HOUSE AMENDED
PRIOR PRINTER'S NOS. 298, 1057, 1071 PRINTER'S NO. 1350
No. 279 Session of 1983
INTRODUCED BY O'CONNELL, SINGEL, SNYDER, HELFRICK, REIBMAN AND
ANDREZESKI, FEBRUARY 15, 1983
AS RE-REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 12, 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 menagerie <--
5 permits for educational purposes FOR APPLICATIONS AND PERMITS <--
6 FOR MENAGERIES; FURTHER PROVIDING FOR PERMITS TO DEAL IN AND
7 POSSESS WILDLIFE; AND PROVIDING FOR REFUNDS OF CERTAIN FEES; <--
8 AND FURTHER PROVIDING FOR PENALTIES.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 417 402 of the act of June 3, 1937 <--
12 (P.L.1225, No.316), known as The Game Law, amended March 13, <--
13 1982 (P.L.185, No.60) OCTOBER 4, 1983 (NO.40), is amended to <--
14 read:
15 SECTION 402. APPLICATION FOR PERMITS.--ANY PERSON, FIRM, <--
16 ASSOCIATION, OR CORPORATION DESIRING A PERMIT, AS PROVIDED FOR
17 IN THIS ARTICLE, SHALL PRESENT AN APPLICATION THEREFOR, ON FORMS
18 SUPPLIED BY THE COMMISSION, AND SHALL PAY TO THE DIRECTOR THE
19 FOLLOWING FEES: PERMIT FOR A DISABLED PERSON TO HUNT FROM AN
1 AUTOMOBILE, ONE DOLLAR ($1); COLLECTING PERMIT, TEN DOLLARS
2 ($10); FALCONRY PERMIT, TEN DOLLARS ($10); FUR DEALER'S EMPLOYES
3 PERMIT, TEN DOLLARS ($10); PERMIT FOR POSSESSING OR OWNING A <--
4 FERRET OR FITCH, TEN DOLLARS ($10); PERMIT TO RELEASE AND RETRAP
5 BOBWHITE QUAIL FOR DOG TRAINING PURPOSES, TEN DOLLARS
6 ($10);MENAGERIE, [THREE HUNDRED DOLLARS ($300)] ONE HUNDRED
7 DOLLARS ($100); GAME PROPAGATION, FIFTEEN DOLLARS ($15); FUR
8 FARMING, FIFTEEN DOLLARS ($15); TAXIDERMISTS DESIRING TO
9 PRACTICE TAXIDERMY FOR PROFIT SHALL PAY FIFTY DOLLARS ($50) FOR
10 INITIAL APPLICATION AND PERMIT, AND TWENTY-FIVE DOLLARS ($25)
11 PER YEAR THEREAFTER FOR RENEWAL OF PERMIT; RESIDENT FUR DEALERS,
12 TWENTY-FIVE DOLLARS ($25); NONRESIDENT FUR DEALERS, PURCHASING
13 OR RECEIVING RAW FURS FOR COMMERCIAL PURPOSES IN THIS
14 COMMONWEALTH, SHALL PAY ONE HUNDRED DOLLARS ($100); PERSONS
15 DESIRING TO OPERATE REGULATED SHOOTING GROUNDS ON A NON-
16 COMMERCIAL BASIS SHALL PAY TWENTY-FIVE DOLLARS ($25) FOR THE
17 FIRST ONE HUNDRED ACRES IN THE TRACT SO USED, AND FIVE DOLLARS
18 ($5) FOR EACH ADDITIONAL ONE HUNDRED ACRES OR FRACTION THEREOF;
19 PERSONS DESIRING TO OPERATE REGULATED SHOOTING GROUNDS ON A
20 COMMERCIAL BASIS SHALL PAY FIFTY DOLLARS ($50) FOR THE FIRST ONE
21 HUNDRED ACRES, AND TEN DOLLARS ($10) FOR EACH ADDITIONAL ONE
22 HUNDRED ACRES, OR FRACTION THEREOF; AND BREEDERS AND DEALERS IN
23 FERRETS OR FITCHES SHALL PAY FIFTY DOLLARS ($50); SPECIAL
24 RETRIEVER DOG TRAINING AREA PERMIT, THIRTY-FIVE DOLLARS ($35);
25 WILDLIFE DEALER'S PERMIT, [FIVE HUNDRED DOLLARS ($500)] TWO
26 HUNDRED DOLLARS ($200); AND FOR A WILDLIFE POSSESSION PERMIT,
27 [TWO HUNDRED DOLLARS ($200)] FIFTY DOLLARS ($50) FOR EACH
28 ANIMAL.
29 IN THE CASE OF APPLICATIONS FOR PERMITS BY FIRMS,
30 ASSOCIATIONS, OR CORPORATIONS, THE APPLICATION SHALL BEAR THE
19830S0279B1350 - 2 -
1 NAME OF THE PRESIDENT OR GENERAL MANAGER, AND THE PERMIT SHALL
2 BE ISSUED IN [HIS NAME] THE NAME OF THE FIRM, ASSOCIATION OR
3 CORPORATION IF IT IS REGISTERED WITH THE COMMONWEALTH OR
4 OTHERWISE IN THE NAME OF THE PRESIDENT OR GENERAL MANAGER. ALL
5 APPLICATIONS FOR PROPAGATING PERMITS AND REGULATED SHOOTING
6 GROUNDS PERMITS SHALL BE ACCOMPANIED BY A WRITTEN DESCRIPTION
7 AND A MAP OR SKETCH OF THE PREMISES TO BE USED FOR SUCH
8 PURPOSES, WITH THE LOCATION THEREOF.
9 SECTION 2. THE HEADING OF SUBDIVISION (H) OF ARTICLE IV OF
10 THE ACT IS AMENDED TO READ:
11 (H) PERMITS TO MAINTAIN [ROADSIDE] MENAGERIES
12 SECTION 3. SECTIONS 417, 417.2 AND, 418 AND 419(M), (O.1) <--
13 AND (O.2) OF THE ACT, ADDED OR AMENDED MARCH 13, 1982 (P.L.185,
14 NO.60), ARE AMENDED TO READ:
15 Section 417. Permits for Menageries.--(a) The commission
16 may grant permits for menageries which are hereby defined as any
17 place where one or more wild birds or wild animals or one or
18 more birds or animals which have similar characteristics and
19 appearance of birds or animals wild by nature are kept in
20 captivity for the evident purpose of exhibition with or without
21 charge.
22 (b) The director may issue a menagerie permit to any person
23 for the exclusive purpose of displaying LAWFULLY ACQUIRED <--
24 wildlife native to Pennsylvania for educational purposes which <--
25 permit shall be issued free of charge. The phrase "educational
26 purposes" shall mean displays by or for public or private
27 schools, sportsmen's organizations, Boy Scout Troops, Girl Scout <--
28 Troops, YOUTH ORGANIZATIONS, CIVIC ASSOCIATIONS, conservation <--
29 camps and schools or any other organization deemed appropriate
30 by the director.
19830S0279B1350 - 3 -
1 (c) The term "menagerie" shall not include the exhibition of
2 any wild bird or wild animal in any public zoological garden,
3 which receives government grants or appropriations OR IN ANY <--
4 PRIVATE ZOOLOGICAL PARK OR GARDEN WHICH IS OPEN TO THE PUBLIC
5 AND WHICH IS ACCREDITED BY THE AMERICAN ASSOCIATION OF
6 ZOOLOGICAL PARKS AND AQUARIUMS, or by any nationally recognized
7 circus. [Any sportsmen's club or organization incorporated under <--
8 the laws of this Commonwealth may sponsor and conduct a
9 menagerie at an annual county fair and under such circumstances
10 the menagerie permit shall be issued free of charge.] The term <--
11 "wildlife" as used in this section shall mean any wild bird or
12 wild animal or any bird or animal having similar characteristics
13 and appearance of a bird or animal wild by nature as
14 distinguished from the common domestic birds or animals, whether
15 or not such birds or animals were bred or reared in captivity.
16 (d) No permit shall be granted by the commission until it is
17 satisfied that the provisions for housing and caring for such
18 wildlife, and for protecting the public, are proper and
19 adequate, and in accordance with the standard therefor
20 established by the commission.
21 (e) The commission shall adopt and enforce rules and
22 regulations for the housing, care, treatment, feeding,
23 sanitation, purchase and disposal of wildlife kept in
24 menageries, and for the protection of the public from injury by
25 such wildlife.
26 (f) It is unlawful for any person, firm, association or
27 corporation to keep any wildlife in captivity, for public
28 exhibition or to have any wildlife in custody or control for
29 such purpose, without first securing a menagerie permit issued
30 by the commission.
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1 (g) It shall be unlawful for the holder of a menagerie
2 permit to violate any of the provisions of this act or rules and
3 regulations adopted thereunder by the commission or to release
4 any wildlife into the wild. In addition to the cash penalties
5 hereinafter provided, the director of the commission may, for
6 violating any of the provisions of this section or rules and
7 regulations adopted thereunder, revoke or suspend any menagerie
8 permit and order the disposal of any wildlife held.
9 (H) ONE MENAGERIE PERMIT SHALL ENABLE THE HOLDER THEREOF TO <--
10 OPERATE ANY NUMBER OF MENAGERIES OWNED BY PERMIT HOLDER AT
11 TEMPORARY LOCATIONS FOR DISPLAY PURPOSES DURING THE PERMIT YEAR.
12 SECTION 417.2. PERMITS TO DEAL IN WILDLIFE.--THE COMMISSION
13 MAY ISSUE PERMITS TO PERSONS, FIRMS, ASSOCIATIONS OR
14 CORPORATIONS TO ACT AS WILDLIFE DEALERS WHICH SHALL AUTHORIZE
15 THE HOLDER THEREOF TO IMPORT INTO THE COMMONWEALTH, POSSESS,
16 BUY, SELL, LOCATE OR FIND FOR A FEE, BARTER, DONATE OR OTHERWISE
17 DISPOSE OF WILDLIFE. A WILDLIFE DEALER SHALL MEAN ANY PERSON WHO
18 IMPORTS INTO THE COMMONWEALTH, POSSESSES, BUYS, SELLS, LOCATES
19 OR FINDS FOR A FEE, BARTERS, DONATES OR OTHERWISE DISPOSES OF
20 MORE THAN ONE BIRD OR ONE ANIMAL CLASSIFIED AS WILDLIFE DURING
21 ANY CALENDAR YEAR. A WILDLIFE DEALER SHALL NOT INCLUDE A PUBLIC
22 ZOOLOGICAL GARDEN WHICH RECEIVES GOVERNMENTAL GRANTS OR
23 APPROPRIATIONS, OR A PRIVATE ZOOLOGICAL PARK OR GARDEN WHICH IS <--
24 OPEN TO THE PUBLIC AND WHICH IS ACCREDITED BY THE AMERICAN
25 ASSOCIATION OF ZOOLOGICAL PARKS AND AQUARIUMS, OR ANY PERSON,
26 FIRM, ASSOCIATION OR CORPORATION WHO OR WHICH HOLDS A MENAGERIE
27 PERMIT, PROVIDING THE PURCHASE OR SALE OF WILDLIFE OR OTHER
28 AUTHORIZED TRANSACTION IS CONDUCTED FOR THE SOLE PURPOSE OF
29 MAINTAINING STOCK FOR SUCH MENAGERIE, OR ANY NATIONALLY
30 RECOGNIZED CIRCUS.
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1 WHENEVER USED IN THIS SECTION, THE WORD ["WILDLIFE," UNLESS
2 FURTHER DEFINED BY RESOLUTION OF THE COMMISSION,] "WILDLIFE"
3 SHALL MEAN, ALL BEARS, ALL COYOTES, ALL LIONS, ALL TIGERS, ALL
4 LEOPARDS, ALL JAGUARS, ALL CHEETAHS, ALL COUGARS, ALL WOLVES AND
5 ANY CROSSBREED OF SUCH ANIMALS WHICH HAVE SIMILAR
6 CHARACTERISTICS OF THE ANIMALS SPECIFIED HEREIN. [IN ORDER TO
7 PROPERLY ADMINISTER THE PROVISIONS OF THIS SECTION, THE
8 COMMISSION MAY, BY RESOLUTION, ADD ANY BIRD OR ANIMAL TO OR
9 REMOVE ANY BIRD OR ANIMAL FROM THE CLASSIFICATION OF WILDLIFE.]
10 NO PERMIT PROVIDED FOR IN THIS SECTION SHALL BE GRANTED BY
11 THE COMMISSION UNTIL IT IS SATISFIED THAT THE PROVISION FOR
12 HOUSING AND CARING FOR SUCH WILDLIFE, AND FOR PROTECTING THE
13 PUBLIC, ARE PROPER AND ADEQUATE AND IN ACCORDANCE WITH THE
14 STANDARD ESTABLISHED BY RULES AND REGULATIONS ADOPTED BY THE
15 COMMISSION.
16 IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, ASSOCIATION OR
17 CORPORATION TO IMPORT INTO THE COMMONWEALTH, POSSESS, BUY, SELL,
18 LOCATE OR FIND FOR A FEE, BARTER, DONATE, OR OTHERWISE DISPOSE
19 OF MORE THAN ONE BIRD OR ONE ANIMAL CLASSIFIED AS WILDLIFE IN
20 ANY CALENDAR YEAR WITHOUT FIRST SECURING A PERMIT AS REQUIRED IN
21 THIS SECTION. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,
22 ASSOCIATION OR CORPORATION TO RELEASE WILDLIFE, AS DEFINED IN
23 THIS SECTION, INTO THE WILD.
24 IN ADDITION TO THE PENALTIES HEREINAFTER PROVIDED, THE
25 DIRECTOR MAY, FOR ANY VIOLATION OF THE PROVISIONS OF THIS
26 SECTION OR RULES AND REGULATIONS ADOPTED THEREUNDER, REVOKE OR
27 SUSPEND ANY PERMIT AND ORDER THE DISPOSAL OF ANY WILDLIFE HELD.
28 SECTION 418. PERMITS TO POSSESS WILDLIFE.--THE COMMISSION
29 MAY ISSUE PERMITS TO PERSONS TO POSSESS WILDLIFE WHICH SHALL
30 AUTHORIZE THE HOLDER THEREOF TO PURCHASE, RECEIVE OR POSSESS
19830S0279B1350 - 6 -
1 WILDLIFE FROM ANY LAWFUL SOURCE FROM WITHIN OR OUTSIDE OF THIS
2 COMMONWEALTH. WHENEVER USED IN THIS SECTION, THE WORD
3 ["WILDLIFE," UNLESS FURTHER DEFINED BY RESOLUTION OF THE
4 COMMISSION,] "WILDLIFE" SHALL MEAN ALL BEARS, ALL COYOTES, ALL
5 LIONS, ALL TIGERS, ALL LEOPARDS, ALL JAGUARS, ALL CHEETAHS, ALL
6 COUGARS, ALL WOLVES AND ANY CROSSBREED OF SUCH ANIMALS WHICH
7 HAVE SIMILAR CHARACTERISTICS OF THE ANIMALS SPECIFIED HEREIN.
8 [IN ORDER TO PROPERLY ADMINISTER THE PROVISIONS OF THIS SECTION,
9 THE COMMISSION MAY, BY RESOLUTION, ADD ANY ANIMAL TO OR REMOVE
10 ANY ANIMAL FROM THE CLASSIFICATION OF WILDLIFE.] THE PROVISIONS
11 OF THIS SECTION SHALL NOT INCLUDE ANY PUBLIC ZOOLOGICAL GARDEN
12 WHICH RECEIVES GOVERNMENT GRANTS OR APPROPRIATIONS, OR ANY <--
13 PRIVATE ZOOLOGICAL PARK OR GARDEN WHICH IS OPEN TO THE PUBLIC
14 AND WHICH IS ACCREDITED BY THE AMERICAN ASSOCIATION OF
15 ZOOLOGICAL PARKS AND AQUARIUMS, ANY PERSON, FIRM, ASSOCIATION OR
16 CORPORATION WHICH HOLDS A MENAGERIE PERMIT, OR ANY NATIONALLY
17 RECOGNIZED CIRCUS.
18 NO PERMIT PROVIDED FOR IN THIS SECTION SHALL BE GRANTED BY
19 THE COMMISSION UNTIL IT IS SATISFIED THAT THE PROVISIONS FOR
20 HOUSING AND CARING FOR SUCH WILDLIFE AND FOR PROTECTING THE
21 PUBLIC ARE PROPER AND ADEQUATE AND IN ACCORDANCE WITH THE
22 STANDARDS ESTABLISHED BY RULES AND REGULATIONS OF THE
23 COMMISSION.
24 IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS, PURCHASE OR
25 RECEIVE WILDLIFE UNDER ANY CIRCUMSTANCES WITHOUT FIRST SECURING
26 A PERMIT AS REQUIRED IN THIS SECTION. IT SHALL BE UNLAWFUL FOR
27 ANY PERSON TO RELEASE WILDLIFE AS DEFINED IN THIS SECTION INTO
28 THE WILD.
29 IN ADDITION TO THE PENALTIES HEREINAFTER PROVIDED, THE
30 DIRECTOR MAY, FOR ANY VIOLATION OF THE PROVISIONS OF THIS
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1 SECTION OR RULES AND REGULATIONS ADOPTED THEREUNDER, REVOKE OR
2 SUSPEND ANY PERMIT AND ORDER THE DISPOSAL OF ANY WILDLIFE HELD.
3 SECTION 419. PENALTIES.--ANY PERSON VIOLATING ANY OF THE <--
4 PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS ADOPTED BY
5 THE COMMISSION SHALL, UPON CONVICTION, BE SENTENCED TO PAY THE
6 FOLLOWING FINES AND COSTS OF PROSECUTION FOR EACH OFFENSE:
7 * * *
8 (M) FOR VIOLATING ANY PROVISION OF SECTION 417 OR FOR
9 VIOLATING ANY RULE OR REGULATION ADOPTED THEREUNDER BY THE
10 COMMISSION, [THREE HUNDRED DOLLARS] FIFTY DOLLARS;
11 * * *
12 (O.1) FOR VIOLATING ANY PROVISION OF SECTION 417.2 OR ANY
13 RULE OR REGULATION ADOPTED THEREUNDER BY THE COMMISSION, [FIVE
14 HUNDRED DOLLARS] FIFTY DOLLARS;
15 (O.2) FOR VIOLATING ANY PROVISION OF SECTION 418 OR ANY RULE
16 OR REGULATION ADOPTED THEREUNDER BY THE COMMISSION, [THREE
17 HUNDRED DOLLARS] FIFTY DOLLARS;
18 * * *
19 SECTION 4. ALL FEES PAID DURING THE 1981-1982 AND, 1982-1983 <--
20 AND 1983-1984 LICENSE YEARS FOR PERMITS FOR MENAGERIES, PERMITS <--
21 TO DEAL IN WILDLIFE AND PERMITS TO POSSESS WILDLIFE, WHICH
22 EXCEED THE FEES ESTABLISHED BY THIS AMENDATORY ACT, SHALL BE
23 REFUNDED OR CREDITED BY THE PENNSYLVANIA GAME COMMISSION TO ALL
24 THOSE PERMIT HOLDERS WHO PAID SUCH FEES.
25 SECTION 5. THE PROVISIONS OF THIS AMENDATORY ACT AFFECTING
26 SECTION 402 OF THE ACT SHALL BE RETROACTIVE TO THE 1981-1982
27 LICENSE YEAR.
28 Section 2 6. This act shall take effect immediately. <--
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