PRINTER'S NO. 387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
349
Session of
2015
INTRODUCED BY READSHAW, KORTZ, CARROLL, D. COSTA, KOTIK, COHEN,
KINSEY, PASHINSKI, THOMAS, MULLERY, CALTAGIRONE, O'NEILL,
MURT AND QUINN, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 9, 2015
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in special licenses and permits, further providing
for definitions and for exotic wildlife possession permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "exotic wildlife" and "exotic
wildlife dealer" in section 2961 of Title 34 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 2961. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Exotic wildlife." The phrase includes[, but is not limited
to, all bears, coyotes, lions, tigers, leopards, jaguars,
cheetahs, cougars, wolves and any crossbreed of these animals
which have similar characteristics in appearance or features.
The definition is applicable whether or not the birds or animals
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
were bred or reared in captivity or imported from another state
or nation.] all nonindigenous animals and the following,
regardless of whether the animals are bred or reared in
captivity or imported from another state or nation:
(1) All members of the order Primates (nonhuman
primates).
(2) All members of the family Ursidae (bears).
(3) All members of the species:
(i) Canis latrans (coyotes).
(ii) Canis lupus (gray wolves).
(iii) Canis rufus (red wolves).
(iv) Felis rufus (bobcat).
(v) Panthera leo (lions).
(vi) Panthera tigris (tigers).
(vii) Panthera pardus (leopards).
(viii) Panthera unica (snow leopards).
(ix) Neofelis nebulosa (clouded leopard).
(x) Panthera onca (jaguars).
(xi) Acinonyx jubatus (cheetahs).
(xii) Felis concolor (cougars).
(xiii) Any crossbreed of the animals specified in
this paragraph which have similar characteristics in
appearance or features.
The term shall not be construed to include any member of the
class Aves (birds), any member of the families Equidae (horses,
asses and zebras), Camelidae (camels, alpacas and llamas),
Cervidae (deer, moose and elk), Bovidae (wild cattle and spiral-
horned antelopes), Muridae (rats and mice), Chinchillidae
(chinchillas and viscachas), Leporidae (rabbits and hares),
Erinaceidae (hedgehogs and moonrats), Petauridae (gliders and
20150HB0349PN0387 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
striped possums) or any member of the species Mustela furo
(domestic ferrets) or Cavia porcellus (domestic guinea pigs) or
any "domestic animal" as that term is defined in 18 Pa.C.S. §
5511 (relating to cruelty to animals).
"Exotic wildlife dealer." Any person who:
(1) imports into this Commonwealth, possesses, buys,
sells, locates or finds for a fee, barters, donates, gives
away or otherwise disposes of [more than one bird or one
animal classified as] exotic wildlife [by this subchapter.];
and
(2) engages in at least five documented transactions
annually involving exotic wildlife.
* * *
Section 2. Section 2963 of Title 34 is amended to read:
§ 2963. Exotic wildlife possession permits.
(a) Authorization.--The commission may issue permits to
persons to possess exotic wildlife which shall authorize the
holder to purchase, receive or possess exotic wildlife from any
lawful source from within or without this Commonwealth.
(a.1) Prohibition.--
(1) Beginning January 1, 2017, the commission shall not
issue any new permits authorized under subsection (a) for the
possession of exotic wildlife, and shall only issue permits
as set forth in sections 2930 (relating to propagating
permits), 2962 (relating to exotic wildlife dealer permits)
and 2964(a) (relating to menagerie permits) and 58 Pa. Code §
147.302 (relating to general).
(2) (i) The provisions of paragraph (1) shall not apply
to a permit issued under subsection (a), provided that
the permit is issued prior to December 31, 2016. The
20150HB0349PN0387 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
permit shall only authorize the continued possession,
after December 31, 2016, of the exotic wildlife
identified in the permit.
(ii) The provisions of paragraph (1) shall not apply
to a wildlife sanctuary for which the commission, in its
sole discretion, has designated a facility and authorized
it to operate as a place of refuge to provide temporary
or lifetime shelter, care and protection for abused,
neglected, unwanted, impounded, abandoned, orphaned or
displaced wildlife under the authority provided under
section 2902(c) (relating to general categories of
permits).
(3) The provisions of this section shall not apply to
any young born after December 31, 2016, from exotic wildlife
with a valid permit issued under subsection (a).
(b) Shelter, care and protection.--No permit provided for in
this section shall be granted until the commission is satisfied
that the provisions for housing and caring for such exotic
wildlife and for protecting the public are proper and adequate
and in accordance with the standards established by the
commission.
(c) Unlawful acts.--It is unlawful for any person to:
(1) [Possess, purchase or receive exotic wildlife] Keep
exotic wildlife in captivity or have exotic wildlife in the
person's custody or control, without first securing a permit
[to possess exotic wildlife issued under this section or
regulations pertaining to this section] issued by the
commission as set forth in sections 2930, 2962, 2964(a) and
this section or 58 Pa. Code § 147.302.
(2) [Release] Violate any of the provisions of this
20150HB0349PN0387 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
section or release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public
from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may
place another person in danger of attack by exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to [permits is
a summary offense of the third degree] unlawful release of
exotic wildlife is a misdemeanor offense.
(2) Any other violation of this section is a summary
offense of the [fifth] first degree.
(3) Each day of violation shall constitute a separate
offense[, but under no circumstances shall the accumulated
penalty for purposes of a field receipt exceed $300. There
shall be no limit on any accumulated penalty a court may
assess].
(4) A second or subsequent conviction within a seven-
year period for a violation of subsection (c)(1) or (2) is a
misdemeanor of the first degree.
(e) Discretion of director.--In addition to the penalties
provided, the director may, for any violation of this section,
revoke or suspend any permit and order the disposal of any
exotic wildlife held.
Section 3. This act shall take effect in 60 days.
20150HB0349PN0387 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24