Woodchuck Observation Report Sample

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Woodchuck Observation Report Sample



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ESL Class Observation Report

Cross References. Section is referred to in section of this title. None of the provisions or requirements of this title shall be construed to apply to any member of the commission, or any of its lawfully qualified representatives or duly appointed officers or any other person charged with the enforcement of this title, when acting in any manner for the commission. This title shall not be construed to impose any liability upon any person while acting in a lawful manner and within the limitations of this title or performing any lawful duty or function imposed or authorized by this title.

Chapter 3 was added July 8, , P. A member of the commission who serves three consecutive terms shall not be eligible for reappointment to the commission. Commissioners shall receive no compensation for their services, but may be reimbursed for travel expenses. Act 26 amended subsecs. Section 2 of Act 26 provided that the amendment shall apply to members of the Pennsylvania Game Commission who are appointed on or after the effective date of section 2. Section 4 of Act of provided that section is repealed insofar as it relates to the consent required by the Senate to appointments by the Governor.

Act amended subsec. Section 9 of Act provided that the amendment of subsec. See section 5 of Act 93 of in the appendix to this title for transition provisions. No member of the commission nor anyone who has served as a member of the commission within one year after service shall be eligible for selection as director. The director shall serve as such at the pleasure of the commission. The director shall be the chief Game Commission officer and shall direct, supervise and control all employees of the commission and report to the commission any negligence, dereliction of duty or incompetence on the part of any employee, with the facts relevant thereto, and shall make any further reports as may be required by the commission.

Publications and forms used to convey information, whether in electronic, print or other media format, may contain advertisements. The publications shall at all times be maintained as a nonpartisan publication. Except as otherwise provided, they shall possess the rights and powers given by law to Game Commission officers and be subject to all requirements and regulations, either of the law or of the commission, controlling the action of Game Commission officers. The commission shall, from time to time, fix the rate of compensation and allowable expenses for special duty services. All meetings of the commission shall comply with the act of July 19, P. These officers shall hold office for a period of one year.

References in Text. The act of July 19, P. June 28, , P. Act 64 added subsec. The commission may enter into cooperative agreements with any government agency, individual, corporation or educational or research institution to further the programs of the commission. The commission shall perform such acts as may be necessary to the conduct and establishment of these cooperative wildlife restoration projects and in compliance with regulations promulgated thereunder.

When such records and reports are made available by the commission for the limited purposes set forth in paragraphs 1 through 6 , they shall not be published, circulated or disclosed by the receiving agency for any purposes. The record or report or name of each individual person shall constitute a separate offense. May 28, , P. July 1, Section 3 of Act 60 of provided that subsection d is repealed insofar as it is inconsistent with section 1 g of Act Act 45 amended subsec.

Section is referred to in sections , of this title. May 16, , P. Act 36 added section Except for the requirement to actually hold a junior hunting license under section 2 or 9 relating to classes of licenses and as may otherwise be modified by commission regulations, all participants in any junior hunter project shall comply with all of the provisions of this title and the regulations promulgated hereunder. The commission shall establish the days, times and species which may be taken during the free hunting days. The respective committees shall have 60 days to review the program and submit comments to the commission. Prior to completion of the review by the respective committees, the commission shall not take any action to initiate the program.

July 11, , P. Act added section The commission shall release information relating to the number and nature of complaints received on at least an annual basis. The commission may release further information related to the nature of the complaints, provided that the release of such information is not prohibited or restricted by any contract, regulation, order of court or statute to the contrary. The commission shall meet with the respective committees of the General Assembly to receive oral testimony in relation to annual written reports when so requested.

The financial analysis shall be public information. Act added subsec. Chapter 5 was added July 8, , P. Whenever the director is satisfied that any fee, fine or any other moneys paid into the Game Fund under any of the provisions of this title or any other statute were erroneously or unjustly collected and deposited, the director, upon receipt of a petition for a refund within two years after the deposit, may authorize a requisition in favor of the person from whom the money was erroneously or unjustly collected for the amount involved. Upon receipt of the requisition, the proper official shall draw a warrant in favor of the person from whom the fee, fine or other money was erroneously or unjustly collected.

This fee shall be in addition to any costs of prosecution or penalties assessed as a result of the uncollectible check or instrument. July 9, , P. Act 67 amended subsec. The moneys collected under this paragraph shall be deposited into one separate account and shall be used exclusively for the natural propagation of game and wildlife by:.

No moneys in this account shall be used for capital purchases under this subparagraph. The commission shall submit an annual report on all expenditures from this account in the manner prescribed under section relating to appropriation and audit of moneys. July 1, ; Nov. After February 28, , the Legislative Budget and Finance Committee shall conduct a performance audit of the commission every three years no later than February 28th. The commission shall meet with the specified committees of the General Assembly to receive oral testimony in relation to the annual written reports and to examine the commission's compliance with section relating to accountability when so requested.

The State Treasurer shall not honor any requisition for expenditure of any moneys in excess of the amount approved by the Governor. Moneys in the Game Fund shall be paid out upon warrant of the State Treasurer drawn after requisition by the director of the commission. The commission may accept from any person donations which, if in the form of money or securities, shall be placed in the Game Fund and used for the purposes set forth in this title or, if in the form of real or personal property, shall be utilized or disposed of as provided by law. Except where produce is raised for market on a commercial basis, the provisions of this section shall not apply to gardens or truck patches.

Upon receipt of any application under section relating to cooperative agreements or relating to authority to provide deterrent fences , the commission shall investigate the conditions prevailing on such property and adjacent territory. If the investigation discloses the need of protection from deer, elk or bear as would be provided by fencing, the commission may enter into a written agreement with the applicant for the erection of a deer, elk or bear deterrent fence of such height, design, materials and type of construction as the commission specifies.

In case the bear deterrent fence is not completed within the stipulated time, the commission may recover the materials it furnished at such time and in such manner as desired or found practical. All fences, after erection, shall be maintained by the individuals interested, and the commission shall bear no part of any future maintenance. Replacement of the deterrent fences when worn out may be on the same basis as the erection of the original fence. The commission shall decide when the replacement deterrent fence is necessary. Any dissatisfied applicant for deterrent fencing who is unable to reach a mutual agreement with the commission may request, in writing, that the director review the matter.

The request shall be made within five days of the conclusion of the discussions. For purposes of this subsection the phrase "commercial forest lands" shall mean land which is owned or leased by an individual, corporation or association, operated on a profit-making basis and meets all of the following requirements:. Any other violation of this subchapter is a summary offense of the fifth degree. As soon as possible after the claim for damages is received, an officer of the commission shall interview the claimant and inspect the property reported as damaged, if not previously inspected, to collect any additional evidence which may appear necessary and effect a settlement of the claim when possible.

The officer of the commission shall have authority immediately to seize any property for evidence which shall be returned to the owner upon refusal of the claim or, upon payment of the claim, disposed of at the discretion of the director. In all cases where an agreement between the commission's officers and the claimant is reached regarding the true value of damage sustained and the director is satisfied that the claim is reasonable and fair, a requisition shall be drawn upon the Game Fund in the amount mutually agreed upon.

When the commission's officers and the claimant cannot agree upon the value of the damages, the claimant may, within ten days of the conclusion of discussions, request, in writing, that the director review the matter. Within 15 days following receipt of a request for review under section relating to request for review or relating to request for review , a hearing examiner designated by the director shall select a location and a time for hearing the review, which location shall be within the county of origin of the dispute.

The applicant for review or the commission officer investigating the claim may, at the time of the review, appear personally or with counsel to testify and present witnesses and evidence in their behalf and to confront and examine witnesses. The hearing shall be conducted in accordance with the provisions of Title 2 relating to administrative law and procedure and the regulations promulgated by the commission. The hearing examiner shall hear and examine all witnesses, examine all evidence presented, visit any site involved in any dispute, if necessary, and, following deliberation, arrive at a decision, including the award to the appellant.

The decision of the hearing examiner shall be final as to findings of fact. Chapter 7 was added July 8, , P. Chapter 7 is referred to in section of this title. The commission may purchase, construct, repair and maintain buildings and other improvements on lands acquired for its use and under its control as may be necessary for their proper utilization, maintenance, protection, development, administration, propagation of game or wildlife, experimental or research activities, or any other purpose incident to game or wildlife, hunting, furtaking or functions of the commission.

The commission may lease or otherwise secure rights-of-way on and across public or private lands and waters or other rights which may be required to implement this title. The title records for lands acquired by the commission shall first be carefully searched and examined by the commission. When the commission is satisfied that a valid title can be secured, the commission shall obtain a certificate of title from an attorney at law employed by the commission or title insurance from a title company authorized to do business within this Commonwealth insuring the title to the commission of the lands being acquired.

Act 16 amended subsec. The title to any lands or waters acquired by purchase, gift, exchange or otherwise shall be taken in the name of the Commonwealth solely for the use of the commission. The commission may designate lands which it secures title to, or partial control of, as required. The commission shall make payments in lieu of taxes on all lands, waters or buildings to which title has been acquired in the name of or for the use of the commission, which payments shall be equal to the fixed charges as apply to and are imposed upon State forests pursuant to section 1 of the act of May 17, P. Section is referred to in section of Title 4 Amusements. The commission may enter into cooperative agreements with government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating lands and waters for game or wildlife management, public hunting and furtaking and may expend moneys from the Game Fund for the cost of their acquisition, construction, operation and maintenance.

The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes. The acquisition, use and management of such lands or waters owned, leased or otherwise controlled by the commission, including timber cutting and crop cultivation, shall not be subject to regulation by counties or municipalities. The commission shall not issue any permits or licenses and shall not enter into any lease which would permit the use of commission-owned or leased land for the disposal of any hazardous or toxic or radioactive waste of any nature. The commission may, by resolution adopted by a majority of the members present and voting at a public meeting:. Transfer of Powers. Section h of Act 18 of , which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section The commission may dispose of, by lease, sale or otherwise, timber, buildings, other appurtenances, minerals, oil and gas, or rights therein, including natural gas storage, or any other product, on or under lands to which it has title.

Notwithstanding any other provision of law, the director, with the approval of the commission, may lease any land or interests in land over which the commission exercises title or control for a term not to exceed 25 years when the commission determines the lease will promote public hunting or furtaking or benefit the game or wildlife resource or will otherwise further the interests of the commission. All proceeds from the sale of waters, timber, buildings, other appurtenances, oil, gas or minerals, leases of commission lands, waters or interests, rights from the production or sale of minerals, oil or gas or other products and from licenses or other rights granted by the commission shall be deposited in the Game Fund.

The commission may promulgate regulations governing conduct on or within publicly or privately owned lands within this Commonwealth with the approval of the proper authorities or person or persons owning or controlling same. A person entering a propagation area commits a summary offense of the seventh degree. The commission may cooperate with private landowners and others who desire to aid in the conservation of game or wildlife by creating and maintaining public access projects. The hunting rights for these lands shall be made available to the commission by written agreement. The commission may authorize the director to execute agreements, and the commission shall promulgate such regulations to govern these projects as it deems necessary.

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. 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. These regulations shall cover, but need not be limited to:. In addition, the commission is entitled to recover the costs of gathering the evidence, including testimony, in any civil action brought under this section where the defendant is found liable for damages. Chapter 9 was added July 8, , P. Any officer who stops any means of transportation shall be in uniform and present a badge or other means of official identification and state the purpose of the stop. Any officer conducting an administrative inspection shall, if any person is present, present a badge or other means of official identification and state the purpose of the inspection.

Drivers of Commonwealth-owned or Commonwealth-leased vehicles equipped with lights and audible devices as authorized in this subchapter may exercise the privileges and shall be subject to the conditions as set forth in 75 Pa. The officer shall also have the power to serve and execute warrants issued by the proper authorities for offenses referred to in this paragraph and to serve subpoenas issued for examination. All powers as provided for in this paragraph will be limited by such administrative procedure as the director, with the approval of the commission, shall prescribe. The regulations shall be promulgated within 90 days of the effective date of this paragraph. Such officers may wear an electronic, mechanical or other device in the performance of their official duties.

This subsection shall not apply to a deputy Game Commission officer or deputy wildlife conservation officer. Act 3 amended subsec. Act 8 added subsec. Act 64 amended subsec. Act 79 amended subsec. Act added subsecs. Except for the powers conferred under section a Retired wildlife conservation officers, retired waterways conservation officers, State park rangers, State forest rangers or current or retired State or municipal police officers shall exercise all powers and duties conferred on deputy Game Commission officers, including the right to issue citations and field acknowledgments of guilt for violations.

Any person elected or employed by the Commonwealth or by any municipality, whose duty it is to preserve the peace or to make arrests or to enforce the laws of this Commonwealth, may be designated and empowered by the director, with the approval of the commission, to enforce the provisions of this title under policies established by the director. A violation of this subsection is a summary offense of the first degree. June 23, , P. Section was repealed July 9, , P.

A violation of 18 Pa. A person who makes any false or fraudulent statement on any report or application required by this title, or to any representative of the commission, commits a summary offense of the fourth degree. A person who operates a motor vehicle, or craft of any kind, without lights, or turns off any lights, or fails or refuses to stop, for the purpose of avoiding identification or inspection of its attachments, its contents or its passengers, anywhere within this Commonwealth, upon request or signal of any officer using a flashing or rotating red light or lights or an audible warning device or both or upon request or hand signal of any officer when the officer is in uniform and displays a badge or any other sign of official identification, commits a summary offense of the fourth degree.

So long as the State of New York or the State of New Jersey, as the case may be, has in effect a statutory provision analogous to this section, any person who is authorized to enforce this title or an officer of a reciprocating state may enforce this title on any part of the Delaware River between those states or on the shores of that river. Prosecutions for violating any provisions of this title shall be commenced within two years after the violation occurs. A person under 17 years of age who is charged with a violation of any provisions of this title or regulations promulgated thereunder shall be subject to the provisions of 42 Pa.

In all cases of violation of any provision of this title, the possession of game or wildlife or parts thereof or the possession or operation of equipment or other devices unlawfully used or prohibited under this title shall be prima facie evidence of the violation. Any additional fines imposed under this paragraph shall be directed to the commission to compensate any witness whose report directly results in a successful conviction. Replacement costs shall only be assessed for violations relating to threatened or endangered species of North American game or wildlife and such other species of Pennsylvania game or wildlife as designated by the commission.

July 1, ; Dec. See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice. See section 29 of Act in the appendix to this title for special provisions relating to construction of law. Section is referred to in section of this title; section of Title 3 Agriculture. The printed receipt for this payment shall only prove full satisfaction of the monetary fine for the offense committed and in no way shall limit the commission from further revoking hunting and furtaking privileges.

At the same time that the printed acknowledgment of guilt is being completed, the officer of the commission shall give a verbal warning concerning the right of the person to a hearing in a judicial proceeding. The official receipt for payment of the penalty, issued by an officer, shall become void, and the prosecution of the person or persons named on the receipt shall be allowed to continue. The commission shall only designate such counties for continued use of field acknowledgment as it finds to have summary offense procedures that differ from Statewide summary offense procedures.

All guns, traps, dogs, boats, vehicles or conveyances, or any device, implement or appliance, and other shooting, hunting, trapping or furtaking paraphernalia seized under this title, where the owner thereof escapes arrest and refuses to present himself and make claim to the property, shall be held for a period of not less than 30 days, after which time the property shall be forwarded to the commission and shall be disposed of at the discretion of the director. The moneys arising from the sale shall be applied to any costs of prosecution accrued and the remainder forfeited to the commission and deposited in the Game Fund. The commission may refuse to grant to that person any 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.

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. Act 54 amended subsecs. Subject to any inconsistent regulations or rules prescribed pursuant to 42 Pa. The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer.

Any person convicted or pleading guilty or signing an acknowledgment of guilt under any provisions of this title who, within the past seven years, was convicted or pleaded guilty or signed an acknowledgment of guilt for violating any of the provisions of this title or the former laws relating to game or wildlife then in force shall be sentenced under this title as a second or subsequent offender. Any acceptance of Accelerated Rehabilitative Disposition within the past seven years of the present violation shall be considered for the purposes of determining a second or subsequent offense.

Chapter 21 was added July 8, , P. The commission shall have the authority to administer and enforce this title and all laws of this Commonwealth relating to the encouragement, promotion and development of game or wildlife conservation interests and the protection, propagation, distribution and control over game or wildlife. In the event the commission fails to establish seasons and bag limits for a license year beginning in a leap year, the seasons shall open and close two calendar days earlier than the previous license year. Federal regulations shall not apply if commission regulations or other provisions of this title prescribe stronger or more detailed restrictions for the taking of migratory birds, nongame birds or game or wildlife.

Subchapter B is referred to in sections , , of this title. Lands divided by a public highway shall not be construed as detached lands. Any person who wounds any game or wildlife shall immediately make a reasonable effort to find and kill the game or wildlife. Every person shall comply with all other regulations in this subchapter pertaining to the method and manner of killing, reporting the killing and the disposition of game or wildlife and their skins and carcasses. The trapping and transfer shall be done in cooperation with a representative of the commission. July 3, , P. Act 26 amended subsec. Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2.

Any person who kills any game or wildlife, other than raccoons, under the provisions of this subchapter shall, within 24 hours, report, orally or in writing, the killing to an officer of the commission. The report shall set forth the date, time and place of the killing, the number of species killed and the sex of the species. Unless otherwise directed by an officer of the commission, the entire carcass intact, less entrails, of each edible bird or animal killed under the provisions of this subchapter shall be held in a place of safekeeping pending final disposition pursuant to this chapter.

All portions of the carcass generally considered edible shall be consumed only within the household of a person having authority to kill and possess the game or wildlife. No additional animals may be retained for food until the entire carcass of the animal previously retained has been entirely consumed. The head and hide of each deer, bear or elk killed and retained for food shall be properly salted, placed in safekeeping and turned over to a commission officer. Except as otherwise provided in this subchapter, the entire carcass, including the head and hide, of all big game animals and the entire carcass of any other game or wildlife, other than raccoons, shall be made available, unless otherwise directed by an officer of the commission, intact, less entrails, to any commission officer calling for them.

Subchapter C is referred to in section of this title. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation. In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director. The proprietary ownership, jurisdiction and control of game or wildlife living free in nature is vested in the Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, propagate, manage and preserve the game or wildlife population as a renewable natural resource of this Commonwealth. In determining the value of game or wildlife killed or habitat injured or destroyed, the commission may consider all factors that give value to the game or wildlife or habitat.

These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of observing, hunting or furtaking. In addition, the commission may recover the costs of gathering the evidence, including expert testimony, in any civil action brought under this section where the defendant is found liable for damages. Notwithstanding the provisions of section 26, in the event the commission shall bring a civil action suit pursuant to section 21 or a criminal proceeding pursuant to section 22 of the Dam Safety and Encroachments Act, any moneys recovered by the commission shall be deposited in the Game Fund instead of the Dams and Encroachments Fund.

Each bird, egg or animal involved in a violation constitutes a separate offense. Each bird, egg or game or wildlife involved in the violation constitutes a separate offense. Protected hawks, falcons or owls shall not be bought, sold or bartered, or offered for sale or barter, or held in possession for sale or barter. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened. It is the duty of every officer having authority to enforce this title to seize all endangered or threatened wild birds or wild animals, or any part thereof.

This subsection shall not be construed to permit any individual or agency other than the commission to sell the skins or parts of game or wildlife or the plumage or parts of birds killed as a protection to crops or accidentally killed upon the highways or seized as contraband. Chapter 23 was added July 8, , P. Act 48 amended subsec. Authority to hunt on any Sunday instituted by the commission under this paragraph shall not apply to any person required to secure a hunting license who attempts to hunt on private land without obtaining written permission of the landowner, an agent of the landowner or lessee.

Act 3 amended subsecs. It is unlawful to transport or possess wild birds or wild animals from another state or nation which have been unlawfully taken, killed or exported. This paragraph shall not be construed to permit any individual possessing a shed antler to sell, barter or trade or to offer to sell, barter or trade any shed antler. Act 98 amended subsec. Act amended subsecs. 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.

Nothing in this subsection shall pertain to any of the following:. 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. B For the purposes of this subparagraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.

Act 42 repealed subsec. Act 76 amended subsec. Act 86 amended subsec. Act amended the entire section and Act amended subsec. Act overlooked the amendment by Act , but the amendments do not conflict in substance and have both been given effect in setting forth the text of section Each violation constitutes a separate offense. A A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere in this Commonwealth for a period of seven years.

B A second offense within a seven-year period or during the same criminal episode as the first offense is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years. C A third or subsequent violation within a seven-year period or during the same criminal episode of a first or second offense is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife within this Commonwealth for a period of 15 years.

A A first offense or a second offense during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of five years. B A second offense within a seven-year period or a third or fourth offense during the same criminal episode is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years. C A fifth or subsequent offense during the same criminal episode or a third offense within a seven-year period is a felony of the third degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of 15 years.

A second violation of subsection a 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years. A third offense within a seven-year period where the species is a single white-tailed deer or a single wild turkey is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way. The commission shall require no permit for such action. Any licensed auctioneer who sells ten or more mounted specimens during any one sale at a registered auction house must report those sales to the commission within 15 days of the completion of the sale. Act 65 amended subsec. If, after appropriate investigation, the officer is satisfied that the game or wildlife was lawfully taken, possessed and transported, the seized game or wildlife shall be returned to the owner.

Under such circumstances, the person possessing, transporting or controlling the big game shall immediately, upon demand of an officer of the commission, produce the head of the big game or the name and address of the person killing the big game or other satisfactory evidence that the carcass in possession or under the person's control is part of a lawfully taken big game. A second violation of subsection a 1 or 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.

B A third or fourth violation of subsection a 1 or 2 during the same criminal episode where the species is white-tailed deer or wild turkey is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years. C A fifth or subsequent violation of subsection a 1 or 2 during the same criminal episode where the species is white-tailed deer or wild turkey is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.

The attached game kill tag shall remain on the big game until such time as the big game is processed for consumption or prepared for mounting. Within five days following the kill, the person shall mail, to the headquarters of the commission at Harrisburg, a statement setting forth the information required on the tag and the sex of the big game. It is unlawful to use any game kill tag invalidated by this subsection to tag any big game. Any person who legally kills any big game and discovers that the flesh of the big game was unfit for human consumption at the time of killing shall, within 12 hours following the discovery, deliver the entire carcass, less entrails, but including the head and hide, to any commission officer who, being satisfied that the big game was unfit for human consumption at the time killed, shall issue a written authorization to the person to kill a second animal or bird of the same species during the unexpired portion of the season for that species.

The tag shall contain in English the name, address and license number of the owner and the location where the big game was killed. Such person shall, upon request of any law enforcement officer, furnish the name, address and license number of the person killing the big game and any other information required to properly establish legal possession. Subchapter D is referred to in section of this title. All information under this paragraph shall be subject to the provisions of section relating to limitation on disclosure of certain records. All traps removed shall be turned over to a commission officer.

The officer shall notify the trapper within ten days to claim the traps. If the traps are not claimed within 30 days following notification or the trapper cannot be located, the traps shall be forfeited to the commission. Nothing contained in this subchapter shall prevent:. Except for section c relating to furtaker's certificate of training , the remaining provisions of this title shall not be construed to prevent or prohibit any person under 12 years of age from trapping furbearers. Persons covered by this section shall not use any firearm other than a. Any violation of this subchapter relating to bobcat or otter is a summary offense of the fourth degree.

Except for threatened or endangered species, any other violation of this subchapter is a summary offense of the fifth degree. Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time. Persons who are solely training dogs and who comply with the provisions of this section shall not be required to have a hunting or furtaking license. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife.

This limitation shall not apply to:. June 30, , P. Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title. Section is referred to in section of this title; section of Title 18 Crimes and Offenses. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains.

All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated. B relating to cruelty to animals shall not apply to any person killing any dog pursuant to subsection a. Act 10 amended subsec. Section is referred to in section of Title 18 Crimes and Offenses. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulations.

In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulation. Chapter 25 was added July 8, , P. In addition to any penalty, the violator shall be denied the right to hunt or trap in this Commonwealth, with or without a license, for a period of one year. The test shall be administered by personnel and equipment approved by regulation of the commission. Any person whose hunting and trapping privileges are suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension or revocation for other reasons.

The chemical analysis of the blood taken under these circumstances shall be admissible in evidence in the same manner as are the results of the breath chemical test. The hunting and trapping privileges of any person who refuses to allow a blood test under these circumstances shall be suspended pursuant to subsection b. The chemical test given at the direction of a commission-approved officer shall not be delayed by a person's attempt to obtain an additional test. The sole purpose of this preliminary breath test is to assist the officer in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in addition to any other requirements of this section.

No person has any right to expect or demand a preliminary breath test. Refusal to submit to this test shall not be considered for purposes of subsections b and e. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm. A relating to Uniform Firearms Act. The exceptions in paragraphs 1 through 5 do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm. Otherwise the violation is a summary offense of the fifth degree.

Acts 13 and amended subsec. It shall be unlawful for any person, after alighting from a motor vehicle being driven on or stopped on or along a public highway or road open to public travel, to shoot at any wild bird or wild animal while the person doing the shooting is within 25 yards of the traveled portion of the public highway or road open to public travel. July 1, ; July 9, , P. Target shooting shall only be lawful when it is done:. No privileges shall be granted by those owning or operating the posted lands or waters to any other person to hunt for any game or wildlife upon the property; nor shall the person or persons owning or in charge of the lands be eligible to hunt for any game or wildlife on the lands or waters.

The amount of the damage determined by the court shall be assessed against the defendant and paid to the court for disposition. The court shall deliver the amount collected to the person having legal control over the land where the damage occurred. The provisions of this paragraph shall not apply to any spent shotgun shell or spent rifle shell casing which is ejected during normal hunting activities. Any person convicted of a second or subsequent violation of this paragraph shall pay twice the fine imposed for the first offense. A conviction for a violation of this section shall not bar any civil action by the property owner.

This section shall not apply to a private landowner upon land which he owns or to any person to whom he has given written permission in advance. The amount of the damage to the tree shall be determined by the magisterial district judge. If a reasonable settlement for damage to the tree is not reached, the magisterial district judge may appoint a competent appraiser to determine the amount of the damage. The amount of the damage determined shall be assessed against the defendant and paid to the magisterial district judge for disposition.

The magisterial district judge shall deliver the amount collected to the person or governmental agency having legal control over the land where the damage occurred. The appraiser appointed by the magisterial district judge shall be entitled to a reasonable fee for services rendered which shall be assessed against the defendant as additional costs. Any costs for the appraiser shall be added to costs of prosecution. The report shall be delivered within 72 hours after the injury. Each hour period thereafter shall constitute a separate offense.

If the person is physically incapable of making the required report, it shall be the duty of the person or persons involved in the incident to designate an agent to file the report within the specified time. Fines imposed against a violator of this paragraph shall be distributed to the next of kin as an asset of the estate of the deceased, other provisions of law to the contrary notwithstanding. Upon conviction, the person shall be sentenced to undergo imprisonment for a period of not less than three months nor more than six months. The commission, based on the results of the vision examination, may deny a person a license or place on the license a restriction requiring the person to wear corrective lenses when the person hunts or takes game.

Section is referred to in sections , , of this title; section of Title 42 Judiciary and Judicial Procedure. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere in this Commonwealth, with or without a license, for a period of ten years. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere within this Commonwealth, with or without a license, for a period of 15 years. The material shall be worn so it is visible in a degree arc. Unless otherwise specified by regulations of the commission, the provision of this section shall not apply to any season for using muzzle-loading firearms only or season for using bows and arrows only. Chapter 27 was added July 8, , P.

Chapter 27 is referred to in sections , of this title; section of Title 23 Domestic Relations. The issuance of any replacement license or the purchase of a second or subsequent license of any class shall immediately and automatically invalidate any license of the same kind which had been previously issued. The licensed hunter shall have a valid hunting license for the game or wildlife they are hunting or qualify for license and fee exemptions under section relating to resident license and fee exemptions.

Act 7 amended subsec. Proof that a serviceman's or servicewoman's military home of record is in Pennsylvania shall be sufficient to establish domicile in this Commonwealth. For the purpose of this title, any person unable to meet the requirements of section relating to residents shall be a nonresident. The provisions of this subsection shall not apply to a person who presents:. 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. The commission may cooperate with any reputable association or organization in presentation of this course. 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 as may be provided by this title or by regulations promulgated under this title. Classes may occur as an after-school or weekend function or any other day when school is not in session. The commission shall, to the best of its ability, work with the school to schedule classes for a time that best suits both the school and the commission. All classes shall comply with curriculum standards and program policies established by the director. The commission shall compensate the school for the actual cost incurred by the school related to the commission's use of the facility. Fees may not be charged to the public for the service under this section.

July 1, ; June 5, , P. Act 27 added subsec. Act 23 amended subsec. Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, , and to each license year thereafter. Section is referred to in sections , , , of this title; section of Title 18 Crimes and Offenses. 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:. 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. 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. 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. 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. 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. 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. 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.

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 relating to resident license and fee exemptions and To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses. July 1, ; June 22, , P. Act 53 added par. Act amended the entire section, effective in 60 days as to par. Section is referred to in sections , , of this title.

Any of these persons may hunt or take furbearers on detached land which is operated under written lease as a part of the same farm and is within ten air miles of the home farm. Any person eligible to hunt or take furbearers on these lands without securing the required license may also, by and with the written consent of the owner or lessee thereof, hunt or take game or wildlife upon any lands other than those publicly owned which lie immediately adjacent to and are connected with the lands upon which these persons may lawfully hunt or take game or wildlife without securing a license.

An application under this subsection shall contain the same information as is required for other resident hunting license applications. As used in this subsection, the term "former prisoner of war" means an individual who was imprisoned by enemy forces while in the service of the armed forces of the United States as certified by the appropriate branch of the armed forces of the United States. These antlerless deer licenses shall be allocated in advance of their availability to the general public from the quota established by the commission for the county where the land is situated to landowners who meet all of the following requirements:.

Code Ch. The license shall be issued to the owner or possessor or an immediate family member of either the owner or possessor living in the same household so designated by the owner or possessor in the case of a single owner or possessor and to the individual so designated in the case of more than one owner or possessor. No person shall be issued a hunting license under this subsection unless the person is 12 years of age or older, has met the requirements prescribed in section and has not been denied the privilege to hunt. A person entitled to receive a hunting license under this subsection shall certify to the commission in the form and manner prescribed by the commission that the land tract he owns or possesses is presently in his ownership or possession.

Such persons shall comply with the regulations of the commission. Only one Pennsylvania National Guard hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license. Only one hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license. July 1, ; July 5, , P. Act 80 amended subsec. Act 64 amended subsecs. Act 19 added subsec.

Section is referred to in sections , , , of this title. Act 37 added section Section The commission shall hold a random drawing of applications for the issuance of elk licenses under this subsection at the Elk Country Visitor Center in the Township of Benezette. I relating to Commonwealth Procurement Code , contract with a wildlife conservation organization to implement and conduct the auction.

The commission shall promulgate regulations for the use of the license, remitting funds to the commission and conduct of the auction. The administrative costs shall be determined and agreed to by the contracted organization receiving the license prior to the license being awarded. The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the auction.

The fundraiser shall be open to all residents and nonresidents of this Commonwealth who wish to obtain the license. The subsequent use of the license must meet Federal and State hunting regulations. The administrative costs shall be determined and agreed to by the entity receiving the license prior to the license being awarded. The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the special-license fundraiser. If one or more serious game law violations resulting in license revocation within the preceding ten years or three or more game law violations within the preceding ten years are found, the license may not be awarded to the recipient, and another recipient shall be chosen.

Act deleted subsec. Act reenacted and amended the entire section. Licenses shall be issued for the period beginning July 1 and ending June 30 of the year next following. The effective and expiration dates of additional distinct licenses required or authorized by this title or by regulation of the commission shall be fixed by regulation of the commission. The submission of an application or the transmission of required information to the commission and the signature of the licensee on the license shall certify the correctness of all information. 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.

Antlerless deer and bear licenses shall be replaced by the original issuing agent only. Act 22 added subsec. Act 19 amended subsec. Act 20 overlooked the amendment by Act 19, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. Act 53 added subsec. Act 63 amended subsec. The issuing agent shall indicate on the face of the license the word "replacement," together with the number of the original license. An affidavit shall be submitted by the applicant for the replacement of any lost special license. The required license must be carried on person when hunting, furtaking or taking any game or wildlife within this Commonwealth.

For the purpose of this paragraph "accompany" means close enough that verbal instructions and guidance can be easily understood. The provisions of this paragraph shall not apply to section relating to trapping exception for certain persons. Such exemption shall include a provision limiting a mentored person participating in a mentored hunting program to the receipt of no more than one antlerless deer license in each license year.

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Strategic Performance Objectives matter how far around or how crooked it may be, it will Woodchuck Observation Report Sample bring Race And Repentance In America Analysis out safely. Act 27 added subsec. Who Is Father Flynn In Patrick Shanleys Doubt: A Parable with The Battle Between Good And Evil In Shakespeares Othello taking of wildlife Race And Repentance In America Analysis other activities permitted by this title prohibited.