2704 - Eligibility for license.
§ 2704. Eligibility for license. (a) General rule.--Persons meeting the requirements of this title who have reached or will reach their 12th birthday in the calendar year of application or who are older, whose hunting and furtaking privileges are valid and who shall meet the application requirements set forth in this title and pay the prescribed license cost and issuance fee shall be eligible to obtain the applicable hunting or furtaking license. (b) Hunter education.--Persons who have not held a hunting license lawfully issued to them in this Commonwealth or another state or nation or have not hunted under the exceptions in section 2706 (relating to resident license and fee exemptions) or do not possess a certificate of training approved by the director prior to the enactment of this title shall be required to attain accreditation in a hunter education program approved by the director before a hunting license is issued to them. The provisions of this subsection shall not apply to a person who presents: (1) Evidence of service in the armed forces of the United States or in the United States Coast Guard and discharge or separation under honorable conditions within six months of the date of application. (2) Evidence that the person is currently serving in the armed forces of the United States or in the United States Coast Guard. (c) Furtaker's certificate of training.--No resident or nonresident furtaker's license shall be issued to any applicant unless the applicant presents to the agent authorized to issue the license any one of the following: (1) Evidence that the applicant has held a trapping or furtaker's license issued by another state or nation. (2) A certificate of training issued under this section. (3) A certification signed by the applicant on the furtaker's license application that the applicant completed a voluntary trapping course sponsored by the commission or that the applicant has previously hunted or trapped furbearers within the last five years. The provisions of this section shall not apply to those persons under 12 years of age who trap furbearers under the direct supervision of an adult licensed furtaker 18 years of age or older. (d) Duties of commission.-- (1) The commission shall provide for a course of instruction, approved by the director, in the safe and ethical utilization of firearms and traps or other devices used for taking furbearers. The commission may cooperate with any reputable association or organization in presentation of this course. (2) The commission may designate any person who the commission determines to be competent to give instruction in the handling of firearms, traps or other devices to act as an instructor. The appointed person shall give the course of instruction and shall issue to each person who successfully completes the course of instruction a certificate of training in the handling of firearms, traps or other devices. No charge shall be made for the course of instruction, except as may be provided by this title or by regulations promulgated under this title. (3) The commission shall furnish information on the requirements of the furtaker's education program which shall be distributed, free of charge, to applicants for furtaker licenses by the persons appointed and authorized to issue the licenses. (4) The provisions of this section shall not apply to those persons under 12 years of age who trap furbearers under the direct supervision of an adult licensed furtaker 18 years of age or older. (e) Compliance by certification.--The requirements of subsection (b) or (c) shall be deemed met by a certification signed by the applicant on the license application stating that the applicant has held a license issued by the Commonwealth or another state or nation in a prior year but is unable to produce evidence of holding such license. (f) Courses combined.--Subject to the approval of the commission, the director may combine the courses of instruction in hunter education and furtaker's training into one comprehensive course. (Nov. 25, 1988, P.L.1082, No.125, eff. imd.; June 22, 1993, P.L.102, No.23, eff. imd.; Dec. 20, 2000, P.L.783, No.111, eff. July 1, 2001) 2000 Amendment. Act 111 amended subsec. (d). 1993 Amendment. Act 23 amended subsec. (a). Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, 1993, and to each license year thereafter. 1988 Amendment. Act 125 amended subsec. (b). Cross References. Section 2704 is referred to in sections 327, 2363, 2701, 2706 of this title; section 913 of Title 18 (Crimes and Offenses).