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Chapter 5. Fiscal Affairs
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Subchapter C. Erection of Deterrent Fences

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.





Content Last Modified on 11/22/2004 8:59:12 AM



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