CORRECTIVE REPRINT SENATE AMENDED PRIOR PRINTER'S NOS. 663, 1335, 1442, PRINTER'S NO. 1740 1709
No. 585 Session of 1985
INTRODUCED BY LETTERMAN, DIETZ, GODSHALL, BOWLEY, STABACK, PHILLIPS, GRUPPO, CARLSON AND FOX, MARCH 18, 1985
SENATOR RHOADES, GAME AND FISHERIES, IN SENATE, AS AMENDED, JUNE 11, 1985
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," reclassifying the raccoon as a
5 fur-bearing animal; increasing certain license fees; AND <--
6 establishing additional licenses for certain hunting and
7 trapping activities; and requiring annual appropriations. <--
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definitions of "game animals" and "fur-
11 bearing animals" in section 101 of the act of June 3, 1937
12 (P.L.1225, No.316), known as The Game Law, amended March 22,
13 1974 (P.L.201, No.41), are amended to read:
14 Section 101. Definitions.--* * *
15 The term "game animals" shall include: (a) the wapiti or elk,
16 (b) the deer, (c) the bear, (d) the wild rabbit and hare, (e)
17 the red, gray, black and fox squirrel, [(f) the raccoon,] (g)
18 the woodchuck, commonly known as groundhog, and (h) the bobcat
1 or wildcat. 2 * * * 3 Except as modified by the [resolutions] regulations of the 4 commission, the term "fur-bearing animals" shall include: (a) 5 the mink, (b) the muskrat, (c) the opossum, (d) the otter, (e) 6 the skunk, commonly called polecat, [and] (f) the beaver, and 7 (g) the raccoon. 8 * * * 9 Section 2. The act is amended by adding sections to read: 10 Section 301.2. Furtaker's Certificate of Training.--(a) No 11 resident or nonresident furtaker's license shall be issued to 12 any applicant unless the applicant presents to the agent 13 authorized to issue such license either (i) evidence that the 14 applicant has held a trapping or furtaker's license issued by 15 another state or nation, or (ii) a certificate of training 16 issued under this section, or (iii) a certification signed by 17 the applicant on the furtaker's license application that the 18 applicant completed a voluntary trapping course sponsored by the 19 commission or that the applicant has previously trapped within 20 the last five years. 21 (b) The commission shall provide for a course of 22 instruction, approved by the director, in the safe utilization 23 of firearms and traps or other devices used for taking 24 furbearers. The commission may cooperate with any reputable 25 association or organization in presentation of this course. 26 (c) The commission may designate any person found by it to 27 be competent to give instruction in the handling of firearms, 28 traps or other devices to act as an instructor. A person so 29 appointed shall give such course of instruction, and upon the 30 successful completion thereof shall issue to the person 19850H0585B1740 - 2 -
1 instructed a certificate of training in the handling of 2 firearms, traps or other devices. No charge shall be made for 3 such course of instruction, except for materials or ammunition 4 consumed. 5 (d) The commission shall furnish information on the 6 requirements of the furtaker's education program as provided 7 herein, said information to be distributed free of charge to 8 applicants for furtaker licenses by the persons appointed and 9 authorized to issue such licenses. 10 (e) The provisions of this section shall also apply to any 11 person under twelve years of age who takes furbearers. 12 Section 301.3. License Requirements and Validity.--(a) 13 Except in defense of person or property or pursuant to 14 exemptions authorized in this act, every person, prior to 15 engaging in any of the privileges granted by this act and the 16 regulations adopted thereunder, shall first obtain the 17 applicable license subject to any conditions or other 18 requirements imposed by this act or regulation adopted 19 thereunder. 20 (b) Only one full term or distinct hunting or furtaking 21 license shall be valid during any full term license year. The 22 issuance of any replacement license or the purchase of a second 23 or subsequent license of any class shall immediately and 24 automatically invalidate any such class of license or special 25 license connected therewith which had been previously issued. 26 Section 3. Section 302 of the act, amended July 20, 1983 27 (P.L.55, No.28), is amended to read: 28 Section 302. Resident Hunting License Fees.--(a) Each such 29 resident as defined in sections 101 and 301, upon application 30 made, in writing, to an agent authorized to issue such licenses 19850H0585B1740 - 3 -
1 within the Commonwealth, and upon presentation of proof by the 2 applicant that he or she is a resident of this Commonwealth as 3 previously defined in this act by producing a current 4 Pennsylvania motor vehicle registration card, or tax receipts 5 evidencing payment of State income tax, earned income tax or 6 other local taxes pursuant to the act of December 31, 1965 7 (P.L.1257, No.511), known as "The Local Tax Enabling Act," or 8 some other positive means of verifying residency, and the 9 establishment of his or her identity to the satisfaction of the 10 authority issuing the license, unless any such person has been 11 disqualified for a license under this act in the manner 12 hereinafter specified, and the payment to said agent or the 13 commission of [eight dollars and fifty cents ($8.50)] twelve 14 dollars and fifty cents ($12.50), except as hereinafter provided 15 for certain minors and older persons, shall be entitled to a 16 resident hunter's license [and a tag with the number of the 17 license thereon,] which shall entitle the holder to hunt [or 18 trap for] all wild birds and wild animals, other than fur- 19 bearing animals, which may legally be hunted [or trapped] in 20 this Commonwealth. 21 (b) Residents with the above qualifications, who are between 22 the ages of twelve and sixteen inclusive [or who are sixty-five 23 years of age or more] at the time of application, shall be 24 entitled to a resident hunter's license [and tag] upon payment 25 to said agent or the commission of[, in the case of persons 26 sixty-five years of age or more,] five dollars and fifty cents 27 ($5.50) [and, in the case of persons between the ages of twelve 28 and sixteen, five dollars and fifty cents ($5.50)]. The 29 application for the issuance of a license in such cases shall, 30 in addition to the other information required, give the date of 19850H0585B1740 - 4 -
1 birth of the applicant. 2 (c) (1) Residents with the qualifications set forth in 3 subsection (a) who are sixty-five years of age or more at the 4 time of application shall be entitled to, at the option of the 5 applicant, either (i) an annual resident hunter's license and 6 tag upon payment to said agent or the commission of ten dollars 7 and fifty cents ($10.50) or (ii) a lifetime resident hunter's 8 license and appropriate tags upon the payment to said agent or 9 the commission of fifty dollars and fifty cents ($50.50). The 10 application for the issuance of either license shall, in 11 addition to the other information required, give the date of 12 birth of the applicant. 13 (2) The commission shall develop, implement and administer a 14 program to provide tags, report cards and applications to those 15 residents who hold a lifetime license issued pursuant to 16 (1)(ii). The program shall require the applicant or license 17 holder to pay any approved fee assessed by the issuing agent. 18 (d) Any resident disabled veteran of any war whose 19 disability consists of the loss of one or more limbs or the loss 20 of the use of one or more limbs, or who presents a physician's 21 certificate of total or one hundred per cent disability, and who 22 meets the above qualifications shall be issued such license upon 23 application to any county treasurer without the payment of the 24 above license fee provided for the use of the Commonwealth. The 25 application for the issuance of a license in such case shall in 26 addition to the other information required, contain a statement 27 that the applicant is a war veteran and that his disability was 28 service incurred. The county treasurer may likewise require of 29 such applicant the production of such applicant's discharge 30 papers. 19850H0585B1740 - 5 -
1 (e) It shall be unlawful for any person to sell or attempt 2 to sell any resident hunting license for a monetary fee in 3 excess of the fees fixed pursuant to the provisions of this 4 section. The sale or attempted sale of each license shall 5 constitute a separate offense. 6 Section 4. The act is amended by adding a section to read: 7 Section 302.1. Resident Furtaker License Fee.--(a) Each 8 such resident as defined in sections 101 and 301, upon 9 application made, in writing, to an agent authorized to issue 10 such licenses within this Commonwealth, and upon presentation of 11 proof by the applicant that the applicant is a resident of this 12 Commonwealth as previously defined in this act by producing a 13 current Pennsylvania motor vehicle registration card, or tax 14 receipts evidencing payment of State income tax, earned income 15 tax or other local taxes pursuant to the act of December 31, 16 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," 17 or some other positive means of verifying residency, and the 18 establishment of the identity of the applicant to the 19 satisfaction of the authority issuing the license, unless any 20 such person has been disqualified for a license under this act 21 in the manner hereinafter specified, and the payment to said 22 agent or the commission of twelve dollars and fifty cents 23 ($12.50), except as hereinafter provided for certain minors and 24 older persons, shall be entitled to a resident furtaker's 25 license which shall entitle the holder to hunt or trap for all 26 fur-bearing animals which may legally be hunted or trapped in 27 this Commonwealth. 28 (b) Residents with the above qualifications, who are between 29 the ages of twelve and sixteen inclusive at the time of 30 application, shall be entitled to a resident furtaker's license 19850H0585B1740 - 6 -
1 upon payment to said agent or the commission of five dollars and 2 fifty cents ($5.50). The application for the issuance of a 3 license in such cases shall, in addition to the other 4 information required, give the date of birth of the applicant. 5 (c) Residents with the qualifications set forth in 6 subsection (a) who are sixty-five years of age or more at the 7 time of application shall be entitled to an annual resident 8 furtaker's license upon payment to said agent or the commission 9 of ten dollars and fifty cents ($10.50). The application for the 10 issuance of either license shall, in addition to the other 11 information required, give the date of birth of the applicant. 12 (d) Any resident disabled veteran of any war whose 13 disability consists of the loss of one or more limbs or the loss 14 of the use of one or more limbs, or who presents a physician's 15 certificate of total or one hundred per cent disability, and who 16 meets the above qualifications, shall be issued such license 17 upon application to any county treasurer without the payment of 18 the above license fee provided for the use of the Commonwealth. 19 The application for the issuance of a license in such case 20 shall, in addition to the other information required, contain a 21 statement that the applicant is a war veteran and that his 22 disability was service incurred. The county treasurer may 23 likewise require of such applicant the production of such 24 applicant's discharge papers. 25 (e) Nothing in this section shall prohibit the holder of a 26 resident furtaker's license from using a sidearm or a rifle not 27 larger than a .22 rimfire caliber to kill legally trapped wild 28 animals. 29 (f) It shall be unlawful for any person to sell or attempt 30 to sell any resident furtaker's license for a monetary fee in 19850H0585B1740 - 7 -
1 excess of the fees fixed pursuant to the provisions of this 2 section. The sale or attempted sale of each license shall 3 constitute a separate offense. 4 Section 5. Section 303 of the act, amended July 20, 1983 5 (P.L.55, No.28), is amended to read: 6 Section 303. Nonresident Hunting License Fees.--(a) Every 7 adult nonresident of this Commonwealth, upon application made, 8 in writing, to any agent authorized to issue such licenses, or 9 to the commission, unless any such person has been disqualified 10 for a license under this act in the manner hereinafter 11 specified, or is a resident of a state which does not issue like 12 licenses to residents of this Commonwealth, and upon payment to 13 said agent or commission of [sixty dollars and fifty cents 14 ($60.50)] eighty dollars and fifty cents ($80.50) shall be 15 entitled to the license herein designated as a Nonresident 16 Hunter's License [and a tag with the number of the license 17 thereon,] which shall entitle the holder to hunt for all wild 18 birds and wild animals, other than fur-bearing animals, which 19 may legally be hunted in this Commonwealth, until the close of 20 the license year. [Other licenses valid for use by nonresidents 21 shall be as follows: 22 Nonresident trapper's license which shall be issued only upon 23 application to the Commission in Harrisburg and which shall be 24 effective for the same period as hunters' licenses shall entitle 25 the holder to take through the use of traps or deadfalls only 26 wild birds and wild animals which may legally be trapped in this 27 Commonwealth, except beavers, three hundred fifty dollars 28 ($350). Nothing in this clause shall be construed to prohibit 29 the holder of a nonresident trapper's license from using a 30 sidearm or a rifle not larger than a .22 rimfire caliber to kill 19850H0585B1740 - 8 -
1 legally caught birds and animals.] 2 (b) Nonresidents with the qualifications in subsection (a), 3 who are between the ages of twelve and sixteen inclusive, shall 4 be entitled to a Nonresident Hunting License upon payment to 5 said agent or the commission of forty dollars and fifty cents 6 ($40.50). The application shall, in addition to other 7 information, give the date of birth of the applicant. 8 (c) It shall be unlawful for any person to sell or attempt 9 to sell any nonresident hunting license for a monetary fee in 10 excess of the fees fixed pursuant to the provisions of this 11 section. The sale or attempted sale of each license shall 12 constitute a separate offense. 13 Section 6. The act is amended by adding sections to read: 14 Section 303.2. Nonresident Small Game License.--Nonresidents 15 of this Commonwealth twelve years of age or older, upon 16 application in writing to an authorized agent, in such form as 17 the commission may prescribe, and upon payment to the issuing 18 agent of fifteen dollars and fifty cents ($15.50) for the use of 19 the issuing agent, shall be entitled to a license known as a 20 "Five-Day Nonresident Small Game Hunting License," which shall 21 be valid for a period of five (5) consecutive days. The holder 22 of the license shall be entitled to hunt for, take or kill any 23 crows or small game except wild turkeys. The license issued 24 under this section shall not be valid on any special controlled 25 waterfowl management area. 26 Section 303.3. Nonresident Furtaker License Fee.--(a) Every 27 nonresident of this Commonwealth, upon application made, in 28 writing, to any agent authorized to issue such licenses, or to 29 the commission, unless any such person has been disqualified for 30 a license under this act in the manner hereinafter specified, or 19850H0585B1740 - 9 -
1 is a resident of a state which does not issue like licenses to 2 residents of this Commonwealth, and upon payment to said agent 3 or commission of eighty dollars and fifty cents ($80.50) shall 4 be entitled to the license herein designated as a Nonresident 5 Furtaker's License which shall entitle the holder to hunt for or 6 trap any fur-bearing animals which may legally be taken in this 7 Commonwealth, until the close of the license year. 8 (b) Nonresidents with the qualifications in subsection (a), 9 who are between the ages of twelve and sixteen inclusive, shall 10 be entitled to a Nonresident Furtaker's License upon payment to 11 such agent or the commission of forty dollars and fifty cents 12 ($40.50). The application, in addition to other information, 13 shall give the date of birth of the applicant. 14 (c) Nothing in this section shall prohibit the holder of a 15 nonresident furtaker's license from using a sidearm or a rifle 16 not larger than a .22 rimfire caliber to kill legally trapped 17 wild animals. 18 (d) It shall be unlawful for any person to sell or attempt 19 to sell any nonresident furtaker's license for a monetary fee in 20 excess of the fees fixed pursuant to the provisions of this 21 section. The sale or attempted sale of each license shall 22 constitute a separate offense. 23 Section 7. Section 311 of the act, amended December 10, 1970 24 (P.L.896, No.282) and July 20, 1983 (P.L.55, No.28), is amended 25 to read: 26 Section 311. Agents to Collect and Remit License Fees; 27 Reports; Compensation.--(a) The agents designated by the 28 commission for the collection of said license fees, for their 29 services rendered in collecting and paying over the same, shall, 30 as long as they continue to be agents of the commission, be 19850H0585B1740 - 10 -
1 allowed to retain not to exceed the sum of fifty cents from the 2 amount paid for each resident [hunter's] license, and not to 3 exceed fifty cents from the amount paid for each nonresident 4 [hunter's] license, which amount shall be for the use of the 5 county if the issuing agent is the county treasurer, or for 6 other issuing agents shall be full compensation for services 7 rendered by them under the provisions of this act, such 8 compensation to be disposed of by the respective issuing agents 9 as may now or hereafter be provided by law. Each issuing agent 10 other than a county treasurer shall remit all balances arising 11 from this source within five days after the end of each month to 12 the State Treasurer, through the commission upon a form to be 13 supplied by the commission. All such moneys shall be placed in 14 the Game Fund by the State Treasurer. 15 (b) Every agent designated to issue [hunters'] licenses, 16 unless already under bond to cover the handling of public funds, 17 shall give bond to the Commonwealth in such sum as shall be 18 fixed by the commission, but not less than three thousand 19 dollars ($3,000.00) for each place where licenses are issued 20 before the annual supply of licenses is delivered to him. If an 21 agent has more than one place where licenses are issued he may 22 supply a blanket bond covering all places. 23 (c) Any issuing agent who shall fail to comply with any of 24 the provisions of this act relating to [hunters'] licenses shall 25 not be entitled to retain the sum hereinbefore fixed for his 26 services, but such sums shall be paid to the State Treasurer, 27 and if not so paid, may be recovered by the Commonwealth by suit 28 in the same manner as like amounts are now by law recoverable. 29 Section 8. Section 312 of the act, amended July 20, 1983 30 (P.L.55, No.28), is amended to read: 19850H0585B1740 - 11 -
1 Section 312. Replacement of Lost [Hunting] Licenses.--(a) 2 Any holder of a [regular resident, nonresident or antlerless 3 deer hunter's] license who shall accidentally lose the same, 4 upon application to the commission or to [any] an issuing agent, 5 [who after contacting the agent who issued the lost license or 6 who, being otherwise satisfied of the validity of the claim for 7 replacement, accompanied by a sworn statement setting forth the 8 pertinent facts relative thereto and surrender the remaining 9 portion, if any, of the original license, and upon payment of 10 the fees set forth herein,] shall be entitled to a replacement 11 license of the same kind [and value] as the original [when 12 lost]. 13 [Fees for replacement of regular resident, nonresident or 14 antlerless deer licenses of any description shall be as follows: 15 (1) Except in the case of a regular nonresident hunter's 16 license, the replacement fee for a regular resident hunting 17 license shall be one-half of the fee charged for the original 18 license. 19 (2) In the case of a regular nonresident hunting license, 20 the replacement fee shall be one-half of the fee charged for a 21 regular resident hunting license as set forth in the act for 22 persons seventeen years of age or older, but less than sixty- 23 five years of age. 24 (3) In the case of an antlerless deer license, the 25 replacement fee shall be the same cost as the original license. 26 The replacement of an antlerless deer license shall be made only 27 by the issuing agent who issued the original license.] 28 (b) (1) Except as otherwise provided in this subsection, 29 the fee for the replacement of any lost license which was issued 30 pursuant to sections 302, 302.1, 303 and 303.3 and 501(g) shall 19850H0585B1740 - 12 -
1 be five dollars and fifty cents ($5.50). 2 (2) The fee for the replacement of a lost resident 3 furtaker's license issued to a resident between the ages of 4 twelve and sixteen inclusive and for all other lost licenses not 5 specified in subclause (1) shall be the original fee for the 6 issuance of such license. 7 (c) The issuing agent shall indicate on the face of the 8 replacement license [and tag] so issued, also on the stub or 9 carbon copy thereof, that it is a replacement with the number of 10 the original license. The affidavit so filed and any remaining 11 portion of the original license also shall be fastened to the 12 stub or carbon copy of the replacement license for the 13 information of the auditors. 14 (d) For such services the commission may authorize any 15 issuing agent to retain not to exceed the sum of fifty cents and 16 remit the balance of the replacement license fee as hereinbefore 17 provided. Issuing agents who are county treasurers shall remit 18 the fee for services to the county for the use of the county. 19 (e) It shall be unlawful for any person to give false 20 information on the sworn statement for a replacement hunting 21 license or to obtain or attempt to obtain a replacement hunting 22 license contrary to the provisions of this section. Any person 23 who shall give false information on the sworn statement for a 24 replacement hunting license or who obtains or attempts to obtain 25 a replacement hunting license as herein defined contrary to the 26 provisions of this section shall, upon conviction, be sentenced 27 to pay a penalty of one hundred dollars ($100) plus costs of 28 prosecution. 29 Section 9. Section 313 of the act, amended December 10, 1970 30 (P.L.896, No.282), is amended to read: 19850H0585B1740 - 13 -
1 Section 313. Power to Administer Oaths.--Each agent who may 2 be authorized or designated by the commission to issue [hunting] 3 licenses, and each agent who may be authorized or designated by 4 the commission to receive applications for such licenses, in 5 accordance with the provisions of this act, is hereby empowered 6 to administer any oath that may be required in connection with 7 the issuance of such licenses or receiving applications 8 therefor. 9 Section 10. Sections 314 and 315(1) of the act are amended 10 to read: 11 Section 314. Seizure of Licenses and Tags.--(a) Any regular 12 salaried officer of the commission is hereby empowered, except 13 where birds or animals are killed by mistake and reported as 14 hereinafter required, to seize the [hunting] license, and the 15 tag issued therewith, of any person apprehended in the act of 16 violating any game law, or any rules or regulations of the 17 commission, and who has either been convicted or signed an 18 acknowledgment of violating any game law, or rules or 19 regulations of the commission, or if such licensee is found 20 using firearms to hunt while under the influence of intoxicating 21 liquor or narcotics. 22 (b) All licenses so seized shall, within twenty-four hours, 23 be forwarded to the [division game supervisor] regional director 24 for transmittal to the office of the commission, with a report 25 relative thereto. The director may, upon application of the 26 owner, return the license [and tag] to the owner if he is 27 satisfied that the license should not be recommended to the 28 commission for revocation in the manner hereinafter stipulated. 29 Section 315. Revocation of Licenses; Right to Hunt or Trap 30 Denied.--(1) The commission may revoke any [hunter's] license 19850H0585B1740 - 14 -
1 issued under this act and deny any person the right to secure a 2 license or to hunt or trap anywhere in this Commonwealth, with 3 or without a license, if said licensee or person has either been 4 convicted or signed an acknowledgment of violating any provision 5 of this act, or if such person has been adjudged guilty, in the 6 manner hereinafter provided, of any of the acts enumerated 7 below, for such periods as hereinafter specified. 8 * * * 9 Section 11. Section 315.1 of the act, added October 17, 1980 10 (P.L.1076, No.178), is amended to read: 11 Section 315.1. Suspension.--The commission in the manner 12 provided in section 315 for revocation of licenses may suspend 13 [the hunter's] a valid license or deny a license (i) for failure 14 to pay a fine for a violation of this act or until such a fine 15 is imposed and fully paid, and (ii) during the time a citation 16 is given and the recipient of the citation responds to it. 17 Section 12. Section 316(a), (b) and (c) of the act, amended 18 June 24, 1939 (P.L.810, No.361), are amended to read: 19 Section 316. Certain Acts Declared Unlawful.--It is unlawful 20 for any person: 21 (a) Except in the defense of person or property, to hunt, 22 chase, shoot at, take, or kill, or pursue with intent to take, 23 kill, or wound, any wild birds or wild animals by any method, 24 including the use of dogs, without first securing a license and 25 license tag as hereinbefore required, and wearing such tag and 26 showing or displaying such license as required by the provisions 27 of this article, but nothing in this clause shall be construed 28 to prevent any person under the age of [eighteen] twelve years 29 to trap for fur-bearing animals or predators without securing a 30 license; 19850H0585B1740 - 15 -
1 (b) Under the age of twelve years to receive a hunting or 2 furtaker's license under any circumstances whatsoever; 3 (c) Under the age of sixteen years to receive a hunting or 4 furtaker's license without presenting a written request 5 therefor, bearing the signature of his father or mother or 6 legally constituted guardian; 7 * * * 8 Section 13. Section 319 of the act is repealed: 9 Section 14. Section 501 of the act, amended July 23, 1965 10 (P.L.240, No.136), June 21, 1967 (P.L.120, No.30), March 22, 11 1974 (P.L.201, No.41), December 10, 1974 (P.L.811, No.269), June 12 24, 1981 (P.L.111, No.37), March 7, 1982 (P.L.164, No.51) and 13 July 20, 1983 (P.L.55, No.28), is amended to read: 14 Section 501. Open Seasons.--After investigation, or 15 information otherwise obtained by the commission, as to the 16 annual game supply and other wild birds and wild animals, the 17 commission may, by appropriate rules and regulations, [a summary 18 of which shall be published as hereinafter specified,] fix 19 seasons, [shooting hours] methods and times for taking wildlife, 20 and daily, season and possession limits, or remove protection 21 and declare an open season, or increase, reduce or close 22 seasons, or increase or reduce bag limits, for all species of 23 game birds and game animals and all other wild birds and wild 24 animals as defined under section 101 of this act, protected 25 birds excepted, throughout the Commonwealth, or in any part 26 thereof, or limit the number of hunters in any designated area 27 and prescribe the methods of hunting therein, when in its 28 opinion, such action is necessary to assure the maintenance of 29 an adequate supply of such species, or when an unbalanced sex 30 ratio exists which in its opinion should be corrected, or when, 19850H0585B1740 - 16 -
1 in the opinion of the commission, such additional open season 2 will not jeopardize the future supply of game or other wild 3 birds or wild animals. 4 If in any year the commission fails to establish such seasons 5 or bag limits or fails to establish other hunting or trapping 6 regulations under authority of this act, the open seasons and 7 bag limits for game, Sundays excepted, unless otherwise provided 8 by this act, and all other [hunting] regulations adopted under 9 authority of this act, shall be the same as set by [resolution] 10 regulation of the commission for the previous [hunting] license 11 year, and all seasons shall open and close one calendar day 12 earlier than the previous [hunting] license year. In the event 13 the commission fails to establish seasons and bag limits for a 14 [hunting] license year beginning in a leap year, the seasons 15 shall open and close two calendar days earlier than the previous 16 [hunting] license year. 17 It is unlawful for any person to kill or attempt to kill, or 18 to hunt for, or take, or have in possession any game bird or 19 game animal at any time of the year other than the open season, 20 fixed by [resolution] regulation of the commission in the manner 21 above provided, or as set forth in this section, except as 22 elsewhere provided in this act. 23 (a) Hunting or Trapping at Certain Periods Unlawful. If in 24 any year the commission, by [resolution] regulation, fixes a 25 later hour to begin hunting [for game] or trapping on the first 26 day of any open season, it shall be unlawful for any person, 27 except in defense of person or property, to hunt for, chase, 28 disturb, or take, or to attempt to hunt for, chase, disturb, or 29 take, any wild bird or wild animal, game or otherwise, through 30 the use of firearms, or a bow and arrow, or with dogs, or traps, 19850H0585B1740 - 17 -
1 on such first day of the season prior to the opening hour so 2 fixed by [resolution] regulation of the commission. 3 (b) Taking of Raccoons Regulated. (1) Except in defense of 4 person or property, it is unlawful for any person to take, or 5 attempt to take, raccoons through the use of traps, except in 6 such county or counties as the commission may, by proper 7 [resolution] regulation, declare open to trapping when in its 8 opinion raccoons are sufficiently abundant to justify such 9 trapping. 10 (2) After investigation or upon information otherwise 11 obtained as to any county being infested with rabies, the 12 commission may remove all protection on raccoons in such 13 infested counties, or declare an open season on such animals, or 14 direct the killing and disposition of same, in such manner as 15 the case may require. 16 (3) Whenever the commission fixes open seasons for hunting 17 or trapping raccoons, or whenever such open seasons are 18 established as otherwise provided in this section, such open 19 seasons shall be thirty days shorter for nonresidents of the 20 Commonwealth. The thirty days of extra open seasons for 21 residents of the Commonwealth shall be the first thirty days of 22 the open season. 23 (c) Hunters' Licenses [and Tags] for Antlerless Deer.--(1) 24 If in any year the commission declares an open season for 25 antlerless deer, it shall issue antlerless deer licenses [and 26 tags] to hunt for or kill such deer, at a fee of [three dollars 27 fifty cents] five dollars and fifty cents (5.50) under such 28 rules and regulations governing the issuance of such licenses 29 [and tags] as it may deem necessary to limit the number of 30 persons who may hunt for such deer in any county of the 19850H0585B1740 - 18 -
1 Commonwealth and to regulate the issuance of such licenses 2 generally. Except as otherwise provided in this subsection, no 3 applications for antlerless deer licenses received from 4 nonresidents of the Commonwealth shall be approved or licenses 5 issued in advance of thirty days prior to the opening date of 6 such antlerless deer season. Such licenses [and tags] shall be 7 issued without restriction or regard to the county of residence 8 of the Pennsylvania applicant and may be issued only to holders 9 of resident or nonresident hunting licenses, and such licenses 10 [and tags] shall not be transferable from one person to another 11 nor shall they be refunded or reissued to anyone. 12 Notwithstanding the provisions of any regulation limiting the 13 number of licenses [and tags], the commission shall issue 14 antlerless deer licenses [and tags] without effecting any quota 15 established by the commission for a particular county: [(1)] (i) 16 to members of Armed Forces who are residents of Pennsylvania and 17 who are on full time active duty; [(2)] (ii) to residents who 18 were honorably discharged from the Armed Forces within sixty 19 days of the date of the application upon substantial proof of 20 their military status; and [(3)] (iii) to disabled veterans as 21 defined in section 302 upon submission of the information 22 required by section 302. 23 (2) Licenses [and tags] for antlerless deer shall be issued 24 only by the county treasurers or by any person carrying out the 25 duties and responsibilities of a county treasurer in counties 26 functioning under a Home Rule Charter in counties where such 27 deer may be hunted and killed, who, for that purpose, are hereby 28 made agents of the commission. 29 (3) For services rendered in collecting and paying over fees 30 and issuing licenses [and tags], by mail or otherwise, such 19850H0585B1740 - 19 -
1 agents may retain the sum of fifty cents from the amount paid by 2 each licensee, which amount shall be paid into the county 3 treasury. 4 (4) It shall be unlawful for any person to sell or attempt 5 to sell any antlerless deer hunting license for a monetary fee 6 in excess of the fees fixed pursuant to this subsection. The 7 sale or attempted sale of each license shall constitute a 8 separate offense. 9 (5) When such licenses are issued to restrict the number of 10 persons who may hunt antlerless deer in any county of the 11 Commonwealth, certain qualifying landowners who own [eighty] 12 fifty or more contiguous acres of land within any county where 13 they desire to hunt antlerless deer shall be entitled to one 14 antlerless deer license for that county, at the prescribed fee, 15 to one and only one person whose name appears on the deed. These 16 antlerless deer licenses shall be allocated in advance of their 17 availability to the general public from the quota established by 18 the commission for the county where such land is situated to 19 persons who meet all of the following requirements: 20 (i) the [eighty] fifty or more contiguous acres of land are 21 owned by a natural person individually or as tenants by the 22 entirety, or by a corporation of four or fewer shareholders, or 23 by tenants in common of four or fewer natural persons; 24 (ii) the [eighty] fifty or more contiguous acres of land are 25 open to public hunting and trapping and shall remain open to 26 hunting and trapping during the hunting license year for which 27 the antlerless deer license is issued; 28 (iii) the applicant for an antlerless deer license shall 29 furnish proof of ownership of [eighty] fifty or more contiguous 30 acres of land to the county treasurer within the county where 19850H0585B1740 - 20 -
1 such land is situated. 2 (6) Any resident of Pennsylvania residing within the 3 Commonwealth who is a bona fide owner or lessee of lands which 4 lie within the county declared open to the hunting of antlerless 5 deer, or any member of the family or household, or regularly 6 hired help of such owner or lessee who are so employed on a 7 full-time basis, if such person is a resident of the 8 Commonwealth, actually residing upon and cultivating such lands 9 for general farm crop purposes, is hereby declared eligible to 10 hunt antlerless deer without a resident hunters' license or an 11 antlerless deer license upon said property, and, by and with the 12 written consent of the owner or lessee thereof, upon the lands 13 immediately adjacent and connected with his own lands, other 14 than publicly-owned lands. 15 (7) The terms "antlerless deer" and "deer without visible 16 antlers," as used in this subsection or any other provision of 17 the Game Law which this act amends, are hereby defined to mean a 18 deer without an antler sometimes called horn, or a deer with 19 antlers both of which are less than three inches long, the term 20 "antler," as herein used or in any other provision of the Game 21 Law which this act amends, meaning the bony growth on the head 22 of a deer regardless of its size or development. 23 (8) When the commission adopts and promulgates such rules 24 and regulations relative to hunters' licenses [and tags] for 25 antlerless deer, it is unlawful for any person other than a 26 landowner or lessee of the county or a member of his household, 27 as hereinbefore enumerated, to hunt for antlerless deer without 28 a hunters' license [and tag] for antlerless deer, or to take 29 such deer contrary to the rules and regulations adopted by the 30 commission. 19850H0585B1740 - 21 -
1 (9) The antlerless deer license [tag issued with an 2 antlerless deer license] shall be displayed on the outer garment 3 immediately below the regular resident or nonresident hunting 4 license [tag]. Any person who fails to display the antlerless 5 deer license [tag herein required] shall, upon conviction, be 6 sentenced to pay a fine of twenty-five dollars ($25) and costs 7 of prosecution, provided it shall be determined the person has 8 purchased a license; otherwise, a penalty of fifty dollars ($50) 9 and costs of prosecution shall be imposed. Any person who shall 10 give false information in obtaining or attempting to obtain an 11 antlerless deer license as relates to certain qualifying 12 landowners shall, upon conviction, be sentenced to pay a fine of 13 two hundred dollars ($200) and costs of prosecution and shall be 14 denied the right to hunt or trap anywhere in this Commonwealth, 15 with or without a license, for a period of three years. Any 16 other person who shall give false information in obtaining or 17 attempting to obtain an antlerless deer license shall, upon 18 conviction, be sentenced to pay a fine of fifty dollars ($50) 19 and costs of prosecution. 20 (e) Open Season for Hunting Deer with Bows and Arrows.--(1) 21 In each year in which there is an open season for hunting deer 22 there shall, in addition, be an open season for hunting deer 23 with bows and arrows exclusively, unless otherwise declared by 24 [resolution] regulation of the commission and the provisions of 25 subsection (c) of this section shall not apply thereto. The 26 duration and time of such additional open season, together with 27 the description of the deer which may be lawfully killed, shall 28 each year be fixed by the commission. During any such additional 29 open season, it shall be unlawful to hunt for, kill or attempt 30 to kill, any deer, without a license as hereinafter prescribed, 19850H0585B1740 - 22 -
1 or with any weapon other than a bow and arrow. 2 (2) No person shall hunt for or kill any deer during such 3 additional open archery season with bow and arrow without first 4 having secured a hunting license and, in addition thereto, an 5 archery license from the commission or any agent designated as 6 an issuing agent of the commission, the fee for which is hereby 7 fixed at [two dollars] five dollars and fifty cents ($5.50). 8 Such license shall be attached to the hunters' license 9 certificate for the current year and shall be countersigned in 10 ink diagonally across its face by the licensee before hunting in 11 the open season herein provided for. 12 (3) The county treasurer of each county and each other 13 person designated the agent for the commission for the issuance 14 of archery licenses may retain for the use of the county if the 15 issuing agent is the county treasurer, otherwise to the agent 16 for such service the sum of fifty cents paid by the applicant in 17 addition to the license fee prescribed. The provisions of this 18 act with respect to the issuance of licenses, collections of 19 fees and records shall apply to the issuance of archery 20 licenses. 21 (4) It shall be unlawful for any person to sell or attempt 22 to sell any archery hunting license for a monetary fee in excess 23 of the fee fixed pursuant to this subsection. The sale or 24 attempted sale of each such license shall constitute a separate 25 offense. 26 (f) Muzzleloading Firearms Deer Season.--(1) The commission 27 may, by [resolution] regulation, declare an open season for 28 hunting deer with muzzleloading firearms during any hunting 29 license year which shall hereinafter be known and referred to as 30 Muzzleloading Firearms Deer Season. 19850H0585B1740 - 23 -
1 (2) In any year in which a Muzzleloading Firearms Deer 2 Season shall be declared as hereinbefore provided, the 3 Muzzleloading Firearms Deer Season shall not be established 4 prior to the close of the regular rifle deer seasons for the 5 then current hunting license year. The commission shall, 6 notwithstanding any other provisions of this act, adopt rules 7 and regulations governing the hunting and killing of deer during 8 such Muzzleloading Firearms Deer Season which shall include but 9 not be limited to, the duration and time of such deer season, 10 the description of the deer which may lawfully be killed, the 11 type of muzzleloading firearms which may lawfully be used to 12 hunt for and kill deer during such season, the area or areas 13 within the Commonwealth where deer may lawfully be hunted and 14 killed, and any other rules and regulations deemed necessary to 15 properly regulate, manage, and control the hunting and killing 16 of deer during such season. For the purposes of this section, a 17 muzzleloading firearm shall not be less than .44 calibre and 18 shall not be equipped with a telescope. 19 (3) It shall be unlawful for any person to hunt for, take, 20 kill or wound, or attempt to take, or kill, or for any person to 21 aid or assist in any manner to hunt for, take, kill or wound 22 deer during such Muzzleloading Firearms Deer Season without 23 first having legally obtained a resident[, nonresident or alien] 24 or nonresident hunter's license as defined in sections 302 and 25 303 of this act and, in addition thereto, a Muzzleloading 26 Firearms Deer Season license which may be obtained from the 27 commission or any agent designated by the commission to issue 28 such licenses, the fee for which is hereby fixed at [three 29 dollars fifty cents ($3.50)] five dollars and fifty cents 30 ($5.50). Such license shall be in such form as the commission 19850H0585B1740 - 24 -
1 shall prescribe and shall be valid from the first day of 2 September of one year to the thirty-first day of August of the 3 year next following. The lawful holder of such license shall 4 sign his full name in ink diagonally across its face before 5 hunting deer in the open season herein provided for and shall 6 carry such license upon his person at all times while hunting 7 during such season. 8 (4) Any agent designated by the commission to issue 9 Muzzleloading Firearms Deer Season licenses may retain the sum 10 of fifty cents ($.50) of the hereinbefore prescribed license fee 11 for each such license issued as payment for services rendered. 12 The several provisions of this act governing the issuance of 13 hunting licenses by issuing agents with respect to keeping 14 records, filing reports, and collecting and remitting license 15 fees shall apply in like manner, force and effect to agents 16 designated by the commission to issue Muzzleloading Firearms 17 Deer Season licenses. 18 (5) It shall be unlawful for any person to sell or attempt 19 to sell any Muzzleloading Firearms Deer Season license for a 20 monetary fee in excess of the fees fixed pursuant to this 21 subsection. The sale or attempted sale of each license shall 22 constitute a separate offense. 23 (6) It shall be unlawful for any person to hunt for, take, 24 kill or wound or attempt to take, kill or wound, or to aid or 25 assist any person in any manner to hunt for, take, kill or wound 26 deer during such Muzzleloading Firearms Deer Season contrary to 27 the provisions of this section or rules and regulations adopted 28 by the commission as hereinbefore provided. 29 (7) Any person who shall violate any of the provisions of 30 this section or any rules and regulations adopted by the 19850H0585B1740 - 25 -
1 commission pursuant thereto, shall, upon conviction, be 2 sentenced to pay the penalties prescribed in section 506 of this 3 act. 4 (g) Bear Hunting Season and Licensing Requirements. 5 (1) When the commission, by [resolution] regulation, 6 declares an open season for hunting and taking bear, it shall be 7 unlawful for any person other than persons excepted under 8 section 317, to hunt for, take, kill or wound or attempt to 9 take, kill or wound bear, or to aid or assist any person in any 10 manner to hunt for, take, kill or wound bear without first 11 having legally obtained a current resident or nonresident 12 hunter's license as defined in this act and in addition thereto, 13 a current bear hunting license which shall be obtained from the 14 commission at a fee of [five dollars ($5)] ten dollars ($10.00) 15 for a resident and [fifteen dollars ($15)] twenty-five dollars 16 ($25.00) for a nonresident. The license shall be in such form as 17 the commission shall determine and shall be displayed while 18 hunting bear by the lawful holder of such license in such manner 19 as the commission shall prescribe. Before the bear license shall 20 be legal for use in hunting, the lawful holder of such license 21 shall sign his first name, middle initial and last name in ink 22 across the face of the license. 23 (2) When the commission declares an open season for hunting 24 and taking bear, in addition to the statutory requirements of 25 this section, the commission, in order to properly manage the 26 resource, shall have authority to adopt any rules and 27 regulations deemed necessary to regulate the hunting, taking, 28 killing, possession or transportation of such species. Such 29 rules and regulations may include but not be limited to the 30 establishment of bear management units, limit the number of 19850H0585B1740 - 26 -
1 hunters who may hunt for bear in such management units, regulate 2 the number of bear licenses which may be issued and prescribe 3 the method and procedure for making application for such license 4 and the issuance thereof. The number of bear licenses which 5 shall be made available to nonresidents of the Commonwealth 6 shall not exceed three percent (3%) of the total number of bear 7 licenses to be issued as determined by the commission. 8 (3) Each person killing a bear of any description during any 9 open bear season shall, within twenty-four hours from time of 10 killing, deliver the bear to a bear check station designated by 11 the commission for examination. Each person delivering such bear 12 to a designated bear check station shall furnish to officers of 13 the commission information concerning the killing of such bear. 14 Following examination of the bear, the officer of the commission 15 shall attach a metal tag supplied by the commission to the head 16 of each legally killed bear. Such metal tag shall remain 17 permanently attached to the head of the bear or until it has 18 been mounted or tanned. 19 (4) It shall be unlawful for any person to hunt for, take, 20 kill, wound, possess, conceal, transport or attempt to take, 21 kill or wound, or to aid or assist any person in any manner to 22 hunt for, take, kill, wound, possess, conceal or transport any 23 bear contrary to the provisions of this subsection or rules and 24 regulations adopted by the commission. It shall be unlawful for 25 any person to lend a bear license to another person or for any 26 person to use a bear license issued to another person, or to 27 alter a bear license in any manner. It shall be unlawful for any 28 person killing a bear of any description to fail to deliver such 29 bear to a designated bear check station as herein required, or 30 for any person to remove the metal tag attached to any bear by 19850H0585B1740 - 27 -
1 an officer of the commission contrary to the provisions of this 2 article. 3 (5) Any person who shall violate any of the provisions of 4 this subsection or any rules and regulations adopted by the 5 commission shall, upon conviction, be sentenced to pay the 6 penalties prescribed in section 506. 7 Section 15. Section 505 of the act, amended May 6, 1981 8 (P.L.47, No.15), is amended to read: 9 Section 505. Notification of Action of Commission.--(a) The 10 commission shall make available to each [hunter] licensee a 11 summary of the seasons and bag limits, and designate any 12 counties that may be closed, and name the species of game birds 13 and game animals or fur-bearing animals for which there is no 14 open season, and shall prepare and distribute such additional 15 notices as in its judgment may be necessary. 16 (b) It is unlawful for any person to violate any of the 17 rules and regulations adopted by the commission for the 18 preservation of game birds, game animals, fur-bearing animals, 19 nongame birds and all other wild birds and wild animals; or to 20 take, or be possessed of, such birds or animals at a time, or in 21 any number or manner, or of any kind or sex, contrary to such 22 rules and regulations. 23 Section 16. Section 601 of the act, amended December 10, <-- 24 1974 (P.L.811, No.269), is amended to read: 25 Section 601. Open Season for Fur-Bearing Animals.--(a) 26 After investigation, or upon information otherwise obtained, by 27 the commission as to the annual supply of fur-bearing animals, 28 the commission may, by appropriate rules and regulations, a 29 summary of which shall be published as hereinbefore specified, 30 fix seasons, trapping hours, and daily, season, and possession 19850H0585B1740 - 28 -
1 limits, or remove protection, or increase or reduce seasons and 2 bag limits for any or all species of fur-bearing animals 3 throughout the Commonwealth, or in any part thereof, or limit 4 the number of trappers in any designated area and prescribe the 5 methods of trapping therein, when in its opinion such action is 6 necessary to assure the maintenance of an adequate supply of 7 such animals, or to reduce the numbers thereof to safeguard game 8 birds and animals. 9 (b) If in any year the commission fails to establish such 10 seasons, and bag and possession limits, in the manner herein 11 specified, the seasons, bag and possession limits, and trapping 12 regulations for fur-bearing animals shall be the same as fixed 13 by resolution of the commission for the previous year, except 14 the seasons shall open and close one calendar day earlier than 15 during the previous hunting and trapping license year. In the 16 event the commission fails to establish the seasons for a 17 hunting and trapping license year beginning in a leap year, the 18 seasons shall open and close two calendar days earlier than the 19 previous hunting and trapping year. 20 (c) The commission shall, in fixing annual trapping seasons, 21 provide for such seasons in a manner that will ensure that 22 houndsmen have at least thirty trap-free hunting days within the 23 dates set by the commission for the taking of fox and raccoon. 24 Section 17 16. Section 604(a) of the act, amended May 15, <-- 25 1945 (P.L.519, No.202), is amended to read: 26 Section 604. (a) Special Regulations Relative to Beavers.-- 27 [In addition to complying with the requirements of this act 28 relative to taking fur-bearing animals, the trapping of beavers 29 shall be restricted to bona fide residents of Pennsylvania 30 holding a lawfully issued resident hunter's license.] Owners and 19850H0585B1740 - 29 -
1 lessees of land, and members of their families, actually 2 residing thereon and cultivating such land, may trap beavers 3 thereon if open to public trapping, but not on any adjacent or 4 other lands, without first securing a resident [hunter's] 5 furtaker's license. 6 * * * 7 Section 18 17. Section 702 of the act, amended March 22, <-- 8 1974 (P.L.201, No.41), is amended to read: 9 Section 702. Hunting on Sunday and at Night.--(a) It is 10 unlawful for any person to hunt for, shoot at, chase, catch or 11 kill, or attempt to shoot at, chase, catch, or kill, with or 12 without dogs, any game or raccoon, except in defense of person 13 or property, upon the first day of the week commonly called 14 Sunday, except for dog training or trial purposes as hereinafter 15 provided; or to hunt for, shoot at, catch or kill, or attempt to 16 hunt for, shoot at, catch or kill, nongame birds or any game 17 between the closing hour of one day and the opening hour of the 18 day following as set by resolutions of the commission, except 19 that raccoons may be hunted for and killed any time during the 20 open season, day or night. This section shall not prohibit the 21 removal of raccoons or fur-bearing animals from traps or 22 deadfalls on Sunday when lawfully caught. 23 (b) Any person violating any of the provisions of this 24 section shall be liable to the fine hereinafter provided. 25 Section 19 18. Section 1401(x), (y) and (z.1) of the act, <-- 26 amended July 27, 1973 (P.L.83, No.36), are amended AND THE <-- 27 SECTION IS AMENDED BY ADDING A SUBSECTION to read: 28 Section 1401. Continuance of Game Fund; Appropriation.--All 29 license fees, fines, permit fees, and other moneys received and 30 collected (a) under the provisions of any law repealed and 19850H0585B1740 - 30 -
1 replaced by this act, and now held in the State Treasury as the 2 Game Fund, or (b) that may be hereafter paid into the State 3 Treasury under the provisions of any act so repealed or 4 replaced, or (c) that may be paid into the State Treasury under 5 the provisions of this act, shall be placed in the separate fund 6 known as "The Game Fund," and shall be held separately and apart 7 solely for the following purposes: 8 * * * 9 (x) All such moneys placed in the Game Fund under the <-- 10 provisions of this section are hereby made available 11 immediately, and [are hereby specifically appropriated] shall be 12 annually appropriated by the General Assembly to the commission 13 for the purposes herein specified; 14 (y) Estimates of the amounts to be expended under this act, 15 from time to time, by the Pennsylvania Game Commission, shall be 16 submitted to the Governor [for his approval or disapproval, and <-- 17 it] and to the General Assembly pursuant to Article VI of the <-- 18 act of April 9, 1929 (P.L.177, No.175), known as "The 19 Administrative Code of 1929." It shall be unlawful for the 20 [Auditor General] State Treasurer to honor any requisition for 21 the expenditure of any moneys out of this appropriation by the 22 Pennsylvania Game Commission in excess of the [estimates <-- 23 approved by the Governor] amounts appropriated by law. Subject <-- 24 to the foregoing provision, the moneys appropriated by this act 25 shall be paid out of the Game Fund upon warrant of the [Auditor 26 General] State Treasurer drawn after requisition by the 27 Pennsylvania Game Commission, or as authorized by law by other 28 departments. 29 (Y.1) THE COMMISSION SHALL SUBMIT AN ANNUAL WRITTEN AND ORAL <-- 30 REPORT TO THE GAME AND FISHERIES COMMITTEES OF THE SENATE AND 19850H0585B1740 - 31 -
1 THE HOUSE OF REPRESENTATIVES NO LATER THAN NOVEMBER 30 OF EACH 2 FISCAL YEAR. THE WRITTEN REPORT SHALL INCLUDE COMPLETE BUDGETS 3 FOR THE CURRENT FISCAL YEAR AND FOR THE FISCAL YEAR ABOUT TO 4 COMMENCE. AN AUDIT OF THE BUDGET FOR THE CONCLUDING FISCAL YEAR 5 SHALL BE CONDUCTED AND SHALL BE SUBMITTED TO THE GAME AND 6 FISHERIES COMMITTEES NO LATER THAN NOVEMBER 30 OF EACH FISCAL 7 YEAR. 8 * * * 9 (z.1) The sum of [one dollar] two dollars of the fee 10 collected for issuing resident and nonresident hunters' licenses 11 and tags for antlerless deer, shall be used solely for cutting 12 or otherwise removing overshadowing tree growth, to produce 13 underbrush sprouts and saplings for deer food and cover on game 14 land. 15 * * * 16 Section 20 19. Whenever, in law, any reference is made to <-- 17 the raccoon as a game animal, such reference shall be deemed to 18 refer to the raccoon as a furbearing animal. 19 Section 21 20. This act applies to the license year <-- 20 beginning September 1, 1985, and each year thereafter. 21 Section 22 21. This act shall take effect immediately. <-- B6L34RZ/19850H0585B1740 - 32 -