PRINTER'S NO. 1004
No. 918 Session of 1979
INTRODUCED BY PETRARCA, LETTERMAN, FEE, W. W. FOSTER AND PUNT,
MARCH 28, 1979
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 28, 1979
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," providing for a limited joint
5 license application for antlerless deer licenses.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection (c) of section 501, act of June 3,
9 1937 (P.L.1225, No.316), known as "The Game Law," amended
10 December 10, 1970 (P.L.896, No.282), the first and third
11 paragraphs of subsection (c), amended June 27, 1973 (P.L.83,
12 No.36), is amended to read:
13 Section 501. Open Seasons.--* * *
14 (c) Resident, Nonresident, and Alien Hunters' Licenses and
15 Tag 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
1 year beginning September 1, 1973 and three dollars thirty-five
2 cents for the hunting license years beginning September 1, 1974
3 and thereafter under such rules and regulations governing the
4 issuance of such licenses and tags as it may deem necessary to
5 limit the number of persons who may hunt for such deer in any
6 county of the Commonwealth, provided public notice of such
7 action is given as hereinafter required: And provided, however,
8 That no applications, for antlerless deer licenses received from
9 nonresidents and aliens shall be approved or licenses issued in
10 advance of thirty days prior to the opening date of such
11 antlerless deer season. Such licenses and tags shall be issued
12 without restriction or regard to the county residence of the
13 Pennsylvania applicant may be issued only to holders of
14 resident, nonresident, or alien hunting licenses, and such
15 licenses and tags shall not be transferable from one person to
16 another nor shall they be refunded or reissued to anyone. When
17 the applicant for an antlerless deer license is submitted by a
18 holder of a license which requires such applicant when hunting
19 to be accompanied by an adult parent, an adult person in loco
20 parentis or a legal guardian, such applicant shall be permitted
21 to submit a joint application, which if selected, shall result
22 in the awarding of two antlerless deer licenses, one to the
23 applicant and one to the accompanying adult. All other laws and
24 rules and regulations of the commission shall be applicable.
25 Notwithstanding the provisions of any regulation limiting the
26 number of licenses and tags the commission shall issue resident
27 hunters' licenses and tags for antlerless deer to members of
28 Armed Forces who are residents of Pennsylvania and who are on
29 full time active duty, or to residents who were honorably
30 discharged from the Armed Forces within sixty days of the date
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1 of the application upon substantial proof of their military
2 status.
3 Resident, nonresident, and alien hunters' licenses and tags
4 for antlerless deer shall be issued only by the county
5 treasurers in counties where such deer may be hunted and killed,
6 who, for that purpose, are hereby made agents of the commission.
7 For services rendered in collecting and paying over fees and
8 issuing licenses and tags, by mail or otherwise, such agents may
9 retain the sum of thirty-five cents from the amount paid by each
10 licensee, which amount shall be paid into the county treasury,
11 except that such agents other than the county treasurer may
12 retain therefrom any amounts necessary to reimburse them for any
13 expenses, including compensation of employes, incurred in
14 collecting such fees and issuing such licenses and tags.
15 When such licenses are issued to restrict the number of
16 persons who may hunt antlerless deer in any county of the
17 Commonwealth, any citizen of the United States residing within
18 the Commonwealth who is a bona fide owner or lessee of lands
19 which lie within the county declared open to the hunting of said
20 deer, or any member of the family or household, or regularly
21 hired help of such owner or lessee, if such person is a citizen
22 of the United States, actually residing upon and cultivating
23 such lands, is hereby declared eligible to hunt antlerless deer
24 without a resident hunters' license for antlerless deer upon
25 said property, and, by and with the consent of the owner
26 thereof, upon the lands immediately adjacent and connected with
27 his own lands, other than lands owned by or under the control of
28 the Commonwealth.
29 The terms "antlerless deer" and "deer without visible
30 antlers," as used in this subsection or any other provision of
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1 the Game Law which this act amends, are hereby defined to mean a
2 deer without an antler sometimes called horn, or a deer with
3 antlers both of which are less than three inches long, the term
4 "antler," as herein used or in any other provision of the Game
5 Law which this act amends, meaning the bony growth on the head
6 of a deer regardless of its size or development.
7 When the commission adopts and promulgates such rules and
8 regulations relative to resident and nonresident hunters'
9 licenses and tags for antlerless deer, it is unlawful for any
10 person other than a landowner or lessee of the county or a
11 member of his household, as hereinbefore enumerated, to hunt for
12 antlerless deer without a resident or nonresident hunters'
13 license and tag for antlerless deer, or to take such deer
14 contrary to the rules and regulations adopted by the commission.
15 The tag issued with an antlerless deer license shall be
16 displayed on the outer garment immediately below the regular
17 resident or nonresident hunting license tag. Any person who
18 fails to display the tag herein provided shall, upon conviction,
19 be sentenced to pay a fine of ten dollars ($10) and costs of
20 prosecution, provided it shall be determined the person has
21 purchased a license; otherwise, a penalty of twenty dollars
22 ($20) and costs of prosecution shall be imposed.
23 * * *
24 Section 2. This act shall take effect immediately and shall
25 apply to the license year beginning September 1, 1979 and each
26 year thereafter.
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