PRINTER'S NO. 1073
No. 961 Session of 1991
INTRODUCED BY STABACK, FEE, GRUPPO, GODSHALL, DeWEESE, COY, NICKOL, FARGO, FAIRCHILD, NAILOR, STISH, NOYE, PESCI, S. H. SMITH, JAROLIN, DALEY, KRUSZEWSKI, McNALLY, BIRMELIN, BELFANTI, GEIST, KUKOVICH, GERLACH, ARMSTRONG, STEIGHNER, HECKLER, VEON, G. SNYDER, HASAY, McCALL, BOWLEY, BELARDI, MELIO, TIGUE, BARLEY, TRELLO, LEVDANSKY, BUSH, HANNA AND KING, APRIL 2, 1991
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 2, 1991
AN ACT 1 Amending Title 34 (Game) of the Pennsylvania Consolidated 2 Statutes, further prohibiting interference with the lawful 3 taking of wildlife or other activities permitted by the 4 Pennsylvania Game Commission. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 2302 of Title 34 of the Pennsylvania 8 Consolidated Statutes is amended to read: 9 § 2302. Interference with lawful [hunting or trapping] taking 10 of wildlife or other activities permitted by this 11 title prohibited. 12 (a) General rule.--Except as otherwise provided in this 13 title, it is unlawful [to : 14 (1) Interfere with the lawful hunting, trapping or 15 taking of game or wildlife. 16 (2) Disturb any game or wildlife, or engage in any
1 activity or place any object or substance that may disturb or 2 otherwise affect the behavior of any game or wildlife with 3 the intent to hinder or prevent its lawful taking. 4 (3) Disturb or interfere with another person who is 5 engaged in the lawful hunting, trapping or taking of game or 6 wildlife or who is engaged in or preparing to hunt, trap or 7 take any game or wildlife or prevent or hinder such person's 8 enjoyment of the outdoors. 9 (4) Enter or remain upon public lands or upon private 10 lands without permission of the owner or their agent, with 11 intent to violate this section. 12 (5) Fail to obey the order of any officer whose duty it 13 is to enforce any of the laws of this Commonwealth where such 14 officer observes any conduct which violates this section, or 15 has reasonable grounds to believe that any person intends to 16 engage in such conduct.] 17 for another person at the location where the activity is taking 18 place to intentionally obstruct or interfere with the lawful 19 taking of wildlife or other activities permitted by this title. 20 (a.1) Activities which violate section.--A person violates 21 this section when he intentionally or knowingly: 22 (1) drives or disturbs wildlife for the purpose of 23 disrupting the lawful taking of wildlife where another person 24 is engaged in the process of lawfully taking wildlife or 25 other permitted activities; 26 (2) blocks, impedes or otherwise harasses another person 27 who is engaged in the process of lawfully taking wildlife or 28 other permitted activities; 29 (3) uses natural or artificial visual, aural, olfactory 30 or physical stimuli to affect wildlife behavior in order to 19910H0961B1073 - 2 -
1 hinder or prevent the lawful taking of wildlife or other 2 permitted activities; 3 (4) creates or erects barriers with the intent to deny 4 ingress or egress to areas where the lawful taking of 5 wildlife or other permitted activities may occur; 6 (5) interjects himself into the line of fire; 7 (6) affects the condition or placement of personal or 8 public property intended for use in the lawful taking of 9 wildlife or other permitted activities in order to impair its 10 usefulness or prevent its use; 11 (7) enter or remain upon public lands or upon private 12 lands without permission of the owner or their agent, with 13 intent to violate this section; or 14 (8) fails to obey the order of any officer whose duty it 15 is to enforce any of the laws of this Commonwealth where such 16 officer observes any conduct which violates this section or 17 has reasonable grounds to believe that any person intends to 18 engage in such conduct. 19 (b) Enforcement and recovery of damages.--The commission or 20 any person who is lawfully engaged in the taking, hunting or 21 trapping of game or wildlife who is directly affected by a 22 violation of this section may bring an action to restrain 23 conduct declared unlawful in this section and to recover 24 damages. 25 (c) Exceptions.--The conduct declared unlawful in this 26 section does not include any activities arising from lawful 27 activity by other land uses, including farming, mining, forestry 28 practices, recreation or any other activities when it is evident 29 that such activities are not intended to violate this section. 30 (d) Penalties.--A violation of this section is a summary 19910H0961B1073 - 3 -
1 offense of the second degree. 2 Section 2. This act shall take effect July 1, 1991. C11L34RZ/19910H0961B1073 - 4 -