Section 51.32. Resident and nonresident licenses

(a) Only bona fide residents of this Commonwealth who establish their resident status by producing a Pennsylvania motor vehicle driver’s license or other positive means of identification are entitled to obtain one of the various forms of a resident fishing license.

(1) Other positive means of identification for establishing bona fide residence in this Commonwealth include proof of payment of Pennsylvania Personal Income Tax as a resident of this Commonwealth; proof of payment of earned income, personal income tax or per capita taxes showing residence in a Pennsylvania municipality; current Pennsylvania firearms permit; Pennsylvania voter registration card; Pennsylvania nondriver identification card; or a signed affidavit of Pennsylvania residency on the form prescribed by the Commission.

(2) For purposes of this subsection, a bona fide resident of this Commonwealth is a permanent resident who has a fixed intent to return to this Commonwealth when he leaves it and maintains a permanent place of abode here. A person may not be a bona fide resident of this Commonwealth for this purpose while claiming residence in another state for any purpose.

(b) Military personnel who are stationed in this Commonwealth under permanent change of station orders (PCS) for a duration of 6 months or more may qualify as bona fide residents for the purpose of obtaining resident fishing licenses regardless of the fact they may maintain a legal domicile in another state as authorized by the Servicemembers Civil Relief Act (50 U.S.C.A. App. § § 501—596). Military personnel who are domiciled in this Commonwealth but who are stationed in another state or country qualify as bona fide residents of this Commonwealth for fishing license purposes so long as they do not become domiciles of another state.

(c) A person who does not qualify as a bona fide resident of this Commonwealth under subsection (a) or (b) is considered a nonresident for purposes of obtaining a fishing license.

(d) A resident fishing license will remain valid for the year or years for which it is issued regardless of whether the holder is no longer a bona fide resident of this Commonwealth.

The provisions of this § 51.32 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6434; amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7447; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1762. Immediately preceding text appears at serial pages (324203) to (324204).

Notation

Authority

The provisions of the § 51.32 issued under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. § 1202.

Cross References

This section cited in 58 Pa. Code § 51.31 (relating to responsibility of issuing agents); and 58 Pa. Code § 51.38 (relating to operation of the issuing agent for the Pennsylvania Automated Licensing Service (PALS)).