PRINTER'S NO. 1213

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1090 Session of 1981


        INTRODUCED BY LETTERMAN, WARGO, GRUITZA AND W. W. FOSTER,
           APRIL 1, 1981

        REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 1, 1981

                                     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 prohibiting the sale by
     5     any person of any license for a fee in excess of the fee
     6     established by law; providing penalties for violations of
     7     license fee requirements; authorizing three-day licenses to
     8     residents of the Commonwealth to hunt on regulated shooting
     9     grounds; increasing the issuing agent's fee for issuing such
    10     licenses; further providing for the designation of issuing
    11     agents; further providing for the issuance of antlerless deer
    12     licenses to disabled veterans and making certain editorial
    13     changes.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 302, act of June 3, 1937 (P.L.1225,
    17  No.316), known as "The Game Law," amended October 21, 1975
    18  (P.L.431, No.122), is amended to read:
    19     Section 302.  Resident License Fees.--Each such resident as
    20  defined in sections 101 and 301, upon application made, in
    21  writing, to an agent authorized to issue such licenses within
    22  the Commonwealth, and upon presentation of proof by the
    23  applicant that he or she is a resident of this Commonwealth as

     1  previously defined in this act by producing a current
     2  Pennsylvania motor vehicle registration card, or tax receipts
     3  evidencing payment of State income tax, earned income tax or
     4  other local taxes pursuant to the act of December 31, 1965
     5  (P.L.1257, No.511), known as "The Local Tax Enabling Act," or
     6  some other positive means of verifying residency, and the
     7  establishment of his or her identity to the satisfaction of the
     8  authority issuing the license, unless any such person has been
     9  disqualified for a license in the manner hereinafter specified,
    10  and the payment to said agent or the commission of eight dollars
    11  and twenty-five cents ($8.25) except as hereinafter provided for
    12  certain minors and older persons, shall be entitled to a
    13  resident hunter's license and a tag with the number of the
    14  license thereon, which shall entitle the holder to hunt or trap
    15  for all wild birds and wild animals which may legally be hunted
    16  or trapped in this Commonwealth. Residents with the above
    17  qualifications, who are between the ages of twelve and sixteen
    18  inclusive or who are sixty-five years of age or more at the time
    19  of application, shall be entitled to a resident hunter's license
    20  and tag upon payment to said agent or the commission of, in the
    21  case of persons sixty-five years of age or more, five dollars
    22  and twenty-five cents ($5.25) and, in the case of persons
    23  between the ages of twelve and sixteen, five dollars and twenty-
    24  five cents ($5.25). The application for the issuance of a
    25  license in such cases shall, in addition to the other
    26  information required, give the date of birth of the applicant.
    27     Any resident disabled veteran of any war whose disability
    28  consists of the loss of one or more limbs or the loss of the use
    29  of one or more limbs, or who presents a physician's certificate
    30  of total or one hundred per cent disability, and who meets the
    19810H1090B1213                  - 2 -

     1  above qualifications shall be issued such license upon
     2  application to any county treasurer without the payment of the
     3  above license fee provided for the use of the Commonwealth. The
     4  application for the issuance of a license in such case shall in
     5  addition to the other information required, contain a statement
     6  that the applicant is a war veteran and that his disability was
     7  service incurred. The county treasurer may likewise require of
     8  such applicant the production of such applicant's discharge
     9  papers.
    10     It shall be unlawful for any person to sell or attempt to
    11  sell any resident hunting license for a monetary fee in excess
    12  of the fees fixed pursuant to the provisions of this section.
    13  The sale or attempted sale of each license shall constitute a
    14  separate offense.
    15     Section 2.  Section 303 of the act, amended October 4, 1978
    16  (P.L.1004, No.213), is amended to read:
    17     Section 303.  Nonresident Hunting License Fees.--Every
    18  nonresident of this Commonwealth, upon application made, in
    19  writing, to any agent authorized to issue such licenses, or to
    20  the commission, unless any such person has been disqualified for
    21  a license in the manner hereinafter specified, or is a resident
    22  of a state which does not issue like licenses to residents of
    23  this Commonwealth, and upon payment to said agent or commission
    24  of fifty dollars and fifty cents ($50.50) for the license year
    25  beginning in 1979 and sixty dollars and fifty cents ($60.50) for
    26  the license year beginning in 1980 and each year thereafter
    27  shall be entitled to the license herein designated as a
    28  Nonresident Hunter's License and a tag with the number of the
    29  license thereon, which shall entitle the holder to hunt for all
    30  wild birds and wild animals which may legally be hunted in this
    19810H1090B1213                  - 3 -

     1  Commonwealth, until the close of the license year. Other
     2  licenses valid for use by nonresidents shall be as follows:
     3     Nonresident trapper's license which shall be issued only upon
     4  application to the Commission in Harrisburg and which shall be
     5  effective for the same period as hunters' licenses shall entitle
     6  the holder to take through the use of traps or deadfalls only
     7  wild birds and wild animals which may legally be trapped in this
     8  Commonwealth, except beavers, three hundred fifty dollars
     9  ($350). Nothing in this clause shall be construed to prohibit
    10  the holder of a nonresident trapper's license from using a
    11  sidearm or a rifle not larger than a .22 rimfire caliber to kill
    12  legally caught birds and animals.
    13     It shall be unlawful for any person to sell or attempt to
    14  sell any nonresident hunting license for a monetary fee in
    15  excess of the fees fixed pursuant to the provisions of this
    16  section. The sale or attempted sale of each license shall
    17  constitute a separate offense.
    18     Section 3.  Section 303.1 of the act, amended December 10,
    19  1970 (P.L.896, No.282) and December 6, 1972 (P.L.1453, No.327),
    20  is amended to read:
    21     Section 303.1.  Three-Day Licenses to [Nonresidents to] Hunt
    22  on Regulated Shooting Grounds.--[Every person,] Residents and
    23  nonresidents of the Commonwealth twelve (12) years of age or
    24  upward, upon application in writing to the authorized agent, in
    25  such form as the commission may prescribe, and [the presentation
    26  of proof that he or she is a nonresident of the Commonwealth or
    27  an unnaturalized person of foreign birth who presents proof of
    28  legal entry into the United States, shall,] upon [the] payment
    29  to the issuing agent of three dollars ($3.00), for the use of
    30  the commission, and [fifteen cents ($.15),] twenty-five cents
    19810H1090B1213                  - 4 -

     1  ($.25), for the use of the county if the issuing agent is the
     2  county treasurer, otherwise for the use of the issuing agent,
     3  shall be entitled to the license, herein referred to as a
     4  "Three-Day Special Regulated Shooting Ground License," which
     5  shall be valid for a period of three (3) consecutive days,
     6  Sundays excluded [,and] . Such license shall entitle the holder
     7  thereof to hunt for, take or kill, on lawfully operated
     8  regulated shooting grounds, [all wild birds and wild animals
     9  which may be legally hunted, taken or killed in this
    10  Commonwealth on such grounds, and to participate in a shoot held
    11  thereon, under a regulated shooting grounds permit.] only those
    12  species of birds which the regulated shooting grounds permittee
    13  has released thereon which shall be limited to pheasants,
    14  bobwhite quail of the subspecies approved by the commission,
    15  chukar partridges, and domestically propagated mallard ducks.
    16     A tag or button, in such size and form as the commission may
    17  determine, shall be issued with each license, which tag or
    18  button the licensee is required to wear in plain view on an
    19  outer garment at all times while using it, in such a manner that
    20  the tag or button and the numerals thereon is plainly visible.
    21  The holder of such license shall be subject to the restrictions
    22  and requirements of all laws and regulations of the commission,
    23  now in force or hereafter adopted, and to the penalties
    24  prescribed for violation thereof.
    25     Upon filing an appropriate bond, with corporate surety, in
    26  the sum of one thousand dollars ($1000), approved by the
    27  [Department of Justice] Office of Attorney General, the
    28  permittees of regulated shooting grounds, or an officer of a
    29  corporate permittee, who, for that purpose, are hereby made
    30  agents of the commission, shall be authorized to issue Three-Day
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     1  [Nonresident and Alien] Special Regulated Shooting Ground
     2  Licenses as hereinbefore described.
     3     Each issuing agent shall keep a record and make monthly
     4  reports and remittances in the form and manner and at the time
     5  prescribed by sections three hundred ten and three hundred
     6  eleven of The Game Law.
     7     [Nothing herein contained shall prevent holders of
     8  nonresident and alien hunting licenses from hunting on regulated
     9  shooting grounds by requiring them to obtain an additional
    10  license as prescribed above.]
    11     It shall be unlawful for any person to sell or attempt to
    12  sell any Special Regulated Shooting Ground License for a
    13  monetary fee in excess of the fees fixed pursuant to the
    14  provisions of this section. The sale or attempted sale of each
    15  license shall constitute a separate offense.
    16     Any person who is properly licensed to hunt within this
    17  Commonwealth in accordance with the provisions of section 302 or
    18  303 of this act whichever the case may be, shall be excluded
    19  from the necessity of obtaining a Three-Day Special Regulated
    20  Shooting Ground License.
    21     Section 4.  Section 305 of the act, amended December 10, 1970
    22  (P.L.896, No.282), is amended to read:
    23     Section 305.  License Issuance Supervision.--The issuance of
    24  all hunting licenses shall be under the direct supervision of
    25  the commission, which shall designate the several county
    26  treasurers and such other issuing agents throughout the
    27  Commonwealth or otherwise as it may find essential to control
    28  the lawful issuance thereof. The commission shall, upon
    29  application, designate as issuing agent any retail establishment
    30  whose sales of hunting equipment and accessories, and fishing
    19810H1090B1213                  - 6 -

     1  equipment and accessories comprise one-half or more of gross
     2  sales and shall continue to designate as issuing agents those
     3  persons who have sold licenses for ten (10) years or more and
     4  have issued not less than one hundred fifty licenses each year.
     5  The commission may recall the appointment of any county
     6  treasurer or other agent at any time, with [or without] cause,
     7  and shall recall the appointment of any county treasurer or
     8  other agent either upon receipt of evidence that such county
     9  treasurer or other agent has not complied with the requirements
    10  of this act, or has been careless or negligent in the issuance
    11  of licenses.
    12     It is unlawful for any issuing agent, or any of his employes
    13  or representatives, or the commission or its employes, to issue
    14  any license to hunt to any applicant, or for any justice of the
    15  peace, magistrate, notary public, or other agent authorized to
    16  receive applications, to accept an application for such a
    17  license from any applicant, who has not established satisfactory
    18  identification as hereinbefore required, or to any person
    19  physically or mentally unfitted to carry or use firearms, or who
    20  has been denied the right to secure a license in any manner
    21  hereinafter specified by revocation.
    22     Section 5.  Section 321 of the act, amended April 14, 1976
    23  (P.L.104, No.45), is amended to read:
    24     Section 321.  Penalties.--Any nonresident of this
    25  Commonwealth who shall hunt, chase, trap, take, shoot at, wound,
    26  or kill, or attempt to hunt, chase, trap, take, shoot at, wound,
    27  kill, or have in possession any wild birds or animals, without a
    28  nonresident hunting or trapping license having been lawfully
    29  issued to him, shall be sentenced to pay a fine of one hundred
    30  dollars ($100) and costs of prosecution for each offense, and
    19810H1090B1213                  - 7 -

     1  each day shall be considered a separate offense.
     2     Any person who shall fail to sign his license certificate as
     3  hereinbefore provided shall be sentenced to pay a fine of two
     4  dollars ($2) and costs of prosecution.
     5     Any person, properly licensed, who shall fail to display his
     6  license tag as hereinbefore provided, shall be sentenced to pay
     7  a fine of five dollars ($5) and costs of prosecution, provided
     8  it is shown the person has purchased a license; otherwise, if a
     9  resident of Pennsylvania, a penalty of twenty dollars ($20) and
    10  costs of prosecution shall be imposed, and if a nonresident, a
    11  penalty of one hundred dollars ($100) and costs of prosecution
    12  shall be imposed.
    13     Any person who violates any of the provisions of this article
    14  except as above provided, shall, upon conviction, be sentenced
    15  to pay a fine of twenty dollars ($20) and costs of prosecution
    16  of each offense: Provided, That an additional fine of twenty
    17  dollars ($20) and costs of prosecution shall be imposed when any
    18  person is convicted of:
    19     (a)  Hunting or trapping anywhere during any period of time
    20  that such right has been denied him by the commission, or by
    21  this act, and each day shall be considered a separate offense;
    22     (b)  Securing a hunter's license either in his own or an
    23  assumed name during any period of time that he has been denied
    24  such privilege by the commission;
    25     (c)  Hunting or trapping anywhere during any period of time
    26  that such right has been denied him by the commission or any
    27  court of record because of inflicting bodily injury upon himself
    28  or any other person while hunting or trapping, shall, upon
    29  conviction, in addition to the penalties provided, be sentenced
    30  to suffer imprisonment for a period of thirty (30) days.
    19810H1090B1213                  - 8 -

     1     Upon failure of any person convicted of a first offense to
     2  immediately pay the fine imposed and costs of prosecution, he
     3  shall be imprisoned one day for each dollar of fine imposed and
     4  costs of prosecution.
     5     Any person convicted of a second or subsequent offense shall
     6  be liable to the fines above provided and costs of prosecution,
     7  and in addition thereto shall, in the discretion of the court,
     8  suffer imprisonment one day for each dollar of fine imposed.
     9     Any person who sells or attempts to sell a hunting license of
    10  any description for a monetary fee in excess of the fees fixed
    11  pursuant to the provisions of this article shall, upon
    12  conviction thereof, be sentenced to pay a fine of twenty dollars
    13  ($20) for each sale or attempted sale and the costs of
    14  prosecution.
    15     Section 6.  Subsections (c), (e) and (f) of section 501 of
    16  the act, subsection (c) amended December 10, 1970 (P.L.896,
    17  No.282) and June 27, 1973 (P.L.83, No.36), subsection (e)
    18  amended December 10, 1970 (P.L.896, No.282), December 6, 1972
    19  (P.L.1453, No.327) and October 3, 1973 (P.L.272, No.76), and
    20  subsection (f) added May 31, 1974 (P.L.305, No.97), are amended
    21  to read:
    22     Section 501.  Open Seasons.--* * *
    23     (c)  Resident, Nonresident, and Alien Hunters' Licenses and
    24  Tags for Antlerless Deer.--If in any year the commission, by
    25  resolution, declares an open season for antlerless deer, it
    26  shall issue resident, nonresident and alien hunters' licenses
    27  and tags for antlerless deer to hunt for or kill such deer, at a
    28  fee of [two dollars thirty-five cents for the hunting license
    29  year beginning September 1, 1973 and] three dollars thirty-five
    30  cents [for the hunting license years beginning September 1, 1974
    19810H1090B1213                  - 9 -

     1  and thereafter] under such rules and regulations governing the
     2  issuance of such licenses and tags as it may deem necessary to
     3  limit the number of persons who may hunt for such deer in any
     4  county of the Commonwealth, provided public notice of such
     5  action is given as hereinafter required: And provided, however,
     6  That no applications, for antlerless deer licenses received from
     7  nonresidents and aliens shall be approved or licenses issued in
     8  advance of thirty days prior to the opening date of such
     9  antlerless deer season. Such licenses and tags shall be issued
    10  without restriction or regard to the county residence of the
    11  Pennsylvania applicant and may be issued only to holders of
    12  resident, nonresident, or alien hunting licenses, and such
    13  licenses and tags shall not be transferable from one person to
    14  another nor shall they be refunded or reissued to anyone.
    15  Notwithstanding the provisions of any regulation limiting the
    16  number of licenses and tags the commission shall issue resident
    17  hunters' licenses and tags for antlerless deer without effecting
    18  any quota established by the commission for a particular county:
    19  (1) to members of Armed Forces who are residents of Pennsylvania
    20  and who are on full time active duty[, or]; (2) to residents who
    21  were honorably discharged from the Armed Forces within sixty
    22  days of the date of the application upon substantial proof of
    23  their military status; and (3) to disabled veterans as defined
    24  in section 302 upon submission of the information required by
    25  section 302.
    26     Resident, nonresident, and alien hunters' licenses and tags
    27  for antlerless deer shall be issued only by the county
    28  treasurers in counties where such deer may be hunted and killed,
    29  who, for that purpose, are hereby made agents of the commission.
    30     For services rendered in collecting and paying over fees and
    19810H1090B1213                 - 10 -

     1  issuing licenses and tags, by mail or otherwise, such agents may
     2  retain the sum of thirty-five cents from the amount paid by each
     3  licensee, which amount shall be paid into the county treasury,
     4  except that such agents other than the county treasurer may
     5  retain therefrom any amounts necessary to reimburse them for any
     6  expenses, including compensation of employes, incurred in
     7  collecting such fees and issuing such licenses and tags.
     8     It shall be unlawful for any person to sell or attempt to
     9  sell any antlerless deer hunting license for a monetary fee in
    10  excess of the fees fixed pursuant to this subsection. The sale
    11  or attempted sale of each license shall constitute a separate
    12  offense.
    13     When such licenses are issued to restrict the number of
    14  persons who may hunt antlerless deer in any county of the
    15  Commonwealth, any citizen of the United States residing within
    16  the Commonwealth who is a bona fide owner or lessee of lands
    17  which lie within the county declared open to the hunting of said
    18  deer, or any member of the family or household, or regularly
    19  hired help of such owner or lessee, if such person is a citizen
    20  of the United States, actually residing upon and cultivating
    21  such lands, is hereby declared eligible to hunt antlerless deer
    22  without a resident hunters' license for antlerless deer upon
    23  said property, and, by and with the consent of the owner
    24  thereof, upon the lands immediately adjacent and connected with
    25  his own lands, other than lands owned by or under the control of
    26  the Commonwealth.
    27     The terms "antlerless deer" and "deer without visible
    28  antlers," as used in this subsection or any other provision of
    29  the Game Law which this act amends, are hereby defined to mean a
    30  deer without an antler sometimes called horn, or a deer without
    19810H1090B1213                 - 11 -

     1  antlers both of which are less than three inches long, the term
     2  "antler," as herein used or in any other provision of the Game
     3  Law which this act amends, meaning the bony growth on the head
     4  of a deer regardless of its size or development.
     5     When the commission adopts and promulgates such rules and
     6  regulations relative to resident and nonresident hunters'
     7  licenses and tags for antlerless deer, it is unlawful for any
     8  person other than a landowner or lessee of the county or a
     9  member of his household, as hereinbefore enumerated, to hunt for
    10  antlerless deer without a resident or nonresident hunters'
    11  license and tag for antlerless deer, or to take such deer
    12  contrary to the rules and regulations adopted by the commission.
    13     The tag issued with an antlerless deer license shall be
    14  displayed on the outer garment immediately below the regular
    15  resident or nonresident hunting license tag. Any person who
    16  fails to display the tag herein provided shall, upon conviction,
    17  be sentenced to pay a fine of ten dollars ($10) and costs of
    18  prosecution, provided it shall be determined the person has
    19  purchased a license; otherwise, a penalty of twenty dollars
    20  ($20) and costs of prosecution shall be imposed.
    21     * * *
    22     (e)  Open Season for Hunting Deer with Bows and Arrows.--In
    23  each year in which there is an open season for hunting deer
    24  there shall, in addition, be an open season for hunting deer
    25  with bows and arrows exclusively, unless otherwise declared by
    26  resolution of the commission and the provisions of subsection
    27  (c) of this section shall not apply thereto. The duration and
    28  time of such additional open season, together with the
    29  description of the deer which may be lawfully killed, shall each
    30  year be fixed by the commission. During any such additional open
    19810H1090B1213                 - 12 -

     1  season, it shall be unlawful to hunt for, kill or attempt to
     2  kill, any deer, without a license as hereinafter prescribed, or
     3  with any weapon other than a bow and arrow.
     4     No person shall hunt for or kill any deer during such
     5  additional open archery season with bow and arrow without first
     6  having secured a hunting license and, in addition thereto, an
     7  archery license from the commission or any agent designated as
     8  an issuing agent of the commission, the fee for which is hereby
     9  fixed at two dollars. Such license shall be attached to the
    10  hunters' license certificate for the current year and shall be
    11  countersigned in ink diagonally across its face by the licensee
    12  before hunting in the open season herein provided for.
    13     The county treasurer of each county and each other person
    14  designated the agent for the commission for the issuance of
    15  archery licenses may retain for the use of the county if the
    16  issuing agent is the county treasurer, otherwise to the agent
    17  for such service the sum of twenty cents paid by the applicant
    18  in addition to the license fee prescribed. The provisions of
    19  this act with respect to the issuance of licenses, collections
    20  of fees and records shall apply to the issuance of archery
    21  licenses.
    22     It shall be unlawful for any person to sell or attempt to
    23  sell any archery hunting license for a monetary fee in excess of
    24  the fee fixed pursuant to this subsection. The sale or attempted
    25  sale of each such license shall constitute a separate offense.
    26     (f)  Muzzleloading Firearms Deer Season.--The commission may,
    27  by resolution, declare an open season for hunting deer with
    28  muzzleloading firearms during any hunting license year which
    29  shall hereinafter be known and referred to as Muzzleloading
    30  Firearms Deer Season.
    19810H1090B1213                 - 13 -

     1     In any year in which a Muzzleloading Firearms Deer Season
     2  shall be declared as hereinbefore provided, the Muzzleloading
     3  Firearms Deer Season shall not be established prior to the close
     4  of the regular rifle deer seasons for the then current hunting
     5  license year. The commission shall, notwithstanding any other
     6  provisions of this act, adopt rules and regulations governing
     7  the hunting and killing of deer during such Muzzleloading
     8  Firearms Deer Season which shall include but not be limited to,
     9  the duration and time of such deer season, the description of
    10  the deer which may lawfully be killed, the type of muzzleloading
    11  firearms which may lawfully be used to hunt for and kill deer
    12  during such season, the area or areas within the Commonwealth
    13  where deer may lawfully be hunted and killed, and any other
    14  rules and regulations deemed necessary to properly regulate,
    15  manage, and control the hunting and killing of deer during such
    16  season. For the purposes of this section, a muzzleloading
    17  firearm shall not be less than .44 calibre and shall not be
    18  equipped with a telescope.
    19     It shall be unlawful for any person to hunt for, take, kill
    20  or wound, or attempt to take, or kill, or for any person to aid
    21  or assist in any manner to hunt for, take, kill or wound deer
    22  during such Muzzleloading Firearms Deer Season without first
    23  having legally obtained a resident, nonresident or alien
    24  hunter's license as defined in sections 302 and 303 of this act
    25  and, in addition thereto, a Muzzleloading Firearms Deer Season
    26  license which may be obtained from the commission or any agent
    27  designated by the commission to issue such licenses, the fee for
    28  which is hereby fixed at three dollars twenty-five cents
    29  ($3.25). Such license shall be in such form as the commission
    30  shall prescribe and shall be valid from the first day of
    19810H1090B1213                 - 14 -

     1  September of one year to the thirty-first day of August of the
     2  year next following. The lawful holder of such license shall
     3  sign his full name in ink diagonally across its face before
     4  hunting deer in the open season herein provided for and shall
     5  carry such license upon his person at all times while hunting
     6  during such season.
     7     Any agent designated by the commission to issue Muzzleloading
     8  Firearms Deer Season licenses may retain the sum of twenty-five
     9  cents ($.25) of the hereinbefore prescribed license fee for each
    10  such license issued as payment for services rendered. The
    11  several provisions of this act governing the issuance of hunting
    12  licenses by issuing agents with respect to keeping records,
    13  filing reports, and collecting and remitting license fees shall
    14  apply in like manner, force and effect to agents designated by
    15  the commission to issue Muzzleloading Firearms Deer Season
    16  licenses.
    17     It shall be unlawful for any person to sell or attempt to
    18  sell any Muzzleloading Firearms Deer Season license for a
    19  monetary fee in excess of the fees fixed pursuant to this
    20  subsection. The sale or attempted sale of each license shall
    21  constitute a separate offense.
    22     It shall be unlawful for any person to hunt for, take, kill
    23  or wound or attempt to take, kill or wound, or to aid or assist
    24  any person in any manner to hunt for, take, kill or wound deer
    25  during such Muzzleloading Firearms Deer Season contrary to the
    26  provisions of this section or rules and regulations adopted by
    27  the commission as hereinbefore provided.
    28     Any person who shall violate any of the provisions of this
    29  section or any rules and regulations adopted by the commission
    30  pursuant thereto, shall, upon conviction, be sentenced to pay
    19810H1090B1213                 - 15 -

     1  the penalties prescribed in section 506 of this act.
     2     Section 7.  Section 506 of the act, amended May 31, 1974
     3  (P.L.305, No.97) and October 17, 1974 (P.L.743, No.250), is
     4  amended to read:
     5     Section 506.  Penalties.--Any person violating any of the
     6  provisions of this article shall, upon conviction, be sentenced
     7  to pay the following fines and costs of prosecution for each
     8  offense:
     9     For taking, killing, wounding, possessing, or transporting
    10  from one locality to another within this State, or for
    11  attempting to take, kill, or wound, contrary to this article, or
    12  any rules and regulations relative to the taking of game, fur-
    13  bearing animals, nongame birds, or any other wild birds or wild
    14  animals adopted by the commission:
    15     (a)  Each elk, four hundred dollars ($400), and in the
    16  discretion of the court, six months imprisonment;
    17     (b)  Each deer, two hundred dollars ($200);
    18     (c)  Each bear, four hundred dollars ($400);
    19     (d)  Each wild turkey fifty dollars ($50); and each ruffed
    20  grouse, ringneck pheasant, quail, partridge, or woodcock, swan,
    21  wild goose, brant or wild duck, twenty-five dollars ($25);
    22     (e)  Each raccoon, twenty-five dollars ($25);
    23     (f)  Each bobcat or wildcat, fifty dollars ($50);
    24     (g)  For each other bird or animal, ten dollars ($10).
    25     (h)  Failure of lawful holder of Muzzleloading Firearms Deer
    26  Season license to sign his full name in ink diagonally across
    27  its face, two dollars ($2).
    28     (i)  Failure to carry the required Muzzleloading Firearms
    29  Deer Season license on his person while hunting for deer during
    30  such season, ten dollars ($10).
    19810H1090B1213                 - 16 -

     1     (j)  Hunting for deer during the Muzzleloading Firearms Deer
     2  Season, or for aiding or assisting any person in any manner to
     3  hunt for deer during such season without first having obtained
     4  the required license, or for using a license belonging to
     5  another person, twenty dollars ($20).
     6     (k)  For the sale or attempted sale of any antlerless deer
     7  hunting license, any archery hunting license, or any
     8  Muzzleloading Firearms Deer Season license for a monetary fee in
     9  excess of the fees prescribed by this article, the sum of twenty
    10  dollars ($20) for each sale or attempted sale and the costs of
    11  prosecution.
    12     For violating any of the provisions of this article not above
    13  specifically provided for, or for violating any of the rules and
    14  regulations of the commission adopted under the provisions of
    15  this article, twenty-five dollars ($25) and costs of prosecution
    16  for each offense.
    17     Upon failure of any person convicted of a first offense to
    18  immediately pay the fine imposed and costs of prosecution, he
    19  shall be imprisoned one day for each dollar of fine imposed and
    20  costs of prosecution.
    21     Any person convicted of a second or subsequent offense shall
    22  be liable to the fines above provided and costs of prosecution,
    23  and in addition thereto shall, in the discretion of the court,
    24  suffer imprisonment one day for each dollar of fine imposed.
    25     Section 8.  This act shall take effect immediately.




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