HOUSE AMENDED
PRIOR PRINTER'S NOS. 690, 1808, 1914, PRINTER'S NO. 2536
2018, 2294
No. 647 Session of 1989
INTRODUCED BY HELFRICK, HESS, WENGER, STAPLETON, REGOLI,
SALVATORE, SHAFFER, MADIGAN AND RHOADES, MARCH 6, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 1, 1990
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, providing for the use of a portion of the
3 antlerless deer fee,; FURTHER PROVIDING FOR THE CONSTRUCTION <--
4 OF DETERRENT FENCING; INCREASING THE MONETARY CAP ON
5 DETERRENT FENCING; PROVIDING for licenses, AND for license <--
6 and agent fees; and further providing for CONTROL AND <--
7 UTILIZATION OF COMMISSION LAND AND RESOURCES AND FOR THE
8 authorized license-issuing agents.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 521(b), 543, 546, 721 and 2705 of Title <--
12 34 of the Pennsylvania Consolidated Statutes are amended to
13 read:
14 § 521. Establishment and use of Game Fund.
15 * * *
16 (b) Specific allocation of certain revenues.--The following
17 sums of money are specifically allocated for the following
18 purposes:
19 (1) A minimum of $1.25 from each resident license for
1 which the full fee has been paid shall be used solely for
2 habitat improvement and restoration conducive to increasing
3 natural propagation of game or wildlife on all lands under
4 the control or operation of the commission or on lands open
5 to public hunting.
6 (2) A minimum of $2.00 of the fee collected for the
7 issuance of antlerless deer licenses shall be used solely for
8 cutting or otherwise removing overshadowing tree growth to
9 produce underbrush, sprouts and saplings for deer food and
10 cover on [state game lands] lands under the control or
11 operation of the commission, including lands enrolled in
12 commission public-access programs.
13 § 543. PURCHASE OF MATERIALS AND CONSTRUCTION. <--
14 [(A) GENERAL RULE.--THE COMMISSION MAY PURCHASE AND DELIVER
15 TO THE APPLICANT OR APPLICANTS THE REQUIRED AMOUNT OF WIRE
16 FENCING, STAPLES, INSULATORS, POSTS OR OTHER MATERIALS NECESSARY
17 TO CONSTRUCT A DEER, ELK OR BEAR DETERRENT FENCE APPROVED BY THE
18 COMMISSION PROVIDED THE APPLICANT OR APPLICANTS HAVE AGREED, IN
19 WRITING, TO CONSTRUCT THE FENCE WITHOUT COST TO THE COMMISSION
20 WITHIN SIX MONTHS FROM THE DAY THE FENCING AND OTHER MATERIALS
21 ARE DELIVERED, IN THE CASE OF A DEER OR ELK DETERRENT FENCE, OR
22 WITHIN SEVEN DAYS FROM THE DAY THE FENCING AND OTHER MATERIALS
23 ARE DELIVERED, IN THE CASE OF A BEAR DETERRENT FENCE. IN CASE
24 THE FENCE IS NOT COMPLETED WITHIN THE STIPULATED TIME, THE
25 COMMISSION MAY RECOVER THE MATERIALS IT FURNISHED AT SUCH TIME
26 AND IN SUCH MANNER AS DESIRED OR FOUND PRACTICAL. ALL FENCES
27 SHALL BE CONSTRUCTED IN ACCORDANCE WITH PLANS AND INSTRUCTIONS
28 SUPPLIED AND APPROVED BY THE COMMISSION.
29 (B) REIMBURSEMENT OF APPLICANT FOR MATERIALS.--THE
30 COMMISSION MAY, THROUGH PRIOR WRITTEN AGREEMENT WITH THE
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1 APPLICANT, PAY THE APPLICANT FOR ANY OR ALL MATERIALS NECESSARY
2 TO CONSTRUCT A DETERRENT FENCE WITHIN THE TIME LIMITATIONS SET
3 FORTH IN SUBSECTION (A).]
4 (A) PURCHASE AND DELIVERY OF MATERIALS.--THE COMMISSION MAY
5 PURCHASE AND DELIVER TO THE APPROPRIATE SITES THE REQUIRED
6 AMOUNT OF WIRE FENCING, STAPLES, INSULATORS, POSTS OR OTHER
7 MATERIAL NECESSARY TO CONSTRUCT A DEER, ELK OR BEAR DETERRENT
8 FENCE APPROVED BY THE COMMISSION.
9 (B) CONSTRUCTION OF DEER OR ELK DETERRENT FENCES.--THE <--
10 COMMISSION MAY CONSTRUCT, OR MAY ENTER INTO CONTRACTS FOR THE
11 CONSTRUCTION OF, DEER OR ELK DETERRENT FENCES ON SITES APPROVED
12 BY THE COMMISSION. AFTER THE DETERRENT FENCE IS ERECTED AND
13 APPROVED BY THE COMMISSION, THE COMMISSION SHALL PAY THE COST OF
14 INSTALLATION WITH 50% OF THE COST TO BE REIMBURSED TO THE
15 COMMISSION BY THE LANDOWNER OR LESSEE.
16 (B) CONSTRUCTION OF DEER OR ELK DETERRENT FENCES.-- <--
17 (1) THE COMMISSION MAY CONSTRUCT, OR MAY ENTER INTO
18 CONTRACTS FOR THE CONSTRUCTION OF, OR ENTER INTO A WRITTEN
19 AGREEMENT WITH THE APPLICANT FOR THE CONSTRUCTION OF, DEER OR
20 ELK DETERRENT FENCES ON SITES APPROVED BY THE COMMISSION.
21 (2) IN MAKING APPLICATION FOR A DETERRENT FENCE UNDER
22 THE PROVISIONS OF THIS SUBSECTION, THE APPLICANT SHALL AGREE
23 TO ONE OF THE FOLLOWING THREE FENCE CONSTRUCTION OPTIONS:
24 (I) THE COMMISSION MAY CONSTRUCT, OR MAY CONTRACT
25 FOR THE CONSTRUCTION OF THE DETERRENT FENCE.
26 (II) THE APPLICANT MAY, WITHIN SIX MONTHS OF
27 DELIVERY OF MATERIALS, CONSTRUCT THE DETERRENT FENCE.
28 (III) THE APPLICANT MAY CONTRACT WITH A THIRD PARTY
29 FOR THE CONSTRUCTION OF THE DETERRENT FENCE.
30 (3) AFTER ANY DETERRENT FENCE IS CONSTRUCTED AND
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1 APPROVED BY THE COMMISSION UNDER THE OPTION SPECIFIED IN
2 PARAGRAPH (2)(I), THE COMMISSION SHALL PAY FOR THE COST OF
3 INSTALLATION AND THE LANDOWNER OR LESSEE SHALL THEN REIMBURSE
4 THE COMMISSION FOR 50% OF THE COST OF INSTALLATION.
5 (C) CONSTRUCTION OF BEAR DETERRENT FENCES.--PRIOR TO
6 DELIVERY UNDER SUBSECTION (A), AN APPLICANT FOR A BEAR DETERRENT
7 FENCE SHALL HAVE AGREED, IN WRITING, WITH THE COMMISSION TO
8 CONSTRUCT THE BEAR DETERRENT FENCE WITHOUT COST TO THE
9 COMMISSION AND TO COMPLETE CONSTRUCTION OF THE BEAR DETERRENT
10 FENCE WITHIN SEVEN DAYS FROM THE DATE THE MATERIAL IS DELIVERED
11 TO THE SITE. IN CASE THE BEAR DETERRENT FENCE IS NOT COMPLETED
12 WITHIN THE STIPULATED TIME, THE COMMISSION MAY RECOVER THE
13 MATERIALS IT FURNISHED AT SUCH TIME AND IN SUCH MANNER AS
14 DESIRED OR FOUND PRACTICAL.
15 (D) SPECIFICATIONS.--ALL DETERRENT FENCES SHALL BE
16 CONSTRUCTED AND INSTALLED IN ACCORDANCE WITH PLANS AND
17 INSTRUCTIONS SUPPLIED AND APPROVED BY THE COMMISSION.
18 (E) REIMBURSEMENT OF APPLICANT FOR MATERIALS.--THE
19 COMMISSION MAY, THROUGH PRIOR WRITTEN AGREEMENT WITH THE
20 APPLICANT, PAY THE APPLICANT FOR ANY OR ALL MATERIALS NECESSARY
21 TO CONSTRUCT A DETERRENT FENCE WITHIN THE TIME LIMITATIONS SET
22 FORTH IN THIS SECTION.
23 § 546. LIMITATION ON EXPENDITURES FOR DETERRENT FENCING.
24 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
25 DIRECTOR SHALL NOT SPEND IN EXCESS OF [$100,000] $300,000
26 ANNUALLY FROM THE GAME FUND FOR [THE PURCHASE OF FENCING AND <--
27 OTHER MATERIALS NECESSARY FOR THE ERECTION OF] DEER, ELK OR BEAR <--
28 DETERRENT FENCES IN ACCORDANCE WITH THE PROVISIONS OF THIS
29 SUBCHAPTER.
30 (B) COMMERCIAL FOREST LANDS.--THE DIRECTOR SHALL NOT SPEND
19890S0647B2536 - 4 -
1 IN EXCESS OF [$100,000] $300,000 ANNUALLY FROM THE GAME FUND FOR
2 [THE PURCHASE OF FENCING OR OTHER MATERIALS NECESSARY FOR THE <--
3 ERECTION OF] DEER OR ELK DETERRENT FENCES ON COMMERCIAL FOREST <--
4 LANDS TO PROMOTE AND PROTECT THE REGENERATION OF FOREST FLORA IN
5 ACCORDANCE WITH THE PROVISIONS OF THIS SUBCHAPTER. FOR PURPOSES
6 OF THIS SUBSECTION THE PHRASE "COMMERCIAL FOREST LANDS" SHALL
7 MEAN LAND WHICH IS OWNED OR LEASED BY AN INDIVIDUAL, CORPORATION
8 OR ASSOCIATION, OPERATED ON A PROFIT-MAKING BASIS AND MEETS ALL
9 OF THE FOLLOWING REQUIREMENTS:
10 (1) THE LAND SHALL CONSIST OF A MINIMUM OF 1,000 ACRES.
11 (2) THE LAND IS MANAGED FOR THE PRODUCTION OR
12 UTILIZATION OF FOREST PRODUCTS ON A SUSTAINED YIELD BASIS AS
13 DEFINED BY REGULATION OF THE COMMISSION.
14 (3) THE LAND IS OPEN TO PUBLIC HUNTING.
15 § 721. CONTROL OF PROPERTY.
16 (A) GENERAL RULE.--THE ADMINISTRATION OF ALL LANDS OR WATERS
17 OWNED, LEASED OR OTHERWISE CONTROLLED BY THE COMMISSION SHALL BE
18 UNDER THE SOLE CONTROL OF THE DIRECTOR, AND THE COMMISSION SHALL
19 PROMULGATE REGULATIONS CONSISTENT WITH THE PURPOSE OF THIS TITLE
20 FOR ITS USE AND PROTECTION AS NECESSARY TO PROPERLY MANAGE THESE
21 LANDS OR WATERS. THE ACQUISITION, USE AND MANAGEMENT OF SUCH
22 LANDS OR WATERS OWNED, LEASED OR OTHERWISE CONTROLLED BY THE
23 COMMISSION, INCLUDING TIMBER CUTTING AND CROP CULTIVATION, SHALL
24 NOT BE SUBJECT TO REGULATION BY COUNTIES OR MUNICIPALITIES.
25 (B) PENALTY.--A VIOLATION OF REGULATIONS PROMULGATED UNDER
26 SUBSECTION (A) IS A SUMMARY OFFENSE OF THE FIFTH DEGREE.
27 § 2705. Classes of licenses.
28 Unless otherwise provided, any person wishing to exercise any
29 of the privileges granted by this title shall first secure the
30 applicable resident or nonresident hunting or [furtaking]
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1 furtaker license as follows:
2 (1) Adult resident hunting licenses to residents who
3 have reached their 17th birthday but have not reached their
4 65th birthday.
5 (2) Junior resident hunting licenses to residents who
6 have reached their 12th birthday but who have not reached
7 their 17th birthday prior to the date of the application for
8 the license and who present a written request, bearing the
9 signature of a parent or guardian, for the issuance of a
10 license.
11 (3) Senior resident hunting licenses or, at the option
12 of the applicant, a senior lifetime resident hunting license
13 to residents who have reached their 65th birthday prior to
14 the date of the application for the license. The commission
15 shall develop, implement and administer a system to provide
16 tags, report cards and applications to those residents who
17 hold a senior lifetime resident hunting license issued under
18 this paragraph. The system shall require the applicant or
19 license holder to pay any approved fee assessed by the
20 issuing agent.
21 (4) Adult resident [furtaking] furtaker licenses to
22 residents who have reached their 17th birthday but have not
23 reached their 65th birthday.
24 (5) Junior resident [furtaking] furtaker licenses to
25 residents who have reached their 12th birthday but who have
26 not reached their 17th birthday prior to the date of the
27 application for the license and who present a written
28 request, containing the signature of a parent or guardian,
29 for the issuance of a license.
30 (6) Senior resident [furtaking] furtaker licenses or, at
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1 the option of the applicant, a senior lifetime resident
2 [furtaking] furtaker license to residents who have reached
3 their 65th birthday prior to the date of the application for
4 the license.
5 (7) [Three-day regulated hunting grounds licenses to
6 persons eligible to procure a hunting license. The license
7 shall be valid for a period of three consecutive days,
8 Sundays excluded, and shall entitle the licensee to hunt,
9 take or kill game or wildlife which may be legally hunted,
10 taken or killed upon the grounds under a regulated hunting
11 grounds permit.] (Reserved).
12 (8) Adult nonresident hunting licenses to all
13 nonresidents of 17 years of age or older.
14 (9) Junior nonresident hunting licenses to all
15 nonresidents who have reached their 12th birthday but who
16 have not reached their 17th birthday prior to the date of the
17 application for the license and who present a written
18 request, bearing the signature of a parent or guardian, for
19 the issuance of a license.
20 (10) Adult nonresident [furtaking] furtaker licenses to
21 nonresidents of 17 years of age or older.
22 (11) Junior nonresident [furtaking] furtaker licenses to
23 nonresidents who have reached their 12th birthday but who
24 have not reached their 17th birthday prior to the date of the
25 application for the license and who present a written
26 request, containing the signature of a parent or guardian,
27 for the issuance of a license.
28 (12) [Five-day] Seven-day nonresident small game license
29 to persons eligible to procure a nonresident hunting license.
30 The license shall be valid for a period of [five] seven
19890S0647B2536 - 7 -
1 consecutive days. The holder of the license shall be entitled
2 to hunt for, take or kill crows [or] and small game.
3 (13) Antlerless deer licenses, bear licenses, archery
4 licenses, [muzzle-loader] muzzleloader licenses and any other
5 license required to insure just and proper administration of
6 this title and sound game or wildlife conservation to
7 eligible persons, subject to the regulations, requirements
8 and conditions which the commission shall establish. Any such
9 license shall be made available to residents serving on
10 active duty in the armed forces of the United States or in
11 the United States Coast Guard without regard to quota
12 limitations or application deadlines. [The number of bear
13 licenses which shall be made available to nonresidents shall
14 not exceed 3% of the total number of bear licenses to be
15 issued by the commission.]
16 Section 2. Section 2706 of Title 34 is amended by adding a
17 subsection to read:
18 § 2706. Resident license and fee exemptions.
19 * * *
20 (d) Owners or possessors of land open to public hunting.--A
21 resident owner or possessor of land, comprising greater than 80
22 contiguous acres farmed under a conservation plan which does not
23 conflict with the act of June 22, 1937 (P.L.1987, No.394), known
24 as The Clean Streams Law, and which meets the requirements of 25
25 Pa. Code Ch. 102 (relating to erosion control), shall, if he
26 permits public hunting as evidenced by enrollment in a
27 Cooperative Public Access Program, be entitled to purchase a
28 Landowners Hunting License at the cost of $3 plus the current
29 issuing fee. The 80-acre requirement shall be exclusive of
30 safety zones in excess of 20% of the total acreage. The license
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1 shall be issued to the owner or possessor or an immediate family
2 member of either the owner or possessor living in the same
3 household so designated by the owner or possessor in the case of
4 a single owner or possessor, and to the individual so designated
5 in the case of more than one owner or possessor. No person shall
6 be issued a hunting license under this subsection unless the
7 person is 12 years of age or older, has met the requirements
8 prescribed in section 2704 (relating to eligibility for license)
9 and has not been denied the privilege to hunt. A person entitled
10 to receive a hunting license under this subsection shall certify
11 to the commission in the form and manner prescribed by the
12 commission that the land tract he owns or possesses is presently
13 in his ownership or possession.
14 Section 3. Sections 2709 and 2722 of Title 34 are amended to
15 read:
16 § 2709. License costs and fees.
17 (a) License costs.--Any person who qualifies under the
18 provisions of this chapter shall be issued the applicable
19 license upon payment of the following costs and the issuing
20 agent's fee:
21 (1) Junior resident hunting - $5.
22 (2) Adult resident hunting - $12.
23 (3) (i) Senior resident hunting - $10.
24 (ii) Senior lifetime resident hunting - $50.
25 (4) Bear hunting:
26 (i) Resident - $10.
27 (ii) Nonresident - $25.
28 (5) Antlerless deer, including resident military,
29 resident disabled veteran and landowner - $5.
30 (6) Archery deer - $5.
19890S0647B2536 - 9 -
1 (7) Muzzleloader deer - $5.
2 [(8) Three-day regulated shooting grounds - $3.]
3 (9) Adult nonresident hunting - $80.
4 (10) Junior nonresident hunting - $40.
5 (11) [Five-day] Seven-day nonresident small game - $15.
6 (12) Junior resident furtakers - $5.
7 (13) Adult resident furtakers - $12.
8 (14) (i) Senior resident furtakers - $10.
9 (ii) Senior lifetime resident [furtaking] furtaker -
10 $50.
11 (15) Adult nonresident [furtakers] furtaker - $80.
12 (16) Junior nonresident [furtaking] furtaker - $40.
13 (17) Resident disabled veteran hunting or [furtaking]
14 furtaker under section 2706(b) (relating to disabled
15 veterans) - no cost.
16 (18) Replacement license - $5. Antlerless deer and bear
17 licenses shall be replaced by the original issuing agent
18 only.
19 (19) Owners or possessors of land open to public hunting
20 under section 2706(d) (relating to owners or possessors of
21 land open to public hunting) - $3.
22 (b) Refunds.--Except as provided in section 501 (relating to
23 refund of moneys paid erroneously or unjustly), license fees are
24 not refundable.
25 (c) Agent fee.--Issuing agents shall be entitled to and may
26 retain as full compensation for their services an additional sum
27 [not exceeding the amount specified in paragraph (1) or (2)] of
28 75¢ for each license or replacement license [issued as full
29 compensation for their services. The amount retained shall be:
30 (1) Seventy-five cents for licenses and replacements
19890S0647B2536 - 10 -
1 issued under subsection (a)(1), (2), (3), (9), (10), (12),
2 (13), (14), (15), (16) and (18).
3 (2) Fifty cents for all other licenses.
4 The fee for the agent shall be in addition to the cost of the
5 license prescribed in subsection (a)].
6 § 2722. Authorized license-issuing agents.
7 (a) County treasurer and commission employees.--Each county
8 treasurer [or person acting on behalf of the county treasurer
9 and any employee at each commission headquarters or other
10 commission facilities designated by the commission may], or, in
11 home rule or optional plan counties, the person whose duties
12 encompass those of a county treasurer, whose agency has not been
13 recalled under this title, shall accept applications and issue
14 licenses [unless otherwise restricted by this title or the
15 director] in accordance with this title. The director may also
16 designate commission employees at commission facilities to issue
17 licenses.
18 (b) Agents for issuing antlerless deer licenses.--Antlerless
19 deer licenses shall be issued by the county treasurer [or some
20 person acting on behalf of the county treasurer], or, in home
21 rule or optional plan counties, the person whose duties
22 encompass those of a county treasurer, within the county in
23 which the licenses are valid.
24 (c) Agent for issuing bear and nonresident furtaker
25 licenses.--Bear and nonresident furtaker licenses shall be
26 issued only by the commission or by authorized license-issuing
27 agents designated by the director.
28 (d) Appointment of additional agents.--The commission may
29 appoint such number of qualified persons, with similar
30 authority, as it deems necessary for the efficient distribution
19890S0647B2536 - 11 -
1 of licenses required by this title.
2 (e) Agent responsible for employees.--The authorized agent
3 shall be solely responsible for each person acting under his
4 direction.
5 (f) Recall of appointment or authority.--The director may
6 recall the appointment or authority of any county treasurer or
7 other agent at any time.
8 (g) Regulations.--The commission shall adopt regulations
9 for:
10 (1) The appointment of hunting or [furtaking] furtaker
11 license-issuing agents and shall establish the appropriate
12 administrative fee for creating and maintaining these issuing
13 agents. County treasurers shall be exempt from the payment of
14 any administrative fee established by the commission.
15 (2) The administration, control and performance of
16 activities conducted pursuant to the provisions of this
17 chapter.
18 Section 4. This act shall take effect as follows:
19 (1) Section SECTIONS 2 (relating to section 2706) AND 3 <--
20 (RELATING TO SECTION 2709(C)) shall take effect July 1, 1991.
21 (2) The remainder of this act shall take effect July 1,
22 1990, OR IMMEDIATELY, WHICHEVER IS LATER. <--
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