE AVAILABLE TO
17 RESIDENTS SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE
18 UNITED STATES OR IN THE UNITED STATES COAST GUARD WITHOUT
19 REGARD TO QUOTA LIMITATIONS OR APPLICATION DEADLINES.
20 (15) ELK HUNTING LICENSE TO PERSONS ELIGIBLE FOR CLASSES
21 OF LICENSES IN PARAGRAPHS (1), (2), (3), (7), (7.1), (8), (9)
22 AND (11.1). NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
23 TITLE OR THE REGULATIONS PROMULGATED THEREUNDER, ELK LICENSES
24 UNDER THIS PARAGRAPH SHALL NOT BE SUBJECT TO THE PROVISIONS
25 OF SECTIONS 2706 (RELATING TO RESIDENT LICENSE AND FEE
26 EXEMPTIONS) AND 2706.1 (RELATING TO COMPLIMENTARY NONRESIDENT
27 LICENSES). TO ENSURE SOUND MANAGEMENT OF PENNSYLVANIA'S WILD
28 ELK POPULATION, THE COMMISSION MAY PROMULGATE REGULATIONS TO
29 ESTABLISH A LIMITED NUMBER OF LICENSES. THE COMMISSION MAY
30 ESTABLISH A NONREFUNDABLE APPLICATION FEE AT A COST OF $10.
19990S0612B2309 - 11 -
1 SECTION 2. TITLE 34 IS AMENDED BY ADDING A SECTION TO READ:
2 § 2706.2. APPLICATION LIMITATION.
3 WHENEVER THE COMMISSION MAKES A DETERMINATION TO AUTHORIZE A
4 HUNTING SEASON FOR THE TAKING OF ELK, NO PERSON MAY SUBMIT MORE
5 THAN ONE APPLICATION FOR AN ELK HUNTING LICENSE IN ANY LICENSE
6 YEAR.
7 SECTION 3. SECTION 2708 OF TITLE 34 IS AMENDED TO READ:
8 § 2708. APPLICATION REQUIREMENTS.
9 (A) GENERAL RULE.--APPLICANTS FOR ANY CLASS OF LICENSE SHALL
10 BE REQUIRED TO [COMPLETE AND AFFIX THEIR SIGNATURE TO] SUBMIT A
11 LEGIBLE APPLICATION[, INDICATING] OR TO PROVIDE SUCH INFORMATION
12 AS MAY BE REQUIRED BY THE DIRECTOR, INCLUDING THE CLASS OF
13 LICENSE DESIRED, [EITHER PRINTED OR TYPED, ON FORMS SUPPLIED BY
14 THE COMMISSION AND CONTAINING SUCH INFORMATION] IN SUCH FORM AS
15 MAY BE REQUIRED BY THE DIRECTOR. THE SUBMISSION OF AN
16 APPLICATION OR THE TRANSMISSION OF REQUIRED INFORMATION TO THE
17 COMMISSION AND THE SIGNATURE OF THE [APPLICANT] LICENSEE ON THE
18 LICENSE SHALL CERTIFY THE CORRECTNESS OF ALL INFORMATION
19 [REQUIRED ON THE APPLICATION].
20 (B) ELECTRONIC FILING.--ON ELECTRONICALLY FILED LICENSE
21 APPLICATIONS AND AFFIDAVITS, SIGNATURE REQUIREMENTS SHALL BE
22 DEEMED MET UPON CONFERRAL OF THE APPLICANT'S VALID CREDIT OR
23 DEBIT CARD NUMBER AND EXPIRATION DATE. ON ELECTRONICALLY FILED
24 JUNIOR LICENSE APPLICATIONS AND AFFIDAVITS, SIGNATURE
25 REQUIREMENTS SHALL BE DEEMED MET UPON CONFERRAL OF THE PARENT OR
26 GUARDIAN'S VALID CREDIT OR DEBIT CARD NUMBER AND EXPIRATION
27 DATE.
28 (C) ADDITIONAL POLICIES.--THE DIRECTOR WITH APPROVAL OF THE
29 COMMISSION MAY ESTABLISH ADDITIONAL POLICIES AND PROCEDURES AS
30 NECESSARY FOR ACCEPTING AND PROCESSING ELECTRONICALLY FILED
19990S0612B2309 - 12 -
1 LICENSE APPLICATIONS AND AFFIDAVITS.
2 SECTION 4. SECTION 2709(A) OF TITLE 34 IS AMENDED BY ADDING
3 A PARAGRAPH TO READ:
4 § 2709. LICENSE COSTS AND FEES.
5 (A) LICENSE COSTS.--ANY PERSON WHO QUALIFIES UNDER THE
6 PROVISIONS OF THIS CHAPTER SHALL BE ISSUED THE APPLICABLE
7 LICENSE UPON PAYMENT OF THE FOLLOWING COSTS AND THE ISSUING
8 AGENT'S FEE:
9 * * *
10 (21) ELK HUNTING LICENSE:
11 (I) RESIDENT - $25
12 (II) NONRESIDENT - $250
13 * * *
14 SECTION 5. SECTION 2902 OF TITLE 34 IS AMENDED BY ADDING A <--
15 SUBSECTION TO READ:
16 § 2902. GENERAL CATEGORIES OF PERMITS.
17 * * *
18 (D) DEER CONTROL PERMITS IN CITIES OF THE FIRST CLASS.--
19 (1) THE DIRECTOR SHALL ISSUE A PERMIT TO CONTROL DEER
20 WITHIN 30 DAYS OF RECEIPT OF AN APPLICATION BY A CITY OF THE
21 FIRST CLASS, OR BY ANY DEPARTMENT, AGENCY, BOARD OR
22 COMMISSION OF A CITY OF THE FIRST CLASS. THE COMMISSION MAY
23 PROMULGATE REGULATIONS TO CONTROL THE ACTIVITIES WHICH MAY BE
24 PERFORMED UNDER AUTHORITY OF THE PERMIT ISSUED UNDER THIS
25 SUBSECTION.
26 (2) A PERMIT FOR CONTROLLING DEER ISSUED TO A CITY OF
27 THE FIRST CLASS, OR TO ANY DEPARTMENT, AGENCY, BOARD OR
28 COMMISSION OF A CITY OF THE FIRST CLASS, SHALL NOT BE LIMITED
29 BY OR SUBJECT TO ANY REQUIREMENT THAT INCLUDES PUBLIC HUNTING
30 OR CONTROLLED HUNTING BY LICENSED HUNTERS.
19990S0612B2309 - 13 -
1 (3) ACTIVITY TO CONTROL DEER OR OTHER GAME OR WILDLIFE
2 CONDUCTED BY A CITY OF THE FIRST CLASS, OR ANY DEPARTMENT,
3 AGENCY, BOARD OR COMMISSION OF A CITY OF THE FIRST CLASS,
4 SHALL NOT BE CONSTRUED TO CONSTITUTE "HUNTING" OR "TAKE" AS
5 DEFINED IN SECTION 102 (RELATING TO DEFINITIONS).
6 (4) A CITY OF THE FIRST CLASS, OR ANY DEPARTMENT,
7 AGENCY, BOARD OR COMMISSION OF A CITY OF THE FIRST CLASS,
8 THAT IS ISSUED A PERMIT TO CONTROL DEER MAY CONDUCT DEER
9 CONTROL ACTIVITY AT ANY TIME OR TIMES DURING THE TERM OF THE
10 PERMIT, REGARDLESS OF SEASON.
11 (5) IT IS UNLAWFUL FOR ANY PERSON TO INTERFERE WITH OR
12 DISRUPT ANY ACTIVITIES CONDUCTED BY A CITY OF THE FIRST
13 CLASS, OR ANY DEPARTMENT, AGENCY, BOARD OR COMMISSION OF A
14 CITY OF THE FIRST CLASS UNDER A PERMIT ISSUED UNDER THIS
15 SECTION. A VIOLATION OF THIS SUBSECTION IS A SUMMARY OFFENSE
16 OF THE SECOND DEGREE. THIS SUBSECTION SHALL NOT BE CONSTRUED
17 TO PROHIBIT A CITY OF THE FIRST CLASS FROM ENFORCING LOCAL
18 STATUTES OR FROM SEEKING DAMAGES SUFFERED BY SUCH CITY AS A
19 RESULT OF SUCH INTERFERENCE OR DISRUPTION.
20 SECTION 5 6. SECTION 2923(C) OF TITLE 34 IS AMENDED TO READ: <--
21 § 2923. DISABLED PERSON PERMITS.
22 * * *
23 (C) BOW AND ARROW OR CROSSBOW.--A PERMIT SHALL BE ISSUED TO
24 ANY PERSON WHO PRESENTS A DOCTOR'S CERTIFICATE SHOWING THAT THE
25 PERSON IS, BECAUSE OF A PERMANENT OR TEMPORARY PHYSICAL
26 CONDITION, UNABLE TO HUNT WITH A CONVENTIONAL BOW AND ARROW,
27 AUTHORIZING THAT PERSON TO HUNT BY THE USE OF:
28 (1) A BOW AND ARROW WHICH IS HELD IN PLACE BY A BRACE
29 SECURED AROUND THE BODY OF THE HUNTER OR IS TRIGGERED WITH
30 THE AID OF A MECHANICAL DEVICE.
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1 (2) A CROSSBOW SUBJECT TO THE FOLLOWING RESTRICTIONS:
2 (I) WHEN HUNTING DEER, BEAR OR TURKEY, THE CROSSBOW
3 MUST HAVE A DRAW WEIGHT OF NOT LESS THAN 125 POUNDS NOR
4 MORE THAN 200 POUNDS.
5 (II) THE ARROWS FOR THE CROSSBOW MUST BE TIPPED WITH
6 BROADHEADS OF A CUTTING EDGE DESIGN.
7 ANY PERMIT ISSUED UNDER THIS SUBSECTION SHALL BE VALID ONLY FOR
8 THE LICENSE YEAR FOR WHICH THE PERMIT IS ISSUED. THE PERMITTEE
9 SHALL CARRY THE PERMIT UPON HIS PERSON AT ALL TIMES WHILE
10 HUNTING. TO THE EXTENT THAT IT AUTHORIZES THE ISSUANCE OF
11 PERMITS BASED UPON TEMPORARY DISABILITY, THIS SUBSECTION SHALL
12 EXPIRE ON JUNE 30, 2003, UNLESS LEGISLATION IS ENACTED
13 REAUTHORIZING IT.
14 * * *
15 SECTION 6 7. THE AMENDMENT OR ADDITION OF 34 PA.C.S. §§ <--
16 2705(15), 2706.2 AND 2709(A) SHALL APPLY TO THE LICENSE YEARS
17 BEGINNING ON OR AFTER JULY 1, 2001.
18 SECTION 7 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
19 (1) THE AMENDMENT OR ADDITION OF 34 PA.C.S. §§ 730,
20 2308, 2705(15), 2706.1, 2706.2, 2708 AND 2709(A)(21) SHALL
21 TAKE EFFECT IN 60 DAYS.
22 (2) THE AMENDMENT OF 34 PA.C.S. §§ 929(A) AND (A.1),
23 2522(F) AND 2704(D) SHALL TAKE EFFECT JULY 1, 2001.
24 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
25 IMMEDIATELY.
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