PRINTER'S NO. 307
No. 306 Session of 1973
INTRODUCED BY HILL, HOWARD, COPPERSMITH, ROVNER, NOLAN, KURY,
O'PAKE, MESSINGER, W. E. FLEMING, DOUGHERTY AND BELL,
FEBRUARY 14, 1973
REFERRED TO ENVIRONMENTAL RESOURCES, FEBRUARY 14, 1973
AN ACT
1 Prohibiting the sale of articles made in whole or in part from
2 the skin, hide, or other parts of wild birds or animals
3 designated as rare or endangered species and providing
4 penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Whenever used in this act, unless a contrary
8 intention is evident from the context, the word "person" shall
9 include individuals, copartnerships, associations, and
10 corporations; the singular shall include the plural, and the
11 masculine, and feminine and neuter. The word "each" shall
12 include the whole or any substantial part or parts.
13 The term "endangered species" shall include all species and
14 sub-species of wild birds and wild animals, which have been
15 declared threatened with extinction by the Secretary, United
16 States Department of the Interior, and appear on the Endangered
17 Species List or the Native Endangered Species List as published
18 in the Federal Register, or any species or sub-species of wild
1 birds or wild animals, and turtles, native to this Commonwealth
2 which may be declared to be threatened with extinction by action
3 of the Pennsylvania Game Commission and published in the
4 Pennsylvania Bulletin.
5 The term "rare species" shall include all species and sub-
6 species of wild birds and wild animals, which are declared in
7 such small numbers throughout their range by the Secretary,
8 United States Department of the Interior, that they may become
9 endangered if their environment worsens, and appear on a Rare
10 Species List as published in the Federal Register, or any
11 species or sub-species of wild birds or wild animals, native to
12 this Commonwealth which may be declared in such small numbers
13 throughout their range by the Pennsylvania Game Commission, that
14 they may become endangered if their environment worsens, and
15 published in the Pennsylvania Bulletin.
16 Section 2. It shall be unlawful for any person acting either
17 for himself, or as a representative of another, at any time to
18 buy, sell, or barter, or to offer for sale or barter, or to
19 manufacture for sale or barter, or to have in possession for
20 sale or barter any article made in whole or in part from the
21 skin, hide, or other parts of any endangered or rare species of
22 wild birds or wild animals except as exempted in the act of June
23 3, 1937 (P.L.1225, No.316), known as "The Game Law."
24 It shall be the duty of every police officer having the
25 authority to enforce the laws of the Commonwealth to seize all
26 such articles made in whole or in part from the skin, hide, or
27 other parts of any endangered or rare species of wild birds or
28 wild animals. All such articles which are subsequently found to
29 be contraband shall be forfeited to the Commonwealth to be
30 disposed of at the discretion of the Director, Pennsylvania Game
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1 Commission.
2 Section 3. Any person violating this act shall, upon summary
3 conviction for the first offense, be sentenced to pay a fine of
4 up to four hundred dollars ($400), and the costs of prosecution.
5 Each magistrate, alderman, and justice of the peace shall
6 have the power of summary conviction in matters pertaining to
7 any violations under this act except in cases where that
8 violation is designated a misdemeanor.
9 All summary proceedings under the provisions of this act
10 shall be commenced by affidavit made within two years after the
11 date of any violation before the nearest available magistrate,
12 alderman or justice of the peace in any city, borough,
13 incorporated town or township in the county.
14 Any magistrate, alderman, or justice of the peace on
15 complaint made before him by affidavit charging any person with
16 having violated any of the provisions of this act, shall issue
17 his warrant, under his hand and seal, directed to any police
18 officer having the authority to enforce the laws of the
19 Commonwealth, and cause such person to be brought before him.
20 When any person is arrested without warrant, the officer
21 making the arrest shall immediately, except on Sunday, take such
22 person before a magistrate, alderman, or justice of the peace
23 and make complaint by affidavit.
24 The magistrate, alderman, or justice of the peace, or the
25 court in case of appeal shall in all cases hear the evidence and
26 determine the guilt or innocence of the person accused. If such
27 person is convicted under the provisions of this act and had in
28 his possession any article made in whole or in part from the
29 skin, hide, or other parts of any endangered or rare species of
30 wild birds or wild animals, that article shall be declared
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1 contraband. In any case the person shall pay the fine
2 prescribed, together with the costs of prosecution.
3 Section 4. Any person who commits a subsequent offense shall
4 be deemed guilty of a misdemeanor, and, upon conviction of such
5 offense, shall be sentenced to pay a fine of not less than two
6 thousand dollars ($2,000) nor more than four thousand dollars
7 ($4,000) or imprisonment not exceeding one year, or both.
8 Section 5. In order to provide an orderly and just
9 implementation of the several provisions of this act, any person
10 who shall have in his possession on the effective date of this
11 act, any article made in whole or in part from the skin, hide,
12 or other parts of any endangered or rare species of wild birds
13 or wild animals, shall, with respect to such article or articles
14 as are then in his possession, be exempt from the penalties and
15 provisions of this act. The person shall, for a period of one
16 year, be allowed to sell such articles to any other person, who
17 also is exempt from the penalties and provisions of this act.
18 The burden of proof that such articles were obtained prior to
19 this act shall be upon the person in whose possession such may
20 be found.
21 Section 6. This act shall take effect immediately.
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