34 Pa.C.S. Ch. 27

34 Pa.C.S. Ch. 27
in effect

34 Pa.C.S. § 2701 License requirements.

(a) General rule.--Except in defense of person or property or pursuant to exemptions authorized in this title or by regulation of the commission for implementing a mentored hunting program, every person, prior to engaging in any of the privileges granted by this title, shall first obtain the applicable license subject to any conditions or other requirements imposed by this title. (b) Only one license valid.--Only one full-term or distinct hunting license and furtaking license shall be valid during any full-term license year. 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. (c) Exception.--Any person who has never held a hunting license in Pennsylvania or any other state may participate in the hunting and trapping activities authorized under this title or commission regulations without compliance with subsection (a) or section 2704 (relating to eligibility for license) if that person satisfies all of the following requirements: (1) The person who participates in the hunting or trapping activities must always be in sight of and close enough to a licensed hunter who is at least 18 years of age to clearly hear and understand instructions communicated to the person through normal conversation without the aid of any device. 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 2706 (relating to resident license and fee exemptions). (2) The unlicensed person may not possess, convey or use any firearm, bow or any other device that may be used to harvest game or furbearers. (3) The unlicensed person must be in compliance with section 2524 (relating to protective material required) and with any regulations promulgated by the commission related to protective material. (4) The unlicensed person who participates in any hunting party shall be listed on any required hunting roster and shall count as a member of the hunting party for purposes of section 2324 (relating to roster of parties hunting big game) and commission regulations relating to big game animal hunting roster and parties hunting small game. (5) For the purposes of this section, at no time shall a licensed hunter accompany more than one unlicensed person. (June 28, 2004, P.L.452, No.48, eff. imd.; Dec. 22, 2005, P.L.452, No.86, eff. 60 days; May 15, 2013, P.L.26, No.7, eff. 60 days) 2013 Amendment. Act 7 amended subsec. (a). Cross References. Section 2701 is referred to in section 2301 of this title.

34 Pa.C.S. § 2702 Residents.

(a) General rule.--Any person who has been domiciled in this Commonwealth for a period of 30 consecutive days preceding the date of application for a license and who establishes identity, age and the fact of bona fide residency to the satisfaction of the commission by production of a motor vehicle driver's license, proof of payment of State or local personal income taxes or some other positive means of identification shall for the purpose of this chapter be a resident of this Commonwealth. (b) Commonwealth residents in armed forces.--Nothing in this chapter shall deny any qualified serviceman or servicewoman domiciled in but residing outside this Commonwealth while serving on active duty in the armed forces of the United States or in the United States Coast Guard, or any family member living in his or her home and residing outside this Commonwealth to meet military requirements, from eligibility to procure a resident hunter's license or other license when domicile within this Commonwealth is a requirement. Proof that a serviceman's or servicewoman's military home of record is in Pennsylvania shall be sufficient to establish domicile in this Commonwealth. (c) Military personnel stationed in Commonwealth.--Any person regularly enrolled in any branch of the armed forces of the United States or in the United States Coast Guard and officially stationed and quartered within this Commonwealth 30 or more days preceding the date of application shall be a resident for the purpose of this title. (d) Cooperation with other agencies.--To the maximum extent feasible, the commission shall be entitled to request and receive and shall utilize and be provided with such facilities, resources and data of any court, department, division, board, bureau, commission or agency of the Commonwealth or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties hereunder. (e) Information to be confidential.--The commission shall not disclose information received under subsection (d) so as to divulge the identities of the persons to whom it relates except as is necessary to carry out the purposes of this title. (Nov. 25, 1988, P.L.1082, No.125, eff. imd.) 1988 Amendment. Act 125 amended subsecs. (b) and (c), retroactive to July 1, 1987. Cross References. Section 2702 is referred to in section 2703 of this title.

34 Pa.C.S. § 2703 Nonresidents.

For the purpose of this title, any person unable to meet the requirements of section 2702 (relating to residents) shall be a nonresident.

34 Pa.C.S. § 2704 Eligibility for license.

(a) General rule.--Persons meeting the requirements of this title who have reached or will reach their 12th birthday in the calendar year of application or who are older, whose hunting and furtaking privileges are valid and who shall meet the application requirements set forth in this title and pay the prescribed license cost and issuance fee shall be eligible to obtain the applicable hunting or furtaking license. (b) Hunter education.--Persons who have not held a hunting license lawfully issued to them in this Commonwealth or another state or nation or have not hunted under the exceptions in section 2706 (relating to resident license and fee exemptions) or do not possess a certificate of training approved by the director prior to the enactment of this title shall be required to attain accreditation in a hunter education program approved by the director before a hunting license is issued to them. The provisions of this subsection shall not apply to a person who presents: (1) Evidence of service in the armed forces of the United States or in the United States Coast Guard and discharge or separation under honorable conditions within six months of the date of application. (2) Evidence that the person is currently serving in the armed forces of the United States or in the United States Coast Guard. (c) Furtaker's certificate of training.--No resident or nonresident furtaker's license shall be issued to any applicant unless the applicant presents to the agent authorized to issue the license any one of the following: (1) Evidence that the applicant has held a trapping or furtaker's license issued by another state or nation. (2) A certificate of training issued under this section. (3) A certification signed by the applicant on the furtaker's license application that the applicant completed a voluntary trapping course sponsored by the commission or that the applicant has previously hunted or trapped furbearers within the last five years. 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. (d) Duties of commission.-- (1) The commission shall provide for a course of instruction, approved by the director, in the safe and ethical utilization of firearms and traps or other devices used for taking furbearers. The commission may cooperate with any reputable association or organization in presentation of this course. (2) The commission may designate any person who the commission determines to be competent to give instruction in the handling of firearms, traps or other devices to act as an instructor. 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. (3) The commission shall furnish information on the requirements of the furtaker's education program which shall be distributed, free of charge, to applicants for furtaker licenses by the persons appointed and authorized to issue the licenses. (4) 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. (e) Compliance by certification.--The requirements of subsection (b) or (c) shall be deemed met by a certification signed by the applicant on the license application stating that the applicant has held a license issued by the Commonwealth or another state or nation in a prior year but is unable to produce evidence of holding such license. (f) Courses combined.--Subject to the approval of the commission, the director may combine the courses of instruction in hunter education and furtaker's training into one comprehensive course. (g) Hunter education in public schools.--Upon request of the commission, all public school districts in this Commonwealth shall make a school facility under their control available for the purpose of conducting a hunter education course. 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. (Nov. 25, 1988, P.L.1082, No.125, eff. imd.; June 22, 1993, P.L.102, No.23, eff. imd.; Dec. 20, 2000, P.L.783, No.111, eff. July 1, 2001; June 5, 2020, P.L.210, No.27, eff. 60 days) 2020 Amendment. Act 27 added subsec. (g). 2000 Amendment. Act 111 amended subsec. (d). 1993 Amendment. Act 23 amended subsec. (a). Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, 1993, and to each license year thereafter. 1988 Amendment. Act 125 amended subsec. (b). Cross References. Section 2704 is referred to in sections 327, 2363, 2701, 2706 of this title; section 913 of Title 18 (Crimes and Offenses).

34 Pa.C.S. § 2705 Classes of licenses.

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: (1) Adult resident hunting licenses to residents who have reached their 17th birthday but have not reached their 65th birthday. (2) Junior resident hunting licenses to residents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, bearing the signature of a parent or guardian, for the issuance of a license. 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. (3) Senior resident hunting licenses or, at the option of the applicant, a senior lifetime resident hunting license to residents who have reached or will reach their 65th birthday in the license year of the application for the license. 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. (4) Adult resident furtaker licenses to residents who have reached their 17th birthday but have not reached their 65th birthday. (5) Junior resident furtaker licenses to residents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, containing the signature of a parent or guardian, for the issuance of a license. 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. (6) Senior resident furtaker licenses or, at the option of the applicant, a senior lifetime resident furtaker license to residents who have reached or will reach their 65th birthday in the license year of the application for the license. (7) Senior lifetime resident combination hunting and furtaking license, including archery and muzzleloader privileges, to residents who have reached or will reach their 65th birthday in the license year of the application for the license. 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. (7.1) Junior resident combination hunting and furtaker license, including archery and muzzleloader privileges, to residents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, containing the signature of a parent or guardian, for the issuance of a license. 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. (8) Adult nonresident hunting licenses to all nonresidents of 17 years of age or older. (9) Junior nonresident hunting licenses to all nonresidents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, bearing the signature of a parent or guardian, for the issuance of a license. 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. (10) Adult nonresident furtaker licenses to nonresidents of 17 years of age or older. (11) Junior nonresident furtaker licenses to nonresidents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, containing the signature of a parent or guardian, for the issuance of a license. 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. (11.1) Junior nonresident combination hunting and furtaker license, including archery and muzzleloader privileges, to nonresidents who have reached or will reach their 12th birthday in the license year of application for a license but who have not reached their 17th birthday prior to the date of the application for the license and who present a written request, containing the signature of a parent or guardian, for the issuance of a license. 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. (12) Seven-day nonresident small game license to persons eligible to procure a nonresident hunting license. 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. (13) Antlerless deer licenses, bear licenses, archery licenses, muzzleloader licenses and any other license required to insure just and proper administration of this title and sound game or wildlife conservation to eligible persons, subject to the regulations, requirements and conditions which the commission shall establish. 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. (14) Migratory game bird licenses for hunting all migratory game birds to eligible persons, subject to the regulations, requirements and conditions which the commission shall establish. 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. (15) Elk hunting license to persons eligible for classes of licenses in paragraphs (1), (2), (3), (7), (7.1), (8), (9) and (11.1). 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 2706 (relating to resident license and fee exemptions) and 2706.1 (relating to complimentary nonresident licenses). To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses. The commission may establish a nonrefundable application fee at a cost of $10. (16) Special wild turkey license to be used in conjunction with an adult or junior resident license, adult or junior nonresident license, senior resident license, senior resident lifetime license, senior lifetime resident combination hunting and furtaking license and junior resident and nonresident combination hunting and furtaking license when the commission by regulation authorizes the harvest of wild turkeys over and above the number of turkey harvest tags attached to the preceding licenses. (Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Dec. 17, 1990, P.L.687, No.170, eff. imd.; Aug. 5, 1991, P.L.217, No.24, eff. July 1, 1992; June 22, 1993, P.L.102, No.23, eff. imd.; Apr. 4, 1996, P.L.55, No.19, eff. imd.; Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999; Dec. 20, 2000, P.L.783, No.111; July 2, 2004, P.L.467, No.53, eff. 60 days) 2004 Amendment. Act 53 added par. (16). 2000 Amendment. Act 111 amended the entire section, effective in 60 days as to par. (15) and immediately as to the remainder of the section. Cross References. Section 2705 is referred to in sections 327, 2711, 2923 of this title.

34 Pa.C.S. § 2706 Resident license and fee exemptions.

(a) Agricultural lands.--Unless the privilege to hunt or take furbearers has been denied, any person domiciled within this Commonwealth who has reached their 12th birthday and attained accreditation as provided in section 2704 (relating to eligibility for license) and, as a primary means of gaining a livelihood, is regularly and continuously engaged in cultivating the soil for general farm crop purposes, commercial truck growing, commercial orchards or commercial nurseries, as either the owner, lessee or tenant of these lands, or as a member of the family or household, or regularly hired help of the owner, lessee or tenant, shall be eligible to hunt and take furbearers on these lands, including the woodlands connected therewith and operated as a part thereof, without a hunter's or furtaker's license as required in 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. (b) Disabled veterans.-- (1) Any resident disabled veteran who has a disability incurred in any war or armed conflict which consists of the loss of one or more limbs, or the loss of the use of one or more limbs, or who is 100% disabled as certified by the United States Department of Veterans Affairs, and who meets all other qualifications of this title and is otherwise mentally and physically fit, shall be issued a free regular hunting or furtaking license upon application to the commission or a county treasurer. (1.1) Any disabled veteran who has a disability incurred in any war or armed conflict and possesses a disability rating between 60% and 99% as certified by the United States Department of Veterans Affairs and who meets all other qualifications of this act and is otherwise mentally and physically fit shall be issued a resident hunting or furtaking license at the cost of $1 upon application to the commission or a county treasurer. (2) The application for the issuance of a license under paragraph (1) or (1.1) shall, in addition to the other information required by the commission, contain a statement that the applicant is a war or armed conflict veteran and that the qualifying disability was service incurred. (3) The issuing agent or the commission may require the production of the discharge papers of the applicant. (4) If a disabled veteran who qualifies for issuance of a license under paragraph (1) presents documentation to show that the qualifying disability is permanent, the county treasurer shall issue the disabled veteran a lifetime hunting or furtaking license. (5) In a county where there is no county treasurer by virtue of a home rule charter or optional plan of government, the county official who performs the functions of a county treasurer and who has been designated an issuing agent by the commission shall issue licenses under this subsection. (b.1) Prisoners of war.--A former prisoner of war shall be entitled to purchase a resident hunting license at the cost of $1 plus the current issuing fee upon application to the commission. 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. (c) Landowner antlerless deer license.--Eligible landowners who own 50 or more contiguous acres of land within any county where the landowners desire to hunt antlerless deer shall be entitled to obtain one antlerless deer license for that county, at the prescribed fee, issued to one and only one person whose name appears on the deed. 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: (1) The 50 or more contiguous acres of land are owned by a natural person individually or as tenants by the entirety, or by a corporation of four or fewer shareholders, or by tenants in common of four or fewer natural persons. (2) The 50 or more contiguous acres of land are open to public hunting and trapping and shall remain open to hunting and trapping during the hunting license year for which the antlerless deer license is issued. (3) The applicant for an antlerless deer license shall furnish proof of ownership of 50 or more contiguous acres of land to the county treasurer within the county where the land is situated. (d) Owners or possessors of land open to public hunting.--A resident owner or possessor of land, comprising greater than 80 contiguous acres farmed under a conservation plan which does not conflict with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, and which meets the requirements of 25 Pa. Code Ch. 102 (relating to erosion control), shall, if he permits public hunting as evidenced by enrollment in a Cooperative Public Access Program, be entitled to purchase a Landowners Hunting License at the cost of $3 plus the current issuing fee. The 80-acre requirement shall be exclusive of safety zones in excess of 20% of the total acreage. 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 2704 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. (e) Military personnel hunting licenses.--Resident military personnel hunting licenses shall be issued by the commission, county treasurer or issuing agent to persons who satisfy all of the following requirements: (1) Are residents of this Commonwealth. (2) Are on active and full-time duty in the United States Armed Forces. (3) Are assigned to a facility outside this Commonwealth. (4) Are on temporary leave in this Commonwealth. Such persons shall comply with the regulations of the commission. (f) Pennsylvania National Guard hunting licenses.-- (1) Pennsylvania National Guard hunting licenses shall be issued by the commission, county treasurer or issuing agent to any person otherwise eligible for a resident hunting license in this Commonwealth who provides documentation that within the previous 24 months the person was deployed overseas as a member of the Pennsylvania Army National Guard or Air National Guard on active Federal service for a period of 60 consecutive days or more or was released early from such service because of an injury or disease incurred in the line of duty. Only one Pennsylvania National Guard hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license. (2) The commission may promulgate regulations to implement this subsection. (g) Reserve component of armed forces hunting licenses.-- (1) Reserve component of the armed forces hunting licenses shall be issued by the commission, county treasurer or issuing agent to any person otherwise eligible for a resident hunting license in this Commonwealth who provides documentation that within the previous 24 months the person was deployed overseas as a member of the reserve component of the armed forces pursuant to 51 Pa.C.S. § 7301 (relating to definitions) for a period of 60 consecutive days or more or was released early from service because of an injury or disease incurred in the line of duty. Only one hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license. (2) The commission may promulgate regulations to implement this subsection. (h) Volunteer instructor license.-- (1) A volunteer instructor license shall be issued by the commission to an individual who meets all of the following: (i) Is a resident of this Commonwealth. (ii) Is certified by the commission as qualified to teach any of the hunter or trapper education curricula offered by the commission. (2) This subsection may not apply to a full-time employee of the commission. (Dec. 17, 1990, P.L.687, No.170, eff. July 1, 1991; Dec. 19, 1996, P.L.1442, No.184, eff. July 1, 1997; Dec. 30, 2003, P.L.436, No.63, eff. July 1, 2004; July 5, 2005, P.L.55, No.19, eff. imd.; July 5, 2005, P.L.56, No.20, eff. imd.; July 7, 2011, P.L.283, No.64, eff. 60 days; June 13, 2012, P.L.637, No.64, eff. imd.; June 26, 2014, P.L.803, No.80, eff. 60 days; Jan. 26, 2022, P.L.14, No.3, eff. 60 days) 2022 Amendment. Act 3 added subsec. (h). 2014 Amendment. Act 80 amended subsec. (b). 2012 Amendment. Act 64 amended subsecs. (f)(1) and (g)(1). 2011 Amendment. Act 64 amended subsecs. (e), (f) and (g). 2005 Amendments. Act 19 added subsec. (b.1) and Act 20 added subsecs. (f) and (g). 1990 Amendment. Act 170 added subsec. (d). Cross References. Section 2706 is referred to in sections 2701, 2704, 2705, 2709 of this title.

34 Pa.C.S. § 2706.1 Complimentary nonresident licenses.

(a) Authority to issue.--Subject to the limitations of subsection (b), the commission is authorized to issue complimentary nonresident hunting licenses to any of the following: (1) The Chief Executive of the United States. (2) The governor of any state. (3) Authorized representatives of the conservation agencies of other states. (4) Federal officials engaged in conservation work. (5) Authorized officials of national conservation organizations. (6) Conservation officials of any foreign country or major subdivisions of that foreign country. (7) Representatives of the press, television, movie or other media whose activities enhance tourism potential for the Commonwealth. (b) Limitation.--Complimentary licenses issued under subsection (a) shall be limited to 100 annually. (c) Fees.--All complimentary licenses shall be issued without fee and shall be designated in a unique manner by the commission. (d) Report.--The commission shall make an annual report listing each person who received a license under subsection (a) to all of the following: (1) The Appropriations Committee of the Senate. (2) The Appropriations Committee of the House of Representatives. (3) The Game and Fisheries Committee of the Senate. (4) The Game and Fisheries Committee of the House of Representatives. (June 28, 1993, P.L.178, No.37, eff. imd.) 1993 Amendment. Act 37 added section 2706.1. Cross References. Section 2706.1 is referred to in section 2705 of this title.

34 Pa.C.S. § 2706.2 Elk hunting licenses.

(a) Application limitation.--Whenever the commission makes a determination to authorize a hunting season for the taking of elk, no person may submit more than one application for an elk hunting license in any license year. 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. (b) Special conservation license auction.--The commission is authorized to auction off a special license to hunters interested in the opportunity to hunt one elk subject to the following: (1) One license shall be auctioned annually. (2) The auction shall be open to residents and nonresidents of this Commonwealth. (3) The commission may, under 62 Pa.C.S. Pt. 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. (4) The contracted organization under paragraph (3): (i) May retain administrative costs associated with the auction. The administrative costs shall be determined and agreed to by the contracted organization receiving the license prior to the license being awarded. (ii) Shall return the proceeds remaining after retention of administrative costs under subparagraph (i) to the commission to be used pursuant to the contract under paragraph (3) in a manner consistent with the commission's elk management plan. (iii) Shall report annually to the commission on the use of the proceeds from the auction. The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the auction. (5) All license fees shall be paid to the commission. (6) (Deleted by amendment). (c) Special-license fundraiser.--In addition to any other elk license provided for under this section, the commission may hold a special-license fundraiser for hunters interested in the opportunity to hunt one elk, subject to the following: (1) The commission may enter into a contract with a Pennsylvania-based nonprofit organization whose primary mission is the advancement of education, stewardship and habitat for the elk population in this Commonwealth and that is a participant in a public-private partnership for the management and operation of the Elk Country Visitor Center in Benezette Township, Elk County, to auction or raffle one elk license annually. (2) The entity which contracts with the commission under paragraph (1) may conduct a fundraiser for the opportunity for interested hunters to purchase the elk license. 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. (3) The entity which contracts with the commission under paragraph (1) may retain administrative costs associated with the auction. The administrative costs shall be determined and agreed to by the entity receiving the license prior to the license being awarded. (4) The proceeds remaining after retention of administrative costs under paragraph (3) shall be returned to the commission and shall be used pursuant to the contract under paragraph (1) in a manner consistent with the commission's elk management plan. (5) The entity shall report annually to the commission on the use of the proceeds from the special-license fundraiser. The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the special-license fundraiser. (6) (Deleted by amendment). (d) Background check.--A recipient selected to receive a license under subsection (b) or (c) must be subjected to a background check prior to being awarded the license. 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. (Dec. 20, 2000, P.L.783, No.111, eff. 60 days; Oct. 9, 2008, P.L.1375, No.101, eff. 60 days; July 9, 2014, P.L.1016, No.116, eff. imd.; Nov. 21, 2016, P.L.1317, No.168, eff. 60 days) 2016 Amendment. Act 168 deleted subsec. (c)(6). 2014 Amendment. Act 116 reenacted and amended the entire section.

34 Pa.C.S. § 2707 License periods.

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.

34 Pa.C.S. § 2708 Application requirements.

(a) General rule.--Applicants for any class of license shall be required to submit a legible application or to provide such information as may be required by the director, including the class of license desired, in such form as may be required by the director. 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. (b) Electronic filing.--On electronically filed license applications and affidavits, signature requirements shall be deemed met upon conferral of the applicant's valid credit or debit card number and expiration date. 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. (c) Additional policies.--The director, with approval of the commission, may establish additional policies and procedures as necessary for accepting and processing electronically filed license applications and affidavits. (Dec. 20, 2000, P.L.783, No.111, eff. 60 days)

34 Pa.C.S. § 2709 License costs and fees.

(a) License costs.--Any person who qualifies under the provisions of this chapter shall be issued the applicable license upon payment of the following costs and the issuing agent's fee: (1) (i) Junior resident hunting - $5. (ii) Junior resident combination hunting and furtaker - $8. (2) (i) Adult resident hunting - $19. (ii) Resident military personnel hunting - $1. (iii) Former prisoner of war hunting - $1. (iv) Pennsylvania National Guard hunting - $1. (v) Reserve component of the armed forces hunting - $1. (vi) Volunteer instructor license - $1. (3) (i) Senior resident hunting - $12. (ii) Senior lifetime resident hunting - $50. (iii) Senior lifetime resident combination hunting and furtaker - $100. (4) Bear hunting: (i) Resident - $15. (ii) Nonresident - $35. (5) Antlerless deer: (i) Resident, including resident military, resident disabled veteran and landowner - $5. (ii) Nonresident - $25. (6) Archery deer: (i) Resident - $15. (ii) Nonresident - $25. (7) Muzzleloader deer: (i) Resident - $10. (ii) Nonresident - $20. (8) (Reserved). (9) Adult nonresident hunting - $100. (10) (i) Junior nonresident hunting - $40. (ii) Junior nonresident combination hunting and furtaker - $50. (11) Seven-day nonresident small game - $30. (12) Junior resident furtakers - $5. (13) Adult resident furtakers - $19. (14) (i) Senior resident furtakers - $12. (ii) Senior lifetime resident furtaker - $50. (15) Adult nonresident furtaker - $80. (16) Junior nonresident furtaker - $40. (17) Resident disabled veteran hunting or furtaker under section 2706(b) (relating to disabled veterans) - no cost. (18) Replacement license - $5. Antlerless deer and bear licenses shall be replaced by the original issuing agent only. (19) Owners or possessors of land open to public hunting under section 2706(d) (relating to owners or possessors of land open to public hunting) - $3. (20) Migratory game bird hunting license: (i) Resident - $2. (ii) Nonresident - $5. (21) Elk hunting license: (i) Resident - $25. (ii) Nonresident - $250. (22) Special wild turkey license: (i) Resident - $20. (ii) Nonresident - $40. (b) Refunds.--Except as provided in section 501 (relating to refund of moneys paid erroneously or unjustly), license fees are not refundable. (c) Agent fee.--Issuing agents shall be entitled to and may retain as full compensation for their services an additional sum of $1 for each license or replacement license. (d) PALS transaction costs.--The fee for the transaction costs associated with the Pennsylvania Automated Licensing Service shall be limited to actual costs and may not exceed $1. (Dec. 17, 1990, P.L.687, No.170; Apr. 4, 1996, P.L.55, No.19, eff. imd.; Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999; Dec. 20, 2000, P.L.783, No.111, eff. 60 days; Dec. 30, 2003, P.L.436, No.63, eff. 60 days; July 2, 2004, P.L.467, No.53, eff. 60 days; July 5, 2005, P.L.55, No.19, eff. imd.; July 5, 2005, P.L.56, No.20, eff. imd.; July 17, 2009, P.L.91, No.22, eff. imd.; Jan. 26, 2022, P.L.14, No.3, eff. 60 days) 2022 Amendment. Act 3 added subsec. (a)(2)(vi). 2009 Amendment. Act 22 added subsec. (d). 2005 Amendments. Act 19 amended subsec. (a)(2) and Act 20 amended subsec. (a)(2). 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. (a)(2). 2004 Amendment. Act 53 added subsec. (a)(22). 2003 Amendment. Act 63 amended subsec. (a). Cross References. Section 2709 is referred to in section 2712 of this title.

34 Pa.C.S. § 2710 Replacement of lost licenses.

(a) Regular licenses.--Any holder of a license who in any manner suffers the theft, destruction, mutilation or loss of the license shall be issued a replacement license upon: (1) Application to the commission or to any issuing agent. (2) The execution of the affidavit and application form provided for that purpose. (3) The forfeiture of any remaining portions of the lost license. (4) The payment of the prescribed cost and fee. The issuing agent shall indicate on the face of the license the word "replacement," together with the number of the original license. (b) Special licenses.--Special licenses lost in or by the United States Postal Service shall be replaced by the issuing agent at a reasonable fee set by the commission. An affidavit shall be submitted by the applicant for the replacement of any lost special license.

34 Pa.C.S. § 2711 Unlawful acts concerning licenses.

(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to: (1) Hunt or take any game or wildlife by any means or manner or device, including the use of dogs, without first securing and personally signing the required license. The required license must be carried on person when hunting, furtaking or taking any game or wildlife within this Commonwealth. (2) Procure a license in a name other than the person's legal name, furnish an address other than his legal place of residence and domicile or make any false or misleading statement whatsoever in securing a license. (3) Lend or transfer in any manner whatsoever a license or game or wildlife kill tag to any other person regardless of the purpose. (4) Issue, acquire or aid, assist or conspire, either for that person or any other person, in procuring any hunting or furtaking license for which that person is not legally entitled thereto. (5) Possess while hunting or taking game or wildlife or going to or from hunting or taking game or wildlife any report card, license tag, license stamp or game or wildlife kill tag belonging to another. (6) Except as provided under section 2705 (relating to classes of licenses), receive a hunting or furtaking license under any circumstances if under 12 years of age. (7) Receive a hunting or furtaking license without presenting a written request executed by a parent or legally constituted guardian if under 17 years of age. (8) Use firearms of any kind or a bow and arrow for the purpose of hunting any game or wildlife or attempting to take or kill any game or wildlife by hunting or trapping if under 12 years of age or when hunting or trapping any game or wildlife or attempting to hunt or trap any game or wildlife if between 12 and 14 years of age, unless accompanied by a parent or a person 18 years of age or older serving in loco parentis or as guardian or some other family member 18 years of age or older or when hunting if between 14 and 16 years of age, unless accompanied by a person 18 years of age or older. 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 2363 (relating to trapping exception for certain persons). (9) (Deleted by amendment). (10) Hunt or take, or aid, assist or attempt to hunt or take, furbearers or take any game or wildlife anywhere in this Commonwealth, either with or without a license, or make application, receive or attempt or conspire to receive any license required by this chapter, during any period that these privileges have been denied or withdrawn by this title, by the director or by a magisterial district judge or court. (11) Conspire to or duplicate, reproduce, alter, forge or counterfeit any permit, license, tag or stamp required by this title. (12) While exercising any of the privileges granted by any license provided for in this title, refuse or fail to satisfactorily provide positive identification or proof of license to any landowner upon whose land that person may be occupying or to any officer whose duty it is to enforce this title. (13) Violate any regulations promulgated under the authority of this subchapter. (a.1) Exemption.--For the sole purpose of implementing and enhancing a mentored hunting program within this Commonwealth, the commission may establish regulations exempting certain limited hunting activities from the prohibitions specified in subsection (a)(1), (3), (5) and (8). 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. A person 17 years of age or older may participate in a mentored hunting program as a mentored hunter in no more than three licensing years. (b) Penalties.--A violation of this subchapter relating to: (1) Subsection (a)(1) insofar as it relates to hunting or furtaking without a valid license or licenses required is a summary offense of the third degree. (2) Subsection (a)(1) insofar as it relates to signing a license is a summary offense of the eighth degree. (3) Subsection (a)(2), (3), (4), (5) or (12) is a summary offense of the fifth degree. (4) Subsection (a)(6), (7) or (8) is a summary offense of the seventh degree. (5) Subsection (a)(10) or (11) is a summary offense 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 five years. (6) Any of the other provisions of this subchapter or the regulations promulgated thereunder is a summary offense of the fifth degree. (c) Separate offenses.--Each day of violation or each illegal act constitutes a separate offense. (June 22, 1993, P.L.102, No.23, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days; June 24, 2011, P.L.46, No.9, eff. imd.; Dec. 15, 2011, P.L.441, No.107, eff. 60 days; May 15, 2013, P.L.26, No.7, eff. 60 days) Amendment. Act 7 amended subsec. (a.1). 2011 Amendment. Act 107 amended subsecs. (a)(1) and (12) and (b)(2) and (3) and deleted subsec. (a)(9). 2010 Amendment. Act 54 amended subsecs. (a)(4) and (b). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice. 2004 Amendment. Act 207 amended subsec. (a)(10). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1993 Amendment. Act 23 amended subsec. (a)(6). Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, 1993, and to each license year thereafter. Cross References. Section 2711 is referred to in section 2923 of this title.

34 Pa.C.S. § 2712 Vouchers for licenses and permits.

(a) General rule.--The commission may make available, at its offices and through its issuing agents, vouchers for licenses and permits that may be purchased on behalf of a third party. The voucher shall be in the format prescribed by the commission and shall contain the following information: (1) A voucher number. (2) The identifying number of the issuing agent. (3) The type of license or permit for which the voucher may be redeemed. (4) The date of issuance. (5) The date of expiration. (b) Fees.--A person purchasing a voucher shall pay the costs for the type of license or permit being purchased and the issuing agent fee as provided in sections 2709 (relating to license costs and fees) and 2904 (relating to permit fees). (c) Redemption.--The voucher shall only be redeemed for the type of license or permit indicated on the voucher and for which the applicable fees have been paid by the voucher purchaser. Vouchers shall be redeemed prior to their expiration date. No issuing agent fee shall be paid at the time of redemption. A voucher shall be redeemed by any issuing agent regardless of where the voucher was purchased. At the time of redemption, the bearer of a voucher shall establish that the bearer meets the eligibility requirements for the type of license or permit indicated on the voucher, and the issuing agent that redeems the voucher shall secure positive proof of identification, residency and age from the bearer. (d) Restrictions.--The bearer of a voucher is subject to all restrictions relating to the issuance, denial or revocation of a license or permit provided in this title or any other title, law or regulation. A voucher does not constitute a hunting or furtaker license or permit, and it is unlawful to use a voucher in lieu of a hunting or furtaker license or permit. (e) Regulations.--The commission may promulgate regulations to implement this section. (f) Penalties.--Any person violating this section or the regulations promulgated under this section commits a summary offense of the fifth degree. (July 9, 2008, P.L.927, No.67, eff. 60 days) 2008 Amendment. Act 67 added section 2712.

34 Pa.C.S. § 2721 License issuance supervision.

The issuance of all hunting and furtaking licenses and other essential related functions shall be under the direct supervision of the commission and made upon forms provided for that purpose and in accordance with the regulations of the commission.

34 Pa.C.S. § 2722 Authorized license-issuing agents.

(a) County treasurer and commission employees.--Each county treasurer or, in home rule or optional plan counties, the person whose duties encompass those of a county treasurer, whose agency has not been recalled under this title, shall accept applications and issue licenses in accordance with this title. The director may also designate commission employees at commission facilities to issue licenses. (b) Agents for issuing antlerless deer licenses.--Antlerless deer licenses shall be issued only by the commission or by authorized license-issuing agents designated by the director and shall be available through the Pennsylvania Automated Licensing Service. (c) Agent for issuing bear and nonresident furtaker licenses.--Bear and nonresident furtaker licenses shall be issued only by the commission or by authorized license-issuing agents designated by the director. (d) Appointment of additional agents.--The commission may appoint such number of qualified persons, with similar authority, as it deems necessary for the efficient distribution of licenses required by this title. (e) Agent responsible for employees.--The authorized agent shall be solely responsible for each person acting under his direction. (f) Recall of appointment or authority.--The director may recall the appointment or authority of any county treasurer or other agent at any time. (g) Regulations.--The commission shall adopt regulations for: (1) The appointment of hunting or furtaker license-issuing agents and shall establish the appropriate administrative fee for creating and maintaining these issuing agents. County treasurers shall be exempt from the payment of any administrative fee established by the commission. (2) The administration, control and performance of activities conducted pursuant to the provisions of this chapter. (Dec. 17, 1990, P.L.687, No.170, eff. imd.; Nov. 3, 2022, P.L.2133, No.148, eff. 60 days) 2022 Amendment. Act 148 amended subsec. (b).

34 Pa.C.S. § 2723 Agent bonding requirements.

Except for agents already under bond to receive and disburse public funds, every other agent shall furnish security in a form satisfactory to the commission and in an amount approved by the commission.

34 Pa.C.S. § 2724 Record of license sales.

(a) Daily record.--Each place where licenses are sold shall maintain a complete daily record of all license and voucher transactions, including applications received, in the manner and form prescribed by the director. The applications, licenses and records shall be made available, during normal business hours, for immediate inspection to any officer charged with the enforcement of this title or any representative of the Office of the Auditor General or Attorney General. (b) Monthly report.--Within five days following the first day of each month, each issuing agent shall forward to the director, on forms supplied by the commission, a complete report of licenses and vouchers issued, in correct numerical sequence, together with all moneys collected from the sale of licenses and any other information required by the director. (July 9, 2008, P.L.927, No.67, eff. 60 days)

34 Pa.C.S. § 2725 Remitting funds to commission.

(a) Deposit of funds.--All funds derived from this source shall be deposited in the Game Fund. (b) Failure to comply.--Any issuing agent who fails to comply with any of the provisions of this title or regulations adopted thereunder relating to the issuance, recording of data or remitting costs for licenses issued shall not be entitled to retain the sum fixed for his services. These sums shall be paid to the commission and, if not paid, may be recovered by the commission, by suit. Delinquent agents are subject to a penalty of 10% payable to the commission on any outstanding balance of license money due the commission, which penalty shall be compounded on a monthly basis. Delinquent agents shall be recalled after a delinquency period of 30 days.

34 Pa.C.S. § 2726 Unlawful acts concerning agents.

(a) General rule.--It is unlawful for an agent or his representative to knowingly: (1) Issue any license: (i) To any person not fully qualified for or entitled to the license. (ii) To one whose privilege to hunt or take game or wildlife has been denied by the commission or by a magisterial district judge or court. (iii) Without first securing the fees, affidavits, applications or other documents required by this title. (iv) Without first securing satisfactory identification. (v) At a fee greater than the fee prescribed in this title or by the commission. (2) Violate any of the other provisions of this subchapter. (b) Penalty.--A violation of this subchapter or regulations promulgated thereunder is a summary offense of the fifth degree. Each license, stamp or permit involved in a violation constitutes a separate offense. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a)(1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

34 Pa.C.S. § 2741 Denial or revocation of licenses.

(a) Grounds for denial.--A hunting or furtaking license shall be refused any person who: (1) Has been denied the privilege to secure that license in any manner by this title. (2) Has been certified to the commission by a licensed medical authority or by any court of this Commonwealth having jurisdiction to be mentally or physically unfit or addicted to alcohol or controlled substances to the degree that the person is unfit to exercise any of the privileges of this title. (b) Violations.--In addition to any penalty and costs imposed by this title, the commission may revoke any hunting or furtaking license and deny any person the privilege to secure a license or to hunt or take furbearers anywhere in this Commonwealth, with or without a license, if the licensee or person: (1) Has either been convicted or signed an acknowledgment of guilt of violating any of the provisions of this title for such periods as are specified in this subchapter. (2) Has been accused of having violated any of the following provisions even though such person has not been convicted of a violation of these sections: Section 2501 (relating to hunting or furtaking prohibited while under influence of alcohol or controlled substance). Section 2505 (relating to safety zones). Section 2509 (relating to damage to property). Section 2522 (relating to shooting at or causing injury to human beings). Section 2523 (relating to rendering assistance after incidents). (c) Authority of court.--Any magisterial district judge or court having jurisdiction in any case coming before it involving any of the offenses contained in this title may revoke a hunting or furtaking license and deny the privilege to secure a license or to hunt or take furbearers anywhere in this Commonwealth, with or without a license, as set forth in this title. (Dec. 30, 2003, P.L.436, No.63, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

34 Pa.C.S. § 2742 Period of revocation.

(a) First offense.--Except as otherwise provided, for the first offense any person convicted or having signed an acknowledgment of guilt of violating any of the provisions of this title may be denied the privilege to hunt or take wildlife anywhere in this Commonwealth, with or without a license, for a period not to exceed three years as the commission determines. (b) Second or subsequent offense.--Except as otherwise provided, any person convicted or having signed an acknowledgment of guilt of a second or subsequent offense of violating any of the provisions of this title may be denied the privilege to hunt or take game or wildlife anywhere in this Commonwealth, with or without a license, for such period as the commission determines. (c) Clemency from revocation.--The commission shall not revoke the privilege to hunt or take game or wildlife anywhere in this Commonwealth for an unlawful taking or possession of game or wildlife violation if all of the following conditions are met: (1) The unlawful taking or possession of game or wildlife violation is the person's first unlawful taking or possession of game or wildlife offense. (2) The person complies with all of the procedural requirements set forth in section 2306(c)(1), (2) or (3) (relating to killing game or wildlife by mistake) concerning removal of entrails, tagging, reporting, delivery of carcass and providing a written, sworn statement. (3) The unlawful taking of game or wildlife violation occurs during: (i) an open season within the applicable wildlife management unit for the species involved; or (ii) a closed season within the applicable wildlife management unit for the species involved, but only if there was an open season within an adjacent wildlife management unit for the same species. (4) The person pleads guilty to the applicable unlawful taking or possession of game or wildlife violation charged. (5) The unlawful taking or possession of game or wildlife violation does not involve a threatened or endangered species. (6) There are no relevant aggravating circumstances present concerning the unlawful taking or possession of game or wildlife violation. (Feb. 15, 2018, P.L.6, No.3, eff. 60 days) 2018 Amendment. Act 3 added subsec. (c).

34 Pa.C.S. § 2743 Notice of denial or revocation.

To revoke a license then in force or to deny any person the privilege to secure a license or to hunt or take game or wildlife anywhere in this Commonwealth for any period, the commission shall send a written notice to that effect to the person at the last known address by United States Postal Service with provisions for return of a signed receipt or a receipt of nondelivery. The return of an undeliverable notice shall be proof of service and shall not be used as a defense against the denial or revocation of the privilege to secure a license.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=34Fetched: 10/16/2026

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