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Pennsylvania

Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 34 Pa.C.S.A. Game. Chapter 29. Special Licenses and Permits. Subchapter A. General Provisions.

Statute Details
Printable Version
Citation: 34 Pa.C.S.A. 2901 - 2908

Citation: PA ST 34 Pa.C.S.A. 2901 - 2908


Last Checked by Web Center Staff: 01/2014

Summary:   This chapter of Pennsylvania laws allows the commission to issue permits to take wildlife. Among the permit categories include endangered or threatened species permits, wildlife menagerie, wildlife (exotic) dealer, and wildlife (exotic) possession permits. It is unlawful to exercise any of the privileges granted by a permit issued under this title without first securing the required permit.


Statute in Full:

§ 2901. Authority to issue permits

§ 2902. General categories of permits

§ 2903. Permit year

§ 2904. Permit fees

§ 2905. Examination or inspection fees

§ 2906. Records

§ 2907. Reports

§ 2908. Violations


 

§ 2901. Authority to issue permits

(a) General rule.--The commission may issue permits as specified in this chapter. Except as otherwise provided, permits shall be issued only to persons who are residents of this Commonwealth and 18 years of age or older. Wildlife menagerie permits and special use permits may be issued to persons who are residents of the United States and 18 years of age or older.

(b) Regulations for permits.--Unless otherwise provided in this title, the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.

(c) Interagency cooperation.--The commission may participate with the United States Fish and Wildlife Service or any other Federal or State governmental agency in the issuance of permits.

(d) Waiver.--Where hardship or extraordinary circumstance warrants, the director may waive any of the requirements of this chapter and issue a permit without fee when it is consistent with sound game or wildlife management activities or the intent of this title.

(e) Falconry permits.--Notwithstanding the provisions of subsection (a), falconry permits may be issued only to persons who are residents of this Commonwealth and 12 years of age or older.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1996, April 4, P.L. 55, No. 19, § 5, imd. effective; 2003, June 17, P.L. 12, No. 5, § 1, effective July 1, 2003; 2011, June 24, P.L. 46, No. 9, § 2, imd. effective.

 


§ 2902. General categories of permits

(a) Federal permits.--Federal permits, which may be further restricted by addendum, when countersigned by the director shall become valid in this Commonwealth.

(b) Permits relating to lands.--The director may issue permits relating to lands owned by the commission as provided in Chapter 7 (relating to property and buildings).

(c) Other permits.--The director may issue other permits, with or without charge, as required to control the taking of game or wildlife for scientific study or any other purpose consistent with this title.

(d) Deer control permits in cities of the first class.--

(1) The director shall issue a permit to control deer within 30 days of receipt of an application by a city of the first class or by any department, agency, board or commission of a city of the first class. The commission may promulgate regulations to control the activities which may be performed under authority of the permit issued under this subsection.

(2) A permit for controlling deer issued to a city of the first class or to any department, agency, board or commission of a city of the first class shall not be limited by or subject to any requirement that includes public hunting or controlled hunting by licensed hunters.

(3) Activity to control deer or other game or wildlife conducted by a city of the first class or any department, agency, board or commission of a city of the first class shall not be construed to constitute “hunting” or “take” as defined in section 102 (relating to definitions).

(4) A city of the first class or any department, agency, board or commission of a city of the first class that is issued a permit to control deer may conduct deer control activity at any time or times during the term of the permit regardless of season.

(5) It is unlawful for any person to interfere with or disrupt any activities conducted by a city of the first class or any department, agency, board or commission of a city of the first class under a permit issued under this section. A violation of this subsection is a summary offense of the second degree. This subsection shall not be construed to prohibit a city of the first class from enforcing local statutes or from seeking damages suffered by such city as a result of such interference or disruption.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 2000, Dec. 20, P.L. 783, No. 111, § 5, imd. effective.

 


§ 2903. Permit year

Except as otherwise provided in this title, all permits shall be issued for a one-year, two-year or three-year time period selected by the applicant for the permit based on the fiscal year for the Commonwealth. Fees under section 2904 (relating to permit fees) shall be multiplied by the time period selected by the applicant and remitted at the time of application for the permit. Except when an application for a permit is rejected, all fees shall be nonrefundable. The permit for a disabled person to hunt from a vehicle shall be valid for the lifetime of the disabled person. There will be no reduced fees for a permit issued for less than a year.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, Nov. 25, P.L. 1082, No. 125, § 2, imd. effective; 2001, Dec. 13, P.L. 897, No. 98, § 1, imd. effective.

 


§ 2904. Permit fees

(a) Annual fees.--The annual fee for permits provided for in this chapter shall be as follows:

(1) Bird banding - $25.

(2) Collecting - $25.

(3) Deleted by 2001, Dec. 13, P.L. 897, No. 98, § 1, imd. effective.

(3.1) Temporary permit for disabled person - $5 for the license year.

(4) Dog training area - $50.

(5) Dog trials (three consecutive days):

(i) Field trials - $25 per day.

(ii) Raccoon trials - $25 per day.

(iii) Retriever trials - $25.

(6) Endangered or threatened species:

(i) Native - $300.

(ii) Non-native - free with necessary Federal permit.

(7) Falconry - $50.

(8) Fox chasing - $150.

(9) Fur dealers:

(i) Resident - $100.

(ii) Nonresident - $300.

(10) Regulated hunting grounds:

(i) Commercial - $100 for first 100 acres and $25 for each additional 100 acres, or part thereof.

(ii) Noncommercial - $38 for first 100 acres and $8 for each additional 100 acres, or part thereof.

(11) Retriever training area - $50.

(12) Deleted by 2006, July 7, P.L. 358, No. 77, § 2, effective in 90 days [Oct. 5, 2006].

(13) Wildlife (exotic) dealer - $200.

(14) Wildlife menagerie - $100.

(15) Wildlife (exotic) possession - $50 per animal.

(16) Wildlife propagation - $25 for one species and $10 for each additional species.

(17) Commercial wildlife pest control - $50.

(b) Disabled permit fees.--The disabled permit fee for a disabled person shall be a one-time fee of $5, which is valid for the lifetime of the disabled person.

(c) Other fees.--The commission shall set a reasonable fee for any permit required by this title which is not specifically set forth in this section.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, Nov. 25, P.L. 1082, No. 125, § 2, imd. effective; 1993, June 28, P.L. 178, No. 37, § 3, imd. effective; 1996, May 22, P.L. 310, No. 48, § 1, imd. effective; 2001, Dec. 13, P.L. 897, No. 98, § 1, imd. effective; 2006, July 7, P.L. 358, No. 77, § 2, effective in 90 days [Oct. 5, 2006]; 2011, June 24, P.L. 46, No. 9, § 2, imd. effective.

 

§ 2905. Examination or inspection fees

(a) General rule.--The director shall fix an additional fee to cover the costs of any examination required for the issuance of any permit. No such examination fee shall be returned if the applicant fails to appear for the examination or fails to pass the examination.

(b) Fee for inspection.--If any facility fails to meet the required standards, the director shall fix a fee for any subsequent inspection.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.

 


§ 2906. Records

Each permit holder shall keep accurate records of all transactions carried out under authority of the permit issued and any other information required by the director. The records for each year of a permit must be kept for a period of three years and shall be open to inspection by any officer of the commission during normal business hours and shall be the basis of any reports required by the commission.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 2001, Dec. 13, P.L. 897, No. 98, § 1, imd. effective.

 

§ 2907. Reports

The director may require reports from any permit holder, except that no report may be required with respect to species of fox not indigenous to this Commonwealth. Annual reports shall be due within 30 days after expiration of the permit. For multiple-year permits, reports shall be submitted by July 30 of each year that the permit is in effect. The director may designate other times for reports if information is needed by the commission for its operations.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, April 20, P.L. 353, No. 55, § 1, effective in 60 days; 2001, Dec. 13, P.L. 897, No. 98, § 1, imd. effective.

 


§ 2908. Violations

(a) General rule.--Except as provided for in subsection (a.1), it is unlawful to:

(1) Exercise any of the privileges granted by a permit issued under this title without first securing the required permit.

(2) Fail to carry, show or display the permit to any officer whose duty it is to enforce this title while exercising any privilege granted by the permit.

(3) Aid, assist or conspire with any person contrary to this chapter or regulations promulgated thereunder.

(4) Make any false or misleading statement on any application or any required report.

(5) Fail to submit any report when required or to keep accurate records.

(6) Violate any other provisions of this subchapter or regulations adopted thereunder.

(a.1) Exception.--Notwithstanding any other provision of this title, it shall not be unlawful for a properly permitted nuisance wildlife control operator to use electronic means to check on the status of a trap while acting pursuant to the authority granted under the permit. If the electronic device shall malfunction or in any way cease to provide the permit holder with real-time updates on the trap, the permit holder shall be required to physically check the trap within 24 hours.

(b) Penalty.--Except for endangered or threatened species, a violation of any other provision of this subchapter is a summary offense of the fifth degree.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 2013, June 27, P.L. 153, No. 29, § 1, effective in 60 days [Aug. 26, 2013].

HISTORICAL AND STATUTORY NOTES

Act 2013-29 legislation

Act 2013-29, § 1, in subsec. (a), inserted “Except as provided for in subsection (a.1),”; and added subsec. (a.1).

 

 

 



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