PRINTER'S NO. 1073

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     1  offense of the second degree.
     2     Section 2.  This act shall take effect July 1, 1991.



















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