PRINTER'S NO. 14
No. 14 Session of 1981
INTRODUCED BY HOLL, JANUARY 8, 1981
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 8, 1981
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 bear hunting
5 license; further regulating bear hunting and adding and
6 changing certain penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 317, act of June 3, 1937 (P.L.1225,
10 No.316), known as "The Game Law," amended June 8, 1961 (P.L.278,
11 No.163), is amended to read:
12 Section 317. Legal Hunting or Trapping by Residents Without
13 License.--(a) Unless the right to procure a license or to hunt
14 or trap anywhere within the Commonwealth has been denied under
15 the provisions of this act, any [citizen of the United States
16 residing within] resident of this Commonwealth who is regularly
17 and continuously engaged in cultivating the soil for general
18 farm crop purposes, commercial truck growing, commercial
19 orchards or commercial nurseries, as either the owner or lessee
1 or tenant of said lands, or as a member of the family or
2 household or regularly hired help of such owner or lessee or
3 tenant, shall be eligible to hunt and trap on said lands,
4 including the woodlands connected therewith and operated as a
5 part thereof, without a resident hunter's license or an archery
6 or bear license, if such owner, lessee, tenant, member of the
7 family or household or hired help resides in a dwelling situated
8 upon the property so being cultivated and shall have
9 continuously resided thereon and assisted in the cultivation of
10 said land for a period of sixty or more days prior to the
11 general open hunting or trapping season.
12 (b) Any of the persons enumerated above who shall be
13 eligible to hunt or trap on certain lands without securing a
14 resident hunter's license or an archery or bear license, also
15 may, by and with the written consent of the owner or lessee
16 thereof, hunt or trap upon any lands other than those publicly-
17 owned which lie immediately adjacent and are connected with the
18 lands upon which such persons may lawfully hunt or trap without
19 securing a license.
20 Section 2. Section 501 of the act is amended by adding a
21 subsection to read:
22 Section 501. Open Seasons.--* * *
23 (g) Bear Hunting Season and Licensing Requirements.--
24 (1) When the commission, by resolution, declares an open
25 season for hunting and taking bear, it shall be unlawful for any
26 person other than persons excepted under section 317, to hunt
27 for, take, kill or wound or attempt to take, kill or wound bear,
28 or to aid or assist any person in any manner to hunt for, take,
29 kill or wound bear without first having legally obtained a
30 current resident or nonresident hunter's license as defined in
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1 this act and in addition thereto, a current bear hunting license
2 which shall be obtained from the commission at a fee of five
3 dollars ($5). The license shall be in such form as the
4 commission shall determine and shall be displayed while hunting
5 bear by the lawful holder of such license in such manner as the
6 commission shall prescribe. Before the bear license shall be
7 legal for use in hunting, the lawful holder of such license
8 shall sign his first name, middle initial and last name in ink
9 across the face of the license.
10 (2) When the commission declares an open season for hunting
11 and taking bear, in addition to the statutory requirements of
12 this 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, taking,
15 killing, possession or transportation of such species. Such
16 rules and regulations may include but not be limited to the
17 establishment of bear management units, limit the number of
18 hunters who may hunt for bear in such management units, regulate
19 the number of bear licenses which may be issued and prescribe
20 the method and procedure for making application for such license
21 and the issuance thereof. The number of bear licenses which
22 shall be made available to nonresidents of the Commonwealth
23 shall not exceed three percent (3%) of the total number of bear
24 licenses to be issued as determined by the commission.
25 (3) Each person killing a bear of any description during any
26 open bear season shall, within twenty-four hours from time of
27 killing, deliver the bear to a bear check station designated by
28 the commission for examination. Each person delivering such bear
29 to a designated bear check station shall furnish to officers of
30 the commission information concerning the killing of such bear.
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1 Following examination of the bear, the officer of the commission
2 shall attach a metal tag supplied by the commission to the head
3 of each legally killed bear. Such metal tag shall remain
4 permanently attached to the head of the bear or until it has
5 been mounted or tanned.
6 (4) It shall be unlawful for any person to hunt for, take,
7 kill, wound, possess, conceal, transport or attempt to take,
8 kill or wound, or to aid or assist any person in any manner to
9 hunt for, take, kill, wound, possess, conceal or transport any
10 bear contrary to the provisions of this subsection or rules and
11 regulations adopted by the commission. It shall be unlawful for
12 any person to lend a bear license to another person or for any
13 person to use a bear license issued to another person, or to
14 alter a bear license in any manner. It shall be unlawful for any
15 person killing a bear of any description to fail to deliver such
16 bear to a designated bear check station as herein required, or
17 for any person to remove the metal tag attached to any bear by
18 an officer of the commission contrary to the provisions of this
19 article.
20 (5) Any person who shall violate any of the provisions of
21 this subsection or any rules and regulations adopted by the
22 commission shall, upon conviction, be sentenced to pay the
23 penalties prescribed in section 506.
24 Section 3. Section 506 of the act, amended May 31, 1974
25 (P.L.305, No.97) and October 17, 1974 (P.L.743, No.250), is
26 amended to read:
27 Section 506. Penalties.--Any person violating any of the
28 provisions of this article shall, upon conviction, be sentenced
29 to pay the following fines and costs of prosecution for each
30 offense:
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1 For taking, killing, wounding, possessing, [or] concealing,
2 transporting [from one locality to another within this State,]
3 or for hunting for or attempting to take, kill, or wound[,
4 contrary to this article, or any rules and regulations relative
5 to the taking of] any game, fur-bearing animals, nongame birds,
6 or any other wild birds or wild animals [adopted] contrary to
7 this article or any rule or regulation adopted hereunder by the
8 commission:
9 (a) Each elk, four hundred dollars ($400), and in the
10 discretion of the court, six months imprisonment;
11 (b) Each deer, two hundred dollars ($200);
12 (c) Each bear, which shall include failure to deliver any
13 bear to a designated bear check station within twenty-four hours
14 from time of killing for examination, four hundred dollars
15 ($400);
16 (d) Each wild turkey fifty dollars ($50); and each ruffed
17 grouse, ringneck pheasant, quail, partridge, or woodcock, swan,
18 wild goose, brant or wild duck, twenty-five dollars ($25);
19 (e) Each raccoon, twenty-five dollars ($25);
20 (f) Each bobcat or wildcat, fifty dollars ($50);
21 (g) For each other bird or animal, ten dollars ($10);
22 (h) Failure of lawful holder of Muzzleloading Firearms Deer
23 Season license to sign his full name in ink diagonally across
24 its face, two dollars ($2).
25 (i) Failure to carry the required Muzzleloading Firearms
26 Deer Season license on his person while hunting for deer during
27 such season, ten dollars ($10);
28 (j) Hunting for deer during the Muzzleloading Firearms Deer
29 Season, or for aiding or assisting any person in any manner to
30 hunt for deer during such season without first having obtained
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1 the required license, or for using a license belonging to
2 another person, twenty dollars ($20);
3 (k) Failure of lawful holder of bear license to sign his
4 first name, middle initial and last name in ink across the face
5 of the license, twenty-five dollars ($25) plus forfeiture of the
6 bear license to the Commonwealth;
7 (l) Hunting for bear or for aiding or assisting any person
8 in any manner to hunt for bear during the open bear season
9 without first having lawfully obtained a bear license, or for
10 using a bear license belonging to another person, or for any
11 person to lend a bear license to another person, or to alter a
12 bear license in any manner, one hundred dollars ($100) plus
13 forfeiture of the bear license to the Commonwealth;
14 (m) Removing the metal tag attached to the head of a bear by
15 an officer of the commission contrary to the provisions of this
16 article, one hundred dollars ($100) plus forfeiture of the bear
17 or any part thereof to the Commonwealth.
18 For violating any of the provisions of this article not above
19 [specifically] provided for, or for violating any of the rules
20 and regulations of the commission adopted under the provisions
21 of this article, and not above provided for, twenty-five dollars
22 ($25) and costs of prosecution for each offense.
23 Upon failure of any person convicted of a first offense to
24 immediately pay the fine imposed and costs of prosecution, he
25 shall be imprisoned one day for each dollar of fine imposed and
26 costs of prosecution.
27 Any person convicted of a second or subsequent offense shall
28 be liable to the fines above provided and costs of prosecution,
29 and in addition thereto shall, in the discretion of the court,
30 suffer imprisonment one day for each dollar of fine imposed.
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1 Section 4. Section 708 of the act, amended October 18, 1972
2 (P.L.982, No.243), is amended to read:
3 Section 708. Tagging, Removing, Transporting, and Reporting
4 Big Game and Wild Turkeys.--(a) Each person killing a deer or a
5 wild turkey found in a wild state shall immediately after
6 removing the entrails, but in any event, within one hour, and
7 before transporting or removing the carcass in any manner from
8 where it was killed, complete and detach the deer tag or wild
9 turkey tag from the license and attach it to the deer or wild
10 turkey as the case may require. The portion supplied with his
11 hunting license for reporting such deer or turkey killed shall
12 be mailed to the commission at Harrisburg within five days
13 following the killing of such deer or turkey. The deer tag shall
14 remain attached to the head of the deer. The turkey tag shall
15 remain attached to a leg of the turkey.
16 [Each person killing a bear in a wild state shall immediately
17 after removing the entrails, but in any event, within one hour,
18 and before transporting or moving the carcass in any manner from
19 where it was killed, prepare and attach a home-made tag giving
20 the person's name, address, license number, and time, date, and
21 county where killed. Before any bear lawfully killed may be
22 possessed beyond twenty-four hours it shall be presented to an
23 officer of the Game Commission for examination. Each person
24 presenting a lawfully killed bear for examination shall report
25 such information concerning the killing as may be required by
26 resolution of the commission, after which a metal tag, supplied
27 by the commission, shall be attached to the head, which tag
28 shall remain permanently attached, or until it has been tanned
29 or mounted.]
30 (b) If a deer or wild turkey has been lawfully killed by a
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1 person not required to secure a license, such person shall make
2 and attach a tag within the time specified after such killing,
3 bearing in plain English, his name, address, date, time and
4 county where such game was killed. On a similar tag or on a post
5 card, such person, or person who has previously killed a deer or
6 turkey, shall within five days following the killing of such
7 deer or turkey, mail to the commission at Harrisburg, a
8 statement setting forth the information above, including the
9 kind of game, whether male or female, the dressed weight, actual
10 or estimated, and if a male deer, the total number of points on
11 both antlers.
12 (c) It shall be unlawful for any person to remove the tag
13 attached to a deer[,] or turkey[, or the metal tag attached to a
14 bear,] contrary to the provisions of this section, or while in
15 the field or forest after having killed the legal limit of deer
16 or turkey to be in possession of a tag for the species of game
17 killed.
18 (d) Every failure to have said tag attached, or removing or
19 transporting such animal or wild turkey in any manner, or
20 failure to mail the deer or turkey kill report[, or failure to
21 present a lawfully killed bear for examination,] as herein
22 provided, shall subject the person so neglecting to the
23 penalties provided in this article; and if the person
24 responsible for such neglect to tag any such game cannot be
25 located, each member of the camp or party shall be individually
26 liable to such penalty.
27 (e) Any game found in the possession of any person and not
28 tagged as herein provided may be confiscated by the Commonwealth
29 to be disposed of as hereinafter provided and may be seized by
30 any officer whose duty it is to enforce the game laws.
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1 Section 5. Section 710 of the act, amended October 17, 1974
2 (P.L.743, No.250), is amended to read:
3 Section 710. Killing or Attempting to Kill Wild Bird or
4 Animal by Mistake.--(a) Each individual who may, by mistake,
5 kill or attempt to kill, any wild bird or wild animal other than
6 bear or elk, contrary to the provisions of this act, or any
7 rules and regulations of the commission, may, within twenty-four
8 hours following such mistake, pay to any game protector, by
9 field acknowledgment of guilt, a reduced penalty for such
10 mistake killing or attempted killing as hereinafter provided in
11 this section, if such individual shall immediately after such
12 mistake killing, remove the entrails of any animal or bird so
13 killed and deliver the carcass to any game protector or his
14 residence for disposition as hereinafter provided, and shall,
15 within twenty-four hours after such killing, or attempted
16 killing, make and deliver to such officer to whom such penalty
17 was paid a statement in writing, under oath, explaining when and
18 where and how such mistake was made.
19 (b) Penalties for such mistake killing or attempted mistake
20 killing shall be imposed as follows:
21 (1) Each deer, twenty-five dollars ($25);
22 [(2) Each bear, fifty dollars ($50);
23 (3) Each elk, fifty dollars ($50);]
24 (4) Each other wild bird or wild animal other than bear or
25 elk, one-fourth of the penalty otherwise imposed by this act for
26 the illegal killing or attempted killing of such other wild bird
27 or wild animal.
28 (c) Said portion of the penalty and the sworn statement,
29 together with the officer's report, shall be forwarded to the
30 director as quickly as possible for review. If after
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1 investigation the director is not satisfied said killing, or
2 attempted killing, was done by mistake, but was caused by
3 negligence or carelessness, he shall order the defendant to be
4 prosecuted in the regular manner, and the amount so deposited
5 shall be applied toward the payment of the full penalty and any
6 costs of prosecution as provided in this act.
7 Section 6. Subsection (f) of section 731 of the act, amended
8 October 18, 1972 (P.L.982, No.243), is amended to read:
9 Section 731. Penalties.--Any person violating any of the
10 provisions of the sections of this article shall, upon
11 conviction, be sentenced to pay the following fines and costs of
12 prosecution for each offense:
13 * * *
14 (f) For failure to tag or mark a deer[, bear,] or wild
15 turkey as required by the provisions of this article, ten
16 dollars ($10); for removing or transporting in any manner a
17 deer[, or bear,] or wild turkey which has not been tagged, as
18 required by the provisions of this article, twenty-five dollars
19 ($25) for each deer [or bear] and fifteen dollars ($15) for each
20 wild turkey; [for failure to present a lawfully killed bear for
21 examination within twenty-four hours after killing, twenty-five
22 dollars ($25);] for removing the tag from a deer or turkey, or
23 possessing a deer or turkey tag contrary to the provisions of
24 this article, twenty-five dollars ($25) for each deer tag and
25 fifteen dollars ($15) for each turkey tag; [for removing the
26 metal tag from a bear contrary to this article, twenty-five
27 dollars ($25);] for failure to report the killing of a deer or
28 turkey taken during the open season as required by the
29 provisions of this article, five dollars ($5);
30 * * *
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1 Section 7. This act shall take effect on September 1 next
2 following the date of final enactment if said date is prior to
3 June 1. If the date of final enactment is on or after June 1
4 this act shall take effect on September 1 of the year next
5 following the year of final enactment.
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