Sec. 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.
Sec. 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.
Sec. 543. Amended December 17, 1990,
Act 170-1990.
Sec. 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)(1), 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.
Sec. 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.
Sec. 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.
Sec. 546. Amended December 17, 1990,
Act 170-1990.
Sec. 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.
Sec. 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.
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