PRINTER'S NO. 3222
No. 2482 Session of 1978
INTRODUCED BY ZELLER, GAMBLE, RAVENSTAHL, LOGUE, E. H. SMITH,
NOYE, RENWICK, BITTINGER AND DeMEDIO, MAY 31, 1978
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 31, 1978
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 the establishment of
5 a bear hunting license; authorize the commission to further
6 regulate bear hunting; provide additional penalties and
7 eliminate certain penalties for killing game by mistake.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 501, act of June 3, 1937 (P.L.1225,
11 No.316), known as "The Game Law," is amended by adding a
12 subsection to read:
13 Section 501. Open Seasons.--* * *
14 (g) Bear Hunting Season and Licensing Requirements.--When
15 the commission, by resolution, declares an open season for
16 hunting and taking bear, it shall be unlawful for any person to
17 hunt for, take, kill or wound or attempt to take, kill or wound
18 bear, or to aid or assist any person in any manner to hunt for,
19 take, kill, or wound bear without first having legally obtained
20 a current resident hunter's license as defined in this act and
1 in addition thereto, a current bear hunting license which shall
2 be obtained from the commission at a fee of five dollars ($5).
3 The license shall be in such form as the commission shall
4 determine and shall be displayed while hunting bear by the
5 lawful holder of such license in such manner as the commission
6 shall prescribe. Before the bear license shall be legal for use
7 in hunting, the lawful holder of such license shall sign his
8 first name, middle initial and last name in ink across the face
9 of the license.
10 When the commission declares an open season for hunting and
11 taking bear, in addition to the statutory requirements of this
12 section, the commission, in order to properly manage the
13 resource, shall have authority to adopt any rules and
14 regulations deemed necessary to regulate the hunting and taking
15 of such species. Such rules and regulations may include but not
16 be limited to the establishment of bear management units, limit
17 the number of hunters who may hunt for bear in such management
18 units, limit the number of bear licenses available and prescribe
19 the method and procedure for making application for such license
20 and the issuance thereof.
21 It shall be unlawful for any person to hunt for, take, kill
22 or wound or attempt to take, kill or wound, or to aid or assist
23 any person in any manner to hunt for, take, kill or wound bear
24 during such open season contrary to the provisions of this
25 subsection or rules and regulations adopted by the commission.
26 It shall be unlawful for any person to lend a bear license to
27 another person or for any person to use a bear license issued to
28 another person.
29 Any person who shall violate any of the provisions of this
30 subsection or any rules and regulations adopted by the
19780H2482B3222 - 2 -
1 commission shall, upon conviction, be sentenced to pay the
2 penalties prescribed in section 506.
3 Section 2. Section 506 of the act, amended May 31, 1974
4 (P.L.305, No.97) and October 17, 1974 (P.L.743, No.250), is
5 amended to read:
6 Section 506. Penalties.--Any person violating any of the
7 provisions of this article shall, upon conviction, be sentenced
8 to pay the following fines and costs of prosecution for each
9 offense:
10 For taking, killing, wounding, possessing, or transporting
11 from one locality to another within this State, or for hunting
12 for or attempting to take, kill, or wound[, contrary to this
13 article, or any rules and regulations relative to the taking of]
14 any game, fur-bearing animals, nongame birds, or any other wild
15 birds or wild animals contrary to the provisions of this article
16 or any rules and regulations adopted by the commission under the
17 provisions of this article:
18 (a) Each elk, four hundred dollars ($400), and in the
19 discretion of the court, six months imprisonment;
20 (b) Each deer, two hundred dollars ($200);
21 (c) Each bear, four hundred dollars ($400);
22 (d) Each wild turkey fifty dollars ($50); and each ruffed
23 grouse, ringneck pheasant, quail, partridge, or woodcock, swan,
24 wild goose, brant or wild duck, twenty-five dollars ($25);
25 (e) Each raccoon, twenty-five dollars ($25);
26 (f) Each bobcat or wildcat, fifty dollars ($50);
27 (g) For each other bird or animal, ten dollars ($10).
28 (h) Failure of lawful holder of Muzzleloading Firearms Deer
29 Season license to sign his full name in ink diagonally across
30 its face, two dollars ($2).
19780H2482B3222 - 3 -
1 (i) Failure to carry the required Muzzleloading Firearms
2 Deer Season license on his person while hunting for deer during
3 such season, ten dollars ($10).
4 (j) Hunting for deer during the Muzzleloading Firearms Deer
5 Season, or for aiding or assisting any person in any manner to
6 hunt for deer during such season without first having obtained
7 the required license, or for using a license belonging to
8 another person, twenty dollars ($20).
9 (k) Failure of lawful holder of bear license to sign his
10 first name, middle initial and last name in ink across the face
11 of the license, twenty-five dollars ($25) plus confiscation of
12 the bear license to the Commonwealth.
13 (l) Hunting for bear or for aiding or assisting any person
14 in any manner to hunt for bear during the open bear season
15 without first having lawfully obtained a bear license, or for
16 using a bear license belonging to another person, or for any
17 person to lend a bear license to another person, one hundred
18 dollars ($100) plus confiscation of the bear license to the
19 Commonwealth.
20 For violating any of the provisions of this article not above
21 specifically provided for, or for violating any of the rules and
22 regulations of the commission adopted under the provisions of
23 this article and not above specifically provided for, twenty-
24 five dollars ($25) and costs of prosecution for each offense.
25 Upon failure of any person convicted of a first offense to
26 immediately pay the fine imposed and costs of prosecution, he
27 shall be imprisoned one day for each dollar of fine imposed and
28 costs of prosecution.
29 Any person convicted of a second or subsequent offense shall
30 be liable to the fines above provided and costs of prosecution,
19780H2482B3222 - 4 -
1 and in addition thereto shall, in the discretion of the court,
2 suffer imprisonment one day for each dollar of fine imposed.
3 Section 3. Section 710 of the act amended October 17, 1974
4 (P.L.743, No.250) is amended to read:
5 Section 710. Killing or Attempting to Kill Wild Bird or
6 Animal by Mistake.--Each individual who may, by mistake, kill or
7 attempt to kill, any wild bird or wild animal other than bear or
8 elk, contrary to the provisions of this act, or any rules and
9 regulations of the commission, may, within twenty-four hours
10 following such mistake, pay to any game protector, by field
11 acknowledgment of guilt, a reduced penalty for such mistake
12 killing or attempted killing as hereinafter provided in this
13 section, if such individual shall immediately after such mistake
14 killing, remove the entrails of any animal or bird so killed and
15 deliver the carcass to any game protector or his residence for
16 disposition as hereinafter provided, and shall, within twenty-
17 four hours after such killing, or attempted killing, make and
18 deliver to such officer to whom such penalty was paid a
19 statement in writing, under oath, explaining when and where and
20 how such mistake was made.
21 Penalties for such mistake killing or attempted mistake
22 killing shall be imposed as follows:
23 (1) Each deer, twenty-five dollars ($25);
24 [(2) Each bear, fifty dollars ($50);
25 (3) Each elk, fifty dollars ($50);]
26 (4) Each other wild bird or wild animal other than bear or
27 elk, one-fourth of the penalty otherwise imposed by this act for
28 the illegal killing or attempted killing of such other wild bird
29 or wild animal.
30 Said portion of the penalty and the sworn statement, together
19780H2482B3222 - 5 -
1 with the officer's report, shall be forwarded to the director as
2 quickly as possible for review. If after investigation the
3 director is not satisfied said killing, or attempted killing,
4 was done by mistake, but was caused by negligence or
5 carelessness, he shall order the defendant to be prosecuted in
6 the regular manner, and the amount so deposited shall be applied
7 toward the payment of the full penalty and any costs of
8 prosecution as provided in this act.
9 Section 4. This act shall take effect in 60 days.
E4L29HVY/19780H2482B3222 - 6 -