1Providing for the protection of certain bat species.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Bat Species
6Protection Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Certain bat species." All of the following:

12(1) Little brown bat.

13(2) Northern long-eared bat.

14(3) Tri-colored bat.

15"Commission." The Pennsylvania Game Commission of the
16Commonwealth.

17"Director." The Executive Director of the Pennsylvania Game

1Commission or any person to whom authority has been delegated by
2the director.

3"Little brown bat." Scientifically named myotis lucifugus.

4"Northern long-eared bat." Scientifically named myotis
5septentrionalis.

6"Officer." A Pennsylvania Game Commission officer or deputy
7Pennsylvania Game Commission officer appointed by the
8Pennsylvania Game Commission or any other person with law
9enforcement powers who is designated by the director to enforce
10this act.

11"Part" or "parts." A portion of tissue, flesh, blood, bone,
12hide, skin or hair of such substance, size, volume or weight,
13which may be determined by a qualified person as belonging to
14certain bat species, even though diluted or contained in a
15manufactured product.

16"Possession." The detention and control, or the manual or
17ideal custody, of anything which may be the subject of property,
18for one's use and enjoyment, either as owner or as the
19proprietor of a qualified right in it, and either held
20personally or by another who exercises it in one's place and
21name. Possession includes the act or state of possessing and
22that condition of facts under which one can exercise power over
23a corporeal thing at the person's pleasure to the exclusion of
24all other persons. Possession includes constructive possession
25which means not actual but assumed to exist where one claims to
26hold by virtue of some title without having actual custody. The
27presence in a vehicle of a kind, or its attachments, of certain
28bat species unlawfully taken or unlawful device or contraband is
29presumptive evidence of its possession by all persons occupying
30the vehicle or its attachments.

1"Take." To harass, pursue, hunt for, shoot, wound, kill,
2trap, capture, possess or collect certain bat species, including
3shooting at a facsimile of certain bat species, or attempt to
4harass, pursue, hunt for, shoot, wound, kill, trap, capture or
5collect certain bat species or aiding, abetting or conspiring
6with another person in that purpose.

7"Tri-colored bat." Scientifically named perimyotis
8subflavus.

9"Violation." An act in violation of a provision of this act
10or a regulation promulgated by the Pennsylvania Game Commission
11which implements or otherwise pertains to a provision of this
12act.

13Section 3. Protection of certain bat species.

14(a) Endangered species.--Certain bat species are hereby
15declared endangered.

16(b) Possession, transportation, capturing or killing.--
17Except as otherwise provided for in 34 Pa.C.S. (relating to
18game), it is unlawful for a person, acting either for the
19person's self or as a representative of another, to bring into
20or remove from this Commonwealth, or to possess, transport,
21capture or kill, or attempt, aid, abet or conspire to capture or
22kill, certain bat species, or parts thereof. It is the duty of
23every officer having authority to enforce this act to seize all
24certain bat species, or parts thereof.

25(c) Purchase, sale, barter or exchange.--Except as otherwise
26provided in 34 Pa.C.S., it is unlawful for a person, acting
27either for the person's self or as a representative of another,
28at any time to buy, sell, barter or exchange, or to offer for
29sale or barter, or to have in possession for sale or barter, or
30to aid, abet or conspire in the possession, sale, barter or

1exchange, or to give away certain bat species, or parts thereof.
2It is the duty of every officer having authority to enforce this
3act to seize all certain bat species, or parts thereof. This
4subsection may not be construed to permit an individual or
5agency other than the commission to sell skins or parts of
6certain bat species killed as a protection to crops or
7accidentally killed upon the highways or seized as contraband.

8(d) Enforcement.--The ownership, jurisdiction over and
9control of certain bat species is vested in the commission.

10(e) Penalties.--A violation of this section shall be graded
11as follows:

12(1) A first violation is a misdemeanor of the second
13degree and may result in forfeiture of the privilege to hunt 
14or take wildlife anywhere within this Commonwealth for a 
15period of seven years.

16(2) A second violation within a seven-year period or
17during the same criminal episode as the first violation is a
18misdemeanor of the first degree and may result in the
19forfeiture of the privilege to hunt or take wildlife anywhere
20within this Commonwealth for a period of ten years.

21(3) A third or subsequent violation within a seven-year
22period or during the same criminal episode as the first or 
23second violation is a felony of the third degree and may 
24result in the forfeiture of the privilege to hunt or take 
25wildlife anywhere within this Commonwealth for a period of 15 
26years.

27Section 4. Effective date.

28This act shall take effect in 60 days.