Pennsylvania Act 2001-98 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Dec. 13, 2001, P.L. 897, No. 98              Cl. 34
                             Session of 2001
                               No. 2001-98

     HB 212

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, providing for the possession of shed antlers; and
        further providing for the time periods of permits, for permit
        fees, for records, for reports and for disabled person
        permits.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 2307(d), 2903, 2904, 2906, 2907 and
     2923(a)(1) of Title 34 of the Pennsylvania Consolidated Statutes
     are amended to read:
      § 2307.  Unlawful taking or possession of game or wildlife.
        * * *
        (d)  Exceptions.--This section shall not apply to
     [authorized]:
            (1)  Authorized individuals who euthanize critically
        injured game or wildlife, which shall be permitted when it is
        reasonable to believe that the chance of survival of the
        injured game or wildlife is minimal or the injured game or
        wildlife poses a threat to human safety.
            (2)  Individuals who find and retain for their own use
        any deer or elk antler which is shed through natural causes.
        This paragraph shall not be construed to permit any
        individual possessing a shed antler to sell, barter or trade
        or to offer to sell, barter or trade any shed antler.
        * * *
      § 2903.  Permit year.
        Except as otherwise provided in this title, all permits shall
     be issued for [the time designated as the fiscal year for the
     Commonwealth.] a one-year, two-year or three-year time period
     selected by the applicant for the permit based on the fiscal
     year for the Commonwealth. Fees under section 2904 (relating to
     permit fees) shall be multiplied by the time period selected by
     the applicant and remitted at the time of application for the
     permit. Except when an application for a permit is rejected, all
     fees shall be nonrefundable. The permit for a disabled person to
     hunt from a vehicle shall be valid for the lifetime of the
     disabled person. There will be no reduced fees for a permit
     issued for less than a year.
      § 2904.  Permit fees.
        (a)  Annual fees.--The annual fee for permits provided for in
     this chapter shall be as follows:
            (1)  Bird banding - $25.
            (2)  Collecting - $25.
            (3)  [Disabled person - $5 for the lifetime of the
        disabled person.]
            (3.1)  Temporary permit for disabled person - $5 for the
        license year.
            (4)  Dog training area - $50.
            (5)  Dog trials (three consecutive days):
                (i)  Field trials - $25 per day.
                (ii)  Raccoon trials - $25 per day.
                (iii)  Retriever trials - $25.
            (6)  Endangered or threatened species:
                (i)  Native - $300.
                (ii)  Non-native - free with necessary Federal
            permit.
            (7)  Falconry - $25 for each raptor held.
            (8)  Fox chasing - $150.
            (9)  Fur dealers:
                (i)  Resident - $100.
                (ii)  Nonresident - $300.
            (10)  Regulated hunting grounds:
                (i)  Commercial - $100 for first 100 acres and $25
            for each additional 100 acres, or part thereof.
                (ii)  Noncommercial - $38 for first 100 acres and $8
            for each additional 100 acres, or part thereof.
            (11)  Retriever training area - $50.
            (12)  Taxidermy - $100.
            (13)  Wildlife (exotic) dealer - $200.
            (14)  Wildlife menagerie - $100.
            (15)  Wildlife (exotic) possession - $50 per animal.
            (16)  Wildlife propagation - $25 for one species and $10
        for each additional species.
            (17)  Commercial wildlife pest control - $50.
        (b)  Disabled permit fees.--The disabled permit fee for a
     disabled person shall be a one-time fee of $5, which is valid
     for the lifetime of the disabled person.
        [(18)] (c)  Other fees.--The commission shall set a
     reasonable fee for any permit required by this title which is
     not specifically set forth in this section.
      § 2906.  Records.
        Each permit holder shall keep accurate records of all
     transactions carried out under authority of the permit issued
     and any other information required by the director. The records
     for each year of a permit must be kept for a period of three
     years and shall be open to inspection by any officer of the
     commission during normal business hours and shall be the basis
     of any reports required by the commission.
      § 2907.  Reports.
        The director may require reports from any permit holder,
     except that no report may be required with respect to species of
     fox not indigenous to this Commonwealth. Annual reports shall be
     due within 30 days after expiration of the permit. For multiple-
     year permits, reports shall be submitted by July 30 of each year
     that the permit is in effect. The director may designate other
     times for reports if information is needed by the commission for
     its operations.
     § 2923.  Disabled person permits.
        (a)  Use of vehicle as a blind.--
            (1)  Unless further restricted by commission regulation,
        a lifetime permit to hunt from a stationary vehicle may be
        issued to a person with permanent disabilities who qualified
        for a hunting license pursuant to Chapter 27 (relating to
        hunting and furtaking licenses) or who possesses a junior
        resident license under section 2705(2) (relating to classes
        of licenses) and who meets any of the following requirements:
                (i)  Has paraplegia and has permanent paralysis of
            both legs and lower parts of the body.
                (ii)  Has hemiplegia and has permanent paralysis of
            one leg and one arm on either side of the body.
                (iii)  Has both feet or one hand and one foot
            amputated.
                (iv)  Is permanently confined to a wheelchair or must
            use crutches or a walker as a means of support to pursue
            daily activities.
                (v)  Presents an affidavit and doctor's certificate
            stating the applicant is physically unable to walk 25
            yards off the roadway.
            * * *
        Section 2.  Any provision of 58 Pa. Code is abrogated insofar
     as that provision is contrary to the provisions of 34 Pa.C.S. §
     2307(d)(2).
        Section 3.  This act shall take effect immediately.

     APPROVED--The 13th day of December, A. D. 2001.

     MARK S. SCHWEIKER