Pennsylvania Act 2005-86 — GAME CODE (34 PA.C.S.) - UNLAWFUL DEVICES AND METHODS AND LICENSE REQUIREMENTS

Act text

GAME CODE (34 PA.C.S.) - UNLAWFUL DEVICES AND METHODS AND LICENSE
                               REQUIREMENTS
                  Act of Dec. 22, 2005, P.L. 452, No. 86              Cl. 34
                             Session of 2005
                               No. 2005-86

     HB 1690

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for unlawful devices and methods
        and for license requirements.

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

        Section 1.  Sections 2308(b) and 2701(a) of Title 34 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 2308.  Unlawful devices and methods.
        * * *
        (b)  Exceptions.--The provisions of subsection (a) shall not
     apply to:
            (1)  Any archery sight or firearm's scope which contains
        and uses any mechanical, photoelectric, ultraviolet or solar-
        powered device to solely illuminate the sight or crosshairs
        within the scope. No archery sight or firearm's scope shall
        contain or use any device, no matter how powered, to project
        or transmit any light beam, infrared beam, ultraviolet light
        beam, radio beam, thermal beam, ultrasonic beam, particle
        beam or other beam outside the sight or scope onto the
        target.
            (2)  (i)  Any political subdivision, its employees or
            agents, which has a valid deer control permit issued
            under section 2902(c) (relating to general categories of
            permits).
                (ii)  Any licensed hunter in cities of the first
            class, while hunting on private property and using a bow
            and arrow or crossbow, using bait to attract deer for
            removal as provided by commission regulations.
                (iii)  Any licensed hunter in special regulation
            areas, other than counties of the second class, using
            bait to attract deer for removal as provided by
            commission regulations.
            (3)  Any artificial or manufactured turkey blind
        consisting of all manmade materials of sufficient density to
        block the detection of movement within the blind from an
        observer located outside of the blind.
            (4)  Any natural or manmade nonliving bait used to
        attract coyotes for hunting or trapping.
            (5)  Any electronic or mechanical device used to attract
        coyotes for hunting or trapping.
            (6)  Any decoy used in the trapping or hunting of
        furbearers.
        * * *
      § 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 youth
     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.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 22nd day of December, A. D. 2005.

     EDWARD G. RENDELL