Pennsylvania Act 2004-48 — GAME CODE (34 PA.C.S.) - LAWFUL COOPERATION OR ASSISTANCE BY UNLICENSED PERSONS

Act text

GAME CODE (34 PA.C.S.) - LAWFUL COOPERATION OR ASSISTANCE BY UNLICENSED
                                 PERSONS
                  Act of Jun. 28, 2004, P.L. 452, No. 48              Cl. 34
                             Session of 2004
                               No. 2004-48

     HB 659

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for lawful cooperation or
        assistance by unlicensed persons.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 2301(b) and 2701 of Title 34 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 2301.  Prima facie evidence of hunting.
        * * *
        (b)  Lawful cooperation or assistance.--Notwithstanding any
     other provision of this title to the contrary, any person who
     has lawfully taken the bag or season limit for a particular
     species of game or wildlife or any person who meets the
     requirements of section 2701(c) (relating to license
     requirements) may aid, assist, abet or cooperate in any manner
     specified by this title or commission regulations with another
     person who is engaged in any lawful activity permitted by this
     title or the regulations of the commission.
      § 2701.  License requirements.
        (a)  General rule.--Except in defense of person or property
     or pursuant to exemptions authorized in this title, 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.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 28th day of June, A. D. 2004.

     EDWARD G. RENDELL