PRIOR PRINTER'S NO. 765 PRINTER'S NO. 3594
No. 659 Session of 2003
INTRODUCED BY STABACK, GOODMAN, SOLOBAY, BELARDI, BELFANTI, CAPPELLI, COY, DeLUCA, FAIRCHILD, GEIST, GODSHALL, GRUCELA, HALUSKA, HANNA, HARHAI, HENNESSEY, JAMES, LAUGHLIN, LEVDANSKY, McGEEHAN, S. MILLER, MUNDY, PALLONE, PHILLIPS, READSHAW, ROBERTS, SHANER, STERN, R. STEVENSON, T. STEVENSON, SURRA, TIGUE, WALKO, WANSACZ, WASHINGTON, WILT, YOUNGBLOOD AND GERGELY, MARCH 4, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 30, 2004
AN ACT 1 Amending Title 34 (Game) of the Pennsylvania Consolidated 2 Statutes, further providing for lawful cooperation or 3 assistance by unlicensed persons. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 2301(b) and 2701 of Title 34 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 2301. Prima facie evidence of hunting. 9 * * * 10 (b) Lawful cooperation or assistance.--Notwithstanding any 11 other provision of this title to the contrary, any person who 12 has lawfully taken the bag or season limit for a particular 13 species of game or wildlife or any person who meets the 14 requirements of section 2701(c) (relating to license 15 requirements) may aid, assist, abet or cooperate in any manner
1 specified by this title or commission regulations with another 2 person who is engaged in any lawful activity permitted by this 3 title or the regulations of the commission. 4 § 2701. License requirements. 5 (a) General rule.--Except in defense of person or property 6 or pursuant to exemptions authorized in this title, every 7 person, prior to engaging in any of the privileges granted by 8 this title, shall first obtain the applicable license subject to 9 any conditions or other requirements imposed by this title. 10 (b) Only one license valid.--Only one full-term or distinct 11 hunting license and furtaking license shall be valid during any 12 full-term license year. The issuance of any replacement license 13 or the purchase of a second or subsequent license of any class 14 shall immediately and automatically invalidate any license of 15 the same kind which had been previously issued. 16 (c) Exception.--Any person WHO HAS NEVER HELD A HUNTING <-- 17 LICENSE IN PENNSYLVANIA OR ANY OTHER STATE may participate in 18 the hunting and trapping activities authorized under this title 19 or commission regulations without compliance with this section <-- 20 SUBSECTION (A) or section 2704 (relating to eligibility for <-- 21 license) if that person satisfies all of the following 22 requirements: 23 (1) The person who participates in the hunting and 24 trapping activities must be accompanied by another person 18 <-- 25 years of age or older who is licensed as provided in this 26 title. ALWAYS BE IN SIGHT OF AND CLOSE ENOUGH TO A LICENSED <-- 27 HUNTER WHO IS AT LEAST 18 YEARS OF AGE TO CLEARLY HEAR AND 28 UNDERSTAND INSTRUCTIONS COMMUNICATED TO THEM THROUGH NORMAL 29 CONVERSATION WITHOUT THE AID OF ANY DEVICE. THE LICENSED 30 HUNTER SHALL HAVE A VALID HUNTING LICENSE FOR THE GAME OR 20030H0659B3594 - 2 -
1 WILDLIFE THEY ARE HUNTING OR QUALIFY FOR LICENSE AND FEE 2 EXEMPTIONS UNDER SECTION 2706 (RELATING TO RESIDENT LICENSE 3 AND FEE EXEMPTIONS). 4 (2) The unlicensed person may not possess, convey or use 5 any firearm, bow or any other device that may be used to 6 harvest game OR FURBEARERS. <-- 7 (3) The unlicensed person must be in compliance with 8 section 2524 (relating to protective material required) and 9 with any regulations promulgated by the commission related to 10 protective material. 11 (4) The unlicensed person who participates in any 12 hunting party for deer, bear or elk shall be listed on any <-- 13 roster when required and shall count as a member of the 14 hunting party for purposes of section 2324 (relating to 15 roster of parties hunting big game). For the purposes of 16 hunting small game, the unlicensed person shall be counted as 17 a member of the party. 18 (5) When accompanying unlicensed junior hunters, adult 19 hunters shall comply with section 2711(a)(8) (relating to 20 unlawful acts concerning licenses) and shall abide by 21 commission regulations pertaining to accompanying junior 22 hunters. HUNTING PARTY SHALL BE LISTED ON THE HUNTING ROSTER <-- 23 WHEN REQUIRED AND SHALL COUNT AS A MEMBER OF THE HUNTING 24 PARTY FOR PURPOSES OF REGULATIONS PROMULGATED PURSUANT TO 25 SECTION 2324 (RELATING TO ROSTER OF PARTIES HUNTING BIG GAME) 26 AND COMMISSION REGULATIONS RELATING TO BIG GAME ANIMAL 27 HUNTING ROSTER AND SMALL GAME. 28 (6) (5) For the purposes of this section, at no time <-- 29 shall a licensed hunter accompany more than one unlicensed 30 hunter PERSON. <-- 20030H0659B3594 - 3 -
1 Section 2. This act shall take effect immediately. A22L34RZ/20030H0659B3594 - 4 -