PRINTING PLANT ERROR
CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 2108, 2512 PRINTER'S NO. 2536
No. 1776 Session of 1981
INTRODUCED BY W. W. FOSTER, SIRIANNI, DIETZ, HOEFFEL, SNYDER,
E. H. SMITH, PUNT, GREENWOOD, PETERSON AND GRABOWSKI,
JULY 21, 1981
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 9, 1981
AN ACT
1 Amending the act of June 3, 1937 (P.L.1225, No.316), entitled
2 "An act concerning game and other wild birds and wild
3 animals; and amending, revising, consolidating, and changing
4 the law relating thereto," further providing for special
5 permits, further providing for roadside menageries, providing
6 for permits to deal in and possess wildlife and further
7 providing for penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 401, act of June 3, 1937 (P.L.1225,
11 No.316), known as "The Game Law," is amended by adding clauses
12 to read:
13 Section 401. Commission Empowered to Grant Permits.--
14 Notwithstanding any other provision of this article to the
15 contrary, the commission shall, as deemed necessary to properly
16 manage the wildlife resources, be authorized to adopt rules and
17 regulations further regulating the issuance of any special
18 permit set forth herein, and to adopt rules and regulations to
1 further regulate and control such activities which may be
2 performed under authority of any special permit issued.
3 Under the conditions and limitations hereinafter prescribed,
4 the commission may grant permits at its discretion to citizens
5 of the United States who, unless otherwise specified, shall be
6 residents of the Commonwealth and eighteen years old or over,
7 which permits shall be in such form as the commission may
8 determine and shall expire on June thirtieth of each year,
9 except the permit for a disabled person to hunt from an
10 automobile, which shall expire on August thirty-first of each
11 year, and which may be revoked or suspended at any time at the
12 discretion of the commission. Such permits shall not be
13 transferable. Such permits may be issued:
14 * * *
15 (m) To any person desiring to act as a wildlife dealer as
16 defined in section 417.2.
17 (n) To any person desiring to purchase or reserve RECEIVE or <--
18 possess wildlife as defined in section 418.
19 * * *
20 Section 2. Section 402 of the act, amended July 22, 1965
21 (P.L.232, No.129), August 26, 1965 (P.L.410, No.211), October
22 13, 1965 (P.L.592, No.308) and December 17, 1965 (P.L.1122,
23 No.436), is amended to read:
24 Section 402. Application for Permits.--Any person, firm,
25 association, or corporation desiring a permit, as provided for
26 in this article, shall present an application therefor, on forms
27 supplied by the commission, and shall pay to the director the
28 following fees: permit for a disabled person to hunt from an
29 automobile, one dollar ($1); collecting permit, ten dollars
30 ($10); falconry permit, ten dollars ($10); fur dealer's employes
19810H1776B2536 - 2 -
1 permit, ten dollars ($10); permit for possessing or owning a
2 ferret or fitch, ten dollars ($10); permit to release and retrap
3 bobwhite quail for dog training purposes, ten dollars ($10);
4 [roadside] menagerie, [fifteen dollars ($15)] three hundred
5 dollars ($300); game propagation, fifteen dollars ($15); fur
6 farming, fifteen dollars ($15); taxidermists desiring to
7 practice taxidermy for profit shall pay fifty dollars ($50) for
8 initial application and permit, and twenty-five dollars ($25)
9 per year thereafter for renewal of permit; resident fur dealers,
10 twenty-five dollars ($25); nonresident fur dealers, purchasing
11 or receiving raw furs for commercial purposes in this
12 Commonwealth, shall pay one hundred dollars ($100); persons
13 desiring to operate regulated shooting grounds on a non-
14 commercial basis shall pay twenty-five dollars ($25) for the
15 first one hundred acres in the tract so used, and five dollars
16 ($5) for each additional one hundred acres or fraction thereof;
17 persons desiring to operate regulated shooting grounds on a
18 commercial basis shall pay fifty dollars ($50) for the first one
19 hundred acres, and ten dollars ($10) for each additional one
20 hundred acres, or fraction thereof; and breeders and dealers in
21 ferrets or fitches shall pay fifty dollars ($50); [and for a]
22 special retriever dog training area permit, thirty-five dollars
23 ($35); wildlife dealers permit, five hundred dollars ($500); and
24 for a wildlife possession permit, two hundred dollars ($200) for
25 each animal.
26 [The application shall be accompanied by the written
27 statement of at least two well-known citizens of the community
28 in which the applicant resides, certifying to his good character
29 and to his fitness to be entrusted with the authority granted by
30 such special permit.]
19810H1776B2536 - 3 -
1 In the case of applications for permits by firms,
2 associations, or corporations, the application shall bear the
3 name of the president or general manager, and the permit shall
4 be issued in his name. All applications for propagating permits
5 and regulated shooting grounds permits shall be accompanied by a
6 written description and a map or sketch of the premises to be
7 used for such purposes, with the location thereof.
8 Section 3. Section 417 of the act, amended May 11, 1949
9 (P.L.1118, No.331), is amended to read:
10 Section 417. Permits for [Roadside] Menageries.--The
11 commission may grant permits for [roadside] menageries which are
12 hereby defined as any place where one or more wild birds or wild
13 animals or one or more birds or animals which have similar
14 characteristics and appearance of birds or animals wild by
15 nature are kept in captivity[, upon any street or highway, or
16 upon land, public or private, adjoining any street or highway,
17 or upon land, public or private, in the vicinity of any
18 commercial establishment,] for the evident purpose of exhibition
19 [or attracting trade] with or without charge.
20 The term "[roadside] menagerie" shall not include the
21 exhibition of any wild bird or wild animal [by any educational
22 institution or] in any accredited public zoological garden,
23 which receives government grants or appropriations or [in
24 connection with any county fair, theatrical exhibition,] by any
25 nationally recognized circus[, or any such exhibition when
26 sponsored by any sportsmen's organization with the approval of
27 the Pennsylvania Game Commission]. Any sportsmen's club or
28 organization incorporated under the laws of this Commonwealth
29 may sponsor and conduct a menagerie at an annual county fair and
30 under such circumstances the menagerie permit shall be issued
19810H1776B2536 - 4 -
1 free of charge. The term ["wild animal"] "wildlife" as used in
2 this section shall mean any wild bird or wild animal or any bird
3 or animal having similar characteristics and appearance of a
4 bird or animal wild by nature as distinguished from the common
5 domestic birds or animals, whether or not such birds or [animal
6 was] animals were bred or reared in captivity.
7 No permit shall be granted by the commission until it is
8 satisfied that the provisions for housing and caring for such
9 [wild animals] wildlife, and for protecting the public, are
10 proper and adequate, and in accordance with the standard
11 therefor established by the commission.
12 The commission shall adopt and enforce rules and regulations
13 for the housing, care, treatment, feeding, [and] sanitation,
14 purchase and disposal of [wild animals] wildlife kept in
15 [roadside] menageries, and for the protection of the public from
16 injury by such [wild animals] wildlife.
17 It is unlawful for any person to keep any [wild animal]
18 wildlife in captivity [upon any street or highway, or upon land,
19 public or private, adjoining any street or highway, or upon
20 land, public or private, in the vicinity of any commercial
21 establishment], for public exhibition [or the evident purpose of
22 attracting trade,] or to have any [wild animal] wildlife in
23 [his] custody or control for such purpose, [unless a permit has
24 been] without first securing a menagerie permit issued by the
25 commission.
26 It shall be unlawful for the holder of a menagerie permit to
27 violate any of the provisions of this act or rules and
28 regulations adopted thereunder by the commission or to release
29 any wildlife into the wild. In addition to the cash penalties
30 hereinafter provided, the director of the commission may, for
19810H1776B2536 - 5 -
1 violating any of the provisions of this section or rules and
2 regulations adopted thereunder, revoke or suspend any menagerie
3 permit and order the disposal of any wildlife held.
4 Section 4. The act is amended by adding a section to read:
5 Section 417.2. Permits to Deal in Wildlife.--The commission
6 may issue permits to persons to act as wildlife dealers which
7 shall authorize the holder thereof to import into the
8 Commonwealth, possess, buy, sell, locate or find for a fee,
9 barter, donate or otherwise dispose of wildlife. A wildlife
10 dealer shall mean any person who imports into the Commonwealth,
11 possesses, buys, sells, locates or finds for a fee, barters,
12 donates or otherwise disposes of more than one bird or one
13 animal classified as wildlife during any calendar year. A
14 wildlife dealer shall not include an accredited public
15 zoological garden which receives governmental grants or
16 appropriations, OR ANY PERSON WHO HOLDS A MENAGERIE PERMIT, <--
17 PROVIDING THE PURCHASE OR SALE OR WILDLIFE OR OTHER AUTHORIZED
18 TRANSACTION IS CONDUCTED FOR THE SOLE PURPOSE OF MAINTAINING
19 STOCK FOR SUCH MENAGERIE, OR ANY NATIONALLY RECOGNIZED CIRCUS.
20 Whenever used in this section, the word "wildlife," unless
21 further defined by resolution of the commission, shall mean, all
22 bears, all coyotes, all lions, all tigers, all leopards, all
23 jaguars, all cheetahs, all cougars, all wolves and any
24 crossbreed of such animals which have similar characteristics of
25 the animals specified herein. In order to properly administer
26 the provisions of this section, the commission may, by
27 resolution, add any bird or animal to or remove any bird or
28 animal from the classification of wildlife.
29 No permit provided for in this section shall be granted by
30 the commission until it is satisfied that the provision for
19810H1776B2536 - 6 -
1 housing and caring for such wildlife, and for protecting the
2 public, are proper and adequate and in accordance with the
3 standard established by rules and regulations adopted by the
4 commission.
5 It shall be unlawful for any person to import into the
6 Commonwealth, possess, buy, sell, locate or find for a fee,
7 barter, donate, or otherwise dispose of more than one bird or
8 one animal classified as wildlife in any calendar year without
9 first securing a permit as required in this section. It shall be
10 unlawful for any person to release wildlife, as defined in this
11 section, into the wild.
12 In addition to the penalties hereinafter provided, the
13 director may, for any violation of the provisions of this
14 section or rules and regulations adopted thereunder, revoke or
15 suspend any permit and order the disposal of any wildlife held.
16 Section 5. Section 418 of the act is amended to read:
17 Section 418. [Act Not to Apply in Certain Cases.--This act
18 shall not be construed to apply to, or prohibit the taking or
19 possession of birds and animals, by any public zoological garden
20 of the State, or any public institution within the State,
21 maintained for scientific purposes or receiving appropriations
22 from the State, wherein animals or birds are maintained alive
23 for educational purposes, or for the purpose of scientific study
24 or experiment.] Permits to Possess Wildlife.--The commission may
25 issue permits to persons to possess wildlife which shall
26 authorize the holder thereof to purchase, receive or possess
27 wildlife from any lawful source from within or outside of this
28 Commonwealth. Whenever used in this section, the word
29 "wildlife," unless further defined by resolution of the
30 commission, shall mean all bears, all coyotes, all lions, all
19810H1776B2536 - 7 -
1 tigers, all leopards, all jaguars, all cheetahs, all cougars,
2 all wolves and any crossbreed of such animals which have similar
3 characteristics of the animals specified herein. In order to
4 properly administer the provisions of this section, the
5 commission may, by resolution, add any animal to or remove any
6 animal from the classification of wildlife. The provisions of
7 this section shall not include any accredited public zoological
8 garden which receives government grants or appropriations OR ANY <--
9 NATIONALLY RECOGNIZED CIRCUS.
10 No permit provided for in this section shall be granted by
11 the commission until it is satisfied that the provisions for
12 housing and caring for such wildlife and for protecting the
13 public are proper and adequate and in accordance with the
14 standards established by rules and regulations of the
15 commission.
16 It shall be unlawful for any person to possess, purchase or
17 receive wildlife under any circumstances without first securing
18 a permit as required in this section. It shall be unlawful for
19 any person to release wildlife as defined in this section into
20 the wild.
21 In addition to the penalties hereinafter provided, the
22 director may, for any violation of the provisions of this
23 section or rules and regulations adopted thereunder, revoke or
24 suspend any permit and order the disposal of any wildlife held.
25 Section 6. Section 419 of the act, amended April 14, 1976
26 (P.L.106, No.46), is amended to read:
27 Section 419. Penalties.--Any person violating any of the
28 provisions of this article or rules and regulations adopted by
29 the commission shall, upon conviction, be sentenced to pay the
30 following fines and costs of prosecution for each offense:
19810H1776B2536 - 8 -
1 (a) For the sale or exchange or shipment or removal out of
2 this Commonwealth of birds or nests or eggs, or the taking of
3 birds or eggs or nests, contrary to the provisions of this
4 article, by agents of museums or persons of scientific
5 attainment in ornithology or mammalogy acting under the
6 authority of any permit, twenty-five dollars;
7 (b) For the practice of taxidermy for profit without a
8 permit, as provided in this article, twenty-five dollars, and in
9 addition thereto, twenty-five dollars for each specimen of a
10 bird or animal protected by this act mounted or in possession
11 for mounting;
12 (c) For the mounting, sale, or shipment, or removal from, or
13 permitting the removal from, the Commonwealth, by the holder of
14 any taxidermy permit, of each specimen of a bird or animal
15 protected by this act, contrary to the provisions of this act,
16 twenty-five dollars;
17 (d) For a resident of the Commonwealth purchasing, or
18 receiving, or reselling raw furs for commercial purposes without
19 a permit, as provided in this article, one hundred dollars;
20 (e) For a nonresident of the Commonwealth purchasing, or
21 receiving, or reselling raw furs for commercial purposes without
22 a permit, as provided in this article, two hundred dollars;
23 (f) For the breeding or propagating of game or fur-bearing
24 animals in captivity without a propagating permit, contrary to
25 the provisions of this article, twenty-five dollars for each
26 bird or animal so bred or propagated;
27 (g) For the killing or selling or giving away or removing or
28 shipping of game or fur-bearing animals or the pelts thereof
29 bred or propagated, or eggs produced, by the holder of any
30 propagating permit, or his agent or employe, contrary to the
19810H1776B2536 - 9 -
1 provisions of this article, twenty-five dollars;
2 (h) For neglecting or failing to return the duplicate copy
3 of such tag to the commission, or for neglecting or failing to
4 retain the copy of the tag as provided in this article, ten
5 dollars for each such neglect or failure;
6 (i) For wilfully or wantonly removing, or mutilating, or
7 counterfeiting or altering, or destroying a tag attached to a
8 container or bird or animal, contrary to the provisions of this
9 article, twenty-five dollars;
10 (j) For wilfully using any tag for the carrying, or
11 removing, or shipping of game or fur-bearing animals, or the
12 eggs of game birds, taken or killed outside of premises for
13 propagating game or fur-bearing animals, under authority of
14 permit, or for the purpose of a second shipment of game or fur-
15 bearing animals from any such premises, or for failure to
16 maintain the required record of transactions, contrary to the
17 provisions of this article, twenty-five dollars;
18 (k) For taking any game birds on premises covered by a
19 regulated shooting grounds permit in excess of the numbers fixed
20 by the provisions of this article, or for taking or capturing
21 such birds by any method other than by shooting, or for
22 consuming on the premises or removing therefrom any propagated
23 or released pheasants, bobwhite quail of the subspecies approved
24 by the commission, chukar partridges or mallard or black ducks
25 killed in accordance with the provisions of this article with
26 reference to regulated shooting grounds which have not been
27 tagged as herein required, or for attempting to operate such
28 regulated shooting grounds contrary to any other provisions of
29 this article, fifty dollars;
30 (l) For the breeding or selling, or offering for sale, or
19810H1776B2536 - 10 -
1 having in possession, or delivering any ferret or fitch,
2 contrary to the provisions of this article, twenty-five dollars
3 for each ferret or fitch;
4 (m) For [maintaining a roadside menagerie for the purpose of
5 exhibition or attracting trade contrary to the provisions of
6 this article, or for failure to comply with the regulations of]
7 violating any provision of section 417 or for violating any rule
8 or regulation adopted thereunder by the commission [relative to
9 the housing and care of such animals, twenty-five dollars],
10 three hundred dollars;
11 (n) For failure to submit any annual report as required by
12 this article, twenty-five dollars;
13 (o) For releasing, retrapping, possessing or tagging
14 bobwhite quail or traps for dog training purposes contrary to
15 the provisions of this article, twenty-five dollars;
16 (o.1) For violating any provision of section 417.2 or any
17 rule or regulation adopted thereunder by the commission, five
18 hundred dollars;
19 (o.2) For violating any provision of section 418 or any rule
20 or regulation adopted thereunder by the commission, three
21 hundred dollars;
22 (p) For violating any of the provisions of this article or
23 any rule or regulation adopted thereunder by the commission not
24 above specifically provided for, [or for violating any of the
25 rules and regulations of the commission adopted under the
26 provisions of this article,] twenty-five dollars and costs of
27 prosecution for each offense.
28 Upon failure of any person convicted of a first offense to
29 immediately pay the fine imposed and cost of prosecution, he
30 shall be imprisoned one day for each dollar of fine imposed and
19810H1776B2536 - 11 -
1 cost of prosecution.
2 Any person convicted of a second or subsequent offense shall
3 be liable to the fines above provided and costs of prosecution,
4 and, in addition thereto, shall, in the discretion of the court,
5 suffer imprisonment one day for each dollar of fine imposed.
6 Section 7. This act shall take effect July 1 immediately
7 following enactment.
C9L34WMB/19810H1776B2536 - 12 -