act-2000-0-111•Pennsylvania Act 2000-111 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2000-111 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
act-2000-0-1112000 Pa. Act 111Law
Act text
GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 20, 2000, P.L. 783, No. 111 Cl. 34
Session of 2000
No. 2000-111
SB 612
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, further providing for controlled goose hunting
areas, for unlawful taking or possession of game or wildlife,
for certain mandatory hunter education requirements, for the
use of crossbows as legal hunting devices, for the
application, issuance and fees of various licenses including
elk hunting licenses, for deer control permits in cities of
the first class and for disabled person permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 730, 929(a) and (a.1), 2307(e)(1), 2308,
2522(f), 2704(d) and 2705 of Title 34 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 730. Controlled goose hunting areas.
Applications are available in and must be submitted from the
current edition of Digest of Pennsylvania Hunting and Trapping
Regulations supplied with each hunting license. Applications
shall contain requested information, including the applicant's
current valid hunting license back tag number, including
letter[, and the number that appears on the Pennsylvania
Migratory Game Bird Hunting License, which is required for
application]. However, any person who has been selected to
reserve use of a Special Wildlife Management Area shall be
required to obtain a Pennsylvania Migratory Game Bird Hunting
License prior to the date of reservation. All other procedures
shall be established by regulations promulgated by the
commission.
§ 929. Revocation or denial of license, permit or
registration.
(a) General rule.--Except as otherwise provided in this
title, any hunting or furtaking license, special license or
permit or registration granted under the authority of this title
may be revoked by the commission when the holder of the license,
permit or registration is convicted of an offense under this
title or has acted contrary to the intent of the license,
special license, registration or permit, with each offense
constituting a separate violation subject to separate
revocation. The commission may refuse to grant to that person
any new license, special license or permit or registration and
may deny any privilege granted by these documents for a period
not exceeding five years unless otherwise provided in this
title. [A person whose license, permit or registration is
revoked or suspended under a provision of this title requiring
mandatory revocation or suspension must, in order to obtain
restoration, present evidence of the successful completion of a
hunter education course under section 2704(b) (relating to
eligibility for license) taken subsequent to the period of
revocation.]
(a.1) [Hunter] Remedial hunter education course.--A person
whose privilege to hunt with or without a license anywhere in
this Commonwealth is revoked or suspended under a provision of
this title requiring mandatory revocation or suspension shall,
in order to obtain restoration, present evidence of the
successful completion of a remedial hunter education course
[under section 2704(b) taken subsequent to each period of
revocation or suspension.] as provided by the director and
approved by the commission prior to obtaining a license. This
course may be taken no earlier than three months prior to the
end of the period of revocation. The commission shall promulgate
regulations establishing the curriculum, administration and any
associated fees of such a remedial course which fees shall bear
a reasonable relationship to the costs of providing the course
and the course materials.
* * *
§ 2307. Unlawful taking or possession of game or wildlife.
* * *
(e) Penalties.--A violation of this section relating to:
(1) Threatened or endangered species is a misdemeanor of
the [third] second degree.
* * *
§ 2308. Unlawful devices and methods.
(a) General rule.--Except as otherwise provided in this
title, it is unlawful for any person to hunt or aid, abet,
assist or conspire to hunt any game or wildlife through the use
of:
(1) An automatic firearm or similar device.
(2) A semiautomatic rifle or pistol.
(3) [A crossbow.] (Reserved).
(4) A semiautomatic shotgun or magazine shotgun for
hunting or taking small game, furbearers, turkey or
unprotected birds unless the shotgun is plugged to a two-
shell capacity in the magazine.
(5) Any device operated by air, chemical or gas cylinder
by which a projectile of any size or kind can be discharged
or propelled.
(6) Any recorded call or sound or recorded or
electronically amplified imitation of a call or sound of any
description or any other call or sound or imitation of calls
or sounds which are prohibited by regulations of the
commission. The commission shall be authorized, by
resolution, to adopt rules and regulations authorizing the
limited use of recorded calls or sounds or recorded or
electronically amplified imitation of calls or sounds when
such use is necessary in the commission's judgment to protect
the public health and safety or to preserve that species or
any other endangered by it.
(7) A vehicle or conveyance of any kind or its
attachment propelled by other than manpower. Nothing in this
subsection shall pertain to any motorboat or sailboat if the
motor has been completely shut off or sail furled, and the
progress thereof has ceased.
(8) Any artificial or natural bait, hay, grain, fruit,
nut, salt, chemical, mineral or other food as an enticement
for game or wildlife, regardless of kind and quantity, or
take advantage of any such area or food or bait prior to 30
days after the removal of such material and its residue.
Nothing contained in this subsection shall pertain to normal
or accepted farming, habitat management practices, oil and
gas drilling, mining, forest management activities or other
legitimate commercial or industrial practices. Upon discovery
of such baited areas, whether prosecution is contemplated or
not, the commission may cause a reasonable area surrounding
the enticement to be posted against hunting or taking game or
wildlife. The posters shall remain for 30 days after complete
removal of the bait.
(9) Any setgun, net, bird lime, deer lick, pit or pit
fall, turkey blind or turkey pen or any explosive, poison or
chemical of any kind.
(9.1) Any device which permits the release of two or
more arrows simultaneously on a single full draw of a bow.
(10) Any other device or method of any kind prohibited
by this title or regulations promulgated under this title.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Any archery sight or firearm's scope which contains
and uses any mechanical, photoelectric, ultraviolet or solar-
powered device to solely illuminate the sight or crosshairs
within the scope. No archery sight or firearm's scope shall
contain or use any device, no matter how powered, to project
or transmit any light beam, infrared beam, ultraviolet light
beam, radio beam, thermal beam, ultrasonic beam, particle
beam or other beam outside the sight or scope onto the
target.
(2) Any political subdivision, its employees or agents,
which has a valid deer control permit issued under section
2902(c) (relating to general categories of permits).
(c) Penalties.--
(1) A violation of subsection (a)(1), (2), [(3),] (4) or
(5) is a summary offense of the fifth degree.
(2) A violation of subsection (a)(7) is a summary
offense of the third degree.
(3) A violation of any other provision of this section
is a summary offense of the fourth degree.
§ 2522. Shooting at or causing injury to human beings.
* * *
(f) Mandatory remedial hunter education.--Any person whose
privilege to hunt or take game is suspended under subsection (c)
shall, prior to obtaining a license after the period of
suspension, present evidence of the successful completion of a
remedial hunter education course [as prescribed in section
2704(b) (relating to eligibility for license) taken subsequent
to each suspension of the license] as provided by the director
and approved by the commission.
* * *
§ 2704. Eligibility for license.
* * *
(d) Duties of commission.--
(1) The commission shall provide for a course of
instruction, approved by the director, in the safe and
ethical utilization of firearms and traps or other devices
used for taking furbearers. The commission may cooperate with
any reputable association or organization in presentation of
this course.
(2) The commission may designate any person who the
commission determines to be competent to give instruction in
the handling of firearms, traps or other devices to act as an
instructor. The appointed person shall give the course of
instruction and shall issue to each person who successfully
completes the course of instruction a certificate of training
in the handling of firearms, traps or other devices. No
charge shall be made for the course of instruction, except
[for materials or ammunition consumed] as may be provided by
this title or by regulations promulgated under this title.
(3) The commission shall furnish information on the
requirements of the furtaker's education program which shall
be distributed, free of charge, to applicants for furtaker
licenses by the persons appointed and authorized to issue the
licenses.
(4) The provisions of this section shall not apply to
those persons under 12 years of age who trap furbearers under
the direct supervision of an adult licensed furtaker 18 years
of age or older.
* * *
§ 2705. Classes of licenses.
Unless otherwise provided, any person wishing to exercise any
of the privileges granted by this title shall first secure the
applicable resident or nonresident hunting or furtaker license
as follows:
(1) Adult resident hunting licenses to residents who
have reached their 17th birthday but have not reached their
65th birthday.
(2) Junior resident hunting licenses to residents who
have reached or will reach their 12th birthday in the
[calendar] license year of application for a license but who
have not reached their 17th birthday prior to the date of the
application for the license and who present a written
request, bearing the signature of a parent or guardian, for
the issuance of a license. The actual hunting privileges
granted to the holder of a junior license shall not be
exercised until that person in fact is 12 years of age.
(3) Senior resident hunting licenses or, at the option
of the applicant, a senior lifetime resident hunting license
to residents who have reached or will reach their 65th
birthday in the license year of the application for the
license. The commission shall develop, implement and
administer a system to provide tags, report cards and
applications to those residents who hold a senior lifetime
resident hunting license issued under this paragraph. The
system shall require the applicant or license holder to pay
any approved fee assessed by the issuing agent.
(4) Adult resident furtaker licenses to residents who
have reached their 17th birthday but have not reached their
65th birthday.
(5) Junior resident furtaker licenses to residents who
have reached or will reach their 12th birthday in the
[calendar] license year of application for a license but who
have not reached their 17th birthday prior to the date of the
application for the license and who present a written
request, containing the signature of a parent or guardian,
for the issuance of a license. The actual furtaking
privileges granted to the holder of a junior license shall
not be exercised until that person in fact is 12 years of
age.
(6) Senior resident furtaker licenses or, at the option
of the applicant, a senior lifetime resident furtaker license
to residents who have reached or will reach their 65th
birthday in the license year of the application for the
license.
(7) Senior lifetime resident combination hunting and
furtaking license, including archery and muzzleloader
privileges, to residents who have reached or will reach their
65th birthday in the license year of the application for the
license. The commission shall develop, implement and
administer a system to provide tags, report cards and
applications to those residents who hold a senior lifetime
resident hunting license issued under this paragraph. The
system shall require the applicant or license holder to pay
any approved fee assessed by the issuing agent.
(7.1) Junior resident combination hunting and furtaker
license, including archery and muzzleloader privileges, to
residents who have reached or will reach their 12th birthday
in the [calendar] license year of application for a license
but who have not reached their 17th birthday prior to the
date of the application for the license and who present a
written request, containing the signature of a parent or
guardian, for the issuance of a license. The actual
privileges granted to the holder of a junior resident
combination license shall not be exercised until that person
in fact is 12 years of age.
(8) Adult nonresident hunting licenses to all
nonresidents of 17 years of age or older.
(9) Junior nonresident hunting licenses to all
nonresidents who have reached or will reach their 12th
birthday in the [calendar] license year of application for a
license but who have not reached their 17th birthday prior to
the date of the application for the license and who present a
written request, bearing the signature of a parent or
guardian, for the issuance of a license. The actual hunting
privileges granted to the holder of a junior license shall
not be exercised until that person in fact is 12 years of
age.
(10) Adult nonresident furtaker licenses to nonresidents
of 17 years of age or older.
(11) Junior nonresident furtaker licenses to
nonresidents who have reached or will reach their 12th
birthday in the [calendar] license year of application for a
license but who have not reached their 17th birthday prior to
the date of the application for the license and who present a
written request, containing the signature of a parent or
guardian, for the issuance of a license. The actual furtaking
privileges granted to the holder of a junior license shall
not be exercised until that person in fact is 12 years of
age.
(11.1) Junior nonresident combination hunting and
furtaker license, including archery and muzzleloader
privileges, to nonresidents who have reached or will reach
their 12th birthday in the [calendar] license year of
application for a license but who have not reached their 17th
birthday prior to the date of the application for the license
and who present a written request, containing the signature
of a parent or guardian, for the issuance of a license. The
actual privileges granted to the holder of a junior
nonresident combination license shall not be exercised until
that person in fact is 12 years of age.
(12) Seven-day nonresident small game license to persons
eligible to procure a nonresident hunting license. The
license shall be valid for a period of seven consecutive
days. The holder of the license shall be entitled to hunt
for, take or kill crows and small game.
(13) Antlerless deer licenses, bear licenses, archery
licenses, muzzleloader licenses and any other license
required to insure just and proper administration of this
title and sound game or wildlife conservation to eligible
persons, subject to the regulations, requirements and
conditions which the commission shall establish. Any such
license shall be made available to residents serving on
active duty in the armed forces of the United States or in
the United States Coast Guard without regard to quota
limitations or application deadlines.
(14) Migratory game bird licenses for hunting all
migratory game birds to eligible persons, subject to the
regulations, requirements and conditions which the commission
shall establish. Any such license shall be made available to
residents serving on active duty in the armed forces of the
United States or in the United States Coast Guard without
regard to quota limitations or application deadlines.
(15) Elk hunting license to persons eligible for classes
of licenses in paragraphs (1), (2), (3), (7), (7.1), (8), (9)
and (11.1). Notwithstanding any other provisions of this
title or the regulations promulgated thereunder, elk licenses
under this paragraph shall not be subject to the provisions
of sections 2706 (relating to resident license and fee
exemptions) and 2706.1 (relating to complimentary nonresident
licenses). To ensure sound management of Pennsylvania's wild
elk population, the commission may promulgate regulations to
establish a limited number of licenses. The commission may
establish a nonrefundable application fee at a cost of $10.
Section 2. Title 34 is amended by adding a section to read:
§ 2706.2. Application limitation.
Whenever the commission makes a determination to authorize a
hunting season for the taking of elk, no person may submit more
than one application for an elk hunting license in any license
year.
Section 3. Section 2708 of Title 34 is amended to read:
§ 2708. Application requirements.
(a) General rule.--Applicants for any class of license shall
be required to [complete and affix their signature to] submit a
legible application[, indicating] or to provide such information
as may be required by the director, including the class of
license desired, [either printed or typed, on forms supplied by
the commission and containing such information] in such form as
may be required by the director. The submission of an
application or the transmission of required information to the
commission and the signature of the [applicant] licensee on the
license shall certify the correctness of all information
[required on the application].
(b) Electronic filing.--On electronically filed license
applications and affidavits, signature requirements shall be
deemed met upon conferral of the applicant's valid credit or
debit card number and expiration date. On electronically filed
junior license applications and affidavits, signature
requirements shall be deemed met upon conferral of the parent or
guardian's valid credit or debit card number and expiration
date.
(c) Additional policies.--The director, with approval of the
commission, may establish additional policies and procedures as
necessary for accepting and processing electronically filed
license applications and affidavits.
Section 4. Section 2709(a) of Title 34 is amended by adding
a paragraph to read:
§ 2709. License costs and fees.
(a) License costs.--Any person who qualifies under the
provisions of this chapter shall be issued the applicable
license upon payment of the following costs and the issuing
agent's fee:
* * *
(21) Elk hunting license:
(i) Resident - $25.
(ii) Nonresident - $250.
* * *
Section 5. Section 2902 of Title 34 is amended by adding a
subsection to read:
§ 2902. General categories of permits.
* * *
(d) Deer control permits in cities of the first class.--
(1) The director shall issue a permit to control deer
within 30 days of receipt of an application by a city of the
first class or by any department, agency, board or commission
of a city of the first class. The commission may promulgate
regulations to control the activities which may be performed
under authority of the permit issued under this subsection.
(2) A permit for controlling deer issued to a city of
the first class or to any department, agency, board or
commission of a city of the first class shall not be limited
by or subject to any requirement that includes public hunting
or controlled hunting by licensed hunters.
(3) Activity to control deer or other game or wildlife
conducted by a city of the first class or any department,
agency, board or commission of a city of the first class
shall not be construed to constitute "hunting" or "take" as
defined in section 102 (relating to definitions).
(4) A city of the first class or any department, agency,
board or commission of a city of the first class that is
issued a permit to control deer may conduct deer control
activity at any time or times during the term of the permit
regardless of season.
(5) It is unlawful for any person to interfere with or
disrupt any activities conducted by a city of the first class
or any department, agency, board or commission of a city of
the first class under a permit issued under this section. A
violation of this subsection is a summary offense of the
second degree. This subsection shall not be construed to
prohibit a city of the first class from enforcing local
statutes or from seeking damages suffered by such city as a
result of such interference or disruption.
Section 6. Section 2923(c) of Title 34 is amended to read:
§ 2923. Disabled person permits.
* * *
(c) Bow and arrow or crossbow.--A permit shall be issued to
any person who presents a doctor's certificate showing that the
person is, because of a permanent or temporary physical
condition, unable to hunt with a conventional bow and arrow,
authorizing that person to hunt by the use of:
(1) A bow and arrow which is held in place by a brace
secured around the body of the hunter or is triggered with
the aid of a mechanical device.
(2) A crossbow subject to the following restrictions:
(i) When hunting deer, bear or turkey, the crossbow
must have a draw weight of not less than 125 pounds nor
more than 200 pounds.
(ii) The arrows for the crossbow must be tipped with
broadheads of a cutting edge design.
Any permit issued under this subsection shall be valid only for
the license year for which the permit is issued. The permittee
shall carry the permit upon his person at all times while
hunting. To the extent that it authorizes the issuance of
permits based upon temporary disability, this subsection shall
expire on June 30, 2003, unless legislation is enacted
reauthorizing it.
* * *
Section 7. The amendment or addition of 34 Pa.C.S. §§
2705(15), 2706.2 and 2709(a)(21) shall apply to the license
years beginning on or after July 1, 2001.
Section 8. This act shall take effect as follows:
(1) The amendment or addition of 34 Pa.C.S. §§ 730,
2308, 2705(15), 2706.2, 2708 and 2709(a)(21) shall take
effect in 60 days.
(2) The amendment of 34 Pa.C.S. §§ 929(a) and (a.1),
2522(f) and 2704(d) shall take effect July 1, 2001.
(3) The remainder of this act shall take effect
immediately.
APPROVED--The 20th day of December, A. D. 2000.
THOMAS J. RIDGE
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.