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PRINTER'S NO. 3436
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2110
Session of
2015
INTRODUCED BY MULLERY, MILLARD, PETRARCA, D. COSTA, RADER,
ENGLISH, EVERETT, SONNEY, DAVIS, PASHINSKI, NEILSON, GERGELY
AND GILLEN, MAY 27, 2016
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 27, 2016
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking licenses, further
providing for unlawful acts concerning licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2711 of Title 34 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 2711. Unlawful acts concerning licenses.
(a) General rule.--Except as otherwise provided in this
title, it is unlawful for any person to:
(1) Hunt or take any game or wildlife by any means or
manner or device, including the use of dogs, without first
securing and personally signing the required license. [The
required license must be carried on person when hunting,
furtaking or taking any game or wildlife within this
Commonwealth.]
(1.1) After complying with paragraph (1) insofar as it
relates to securing and personally signing the required
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license, fail to carry the required license on his person
when hunting, furtaking or taking any game or wildlife within
this Commonwealth.
(2) Procure a license in a name other than the person's
legal name, furnish an address other than his legal place of
residence and domicile or make any false or misleading
statement whatsoever in securing a license.
(3) Lend or transfer in any manner whatsoever a license
or game or wildlife kill tag to any other person regardless
of the purpose.
(4) Issue, acquire or aid, assist or conspire, either
for that person or any other person, in procuring any hunting
or furtaking license for which that person is not legally
entitled thereto.
(5) Possess while hunting or taking game or wildlife or
going to or from hunting or taking game or wildlife any
report card, license tag, license stamp or game or wildlife
kill tag belonging to another.
(6) Except as provided under section 2705 (relating to
classes of licenses), receive a hunting or furtaking license
under any circumstances if under 12 years of age.
(7) Receive a hunting or furtaking license without
presenting a written request executed by a parent or legally
constituted guardian if under 17 years of age.
(8) Use firearms of any kind or a bow and arrow for the
purpose of hunting any game or wildlife or attempting to take
or kill any game or wildlife by hunting or trapping if under
12 years of age or when hunting or trapping any game or
wildlife or attempting to hunt or trap any game or wildlife
if between 12 and 14 years of age, unless accompanied by a
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parent or a person 18 years of age or older serving in loco
parentis or as guardian or some other family member 18 years
of age or older or when hunting if between 14 and 16 years of
age, unless accompanied by a person 18 years of age or older.
For the purpose of this paragraph "accompany" means close
enough that verbal instructions and guidance can be easily
understood. The provisions of this paragraph shall not apply
to section 2363 (relating to trapping exception for certain
persons).
(10) Hunt or take, or aid, assist or attempt to hunt or
take, furbearers or take any game or wildlife anywhere in
this Commonwealth, either with or without a license, or make
application, receive or attempt or conspire to receive any
license required by this chapter, during any period that
these privileges have been denied or withdrawn by this title,
by the director or by a magisterial district judge or court.
(11) Conspire to or duplicate, reproduce, alter, forge
or counterfeit any permit, license, tag or stamp required by
this title.
(12) While exercising any of the privileges granted by
any license provided for in this title, refuse or fail to
satisfactorily provide positive identification or proof of
license to any landowner upon whose land that person may be
occupying or to any officer whose duty it is to enforce this
title.
(13) Violate any regulations promulgated under the
authority of this subchapter.
(a.1) Exemption.--For the sole purpose of implementing and
enhancing a mentored hunting program within this Commonwealth,
the commission may establish regulations exempting certain
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limited hunting activities from the prohibitions specified in
subsection (a)(1), (1.1), (3), (5) and (8). Such exemption shall
include a provision limiting a mentored person participating in
a mentored hunting program to the receipt of no more than one
antlerless deer license in each license year. A person 17 years
of age or older may participate in a mentored hunting program as
a mentored hunter in no more than three licensing years.
(b) Penalties.--A violation of this subchapter relating to:
(1) Subsection (a)(1) insofar as it relates to hunting
or furtaking without a valid license or licenses required is
a summary offense of the third degree.
(2) Subsection (a)(1) insofar as it relates to signing a
license is a summary offense of the eighth degree.
(2.1) Subsection (a)(1.1) is a summary offense of the
seventh degree.
(3) Subsection (a)(2), (3), (4), (5) or (12) is a
summary offense of the fifth degree.
(4) Subsection (a)(6), (7) or (8) is a summary offense
of the seventh degree.
(5) Subsection (a)(10) or (11) is a summary offense of
the first degree and may result in forfeiture of the
privilege to hunt or take game or wildlife anywhere within
this Commonwealth for a period of five years.
(6) Any of the other provisions of this subchapter or
the regulations promulgated thereunder is a summary offense
of the fifth degree.
(c) Separate offenses.--Each day of violation or each
illegal act constitutes a separate offense.
Section 2. This act shall take effect in 60 days.
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