SENATE AMENDED
        PRIOR PRINTER'S NOS. 189, 944                 PRINTER'S NO. 1643

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 166 Session of 1983


        INTRODUCED BY LLOYD, BELFANTI, PRATT, FARGO, MERRY, RYBAK, NOYE,
           PISTELLA, MORRIS, DeLUCA, D. R. WRIGHT, MAYERNIK, BALDWIN,
           TELEK, WOZNIAK, PERZEL AND McINTYRE, FEBRUARY 8, 1983

        AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JULY 19, 1983

                                     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," further providing for the
     5     disturbing of traps; and providing penalties for harassment
     6     of wildlife.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 607 of the act of June 3, 1937 (P.L.1225,
    10  No.316), known as The Game Law, amended May 23, 1947 (P.L.317,
    11  No.139), is amended to read:
    12     Section 607.  Disturbing Traps of Another.--[It] Except as
    13  hereafter provided, it is unlawful for any person to disturb the
    14  traps of another, or to take a fur-bearing animal, raccoon or
    15  predator from the traps of another, unless specifically
    16  authorized by the owner of the trap.
    17     Except as otherwise provided by law, and unless traps are set
    18  on private property without the permission of the owners or
    19  occupiers of the property, it is unlawful for any person to

     1  tamper with, disturb, mutilate, destroy or remove any trap or
     2  other device set by an officer or any other agent of the
     3  commission for the purpose of trapping wild animals or birds, or
     4  to interfere in any manner whatsoever with such trapping
     5  operation, or to remove or attempt to remove any animal or bird
     6  from such trap or device.
     7     When traps are set on private property without the permission
     8  of the landowner, lessees or their employes, the owner, lessees
     9  or their employes may remove the traps and notify an officer of
    10  the commission within forty-eight hours. All traps removed shall
    11  be turned over to a commission officer. The officer shall notify
    12  the trapper within ten days to claim the traps. If the traps are
    13  not claimed within thirty days following notification or the
    14  trapper cannot be located, the traps shall be forfeited to the
    15  commission.
    16     Section 2.  The act is amended by adding a section to read:
    17     Section 732.  Harassment of Wildlife.--(a)  Any person is
    18  guilty of an unlawful act if he harasses, drives, or disturbs
    19  any wildlife with the intent of disrupting the lawful taking,
    20  killing, or wounding or the attempted lawful taking, killing, or
    21  wounding of any wildlife. Such a person shall, upon conviction,
    22  be sentenced to a fine of up to five hundred dollars ($500),
    23  imprisonment for up to thirty (30) days, or both.
    24     (b)  This section shall not apply to any owner of land, or     <--
    25  his agent, who takes any action on that land to protect the
    26  land, any building or other facilities, or any crops or other
    27  vegetation from damage by any wildlife. This section shall also
    28  not apply OR to any member of the commission, the director of     <--
    29  the commission, any lawfully qualified representative of the
    30  commission, or any other law enforcement officer engaged in any
    19830H0166B1643                  - 2 -

     1  otherwise lawful action.
     2     Section 3.  This act shall take effect in 60 days.



















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