PRINTER'S NO. 1432
No. 1210 Session of 1985
INTRODUCED BY BUSH, PETRONE, CHADWICK, SHOWERS, DISTLER, FARGO,
AFFLERBACH, SEMMEL, TRELLO, GEIST, ARGALL, PRATT, PERZEL,
NOYE, HASAY, HOWLETT, BATTISTO AND CARLSON, MAY 14, 1985
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 14, 1985
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," providing a separate penalty for
5 the buying and selling of game.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 716 of the act of June 3, 1937 (P.L.1225,
9 No.316), known as The Game Law, amended November 25, 1981
10 (P.L.424, No.132), is amended to read:
11 Section 716. Buying and Selling Game and Certain Parts.--(a)
12 Except as otherwise provided by this act, it is unlawful for any
13 person, at any time, to buy, sell, or barter, or offer for sale
14 or barter, or have in possession for sale or barter, any game
15 taken from a wild state within the Commonwealth or the progeny
16 or the edible flesh of any such game. The edible flesh of game
17 shall mean that portion which is normally eaten by humans as
18 food. Dead raccoons lawfully taken during the open season may be
19 sold unskinned to any person lawfully authorized to purchase raw
1 furs in the Commonwealth for the sole purpose of skinning such
2 animals to obtain the pelts therefrom. It shall be unlawful to
3 sell or barter, or offer for sale or barter, the skinned
4 carcasses or flesh of such raccoons under any circumstances.
5 (b) Parts of game lawfully taken during the open hunting
6 season, other than the edible flesh of game and parts of
7 migratory game birds, may be sold by the person who legally
8 killed such game providing that such edible flesh is totally
9 removed from such part or parts and such part or parts are sold
10 within ninety (90) days following the close of the hunting
11 season in which such species was taken. Parts of migratory game
12 birds may be sold only in accordance with provisions of Federal
13 law.
14 (c) It shall be unlawful for any person other than the
15 commission, to sell any part of any game bird or game animal
16 killed as a protection to crops.
17 (d) Any person who barters or sells any part or parts of
18 game of which the edible flesh has not been totally removed, or
19 barters or sells any part or parts of game contrary to the
20 provisions of this section, shall be construed as selling game
21 and subject such person to the penalties provided in [this act
22 for bartering or selling game] subsection (f).
23 (e) Nothing in this section shall be construed to prohibit
24 any person at any time from possessing or buying or selling game
25 or parts thereof legally taken or obtained from another state or
26 nation: Provided, however, such person shall immediately, upon
27 inquiry from any officer authorized to enforce this act, inform
28 the officer to his satisfaction where such game or parts thereof
29 were taken or acquired. In case any person shall fail or refuse
30 to immediately inform such officer to his satisfaction, where
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1 such game or parts thereof were taken or acquired, such game
2 shall be construed to have been taken in this Commonwealth and
3 such person shall be subject to the penalties provided for in
4 this act for the illegal possession, buying, bartering or
5 selling as the case may be.
6 (f) Any person violating the provisions of this section
7 shall, upon conviction, be sentenced to pay a fine of two
8 thousand dollars ($2,000) or undergo imprisonment for two (2)
9 years, or both.
10 Section 2. This act shall take effect in 60 days.
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