34 Pa.C.S. Ch. 5

in effect

34 Pa.C.S. § 5 Transition provisions.

(a) Continuance of members of Game Commission.-- (1) The members of the Pennsylvania Game Commission in office on the date when this act becomes effective shall constitute the Pennsylvania Game Commission and shall hold their offices as members of the Pennsylvania Game Commission until their successors are appointed as provided by 34 Pa.C.S. § 301 (relating to organization of commission). (2) The provisions of 34 Pa.C.S. § 301(c) (relating to term of office and compensation) insofar as they impose limits on the number of terms or years of service shall not apply to the members of the Pennsylvania Game Commission in office on the effective date of this act, who shall be eligible for reappointment without regard to the limitations. (b) Restoration of certain revoked privileges.--Any person whose hunting and trapping privileges are now revoked under the provisions of section 315(4) of The Game Law shall have such privileges restored upon the date when this act becomes effective. This subsection shall not be construed to affect any other revocation period imposed under other provisions of The Game Law. (c) Regulations, permits, etc.--All rules, regulations, orders, permits, decisions and other actions of the Pennsylvania Game Commission shall remain in full force and effect until modified, repealed, suspended, superseded or otherwise changed by appropriate action of the Pennsylvania Game Commission. (d) Licenses.--This act shall apply to the license year beginning July 1, 1987, and each year thereafter. For the months of July and August 1987, hunting licenses issued for the license year 1986 or for the license year 1987 shall be valid for any activities permitted under 34 Pa.C.S. (relating to game) of the Pennsylvania Consolidated Statutes. Explanatory Note. Act 93 added Chapters 1, 3, 5, 7, 9, 21, 23, 25, 27 and 29 of Title 34. § 6. Saving provision. The provisions of 34 Pa.C.S. (relating to game) as added by this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty, or punish any offense, under the authority of any statute repealed by this act. 2004, NOVEMBER 30, P.L.1618, NO.207 § 28. Applicability. This act shall apply as follows: (1) Except as otherwise provided in paragraph (2), any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. (2) Paragraph (1) shall not apply to the provisions of 71 Pa.C.S. Explanatory Note. Act 207 amended sections 102, 925, 2511, 2512, 2711, 2726 and 2741 of Title 34.

34 Pa.C.S. § 501 Refund of moneys paid erroneously or unjustly.

Whenever the director is satisfied that any fee, fine or any other moneys paid into the Game Fund under any of the provisions of this title or any other statute were erroneously or unjustly collected and deposited, the director, upon receipt of a petition for a refund within two years after the deposit, may authorize a requisition in favor of the person from whom the money was erroneously or unjustly collected for the amount involved. Upon receipt of the requisition, the proper official shall draw a warrant in favor of the person from whom the fee, fine or other money was erroneously or unjustly collected. Cross References. Section 501 is referred to in section 2709 of this title.

34 Pa.C.S. § 502 Collection fee for uncollectible checks.

(a) General rule.--Whenever any check or similar instrument issued in payment of any fee or fine or for any other purpose under this title is returned to the commission as uncollectible, the person who makes, issues or presents the check or other instrument shall be charged a $25 fee to be credited to the Game Fund. This fee shall be in addition to any costs of prosecution or penalties assessed as a result of the uncollectible check or instrument. (b) Voidness for uncollectibility.--Any license, permit, voucher or privilege granted by the uncollectible check or other instrument shall be void until all fees are paid by a negotiable check or instrument. (July 9, 2008, P.L.927, No.67, eff. 60 days) 2008 Amendment. Act 67 amended subsec. (b).

34 Pa.C.S. § 521 Establishment and use of Game Fund.

(a) General rule.--Except as otherwise provided in this title, all fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of this title shall be placed in a separate fund by the State Treasurer to be known as the Game Fund and shall be used solely for any contingent, incidental or other expenses of any kind or description reasonably necessary in carrying on the work of the commission, including, but not limited to, the purchase of land, the costs of activities for the promotion of public interest in recreational hunting and furtaking, nongame species, endangered or threatened species and all other game or wildlife in this Commonwealth and administration of this title. (b) Specific allocation of certain revenues.-- (1) A minimum of $4.25 from each resident and nonresident license and $2 from each antlerless deer license issued for which the full fee has been paid shall be used for habitat improvement, development, maintenance, protection and restoration conducive to increasing natural propagation of game and wildlife on all lands under the control or operation of the commission, including lands enrolled in the commission's public access programs and other public lands open to hunting under agreement with the commission. The moneys collected under this paragraph shall be deposited into one separate account and shall be used exclusively for the natural propagation of game and wildlife by: (i) Improving and maintaining any natural wildlife habitat by the production, distribution and planting of trees, shrubs, vines and forage crops. (ii) Forest management practices related to the creation and development of food and cover. (iii) Development and management of food and cover openings, including maintenance of soil fertility and herbaceous ground cover. (iv) Purchase, construction and enhancement of wetlands and riparian areas. (v) Construction and maintenance of nesting, brooding and rearing structures or areas. (vi) The prorated cost for the purchase, maintenance and operation of equipment, tools and materials necessary to meet the habitat improvement objectives of this section. No moneys in this account shall be used for capital purchases under this subparagraph. The commission shall submit an annual report on all expenditures from this account in the manner prescribed under section 522 (relating to appropriation and audit of moneys). (2) Any moneys collected by or for the commission from the sale of the migratory bird hunting license shall be used for the purpose of migratory game bird management, habitat acquisition and improvement and related program administrative costs. (3) (Deleted by amendment). (Dec. 17, 1990, P.L.687, No.170, eff. imd.; Apr. 4, 1996, P.L.55, No.19, eff. imd.; Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999; Nov. 25, 2002, P.L.1120, No.138, eff. July 1, 2002) 2002 Amendment. Act 138 amended subsec. (b).

34 Pa.C.S. § 522 Appropriation and audit of moneys.

(a) Appropriation.--Subject to an annual review and recommendations under subsection (b), all moneys in the Game Fund are hereby appropriated to the commission and may be expended only for the purposes authorized under this title. (b) Audit and report.-- (1) A performance audit of the commission to examine the commission's compliance with its strategic plan for the concluding fiscal year shall be conducted by the Legislative Budget and Finance Committee and shall be submitted to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives no later than February 28, 2000. After February 28, 2000, the Legislative Budget and Finance Committee shall conduct a performance audit of the commission every three years no later than February 28th. (2) No later than January 31 of each year the commission through its executive director shall submit an annual written report to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives which shall include the complete budget for the current fiscal year and for the next fiscal year. The commission shall meet with the specified committees of the General Assembly to receive oral testimony in relation to the annual written reports and to examine the commission's compliance with section 328 (relating to accountability) when so requested. (c) Expenditures from Game Fund.--After review under subsection (a), the commission shall submit to the Governor, for approval or disapproval, estimates of the amount of moneys to be expended from the Game Fund. The State Treasurer shall not honor any requisition for expenditure of any moneys in excess of the amount approved by the Governor. Moneys in the Game Fund shall be paid out upon warrant of the State Treasurer drawn after requisition by the director of the commission. (Apr. 4, 1996, P.L.55, No.19, eff. imd.; Dec. 21, 1998, P.L.1274, No.166, eff. imd.) Cross References. Section 522 is referred to in sections 328, 521 of this title.

34 Pa.C.S. § 523 Donations.

The commission may accept from any person donations which, if in the form of money or securities, shall be placed in the Game Fund and used for the purposes set forth in this title or, if in the form of real or personal property, shall be utilized or disposed of as provided by law.

34 Pa.C.S. § 541 Authority to provide deterrent fences.

(a) Fences for deer or elk.--In areas of this Commonwealth where deer and elk are present on lands open to public hunting and are, in a material way, injuring or destroying farm crops, fruit orchards or commercial tree nurseries where ornamental or fruit trees are grown for sale or regeneration on commercial forest lands, the owners or lessees of such farms, fruit orchards, commercial tree nurseries or commercial forest lands may make application to the commission for assistance in the erection of a deterrent fence. Except where produce is raised for market on a commercial basis, the provisions of this section shall not apply to gardens or truck patches. (b) Fences for bears.--In areas of this Commonwealth where bears are present on lands open to public hunting and are, in a material way, damaging or destroying beehives where ten or more hives are placed at one location or imminent danger exists of such damage or destruction, the owner of such beehives may make application to the director for assistance in the erection of a deterrent fence. Cross References. Section 541 is referred to in section 542 of this title.

34 Pa.C.S. § 542 Investigation after receipt of application.

Upon receipt of any application under section 323 (relating to cooperative agreements) or 541 (relating to authority to provide deterrent fences), the commission shall investigate the conditions prevailing on such property and adjacent territory. If the investigation discloses the need of protection from deer, elk or bear as would be provided by fencing, the commission may enter into a written agreement with the applicant for the erection of a deer, elk or bear deterrent fence of such height, design, materials and type of construction as the commission specifies.

34 Pa.C.S. § 543 Purchase of materials and construction.

(a) Purchase and delivery of materials.--The commission may purchase and deliver to the appropriate sites the required amount of wire fencing, staples, insulators, posts or other material necessary to construct a deer, elk or bear deterrent fence approved by the commission. (b) Construction of deer or elk deterrent fences.-- (1) The commission may construct, or may enter into contracts for the construction of, or enter into a written agreement with the applicant for the construction of, deer or elk deterrent fences on sites approved by the commission. (2) In making application for a deterrent fence under the provisions of this subsection, the applicant shall agree to one of the following three fence construction options: (i) The commission may construct, or may contract for the construction of, the deterrent fence. (ii) The applicant may, within six months of delivery of materials, construct the deterrent fence. (iii) The applicant may contract with a third party for the construction of the deterrent fence. (3) After any deterrent fence is constructed and approved by the commission under the option specified in paragraph (2)(i), the commission shall pay for the cost of installation, and the landowner or lessee shall then reimburse the commission for 50% of the cost of installation. (c) Construction of bear deterrent fences.--Prior to delivery under subsection (a), an applicant for a bear deterrent fence shall have agreed, in writing, with the commission to construct the bear deterrent fence without cost to the commission and to complete construction of the bear deterrent fence within seven days from the date the material is delivered to the site. In case the bear deterrent fence is not completed within the stipulated time, the commission may recover the materials it furnished at such time and in such manner as desired or found practical. (d) Specifications.--All deterrent fences shall be constructed and installed in accordance with plans and instructions supplied and approved by the commission. (e) Reimbursement of applicant for materials.--The commission may, through prior written agreement with the applicant, pay the applicant for any or all materials necessary to construct a deterrent fence within the time limitations set forth in this section. (Dec. 17, 1990, P.L.687, No.170, eff. imd.)

34 Pa.C.S. § 544 Maintenance, repair or replacement.

All fences, after erection, shall be maintained by the individuals interested, and the commission shall bear no part of any future maintenance. Replacement of the deterrent fences when worn out may be on the same basis as the erection of the original fence. The commission shall decide when the replacement deterrent fence is necessary.

34 Pa.C.S. § 545 Request for review.

Any dissatisfied applicant for deterrent fencing who is unable to reach a mutual agreement with the commission may request, in writing, that the director review the matter. The request shall be made within five days of the conclusion of the discussions. Cross References. Section 545 is referred to in section 561 of this title.

34 Pa.C.S. § 546 Limitation on expenditures for deterrent fencing.

(a) General rule.--Except as provided in subsection (b), the director shall not spend in excess of $300,000 annually from the Game Fund for deer, elk or bear deterrent fences in accordance with the provisions of this subchapter. (b) Commercial forest lands.--The director shall not spend in excess of $300,000 annually from the Game Fund for deer or elk deterrent fences on commercial forest lands to promote and protect the regeneration of forest flora in accordance with the provisions of this subchapter. For purposes of this subsection the phrase "commercial forest lands" shall mean land which is owned or leased by an individual, corporation or association, operated on a profit-making basis and meets all of the following requirements: (1) The land shall consist of a minimum of 1,000 acres. (2) The land is managed for the production or utilization of forest products on a sustained yield basis as defined by regulation of the commission. (3) The land is open to public hunting. (Dec. 17, 1990, P.L.687, No.170, eff. imd.)

34 Pa.C.S. § 547 Unlawful acts.

(a) General rule.--It is unlawful for any person to make any fraudulent or false claim, statement or report required by this subchapter or to violate any other provision of this subchapter. (b) Penalties.--A person who makes a fraudulent or false claim, statement or report commits a summary offense of the first degree. Any other violation of this subchapter is a summary offense of the fifth degree.

34 Pa.C.S. § 551 Authority for payment.

(a) General rule.--Except as limited by subsection (b), the commission may pay for any damage done to livestock or poultry or damage done to bees or bee-keeping equipment by bears upon lands open to public hunting and lands within safety zones if the damages are reported to an office of the commission within ten days of the damage and the claims are presented in a sworn written statement. (b) Bee hives and equipment.--No claim for damage to bees or their hives or bee-keeping equipment shall be paid if any of the following factors occurred: (1) The bear is killed. (2) The affected hives are located more than 300 yards from the domicile of the owner or from the domicile of his employee or other agent in charge thereof. (3) The claim is a second or subsequent claim filed by the claimant and the claimant has not erected, maintained and operated a commission-approved and furnished bear deterrent fence around the hives. (c) Restriction on claimants.--All payments for bear damages shall be restricted to persons domiciled in this Commonwealth.

34 Pa.C.S. § 552 Investigation and settlement.

As soon as possible after the claim for damages is received, an officer of the commission shall interview the claimant and inspect the property reported as damaged, if not previously inspected, to collect any additional evidence which may appear necessary and effect a settlement of the claim when possible. The officer of the commission shall have authority immediately to seize any property for evidence which shall be returned to the owner upon refusal of the claim or, upon payment of the claim, disposed of at the discretion of the director.

34 Pa.C.S. § 553 Payment of claim.

In all cases where an agreement between the commission's officers and the claimant is reached regarding the true value of damage sustained and the director is satisfied that the claim is reasonable and fair, a requisition shall be drawn upon the Game Fund in the amount mutually agreed upon.

34 Pa.C.S. § 554 Request for review.

When the commission's officers and the claimant cannot agree upon the value of the damages, the claimant may, within ten days of the conclusion of discussions, request, in writing, that the director review the matter. Cross References. Section 554 is referred to in section 561 of this title.

34 Pa.C.S. § 555 Limitation on expenditures for bear damage claims.

The director shall not spend in excess of $50,000 annually from the Game Fund for the payment of bear damage claims submitted and adjusted in accordance with the provisions of this subchapter.

34 Pa.C.S. § 556 Unlawful acts.

(a) General rule.--It is unlawful for any owner or his employee or other agent in charge of bees or bee-keeping equipment, livestock or poultry to file a fraudulent claim for damage of any kind alleged to have been done by bears or for any person to violate any other provision of this subchapter. (b) Penalties.--A person who collects or attempts to collect a fraudulent claim for damage by bears contrary to this subchapter commits a summary offense of the first degree. Any other violation of this subchapter is a summary offense of the fifth degree.

34 Pa.C.S. § 561 Appointment of hearing examiner.

Within 15 days following receipt of a request for review under section 545 (relating to request for review) or 554 (relating to request for review), a hearing examiner designated by the director shall select a location and a time for hearing the review, which location shall be within the county of origin of the dispute. The applicant for review or the commission officer investigating the claim may, at the time of the review, appear personally or with counsel to testify and present witnesses and evidence in their behalf and to confront and examine witnesses. The hearing shall be conducted in accordance with the provisions of Title 2 (relating to administrative law and procedure) and the regulations promulgated by the commission.

34 Pa.C.S. § 562 Powers and duties of hearing examiner.

(a) General rule.--The hearing examiner shall have the following powers and duties: (1) Notify the parties of the place and time of the review. (2) Upon request, issue compulsory process for the attendance of witnesses on behalf of the Commonwealth or the applicant and grant any reasonable continuance of the inquiry date and time as justice may require. (3) Administer oaths to all persons testifying, which oaths shall in all ways be binding and of like effect as oaths administered in any court of this Commonwealth. (4) Arrange for and supervise the electronic or stenographic recording of the proceedings and, if necessary, the preparation of the transcript. (5) Perform, take or order any and all actions which are necessary to comply with Title 2 (relating to administrative law and procedure). (b) Penalty.--A violation of subsection (a)(2) or (3) is a summary offense of the fourth degree.

34 Pa.C.S. § 563 Conduct of review.

The hearing examiner shall hear and examine all witnesses, examine all evidence presented, visit any site involved in any dispute, if necessary, and, following deliberation, arrive at a decision, including the award to the appellant.

34 Pa.C.S. § 564 Finality of decision.

The decision of the hearing examiner shall be final as to findings of fact.

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