Legislation Quick Search
03/28/2024 03:58 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&*****=20130&cosponId=11472
Share:
Home / House Co-Sponsorship Memoranda

House Co-Sponsorship Memoranda

Subscribe to PaLegis Notifications
NEW!

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

By Member | By Date | Keyword Search


House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 1, 2013 11:33 AM
From: Representative Matthew E. Baker
To: All House members
Subject: Amending the definition of “Wild animal” under Title 34 Pa. C.S. (Game & Wildlife Code)
 
In the near future, I plan to introduce legislation amending the Pennsylvania Game Code to clarify wild boars and all other variations or species of swine kept behind fences on game farms or hunting preserves are not defined as “wild animals” under the Game Code, and therefore not under the regulatory purview of the Pennsylvania Game Commission (PGC).

Specifically, my legislation amends the definition of “Wild animal” under Title 34 Pa. C.S. (Game & Wildlife Code) adding language to specifically provide that the definition shall not be construed to include any species or variation of pig, swine or boar held in captivity. Currently, the definition simply provides that all mammals other than domestic animals as defined under Title 1 Pa. C.S. (General Provisions) subsection 1991 (relating to definitions). The definition of “domestic animals” under Title 1 includes any equine animal, bovine animal and sheep, as well as any pig.

However, even though all variations of pigs, swine and boars share the same DNA, and the definition under Title 1 should technically include all these types of pig, the PGC has been forced by court decision to regulate “wild boars”, even if they are kept behind fences on hunting preserves or game farms. Such responsibility is generally that of the Department of Agriculture, which regulates all other non-exotic animals held in captivity, including but not limited to deer, elk, stag and sheep.

As a result of the court decision (Seeton V. PGC), the PGC has taken recent action to approve a preliminary regulation that would ban the importation of feral swine or wild boar into the Commonwealth 30 days after final approval of the regulation, and barring such animals from being held in captivity one year after final approval. Final approval is expected to be considered during the next PGC quarterly meeting April 14-15.

This proposed regulation, if put into place, would have a devastating effect on hunting preserves in our Commonwealth. I believe my legislation would effectively take regulation of any swine, boar, etc. held in captivity away from the PGC as such animals would no longer be considered “wild animals”, thus allowing our hunting preserves to continue operating as they currently are.

View Attachment


Introduced as HB723