Regular Session 2017-2018 House Bill 1483 P.N. 3953

PRINTER'S NO. 3953

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1483

Session of

2018

INTRODUCED BY MALONEY, HANNA, MASSER, CUTLER, GODSHALL, COOK,

JOZWIAK, WHEELAND, READSHAW, SACCONE, ZIMMERMAN, BAKER,

GREINER, KORTZ AND QUIGLEY, SEPTEMBER 7, 2018

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 7, 2018

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in Pennsylvania Game Commission, further

providing for powers and duties of commission and for

accountability; establishing the Forest and Wildlife Advisory

Council and providing for its powers and duties; in hunting

and furtaking, providing for senior hunting license holders;

and, in special licenses and permits, further providing for

authority to issue permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 34 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Carrying capacity." The maximum number of animals of a

species that a habitat or ecosystem may support and sustain.

* * *

"Conservation." The wise management and use of natural

resources.

* * *

"Council." The Forest and Wildlife Advisory Council

established under section 328 (relating to accountability).

* * *

"Ecosystem." An ecological environment consisting of all the

living organisms, such as plants and animals, in the unit of

space, as well as all the nonliving, physical components of the

environment with which the organisms interact, such as air,

soil, water and sunlight. The term may be represented by a unit

of space, including a drop of water, lake, forest or mountain.

The term may include a wildlife management unit as described by

the commission.

* * *

"Habitat." A natural area, such as a forest, field or body

of water, where an animal commonly lives or where individuals of

a population live and that provides essential food, water, cover

and living space.

* * *

"Maximum sustained yield." The management of game animals,

including whitetail deer, in order to produce the maximum number

of animals for consumptive use that may be sustained over time,

thus maximizing the recreational aspects of the harvest.

* * *

Section 2. Section 322 of Title 34 is amended to read:

§ 322. Powers and duties of commission.

(a) Duties.--It shall be the duty of the commission to

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protect, propagate, manage and preserve the game or wildlife of

this Commonwealth and to enforce, by proper actions and

proceedings, the laws of this Commonwealth relating thereto. In

fulfilling the duty, the commission shall focus primarily on

serving the interest of sportsmen and the special heritage of

recreational hunting and furtaking in this Commonwealth.

(b) General powers and duties.--The commission has the power

and duty to take all actions necessary for the administration

and enforcement of this title. In all wildlife management

decisions, the commissioners shall be guided by the principles

of best management practices utilizing scientific analysis

supported by verifiable data with equal regard for the social,

economic and recreational impacts of their decisions.

and enforce this title, the commission through proper action

shall:

(1) Subject to section 2102(b) (relating to [seasons,

possession, bag limits and devices] regulations), fix

seasons, daily shooting or taking hours, and any modification

thereof, and daily, season and possession limits for any

species of game or wildlife[.], provided that the antlerless

deer rifle season may not exceed three days during a license

year and occurs only after the end of the antlered deer rifle

season.

(2) Remove protection, declare an open season or

increase, reduce or close a season.

(3) Increase or reduce bag limits or possession limits.

(4) Define geographic limitations or restrictions,

except that each county of this Commonwealth shall constitute

a separate wildlife management unit.

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(5) Fix the type and number of devices which may be used

to take game or wildlife.

(6) Limit the number of hunters or furtakers in any

designated area and prescribe the lawful methods of hunting

or taking furbearers in these areas[.], except that the

annual number of antlerless deer permits shall be issued

according to each county-based wildlife management unit.

Regarding deer management, the total annual number of

antlerless deer licenses that are allocated by the commission

for each wildlife management unit shall be the number

recommended by the council under section 328(f)(5) (relating

to accountability).

(7) Govern the use of recorded calls or sounds or

amplified calls or sounds of any description for taking or

hunting game or wildlife.

(8) Add to or change the classification of any wild bird

or wild animal.

(9) Prohibit the possession, importation, exportation or

release of any species of birds or animals which may be

considered dangerous or injurious to the general public or to

the wildlife of this Commonwealth.

(10) Manage and develop its lands and waters and other

government or private lands and waters under agreement with

the owners as it considers advisable and, by proper action

and proceedings, enact and enforce regulations to insure the

prudent and proper use of these lands. In order to assist the

commission in performing its duties under this title, the

organization selected by the council under section 328(f)(5)

shall design a habitat enhancement program that benefits deer

and other forest-dwelling game and nongame species of

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wildlife and that serves the interests of sportsmen for

recreational hunting, State camp lessee interests, the

outdoor recreation interests of the general public and the

economic interests of rural communities and the outdoor

industry. The organization shall direct and facilitate the

development and maintenance of this habitat enhancement

program on State game lands and in State forests, and the

commission and Department of Conservation and Natural

Resources shall cooperate with the organization in expediting

operations of the organization's habitat enhancement program

under section 328(f)(10).

(11) Collect, classify and preserve such statistics,

data and information as in its judgment will tend to promote

the object of this title and take charge of and keep all

reports, books, papers and documents which shall, in the

discharge of its duties, come into its possession or under

its control.

(12) Take any necessary action to accomplish and assure

the purposes of this title.

(13) Serve the interest of sportsmen by preserving and

promoting our special heritage of recreational hunting and

furtaking by providing ample game and adequate opportunity to

hunt and trap the wildlife resources of this Commonwealth.

(14) Provide the maximum sustained yield of game for

sport hunting and trapping, including whitetail deer, as

prescribed by the carrying capacity of the ecosystem to

support and maintain respective populations of game.

(15) Enhance deer and wildlife habitat by increasing the

carrying capacity of the ecosystem for the maximum sustained

yield of game, including whitetail deer, and for optimizing

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densities of nongame species of birds and mammals.

Section 3. Section 328 of Title 34 is amended by adding a

subsection to read:

§ 328. Accountability.

* * *

(f) Deer management accountability.--

(1) The Forest and Wildlife Advisory Council is

established to provide the General Assembly and the

commission with scientific data and management

recommendations regarding deer, wildlife, forest and habitat

management. Recommendations of the council shall assist the

commission in performing its duties under this title, assure

commission accountability to sportsmen and provide the

General Assembly with the scientific and quality assurance

capabilities that are needed to ensure that the commission is

performing its duties under this title.

(2) The council shall consist of voting members,

composed of and appointed in accordance with the following:

(i) The Governor shall appoint a representative of a

Pennsylvania-based organization whose primary mission is

to serve the grassroots sportsmen of this Commonwealth by

providing regulatory relief and legislative help. The

appointee under this subparagraph shall serve as

chairperson of the council.

(ii) The Speaker of the House of Representatives

shall appoint:

(A) A representative of an organization located

in a county of the second class whose primary mission

is to serve sportsmen.

(B) A representative of a Pennsylvania-based,

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nonpartisan organization whose primary mission is to

provide Pennsylvania gun owners and outdoors

enthusiasts with the information necessary to

understand individual rights under the Second

Amendment of the United States Constitution.

(iii) The President pro tempore of the Senate shall

appoint:

(A) A representative of an organization serving

and dedicated to preserving individual rights of gun

owners under the Second Amendment of the United

States Constitution in counties of the second class

A, third class, fourth class and sixth class.

(B) A representative of a Pennsylvania-based

organization whose primary mission is to protect the

rights of State forest leased campsite owners and

associates in this Commonwealth.

(iv) The chairperson may appoint two additional

members to the council with recognized expertise,

knowledge and experience in a relevant field, who shall

be designated at-large members.

(3) Membership under paragraph (2) will be for a term of

six years and members may be reappointed.

(4) Council membership shall be voluntary and members

shall not receive compensation or reimbursement for expenses

incurred in the discharge of their duties.

(5) (i) Within 60 days of the effective date of this

subsection, the council shall select by a majority vote

of the members a Pennsylvania-based, private, nonprofit,

independent, scientific organization to be designated as

the Forest and Wildlife Advisory Service.

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(ii) The council shall enter into a contract by a

majority vote with the Forest and Wildlife Advisory

Service.

(iii) The council and the Forest and Wildlife

Advisory Service shall negotiate and agree to the terms

of the contract. The purpose of the contract shall be to

annually provide the scientific forest and wildlife

services that are set forth in this subsection. The

council shall determine the criteria to be used for

selecting the Forest and Wildlife Advisory Service.

Notice of the contract shall be given to the advisory

service and the commission.

(iv) The commission shall, under 62 Pa.C.S. Pt. I

(relating to Commonwealth Procurement Code), enter into

the contract, as negotiated under subparagraph (iii),

with the Forest and Wildlife Advisory Service within 60

days of receipt of the council's selection.

(6) To ensure accountability, any contract entered into

under this subsection shall contain specific performance

measures that the council may use to evaluate compliance with

the terms of the contract. If the Forest and Wildlife

Advisory Service fails to meet the performance measures, the

council shall, by a majority vote of the members, terminate

the contract and replace the Forest and Wildlife Advisory

Service.

(7) Provisions for payment shall be as set forth in an

estimate or contract provided to the council by the Forest

and Wildlife Advisory Service and may be amended in writing

or supplemented with subsequent estimates for services to be

rendered by the Forest and Wildlife Advisory Service if

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recommended by the council. The commission shall fund the

contract from any money appropriated or made available to the

commission.

(8) The Forest and Wildlife Advisory Service shall

conduct annual scientific assessments to determine the

condition of the forest and its capacity to sustain optimum

populations of deer and other wildlife toward maintaining a

balanced ecosystem and the maximum sustained yield of deer

for sport hunting, and shall prepare an annual report that

recommends the total number of antlerless deer licenses that

should be allocated for each wildlife management unit and

other management practices that affect the sex and age

structure of the herd. The commission shall implement these

recommendations. The Forest and Wildlife Advisory Service

shall submit the report to the council to assist the

commission in performing its duties under this title.

(9) The council shall provide an annual report to the

Governor, the General Assembly and the Board of Game

Commissioners. The annual report shall include the council's

recommended number of antlerless deer license allocations for

each wildlife management unit. The commission shall post the

recommendation on the commission's publicly accessible

Internet website and in the commission's Pennsylvania Hunting

and Trapping Digest.

(10) To assist the commission in performing its duties

under this title, specifically the duties under section

322(c) (relating to powers and duties of commission), the

Forest and Wildlife Advisory Service shall design a habitat

enhancement program that benefits deer and other forest-

dwelling game and nongame species of wildlife and serves the

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interests of sportsmen for recreational hunting, State camp

lessee interests, the outdoor recreation interests of the

general public and the economic interests of rural

communities and the outdoor industry. The Forest and Wildlife

Advisory Service shall direct and facilitate the development

and maintenance of this habitat enhancement program on State

game lands and State forests and the commission and the

Department of Conservation and Natural Resources shall

cooperate with the Forest and Wildlife Advisory Service in

expediting operations of the habitat enhancement program

under the precepts of the program.

(11) To assist the commission in the disease management

of deer and elk, the Forest and Wildlife Advisory Service

shall oversee these operations and provide an annual report

to the Governor, the General Assembly and the Board of Game

Commissioners.

(12) To assist the General Assembly in its oversight

responsibility to hold the commission accountable for

conservation policy and hunting license-fee changes, the

council shall direct the Forest and Wildlife Advisory Service

to provide related advisory services and recommendations to

the General Assembly and committees of the Senate and House

of Representatives upon request by these chambers. The

commission shall provide related financial compensation to

the service upon request.

(13) In the event the commission or the Department of

Conservation and Natural Resources fails to comply with any

provision of this section, an action to require its

compliance may be brought, pursuant to 42 Pa.C.S. § 761

(relating to original jurisdiction), for declaratory and

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injunctive relief; whereby, the court shall award attorney

fees and costs, inclusive of, but not limited to, expert

fees, to a successful party seeking compliance with this

section, notwithstanding 1 Pa.C.S. § 2310 (relating to

sovereign immunity reaffirmed; specific waiver). Where a

commission or department official acts contrary to this

section, the official shall indemnify the Commonwealth for

any attorney fees and costs assessed against the

Commonwealth, commission or the department. Attorney fees and

costs shall not be awarded by a court if the commission or

department prevails.

Section 4. Title 34 is amended by adding a section to read:

§ 2321.1. Senior hunting license holders.

A person who holds a valid Pennsylvania senior hunting

license may hunt and kill with an authorized weapon one deer

that has two or more points to one antler or that has one antler

three or more inches in length during an antlered deer season.

Section 5. Section 2901 of Title 34 is amended by adding a

subsection to read:

§ 2901. Authority to issue permits.

* * *

(b.1) Deer management.--Publicly owned lands within this

Commonwealth may not be included in any deer management

assistance program area established by the commission.

* * *

Section 6. This act shall take effect in 60 days.

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