2023-2024 Regular Session SB 1312 PN 1866 Bill Text (HTM)

PRINTER'S NO. 1866

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1312

Session of

2024

INTRODUCED BY COLEMAN AND HUTCHINSON, SEPTEMBER 12, 2024

REFERRED TO GAME AND FISHERIES, SEPTEMBER 12, 2024

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in hunting and furtaking, further providing for

unlawful devices and methods and for restrictions on

recreational spotlighting; providing for game or wildlife

recovery permits; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 34 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Small unmanned aircraft." An unmanned aircraft weighing

less than 55 pounds, including the weight of anything attached

to or carried by the aircraft.

"Small unmanned aircraft system." A small unmanned aircraft

and the equipment necessary for the safe and efficient operation

of the aircraft.

* * *

"Unmanned aircraft." An aircraft or aerial vehicle that is

operated without the possibility of direct human intervention

from within or on the aircraft or vehicle.

* * *

Section 2. Section 2308(a)(7) of Title 34 is amended by

adding a subparagraph to read:

§ 2308. Unlawful devices and methods.

(a) General rule.--Except as otherwise provided in this

title, it is unlawful for any person to hunt or aid, abet,

assist or conspire to hunt any game or wildlife through the use

of:

* * *

(7) A vehicle or conveyance of any kind or its

attachment propelled by other than manpower. Nothing in this

subsection shall pertain to any of the following:

* * *

(iii) A small unmanned aircraft system if the

operator has been issued a wildlife recovery permit

granted by the commission and the small unmanned aircraft

system is used solely by the permittee for the recovery

of harvested wildlife when no firearm or implement of

taking is possessed by any participant involved in the

recovery. This subparagraph shall not be construed to

authorize the hunting of any live game or wildlife

observed or located through the use of an unmanned

aircraft system if a period of less than 24 hours has

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elapsed since the most recent observation or location

event through the use of a small unmanned aircraft.

* * *

Section 3. Section 2311(a) of Title 34 is amended and the

section is amended by adding a subsection to read:

§ 2311. Restrictions on recreational spotlighting.

(a) Unlawful acts.--It is unlawful for any person to cast or

to assist any other person in casting the rays of a spotlight,

vehicle headlight or any other artificial light of any kind from

any vehicle, watercraft, airborne craft or any attachment to

such vehicles or crafts:

(1) Upon any building at any time.

(2) In any manner which frightens, excites or harasses

any livestock, poultry or other farm animal.

(3) To search for or locate for any purpose any game or

wildlife anywhere within this Commonwealth, other than

specified in paragraph (4), daily between the hours of 11

p.m. and sunrise on the following day.

(4) To search for or locate for any purpose any game or

wildlife anywhere within this Commonwealth at any time during

the antlered deer rifle season and during the antlerless deer

rifle season.

(5) Upon photoelectric cell lights.

[The provisions of this subsection shall not apply if it is

proven that the headlights of a vehicle or conveyance were being

used while traveling on a roadway in the usual way.]

(a.1) Exceptions.--The provisions of this section shall not

apply to the use of:

(1) The headlights of a vehicle or conveyance traveling

on a roadway in the normal manner associated with traveling

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at night or during inclement weather.

(2) A spotlight mounted to a small unmanned aircraft

system if the operator has been granted a wildlife recovery

permit issued by the commission and the vehicle is used

solely for the recovery of harvested wildlife when no firearm

or implement of taking is possessed by any participant

involved in the recovery. This paragraph shall not be

construed to authorize the hunting of any live game or

wildlife observed or located through the use of an unmanned

aircraft if a period of less than 24 hours has elapsed since

the most recent observation or location event through the use

of a small unmanned aircraft.

* * *

Section 4. Chapter 29 of Title 34 is amended by adding a

subchapter to read:

SUBCHAPTER E

GAME OR WILDLIFE RECOVERY PERMITS

Sec.

2971. Purpose of subchapter.

2972. Definitions.

2973. Application process.

2974. Permits.

2975. Small unmanned aircraft operation.

2976. Field records.

2977. Enforcement.

§ 2971. Purpose of subchapter.

The purpose of this subchapter is to provide for the issuance

of game and wildlife recovery permits to authorize eligible

applicants to assist in the recovery of game and wildlife

lawfully harvested by other individuals using small unmanned

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aircraft systems.

§ 2972. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Game or w ildlife recovery activity." The act of aiding,

abetting, assisting or conspiring with another person, in any

manner, to recover previously harvested game or wildlife using a

small unmanned aircraft system.

"Game or wildlife recovery permit." A game or wildlife

recovery permit issued in accordance with this subchapter.

"Permittee." An individual issued a game or wildlife

recovery permit under this subchapter.

§ 2973. Application process.

(a) Form.--The commission shall develop and make available

an application form for a game or wildlife recovery permit in

accordance with this subchapter.

(b) Application.--An individual may apply to the appropriate

regional office of the commission for a game or wildlife

recovery permit in the form and manner prescribed by the

commission.

recovery permit shall include:

(1) The name, address, telephone number, customer

identification number and date of birth of the applicant.

(2) A copy of the applicant's remote pilot certificate

issued under 14 CFR Pt. 107 (relating to small unmanned

aircraft systems).

(3) A copy of the financial liability insurance policy

for the small unmanned aircraft system of the applicant.

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(4) The remote identification number associated with

each small unmanned aircraft system to be covered by the

permit.

(d) Fee.--The fee for a game or wildlife recovery permit

shall be:

(1) $100 for residents and nonresidents when used for

commercial game or wildlife recovery activity.

(2) $5 for individuals utilizing a small unmanned

aircraft system for personal game or wildlife recovery

activity.

§ 2974. Per mits.

(a) Permit required.--An individual must first obtain a game

or wildlife recovery permit before engaging in any game or

wildlife recovery activity.

(b) Additional permits.--The issuance of a game or wildlife

recovery permit to an individual does not diminish the

obligation of the individual to obtain other applicable Federal,

State or local permits.

(relating to State game lands), a game or wildlife recovery

permit authorizes its holder to engage in game or wildlife

recovery activities on lands designated as State game lands

using a small unmanned aircraft system.

(d) Conditions.--The initial and continued validity of a

game or wildlife recovery permit is conditioned upon the

permittee's:

(1) Maintenance of a valid remote pilot certificate

issued under 14 CFR Pt. 107 (relating to small unmanned

aircraft systems).

(2) Maintenance of financial liability insurance

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covering the operation of each unmanned aircraft system

associated with the permit.

(3) Maintenance and update of the remote identification

number associated with each unmanned aircraft system

associated with the permit.

§ 2975. Sm all unmanned aircraft operation.

(a) Compliance with law.--A permittee shall operate a small

unmanned aircraft system used for a game or wildlife recovery

activity in compliance with all applicable Federal, State and

local law governing operation.

(b) Remote identification broadcast.--A permittee shall

cause a small unmanned aircraft system used in a game or

wildlife recovery activity conducted under the permittee's game

or wildlife recovery permit to continuously broadcast the

equipment identification number during the game or wildlife

recovery activity.

shall ensure that the individuals participating in a game or

wildlife recovery activity conducted under the permittee's game

or wildlife recovery permit are not in possession of a firearm,

bow, crossbow or other implement capable of harvesting game or

wildlife during the game or wildlife recovery activity.

Enforcement of this subsection shall be based on the standard of

whether the permittee knew or should have known about the

possession of the firearm, bow, crossbow or other implement.

§ 2976. Field r ecords.

(a) Maintenance and inspection.--

(1) A permittee shall maintain and provide to the

commission legible, accurate and complete field records of

all game or wildlife recovery activities conducted under the

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authority of the game or wildlife recovery permit of the

permittee.

(2) T he field records shall be maintained and made

available for inspection in accordance with section 2906

(relating to records).

(b) Form and contents.--The commission shall develop and

make available a form to be used for the submittal or the field

records described under paragraph (1), which shall include the

following information for each commercial guiding activity:

(1) The name, address and customer identification number

for each client.

(2) The date of each game or wildlife recovery activity.

(3) The quantity and species of game or wildlife

recovered for each client. If the species recovered is an

antlered white-tailed deer or elk, the field records must

also provide the number of points for each antler.

(4) The name and permit number of any additional game or

wildlife recovery permittee that participates in the game or

wildlife recovery activity.

commission annually in accordance with section 2907 (relating to

reports).

§ 2977. Enforcement.

(a) Prosecution.--A vi olation of this subchapter shall be

prosecuted in accordance with section 2908 (relating to

violations).

(b) Permit.--The director may deny, revoke or suspend a game

or wildlife recovery permit of a permittee for a violation of

this subchapter or this title by the permittee or any

subpermittee, upon written notice to the permittee.

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Section 5. This act shall take effect in 60 days.

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