Regular Session 2015-2016 House Bill 2110 P.N. 3436

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:

§ 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

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.

illegal act constitutes a separate offense.

Section 2. This act shall take effect in 60 days.

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