Pa. bill on Sunday hunting moves forward, amendment to move first day of rifle deer fails

Bills that provide more Sunday hunting opportunities, allow out-of-state college students to purchase resident hunting licenses, and one that gives hunters the option to not answer questions asked by game wardens took one step closer to approval Tuesday morning.

The Pennsylvania House Game and Fisheries Committee approved forwarding the following three bills to the full House of Representatives for consideration.

House Bill 1431, sponsored by Rep. Mandy Steele, a Democrat from Allegheny County, would remove the prohibition on Sunday hunting allowing the Pennsylvania Game Commission to make decisions regarding how many Sundays could be open for various hunting seasons. Presently the legislature only allows three Sundays to be used for hunting.

The bill also streamlines the process for farmers to report deer they killed for crop damage, requires a member of the Game Commission’s board be affiliated with the agriculture industry and strengthens trespass penalties.

Steele spoke to the committee saying, “This is a groundbreaking collaboration of the Pennsylvania Farm Bureau, the Pennsylvania Game Commission and multiple advocacy groups. In my busy family with four active kids, Sundays are often our only free day of the week. Sunday could be an opportunity to educate our children about the great American tradition of protecting wild places and a deep connection to the land that comes through responsible and respectful hunting, a core value among hunters.”

She said the change would help farmers who have too much crop damage from deer and help areas of the state where large deer populations are negatively impacting the forest ecosystem.

Rep. David Maloney, a Republican from Berks County, voted against the bill. He questioned the proposed penalties for those who are caught trespassing.

“We need to be cognizant that sportsmen are not the enemy,” he said.

He also pointed out that adding Sundays for hunting during migratory waterfowl seasons may shorten those seasons because of the season regulations with the U.S. Fish and Wildlife Service.

“Compensatory days are given to Pennsylvania because of the lack of the days called Sunday hunting. With one Sunday being put in place during waterfowl hunting, waterfowl hunters will lose all but two weeks of opportunity. The devil is always in the details folks,” he said.

There is a similar bill on the topic, Senate Bill 67, created by Sen. Dan Laughlin, a Republican from Erie, that is also being considered by the legislature.

The following four proposed amendments to the House bill were voted down:

Rep. Brian Smith, a Republican from Indiana and Jefferson counties, offered an amendment to move the first day of rifle deer season to the Monday after Thanksgiving from Saturday. It was changed from Monday to Saturday in 2019.

Rep. Maloney offered an amendment to give hunters the power to nominate and select the Game Commission commissioner for their area. That process is now handled by the governor’s office.

Maloney also offered two amendments that limit the use of certain asphalts and glyphosate herbicides on Game Commission properties.

Licenses for out-of-state college students

House Bill 1507, sponsored by Rep. Steele, would allow Pennsylvania college students who reside out of state to be able to purchase a Pennsylvania hunting license at the resident rate. A license for residents costs $20.97 while nonresidents pay $101.97.

Steele addressed the committee about the financial hardships that many college students face and the cost of a hunting license may prevent them from being able to go hunting.

“For a student surviving on Ramen noodles, a situation I’m familiar with and remember vividly from my time as a student, this could be a deciding factor between participating in the great American outdoor tradition or being priced out entirely,” she said.

A proposed amendment to the bill by Rep. Maloney to also apply this privilege to residents who left the state, but still own property in Pennsylvania, failed.

Fifth Amendment protection for hunters

Senate Bill 518 by Sen. Greg Rothman, a Republican from Cumberland, Dauphin and Perry counties, aligns the Pa. Game Code with the Fifth Amendment of the United States Constitution and Pennsylvania Constitution involving self-incrimination. The code now reads that it’s unlawful to refuse to answer questions from representatives of the Game Commission. Under his bill, hunters would have the right to refuse to answer questions from a law enforcement official.

Rothman spoke to the committee saying, “My bill simply removes the offending language and is supported by the Game Commission who we also worked to craft this solution.”

In March Travis Lau, communications director for the Game Commission, responded to a reporter’s inquiry about the legislation that, “Our officers are instructed that a person’s refusal to answer is a protected right. Removing the language, though, would remove the need to give such instructions to officers because the law no longer would contain the language.”

Rep. Maloney offered an amendment to the bill to address the Open Fields Doctrine that allows wardens to go on to private property without a warrant, however, his amendment was voted down.

All three bills have been advanced from the Game and Fisheries Committee to the full House for consideration.

Reporting by Brian Whipkey, Pennsylvania Outdoors Columnist / Erie Times-News