1. (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.

2. (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. (1) The land shall consist of a minimum of 1,000 acres.
   2. (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. (3) The land is open to public hunting.

(Dec. 17, 1990, P.L.687, No.170, eff. imd.)