Subchapter D. ISSUING AGENTS

 (a)  Issuing agents are responsible to ensure that the fishing license is fully completed. The applicant shall make sure the information entered on the license form is correct, and shall sign his own name or place his mark in the place indicated on the reverse of the license certificate.

 (b)  Issuing agents shall verify the eligibility of the applicant for the class of license indicated on the license in accordance with §  51.32 (relating to resident and nonresident licenses).

 (c)  The issuing agent shall transfer the information provided by the applicant to the license certificate, assuring that the information can be easily read. Information on the license certificate shall agree with the information provided and be typed or printed in ink.

 (d)  Agents shall use standard abbreviations supplied by the Commission for the color of eyes.

 (e)  Each license shall bear the account number of the issuing agent and the signature or initials of the person issuing the license.

 (f)  Issuing agents shall issue licenses in numerical sequence.

 (g)  Issuing agents shall provide a Summary of Fishing Regulations and Laws with each license issued. Issuing agents also shall provide a copy of the summary book to any holder of a Senior Resident Lifetime Fishing License who requests one. Failure to comply with this subsection will be grounds for recall of the issuing agency as provided in section 2711 of the code (relating to issuing agents). Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.

 (h)  Issuing agents are responsible to ensure that when someone buys a license as a gift for another person, the person buying the license signs his name on the reverse of the agent’s copy of the license and indicates that the license was purchased as a gift. The recipient of the gift license shall sign his name on the original of the license.

 (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 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 Senior Resident Lifetime Fishing License is valid only so long as the holder is a bona fide resident of this Commonwealth. A holder of a Senior Resident Lifetime Fishing License who establishes residence in another state and continues to fish in this Commonwealth without purchasing a Nonresident Fishing License may be charged with violating sections 923(c) and 2703 of the code (relating to additional penalty for fishing without license; and possession and display of licenses).

   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.

   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. Immediately preceding text appears at serial pages (316039) to (316040).

 Fishing licenses and related permits are valid for the year printed on the license certificate or permit, and the month of December of the preceding year, except for 1-day and tourist licenses that are valid for the dates specified on the license certificate.

   The provisions of this §  51.33 amended under the Fish and Boat Code, 30 Pa.C.S. § §  741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 (a)  The Commission may require licensees to possess stamps or permits to fish for certain species or in certain bodies of water.

 (b)  Individuals who purchase the stamp or permit to fish for the specified species or in designated bodies of water shall permanently affix the stamp or permit to their license certificate, sign their names (or in the instance of small stamps or permits, their initials) in ink across the face of the stamp or permit and display the stamped or permitted license certificate when fishing for the specified species or on the designated body of water. The buyer is not required to affix the stamp or permit on the license certificate until he actually engages in the stamped or permitted activity.

 (c)  Issuing agents shall make stamps and permits available to individuals purchasing them as collectibles. The buyer does not have to sign the stamp or permit.

 (a)  A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses. An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Executive Director or designee.

 (b)  An entity accepted by the Commission to act as an issuing agent shall perform in the following manner:

   (1)  An issuing agent, including county treasurers, may not appoint subagents to issue fishing licenses, stamps or permits.

   (2)  Issuing agents shall file monthly reports of all fishing licenses, stamps and permits sold during the month in the manner determined by the Commission. Agents may file reports more frequently at the discretion of the agent.

     (i)   Agents shall include in their monthly reports detailed sales information and remittance for all licenses, stamps and permits sold during the reporting period.

     (ii)   Agents shall file their reports so that they are received in the Harrisburg office by the 15th of the month following the reportable month.

     (iii)   Agents shall file a report even if there is no sales activity to report for the month. Failure to file a report places the agency in a delinquent status.

     (iv)   Agents shall indicate their agent number on the report, as well as the remittance.

   (3)  Issuing agents shall retain the third copy of the license certificate for 1 year after the close of any given license year.

   (4)  Issuing agents shall maintain a bond in favor of the Commission in a minimum amount specified by the Commission for each location where licenses, stamps and permits are issued.

   (5)  An issuing agent may not borrow, lend or otherwise transfer a supply of licenses, stamps or permits to another agent without the prior written consent of the Commission.

   (6)  An issuing agent or an issuing agent’s employe may not provide false or misleading information on a license issued. The date reported on a license sold shall be the date of the actual sale.

   The provisions of this §  51.35 amended under the Fish and Boat Code, 30 Pa.C.S. §  2711.

   The provisions of this §  51.35 adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended April 10, 1998, effective April 11, 1998, 28 Pa.B. 1753; amended March 14, 2003, effective March 15, 2003, 33 Pa.B. 1348; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6434. Immediately preceding text appears at serial page (296285).

 (a)  An issuing agent shall replace a lost license regardless of where the licensee purchased the original license.

 (b)  If a licensee seeks to purchase a replacement license at the agency where he bought the original license, the licensee shall present the original license number and complete the form provided by the Commission relating to the lost license certificate. If the original license number is not known, the form shall be notarized.

 (c)  If a licensee seeks to purchase a replacement license at an agency other than the agency where he bought the original license, the licensee shall complete the form provided by the Commission relating to the lost license certificate and have it notarized.

 (d)  The issuing agent shall write the word ‘‘DUPLICATE’’ and the original number, if known, across the face of the replacement license certificate.

 (e)  The issuing agent shall attach to the monthly report the form relating to the lost license certificate, any voided license certificate and the original and duplicate of the license certificate. The issuing agent shall record the certificate number in the body of the report.

 (f)  If the original license was sold through the Pennsylvania Automated Licensing Service (PALS) and the licensee seeks to purchase a replacement license, the licensee shall present the original license number or licensee’s PALS customer identification number to the issuing agent, and the issuing agent shall issue a replacement license, including associated permits, through the PALS.

 (a)  A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses and permits through the PALS.

   (1)  An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and pay a one-time, nonrefundable fee of $150.

   (2)  Applications shall be accompanied by a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Executive Director or designee.

   (3)  A person, sole proprietorship, partnership or corporation that is an agent of the Commission for the sale of paper licenses may sell licenses through PALS without making a new application under this subsection.

 (b)  An entity accepted by the Commission to act as an issuing agent shall perform in the following manner and meet the following prerequisites:

   (1)  An issuing agent, including county treasurers, may not appoint subagents to issue fishing licenses or permits.

   (2)  Issuing agents shall enter into a Fishing License Issuing Agent Agreement with the Commission that covers the issuance of fishing licenses and permits and the electronic transfer of funds through the PALS.

   (3)  Issuing agents shall maintain a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Commission for each location where licenses and permits are issued.

   (4)  Issuing agents shall maintain an account in a Federally insured financial institution organized under the authority of the Commonwealth or the United States. This bank account must be able to accept electronic funds transfers. Issuing agents shall provide the Commission with account information upon the request of the Commission.

 (a)  Sale of licenses.

   (1)  Issuing agents shall collect the required customer information, including Social Security numbers, at the time of purchase and ensure that the fishing license is accurate, correct and fully completed. The applicant shall verify the information provided to the issuing agent and entered into the PALS is accurate and correct and sign his own name or place his mark in the place indicated on the face of the license certificate. A license is not valid unless it is signed by the applicant. If an applicant indicates to the issuing agent that he does not have a Social Security number, the issuing agent shall ask the applicant to complete an affidavit on the form prescribed by the Commission certifying under penalty of law that the applicant does not have a Social Security number and the reason therefor. Upon completion and execution of the form by the applicant, the issuing agent may issue the license to the applicant. Issuing agents shall deny the issuance of a license to an applicant who fails to provide his Social Security number or who fails to sign an affidavit as required by this paragraph. Issuing agents shall retain the affidavits and submit them to the Commission at least once a month or in another manner prescribed by the Commission.

   (2)  Issuing agents shall verify the eligibility of the applicant for the class of license indicated on the license in accordance with §  51.32 (relating to resident and nonresident licenses). If an applicant for a resident license indicates that he is unable to establish that he is a resident of this Commonwealth by any of the means identified in §  51.32 other than by signing an affidavit of Pennsylvania residency, the issuing agent shall ask the applicant to complete the form prescribed by the Commission certifying under penalty of law that the applicant is a bona fide resident of this Commonwealth. Issuing agents shall deny the issuance of a resident license to an applicant who fails to establish his residency by signing the form or as otherwise provided in §  51.32. Issuing agents shall retain the affidavits of Pennsylvania residency and submit them to the Commission at least once a month or in another manner prescribed by the Commission.

   (3)  Issuing agents shall transfer the information provided by the applicant to the PALS and ensure that the PALS is otherwise operational and prints the license certificate legibly. Issuing agents may not provide a customer with more than one copy of a license certificate issued under PALS.

   (4)  Issuing agents shall provide a Summary of Fishing Regulations and Laws with each license issued. Issuing agents also shall provide a copy of the summary book to any holder of a Senior Resident Lifetime Fishing License who requests one. Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.

   (5)  Issuing agents shall make available licenses and permits for sale to the public in strict accordance with all policies, instructions, rules and regulations of the Commission.

   (6)  Issuing agents and their employees may not provide false or misleading information on a license. The date reported on a license sold shall be the date of the actual sale.

   (7)  Issuing agents shall keep customer information confidential and not use, release or permit the use of this information for any purpose not specifically authorized by the Commission or applicable law.

   (8)  Issuing agents shall return all original voided licenses to the Commission within 15 days of their issuance. Issuing agents shall pay the license fees for voided licenses that are not returned to the Commission within 15 days of issuance.

   (9)  Issuing agents shall return all documents designated by the Commission within the time frame specified by the Commission.

   (10)  Issuing agents shall maintain, as instructed by the Commission, displays, notices or other informational materials relating to licenses and permits provided by the Commission, distribute to customers and fishing guides other compliance or educational materials provided by the Commission and promote and market new products or privileges as required by the Commission.

   (11)  Issuing agents shall sell licenses and permits only at the business location specified in their application or approved by the Commission and at a place on the premises accessible to the public.

   (12)  Issuing agents may not offer or provide licenses or permits free of charge or for any fee not authorized by section 2715 of the code (relating to license, permit and issuing agent fees).

   (13)  Issuing agents shall redeem a license or permit voucher regardless of where the voucher was purchased.

 (b)  PALS equipment.

   (1)  Issuing agents shall ensure proper use of the PALS equipment and follow the PALS operating manual and subsequent amendments and revisions thereto.

   (2)  An issuing agent may not borrow, lend or otherwise transfer PALS equipment or supplies to another agent without the prior written consent of the Commission.

   (3)  Issuing agents shall safeguard PALS equipment and supplies from unauthorized, wasteful, inappropriate or fraudulent use. Issuing agents shall place the equipment and supplies in a secure location. Issuing agents shall use license paper stock only for purposes of printing licenses, permits, reports and receipts. Issuing agents shall promptly notify the Commission or its designee of equipment malfunction. PALS equipment and supplies are not transferable to other locations without the prior written consent of the Commission. Issuing agents shall return the defective equipment immediately to the repair center identified by the Commission.

   (4)  Issuing agents shall notify the Commission by telephone within 48 hours and submit a written report within 10 days after any fire, theft or natural disaster affecting PALS equipment and supplies or records.

   (5)  Issuing agents shall be responsible for the PALS equipment and the supplies relating to the issuance of licenses and permits, except for events beyond their control, and they shall assume financial responsibility for any damage to the PALS equipment resulting from negligence, malicious activity, abandonment, failure to return upon request of the Commission or improper electrical service to the equipment.

   (6)  Issuing agents shall carry appropriate insurance covering PALS equipment and supplies in an amount determined by the Commission. Issuing agents shall provide proof of insurance coverage upon the request of the Commission.

 (c)  Access and auditing.

   (1)  Issuing agents, their employees and subcontractors shall allow the Commission or other authorized representatives access to periodically inspect, review or audit PALS associated records, reports, canceled checks and similar material pertaining to PALS. Issuing agents shall maintain these records for 5 years.

   (2)  Issuing agents shall allow the Commission access to all materials and equipment related to the PALS operations. Issuing agents shall allow access to the Commission to make inspections during reasonable business hours, with or without notice to the issuing agent, to determine whether the issuing agent is in compliance with this section.

 (d)  Financial provisions.

   (1)  Issuing agents shall deposit the money received from the sale of licenses and permits in a designated bank account less the amount retained as an issuing agent fee under section 2715 of the code.

   (2)  Issuing agents shall have sufficient funds available in the designated bank account at the time of the electronic funds transfers. Upon notification of insufficient funds for payment to the Commission, the Commission may immediately and without notice suspend an issuing agent’s authority to issue licenses and permits, may assess an administrative fee in accordance with section 502 of the code (relating to collection fee for uncollectible checks) and may require the issuing agent to increase the amount of the bond or other security or to provide adequate bank account overdraft protection.

   (3)  Issuing agents shall provide written notification on the form prescribed by the Commission at least 15 days prior to changing banks, account numbers, ownership status, business status or other information used by the Commission or its designee for the purpose of collecting moneys owed by the issuing agent.

 (e)  Suspension or recall of agency.

   (1)  The Commission may suspend the issuing agency of any agent that no longer meets the Commission’s criteria for acceptance for participation in PALS until the agent becomes compliant.

   (2)  The Commission may recall the issuing agency of any agent that violates the requirements of this section.

   The provisions of this §  51.38 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7447.