Pennsylvania Act 1990-180 — FISH BOAT CODE (30 PA.C.S.) AND WILDLIFE CODE (34 PA.C.S.) - AMEND

Act text

FISH BOAT CODE (30 PA.C.S.) AND WILDLIFE CODE (34 PA.C.S.) - AMEND
                 Act of Dec. 17, 1990, P.L. 724, No. 180              Cl. 30
                             Session of 1990
                               No. 1990-180

                                  AN ACT

     HB 876

     Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
        Consolidated Statutes, further providing for certain fish
        permits; further providing for the powers and duties of Game
        Commission officers; and further providing for hunting on
        Sunday.

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

        Section 1.  Section 2904 of Title 30 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2904.  Permits for protection and management of particular
                    fish.
        [The] (a)  General rule.--Except as provided in subsections
     (b) and (c), the executive director, with the approval of the
     commission, may require permits for the taking, catching,
     killing, possession, introduction, removal, importing,
     transporting, exporting or disturbing of fish when it is
     determined that the permits may be needed to insure proper
     protection and management of any species of fish. The commission
     may establish fees for the issuance of permits and may
     promulgate rules and regulations concerning the issuance and
     provisions of the permits. Permits issued under this section may
     be revoked at any time at the discretion of the commission.
        (b)  Limit on fees.--The commission shall not establish a fee
     in excess of $5 per permit for taking, catching, killing,
     possession, introduction, removal, importing, exporting or
     disturbing of trout and salmon.
        (c)  Limit on permits.--The commission shall not issue
     permits under the authority of this section for the taking,
     catching, killing, possession, introduction, removal, importing,
     exporting or disturbing of any game fish other than trout or
     salmon. This subsection shall not affect the issuance of permits
     for tagged fish contests in boundary lakes.
        Section 2.  Section 901 of Title 34 is amended by adding a
     paragraph to read:
      § 901.  Powers and duties of enforcement officers.
        Any officer whose duty it is to enforce this title or any
     officer investigating any alleged violation of this title shall
     have the power and duty to:
            * * *
            (17)  When acting within the scope of the officer's
        employment, pursue, apprehend or arrest any individual
        suspected of violating any provision of Title 18 (relating to
        crimes and offenses) or any other offense classified as a
        misdemeanor or felony. 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.
        Section 3.  Sections 902 and 2303 of Title 34 are amended to
     read:
      § 902.  Deputy Game Commission officers.
        [Deputy] Except for the power conferred under section 901(17)
     (relating to powers and duties of enforcement officers), deputy
     Game Commission officers shall, unless further restricted by the
     director, exercise all the powers and perform all the duties
     conferred by this title on Game Commission officers.
      § 2303.  Hunting on Sunday prohibited.
        (a)  General rule.--Except as otherwise provided in this
     title, it is unlawful for any person to hunt for any furbearer
     or game on Sunday.
        (b)  Construction of section.--This section shall not be
     construed to prohibit:
            (1)  The training of dogs.
            (2)  The participation in dog trials as provided for in
        this title.
            (3)  The removal of lawfully taken game or wildlife from
        traps or the resetting of the traps on Sunday.
        (b.1)  Exception.--Subsection (a) shall not apply to the
     hunting of foxes.
        (c)  Penalty.--A violation of this section is a summary
     offense of the fifth degree.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 17th day of December, A. D. 1990.

     ROBERT P. CASEY