PRIOR PRINTER'S NO. 1073 PRINTER'S NO. 2676
No. 961 Session of 1991
INTRODUCED BY STABACK, FEE, GRUPPO, GODSHALL, DeWEESE, COY,
NICKOL, FARGO, FAIRCHILD, NAILOR, STISH, NOYE, PESCI,
S. H. SMITH, JAROLIN, DALEY, KRUSZEWSKI, McNALLY, BIRMELIN,
BELFANTI, GEIST, KUKOVICH, GERLACH, ARMSTRONG, STEIGHNER,
HECKLER, VEON, G. SNYDER, HASAY, McCALL, BOWLEY, BELARDI,
MELIO, TIGUE, BARLEY, TRELLO, LEVDANSKY, BUSH, HANNA, KING,
SCHEETZ, MERRY, KASUNIC, COLAIZZO, CLYMER, PRESTON AND
RICHARDSON, APRIL 2, 1991
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 12, 1991
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further prohibiting interference with the lawful
3 taking of wildlife or other activities permitted by the
4 Pennsylvania Game Commission; AND FURTHER PROVIDING FOR THE <--
5 INFORMATION WHICH MUST APPEAR ON IDENTIFICATION TAGS WHICH
6 ARE ATTACHED TO TRAPS.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2302 SECTIONS 2302 AND 2361(A)(12) of <--
10 Title 34 of the Pennsylvania Consolidated Statutes is ARE <--
11 amended to read:
12 § 2302. Interference with lawful [hunting or trapping] taking
13 of wildlife or other activities permitted by this
14 title prohibited.
15 (a) General rule.--Except as otherwise provided in this
16 title, it is unlawful [to :
1 (1) Interfere with the lawful hunting, trapping or
2 taking of game or wildlife.
3 (2) Disturb any game or wildlife, or engage in any
4 activity or place any object or substance that may disturb or
5 otherwise affect the behavior of any game or wildlife with
6 the intent to hinder or prevent its lawful taking.
7 (3) Disturb or interfere with another person who is
8 engaged in the lawful hunting, trapping or taking of game or
9 wildlife or who is engaged in or preparing to hunt, trap or
10 take any game or wildlife or prevent or hinder such person's
11 enjoyment of the outdoors.
12 (4) Enter or remain upon public lands or upon private
13 lands without permission of the owner or their agent, with
14 intent to violate this section.
15 (5) Fail to obey the order of any officer whose duty it
16 is to enforce any of the laws of this Commonwealth where such
17 officer observes any conduct which violates this section, or
18 has reasonable grounds to believe that any person intends to
19 engage in such conduct.]
20 for another person at the location where the activity is taking
21 place to intentionally obstruct or interfere with the lawful
22 taking of wildlife or other activities permitted by this title.
23 (a.1) Activities which violate section.--A person violates
24 this section when he intentionally or knowingly:
25 (1) drives or disturbs wildlife for the purpose of
26 disrupting the lawful taking of wildlife where another person
27 is engaged in the process of lawfully taking wildlife or
28 other permitted activities;
29 (2) blocks, impedes or otherwise harasses another person
30 who is engaged in the process of lawfully taking wildlife or
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1 other permitted activities;
2 (3) uses natural or artificial visual, aural, olfactory
3 or physical stimuli to affect wildlife behavior in order to
4 hinder or prevent the lawful taking of wildlife or other
5 permitted activities;
6 (4) creates or erects barriers with the intent to deny
7 ingress or egress to areas where the lawful taking of
8 wildlife or other permitted activities may occur;
9 (5) interjects himself into the line of fire;
10 (6) affects the condition or placement of personal or
11 public property intended for use in the lawful taking of
12 wildlife or other permitted activities in order to impair its
13 usefulness or prevent its use;
14 (7) enter or remain upon public lands or upon private
15 lands without permission of the owner or their agent, with
16 intent to violate this section; or
17 (8) fails to obey the order of any officer whose duty it
18 is to enforce any of the laws of this Commonwealth where such
19 officer observes any conduct which violates this section or
20 has reasonable grounds to believe that any person intends to
21 engage in such conduct.
22 (b) Enforcement and recovery of damages.--The commission or
23 any person who is lawfully engaged in the taking, hunting or
24 trapping of game or wildlife who is directly affected by a
25 violation of this section may bring an action to restrain
26 conduct declared unlawful in this section and to recover
27 damages.
28 (c) Exceptions.--The conduct declared unlawful in this
29 section does not include any activities arising from lawful
30 activity by other land uses, including farming, mining, forestry
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1 practices, recreation or any other activities when it is evident
2 that such activities are not intended to violate this section.
3 (d) Penalties.--A violation of this section is a summary
4 offense of the second degree.
5 § 2361. UNLAWFUL ACTS CONCERNING TAKING OF FURBEARERS. <--
6 (A) GENERAL PROHIBITIONS.--EXCEPT AS OTHERWISE PROVIDED IN
7 THIS TITLE, IT IS UNLAWFUL FOR ANY PERSON TO:
8 * * *
9 (12) SET A TRAP OF ANY DESCRIPTION UNLESS EACH DEVICE IS
10 MARKED WITH A DURABLE IDENTIFICATION TAG ATTACHED TO THE TRAP
11 OR TRAP CHAIN WHICH, AT THE OPTION OF THE TRAPPER, MUST
12 LEGIBLY SET FORTH IN ENGLISH THE FIRST NAME, LAST NAME AND
13 LEGAL HOME ADDRESS OF THE PERSON SETTING OR TENDING THE TRAP
14 OR MUST BEAR THE NUMBER OF THE FURTAKING LICENSE ISSUED UNDER
15 SECTION 2705 (RELATING TO CLASSES OF LICENSES) TO THE PERSON
16 WHO IS SETTING OR TENDING THE TRAP OR MUST BEAR A NUMBER
17 ISSUED BY THE COMMISSION. ALL INFORMATION UNDER THIS
18 PARAGRAPH SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 325
19 (RELATING TO LIMITATION ON DISCLOSURE OF CERTAIN RECORDS).
20 * * *
21 Section 2. This act shall take effect July 1, 1991 1992. <--
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