PRINTER'S NO. 306
No. 305 Session of 1973
INTRODUCED BY HOWARD, HILL, COPPERSMITH, ROVNER, NOLAN, KURY,
O'PAKE, MESSINGER, SMITH, W. E. FLEMING, DOUGHERTY AND BELL,
FEBRUARY 14, 1973
REFERRED TO ENVIRONMENTAL RESOURCES, FEBRUARY 14, 1973
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," defining and regulating endangered
5 species and rare species of wildlife and providing penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 101, act of June 3, 1937 (P.L.1225,
9 No.316), known as "The Game Law," is amended by adding three
10 definitions to read:
11 Section 101. Definitions.--Whenever used in this act, unless
12 a contrary intention is evident from the context, the word
13 "person" shall include individuals, copartnerships,
14 associations, and corporations; the singular shall include the
15 plural, and the masculine, and feminine and neuter. The word
16 "each" shall include the whole or any substantial part or parts.
17 * * *
18 The term "endangered species" shall include all species and
19 subspecies of wild birds and wild animals, except fish, frogs,
1 tadpoles, and turtles, which have been declared threatened with
2 extinction by the Secretary, United States Department of the
3 Interior, and appear on the Endangered Species List or the
4 Native Endangered Species List as published in the Federal
5 Register, or any species or sub-species of wild birds or wild
6 animals, except fish, frogs, tadpoles, and turtles, native to
7 this Commonwealth which may be declared to be threatened with
8 extinction by action of the commission and published in the
9 Pennsylvania Bulletin.
10 The term "rare species" shall include all species and
11 subspecies of wild birds and wild animals, except fish, frogs,
12 tadpoles, and turtles, which are declared in such small numbers
13 throughout their range by the Secretary, United States
14 Department of the Interior, that they may become endangered if
15 their environment worsens, and appear on a rare species list as
16 published in the Federal Register, or any species or subspecies
17 of wild birds or wild animals, except fish, frogs, tadpoles, and
18 turtles, native to this Commonwealth which may be declared in
19 such small numbers throughout their range by the commission,
20 that they may become endangered if their environment worsens,
21 and published in the Pennsylvania Bulletin.
22 The term "wild animals" includes all animals other than
23 domestic animals.
24 Section 2. The act is amended by adding two sections to
25 read:
26 Section 418.2. Endangered and Rare Species.--The commission
27 may issue permits for the importation, exportation, sale,
28 exchange, taking or possession of any birds or animals of any
29 endangered or rare species, living or dead, or any parts
30 thereof, found in the wild state within this Commonwealth or in
19730S0305B0306 - 2 -
1 any other state or nation to any public zoological garden or
2 institution with scientific staff and facilities, solely for the
3 purposes of the protection or propagation of such endangered or
4 rare species.
5 Section 723.1. Endangered and Rare Species.--(a) The
6 commission may by appropriate action, add or remove any wild
7 bird or wild animal native to this Commonwealth to or from the
8 list of endangered or rare species.
9 (b) Except as otherwise provided in this act, it shall be
10 unlawful for any person, acting either for himself or as the
11 representative of another, to bring into or remove from this
12 Commonwealth, or to possess, transport, capture, kill, or
13 attempt to capture or kill, any wild bird or wild animal, or any
14 part thereof, or the eggs of any wild bird, which are endangered
15 or rare species of wild birds or wild animals as defined in
16 section 101 of this act. It shall be the duty of every officer
17 having authority to enforce this act to seize all such wild
18 birds or wild animals, or any part thereof, or the eggs of any
19 wild bird which have been declared endangered or rare species.
20 All such wild birds or wild animals, or any part thereof, or the
21 eggs so seized found to be in violation of this subsection shall
22 be declared contraband and forfeited to the Commonwealth and
23 shall be disposed of at the discretion of the director.
24 Any person violating any of the provisions of this subsection
25 shall, upon summary conviction, for the first offense, be
26 sentenced to pay a fine of two hundred dollars ($200), and the
27 costs of prosecution.
28 Any person convicted of subsequent offenses under this
29 subsection, shall be deemed guilty of a misdemeanor, and upon
30 conviction, shall be sentenced to pay a fine of up to four
19730S0305B0306 - 3 -
1 hundred dollars ($400) and the costs of prosecution, or six
2 months imprisonment, or both.
3 (c) Except as otherwise provided in this act, it shall be
4 unlawful for any person acting either for himself, or as a
5 representative of another, at any time, to buy, sell, or barter,
6 or exchange, or to offer for sale or barter, or to have in
7 possession for sale or barter, or to give away, any endangered
8 or rare species or subspecies of wild birds or wild animals, or
9 parts thereof, as defined in section 101 of this act.
10 It shall be the duty of every officer having authority to
11 enforce this act to seize all such endangered or rare species of
12 wild birds or wild animals, or any part thereof. All such wild
13 birds or wild animals, or any part thereof, found to be in
14 violation of this subsection shall be declared contraband and
15 forfeited to the Commonwealth and shall be disposed of at the
16 discretion of the director.
17 Any person violating any provision of this subsection shall,
18 upon summary conviction for the first offense, be sentenced to
19 pay a fine of four hundred dollars ($400), and the costs of
20 prosecution.
21 Any person convicted of subsequent offenses under this
22 provision, shall be deemed guilty of a misdemeanor, and, upon
23 conviction of such offense, shall be sentenced to pay a fine of
24 not less than two thousand dollars ($2000), nor more than four
25 thousand dollars ($4000) or imprisonment not exceeding one (1)
26 year, or both.
27 (d) In order to provide an orderly and just implementation
28 of the several provisions of this section, any person who shall
29 have in his possession on the effective date of this amendatory
30 act, any endangered or rare species of wild birds or wild
19730S0305B0306 - 4 -
1 animals or any part thereof, including the eggs of such birds,
2 as defined in section 101 of this act shall be exempt from the
3 penalties and forfeiture provisions set forth in this section.
4 The burden of proof that such endangered or rare species of wild
5 birds or wild animals, or any part thereof, were legally
6 obtained prior to the effective date of this amendatory act
7 shall be upon the person in whose possession such may be found.
8 Section 3. This act shall take effect immediately.
A16L29RLC/19730S0305B0306 - 5 -