PRINTER'S NO. 2987
No. 2301 Session of 1982
INTRODUCED BY GRABOWSKI AND GAMBLE, MARCH 1, 1982
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 1, 1982
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," further providing for drawings for
5 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 February 11, 1982 (No.21), is amended to read:
11 Section 501. Open Seasons.--* * *
12 (c) Hunters' Licenses and Tags for Antlerless Deer.--If in
13 any year the commission declares an open season for antlerless
14 deer, it shall issue antlerless deer licenses and tags to hunt
15 for or kill such deer, at a fee of three dollars thirty-five
16 cents under such rules and regulations governing the issuance of
17 such licenses and tags as it may deem necessary to limit the
18 number of persons who may hunt for such deer in any county of
19 the Commonwealth and to regulate the issuance of such licenses
1 generally. Except as otherwise provided in this subsection, no
2 applications for antlerless deer licenses received from
3 nonresidents of the Commonwealth shall be approved or licenses
4 issued in advance of thirty days prior to the opening date of
5 such antlerless deer season. Such licenses and tags shall be
6 issued without restriction or regard to the county of residence
7 of the Pennsylvania applicant and may be issued only to holders
8 of resident or nonresident hunting licenses, and such licenses
9 and tags shall not be transferable from one person to another
10 nor shall they be refunded or reissued to anyone.
11 Notwithstanding the provisions of any regulation limiting the
12 number of licenses and tags, the commission shall issue
13 antlerless deer licenses and tags without effecting any quota
14 established by the commission for a particular county: (1) to
15 members of Armed Forces who are residents of Pennsylvania and
16 who are on full time active duty; (2) to residents who were
17 honorably discharged from the Armed Forces within sixty days of
18 the date of the application upon substantial proof of their
19 military status; and (3) to disabled veterans as defined in
20 section 302 upon submission of the information required by
21 section 302.
22 Licenses and tags for antlerless deer shall be issued only by
23 the county treasurers or by any person carrying out the duties
24 and responsibilities of a county treasurer in counties
25 functioning under a Home Rule Charter in counties where such
26 deer may be hunted and killed, who, for that purpose, are hereby
27 made agents of the commission. An impartial random public
28 drawing shall be conducted by the county treasurer or person
29 carrying out the duties and responsibilities of a county
30 treasurer in counties functioning under a Home Rule Charter to
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1 select successful applicants for the issuance of antlerless deer
2 licenses in accordance with rules and regulations adopted by the
3 commission.
4 For services rendered in collecting and paying over fees and
5 issuing licenses and tags, by mail or otherwise, such agents may
6 retain the sum of thirty-five cents from the amount paid by each
7 licensee, which amount shall be paid into the county treasury.
8 When such licenses are issued to restrict the number of
9 persons who may hunt antlerless deer in any county of the
10 Commonwealth, certain qualifying landowners who own eighty or
11 more contiguous acres of land within any county where they
12 desire to hunt antlerless deer shall be entitled to one
13 antlerless deer license for that county, at the prescribed fee,
14 to one and only one person whose name appears on the deed. These
15 antlerless deer licenses shall be allocated in advance of their
16 availability to the general public from the quota established by
17 the commission for the county where such land is situated to
18 persons who meet all of the following requirements:
19 (i) the eighty or more contiguous acres of land are owned by
20 a natural person individually or as tenants by the entirety, or
21 by a corporation of four or fewer shareholders, or by tenants in
22 common of four or fewer natural persons;
23 (ii) the eighty or more contiguous acres of land are open to
24 public hunting and trapping and shall remain open to hunting and
25 trapping during the hunting license year for which the
26 antlerless deer license is issued;
27 (iii) the applicant for an antlerless deer license shall
28 furnish proof of ownership of eighty or more contiguous acres of
29 land to the county treasurer within the county where such land
30 is situated.
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1 Any resident of Pennsylvania residing within the Commonwealth
2 who is a bona fide owner or lessee of lands which lie within the
3 county declared open to the hunting of antlerless deer, or any
4 member of the family or household, or regularly hired help of
5 such owner or lessee who are so employed on a full-time basis,
6 if such person is a resident of the Commonwealth, actually
7 residing upon and cultivating such lands for general farm crop
8 purposes, is hereby declared eligible to hunt antlerless deer
9 without a resident hunters' license or an antlerless deer
10 license upon said property, and, by and with the written consent
11 of the owner or lessee thereof, upon the lands immediately
12 adjacent and connected with his own lands, other than publicly-
13 owned lands.
14 The terms "antlerless deer" and "deer without visible
15 antlers," as used in this subsection or any other provision of
16 the Game Law which this act amends, are hereby defined to mean a
17 deer without an antler sometimes called horn, or a deer with
18 antlers both of which are less than three inches long, the term
19 "antler," as herein used or in any other provision of the Game
20 Law which this act amends, meaning the bony growth on the head
21 of a deer regardless of its size or development.
22 When the commission adopts and promulgates such rules and
23 regulations relative to hunters' licenses and tags for
24 antlerless deer, it is unlawful for any person other than a
25 landowner or lessee of the county or a member of his household,
26 as hereinbefore enumerated, to hunt for antlerless deer without
27 a hunters' license and tag for antlerless deer, or to take such
28 deer contrary to the rules and regulations adopted by the
29 commission.
30 The antlerless deer license tag issued with an antlerless
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1 deer license shall be displayed on the outer garment immediately
2 below the regular resident or nonresident hunting license tag.
3 Any person who fails to display the antlerless deer license tag
4 herein required shall, upon conviction, be sentenced to pay a
5 fine of twenty-five dollars ($25) and costs of prosecution,
6 provided it shall be determined the person has purchased a
7 license; otherwise, a penalty of fifty dollars ($50) and costs
8 of prosecution shall be imposed. Any person who shall give false
9 information in obtaining or attempting to obtain an antlerless
10 deer license as relates to certain qualifying landowners shall,
11 upon conviction, be sentenced to pay a fine of two hundred
12 dollars ($200) and costs of prosecution and shall be denied the
13 right to hunt or trap anywhere in this Commonwealth, with or
14 without a license, for a period of three years. Any other person
15 who shall give false information in obtaining or attempting to
16 obtain an antlerless deer license shall, upon conviction, be
17 sentenced to pay a fine of fifty dollars ($50) and costs of
18 prosecution.
19 * * *
20 Section 2. Section 506 of the act, amended June 24, 1981
21 (P.L.111, No.37) and November 20, 1981 (P.L.340, No.125), is
22 amended to read:
23 Section 506. Penalties.--Any person violating any of the
24 provisions of this article shall, upon conviction, be sentenced
25 to pay the following fines and costs of prosecution for each
26 offense:
27 For taking, killing, wounding, possessing, concealing,
28 transporting or for hunting for or attempting to take, kill, or
29 wound any game, fur-bearing animals, nongame birds, or any other
30 wild birds or wild animals contrary to this article or any rule
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1 or regulation adopted hereunder by the commission:
2 (a) Each elk, four hundred dollars ($400), and in the
3 discretion of the court, six months imprisonment.
4 (b) Each deer, two hundred dollars ($200).
5 (c) Each bear, which shall include failure to deliver any
6 bear to a designated bear check station within twenty-four hours
7 from time of killing for examination, four hundred dollars
8 ($400).
9 (d) Each wild turkey fifty dollars ($50); and each ruffed
10 grouse, ringneck pheasant, quail, partridge, or woodcock, swan,
11 wild goose, brant or wild duck, twenty-five dollars ($25).
12 (e) Each raccoon, twenty-five dollars ($25).
13 (f) Each bobcat or wildcat, fifty dollars ($50).
14 (g) For each other bird or animal, ten dollars ($10).
15 (h) Failure of lawful holder of Muzzleloading Firearms Deer
16 Season license to sign his full name in ink diagonally across
17 its face, two dollars ($2).
18 (i) Failure to carry the required Muzzleloading Firearms
19 Deer Season license on his person while hunting for deer during
20 such season, ten dollars ($10).
21 (j) Hunting for deer during the Muzzleloading Firearms Deer
22 Season, or for aiding or assisting any person in any manner to
23 hunt for deer during such season without first having obtained
24 the required license, or for using a license belonging to
25 another person, twenty dollars ($20).
26 (k) Failure of lawful holder of bear license to sign his
27 first name, middle initial and last name in ink across the face
28 of the license, twenty-five dollars ($25) plus forfeiture of the
29 bear license to the Commonwealth.
30 (l) Hunting for bear or for aiding or assisting any person
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1 in any manner to hunt for bear during the open bear season
2 without first having lawfully obtained a bear license, or for
3 using a bear license belonging to another person, or for any
4 person to lend a bear license to another person, or to alter a
5 bear license in any manner, one hundred dollars ($100) plus
6 forfeiture of the bear license to the Commonwealth.
7 (m) Removing the metal tag attached to the head of a bear by
8 an officer of the commission contrary to the provisions of this
9 article, one hundred dollars ($100) plus forfeiture of the bear
10 or any part thereof to the Commonwealth.
11 (n) For the sale or attempted sale of any antlerless deer
12 hunting license, any archery hunting license, or any
13 Muzzleloading Firearms Deer Season license for a monetary fee in
14 excess of the fees prescribed by this article, the sum of twenty
15 dollars ($20) for each sale or attempted sale and the costs of
16 prosecution.
17 (o) Failure of any county treasurer or any person carrying
18 out the duties and responsibilities of a county treasurer in
19 counties functioning under a Home Rule Charter to conduct an
20 impartial random public drawing to select successful applicants
21 for the issuance of antlerless deer licenses as required under
22 the provisions of section 501(c) of this article, one thousand
23 dollars ($1,000).
24 For violating any of the provisions of this article not above
25 provided for, or for violating any of the rules and regulations
26 of the commission adopted under the provisions of this article,
27 and not above provided for, twenty-five dollars ($25) and costs
28 of prosecution for each offense.
29 Upon failure of any person convicted of a first offense to
30 immediately pay the fine imposed and costs of prosecution, he
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1 shall be imprisoned one day for each dollar of fine imposed and
2 costs of prosecution.
3 Any person convicted of a second or subsequent offense shall
4 be liable to the fines above provided and costs of prosecution,
5 and in addition thereto shall, in the discretion of the court,
6 suffer imprisonment one day for each dollar of fine imposed.
7 Section 3. This act shall take effect January 1, 1983.
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