PRIOR PRINTER'S NO. 2892 PRINTER'S NO. 4097
No. 2145 Session of 2003
INTRODUCED BY GOODMAN, STABACK, PHILLIPS, GODSHALL, CAPPELLI,
COY, DeWEESE, FABRIZIO, FEESE, GERGELY, HALUSKA, KELLER,
MELIO, READSHAW, STERN, SURRA, WASHINGTON, YOUNGBLOOD,
YUDICHAK AND ALLEN, NOVEMBER 10, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 16, 2004
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing FOR UNLAWFUL USE OF LIGHTS WHILE <--
3 HUNTING AND for unlawful acts concerning licenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2711 of Title 34 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 SECTION 1. SECTIONS 2310(B) AND (C) AND 2711 OF TITLE 34 OF <--
9 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
10 § 2310. UNLAWFUL USE OF LIGHTS WHILE HUNTING.
11 * * *
12 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
13 APPLY TO:
14 (1) A PERSON ON FOOT [MAY USE AN ARTIFICIAL LIGHT
15 NORMALLY CARRIED ON THE PERSON TO TAKE] WHO IS USING A
16 FLASHLIGHT OR SPOTLIGHT HELD IN THE HAND OR WORN ON THE HEAD
17 IF THE SOLE SOURCE OF POWER FOR THE LIGHT IS CONTAINED IN THE
1 LIGHT OR ON THE PERSON TO TAKE COYOTES, BOBCATS, RACCOONS,
2 SKUNKS, OPOSSUM OR FOXES.
3 (2) ANY POLITICAL SUBDIVISION, ITS EMPLOYEES OR AGENTS,
4 WHICH HAS A VALID DEER CONTROL PERMIT ISSUED UNDER SECTION
5 2902(C) (RELATING TO GENERAL CATEGORIES OF PERMITS).
6 (C) PENALTIES.--A VIOLATION OF THIS SECTION IS A SUMMARY
7 OFFENSE OF THE FIFTH DEGREE. IN ADDITION THERETO, IF ANY PERSON
8 IS HUNTING GAME OR WILDLIFE OR IF ANY ATTEMPT IS MADE TO TAKE
9 ANY GAME OR WILDLIFE [OR IF ANY FIREARM OR IMPLEMENT CAPABLE OF
10 KILLING OR WOUNDING GAME OR WILDLIFE IS POSSESSED], THE PERSON
11 OR PERSONS SHALL BE SENTENCED TO THE ADDITIONAL PENALTIES OF:
12 (1) FOR EACH ENDANGERED OR THREATENED SPECIES, A FINE OF
13 $1,000 AND FORFEITURE OF THE PRIVILEGE TO HUNT OR TAKE GAME
14 OR WILDLIFE ANYWHERE WITHIN THIS COMMONWEALTH FOR A PERIOD OF
15 TEN YEARS.
16 (2) FOR EACH ELK OR BEAR, A FINE OF $800 AND FORFEITURE
17 OF THE PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE ANYWHERE
18 WITHIN THIS COMMONWEALTH FOR A PERIOD OF FIVE YEARS.
19 (3) FOR EACH DEER, A FINE OF $500 AND FORFEITURE OF THE
20 PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE ANYWHERE WITHIN
21 THIS COMMONWEALTH FOR A PERIOD OF THREE YEARS.
22 (4) FOR EACH BOBCAT OR OTTER, A FINE OF $300 AND
23 FORFEITURE OF THE PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE
24 ANYWHERE WITHIN THIS COMMONWEALTH FOR A PERIOD OF THREE
25 YEARS.
26 (5) FOR EACH TURKEY OR BEAVER, A FINE OF $200 AND
27 FORFEITURE OF THE PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE
28 ANYWHERE WITHIN THIS COMMONWEALTH FOR A PERIOD OF TWO YEARS.
29 (6) FOR EACH OTHER BIRD OR ANIMAL, A FINE OF $100 AND
30 FORFEITURE OF THE PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE
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1 ANYWHERE WITHIN THIS COMMONWEALTH FOR A PERIOD OF ONE YEAR.
2 * * *
3 § 2711. Unlawful acts concerning licenses.
4 (a) General rule.--Except as otherwise provided in this
5 title, it is unlawful for any person to:
6 (1) Hunt or take any game or wildlife by any means or
7 manner or device, including the use of dogs, without first
8 securing and personally signing [and displaying] the required
9 license.
10 (2) Procure a license in a name other than the person's
11 legal name, furnish an address other than his legal place of
12 residence and domicile or make any false or misleading
13 statement whatsoever in securing a license.
14 (3) Lend or transfer in any manner whatsoever a license
15 or game or wildlife kill tag to any other person regardless
16 of the purpose.
17 (4) Issue or aid, assist or conspire, either for that
18 person or any other person, in procuring any hunting or
19 furtaking license for which that person is not legally
20 entitled thereto.
21 (5) Possess while hunting or taking game or wildlife or
22 going to or from hunting or taking game or wildlife any
23 report card, license tag, license stamp or game or wildlife
24 kill tag belonging to another.
25 (6) Except as provided under section 2705 (relating to
26 classes of licenses), receive a hunting or furtaking license
27 under any circumstances if under 12 years of age.
28 (7) Receive a hunting or furtaking license without
29 presenting a written request executed by a parent or legally
30 constituted guardian if under 17 years of age.
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1 (8) Use firearms of any kind or a bow and arrow for the
2 purpose of hunting any game or wildlife or attempting to take
3 or kill any game or wildlife by hunting or trapping if under
4 12 years of age or when hunting or trapping any game or
5 wildlife or attempting to hunt or trap any game or wildlife
6 if between 12 and 14 years of age, unless accompanied by a
7 parent or a person 18 years of age or older serving in loco
8 parentis or as guardian or some other family member 18 years
9 of age or older or when hunting if between 14 and 16 years of
10 age, unless accompanied by a person 18 years of age or older.
11 For the purpose of this paragraph "accompany" means close
12 enough that verbal instructions and guidance can be easily
13 understood. The provisions of this paragraph shall not apply
14 to section 2363 (relating to trapping exception for certain
15 persons).
16 [(9) Remove or cause to be removed or permit the removal
17 of any hunting or furtaking license required by this title
18 from the place where the license is required to be displayed
19 for the purpose of concealing the identity of that person or
20 to resort to any other means or manner to conceal the
21 identity of that person.]
22 (10) Hunt or take, or aid, assist or attempt to hunt or
23 take, furbearers or take any game or wildlife anywhere in
24 this Commonwealth, either with or without a license, or make
25 application, receive or attempt or conspire to receive any
26 license required by this chapter, during any period that
27 these privileges have been denied or withdrawn by this title,
28 by the director or by a district justice or court.
29 (11) Conspire to or duplicate, reproduce, alter, forge
30 or counterfeit any permit, license, tag or stamp required by
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1 this title.
2 (12) While exercising any of the privileges granted by
3 any license provided for in this title, refuse or fail to
4 satisfactorily provide positive identification to any
5 landowner upon whose land that person may be occupying or to
6 any officer whose duty it is to enforce this title.
7 (13) Violate any regulations promulgated under the
8 authority of this subchapter.
9 (b) Penalties.--A violation of this subchapter relating to:
10 (1) Hunting by a nonresident without a valid license or
11 licenses required by this title is a summary offense of the
12 fourth degree.
13 (2) Furtaking by a nonresident without a valid furtaking
14 license or licenses required by this title is a summary
15 offense of the second degree.
16 (3) Hunting or furtaking by a resident without a valid
17 license or licenses required by this title is a summary
18 offense of the fifth degree.
19 (4) Subsection (a)(1) insofar as it relates to signing
20 [or displaying] a license is a summary offense of the eighth
21 degree.
22 (5) Subsection (a)(2), (3), (4)[, (5) or (9)] or (5) is
23 a summary offense of the fifth degree.
24 (6) Subsection (a)(6), (7) or (8) is a summary offense
25 of the seventh degree.
26 (7) Subsection (a)(11) is a summary offense of the third
27 degree. In addition to the imposition of any penalty, a
28 convicted violator shall incur a five-year mandatory
29 revocation of the privilege to hunt or trap anywhere in this
30 Commonwealth.
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1 (8) Any of the other provisions of this subchapter or
2 the regulations promulgated thereunder is a summary offense
3 of the fifth degree.
4 (c) Separate offenses.--Each day of violation or each
5 illegal act constitutes a separate offense.
6 SECTION 2. THE AMENDMENT OF 34 PA.C.S. § 2310(B) AND (C) <--
7 SHALL APPLY TO OFFENSES COMMITTED ON OR AFTER THE EFFECTIVE DATE
8 OF THIS SECTION.
9 Section 2 3. This act shall take effect in 60 days. <--
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