PRINTER'S NO. 3821
No. 2871 Session of 1994
INTRODUCED BY SURRA, BELARDI, MARKOSEK, LEVDANSKY, MELIO,
LEDERER, BAKER, FICHTER, CESSAR, HENNESSEY, HANNA, VEON,
SCHEETZ, NAILOR, BELFANTI, TANGRETTI, COLAIZZO, GEIST,
HUTCHINSON, STABACK, L. I. COHEN, ROONEY, PISTELLA, PETRONE,
STEELMAN, YOUNGBLOOD AND TRELLO, JUNE 7, 1994
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 7, 1994
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for penalties for unlawful taking
3 or possession of game or wildlife, for penalties for unlawful
4 use of lights while hunting, for penalties for buying and
5 selling game and for penalties for unlawful killing or taking
6 of big game.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 2307(d), 2310(c), 2312(d) and 2321(d) of
10 Title 34 of the Pennsylvania Consolidated Statutes are amended
11 to read:
12 § 2307. Unlawful taking or possession of game or wildlife.
13 * * *
14 (d) Penalties.--A violation of this section relating to:
15 (1) Threatened or endangered species is a misdemeanor of
16 the third degree with the maximum fine provided for under
17 section 925 (relating to jurisdiction and penalties) and the
18 maximum period of license revocation or denial provided for
1 under section 929 (relating to revocation or denial of
2 license, permit or registration).
3 (2) Elk [or bear] is a [summary offense] misdemeanor of
4 the [first] third degree with the maximum fine provided for
5 under section 925 and the maximum period of license
6 revocation or denial provided for under section 929.
7 (2.1) Bear is a summary offense of the first degree.
8 (3) Deer is a summary offense of the second degree.
9 (4) Bobcat or otter is a summary offense of the third
10 degree.
11 (5) Wild turkey or beaver is a summary offense of the
12 fourth degree.
13 (6) Any other game or wildlife is a summary offense of
14 the fifth degree.
15 § 2310. Unlawful use of lights while hunting.
16 * * *
17 (c) Penalties.--A violation of this section is a summary
18 offense of the fifth degree. In addition thereto, if any attempt
19 is made to take any game or wildlife or if any firearm or
20 implement capable of killing or wounding game or wildlife is
21 possessed, the person or persons shall be sentenced to the
22 additional penalties of:
23 (1) For each endangered or threatened species, a fine of
24 [$1,000] $2,500 and forfeiture of the privilege to hunt or
25 take game or wildlife anywhere within this Commonwealth for a
26 period of ten years.
27 (1.1) For each elk, a fine of $2,500 and forfeiture of
28 the privilege to hunt or take game or wildlife anywhere
29 within this Commonwealth for a period of ten years.
30 (2) For each [elk or] bear, a fine of $800 and
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1 forfeiture of the privilege to hunt or take game or wildlife
2 anywhere within this Commonwealth for a period of five years.
3 (3) For each deer, a fine of $500 and forfeiture of the
4 privilege to hunt or take game or wildlife anywhere within
5 this Commonwealth for a period of three years.
6 (4) For each bobcat or otter, a fine of $300 and
7 forfeiture of the privilege to hunt or take game or wildlife
8 anywhere within this Commonwealth for a period of three
9 years.
10 (5) For each turkey or beaver, a fine of $200 and
11 forfeiture of the privilege to hunt or take game or wildlife
12 anywhere within this Commonwealth for a period of two years.
13 (6) For each other bird or animal, a fine of $100 and
14 forfeiture of the privilege to hunt or take game or wildlife
15 anywhere within this Commonwealth for a period of one year.
16 * * *
17 § 2312. Buying and selling game.
18 * * *
19 (d) Penalty.--A violation of this section relating to:
20 (1) Elk [or bear] is a [summary offense] misdemeanor of
21 the [first] third degree and results in forfeiture of the
22 privilege to hunt or take wildlife anywhere within this
23 Commonwealth for a period of [five] ten years.
24 (1.1) Bear is a summary offense of the first degree and
25 results in forfeiture of the privilege to hunt or take
26 wildlife anywhere within this Commonwealth for a period of
27 five years.
28 (2) Deer is a summary offense of the second degree and
29 results in forfeiture of the privilege to hunt or take game
30 or wildlife anywhere within this Commonwealth for a period of
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1 three years.
2 (3) Bobcat or otter is a summary offense of the third
3 degree and results in forfeiture of the privilege to hunt or
4 take game or wildlife anywhere within this Commonwealth for a
5 period of three years.
6 (4) Wild turkey or beaver is a summary offense of the
7 fourth degree and results in forfeiture of the privilege to
8 hunt or take game or wildlife anywhere within this
9 Commonwealth for a period of two years.
10 (5) Each other wild bird or wild animal is a summary
11 offense of the fifth degree and results in forfeiture of the
12 privilege to hunt or take game or wildlife anywhere within
13 this Commonwealth for a period of one year.
14 § 2321. Unlawful killing or taking of big game.
15 * * *
16 (d) Penalty.--
17 (1) A violation of this section relating to [bear or]
18 elk is a [summary offense] misdemeanor of the [first] third
19 degree.
20 (1.1) A violation of this section relating to bear is a
21 summary offense of the first degree.
22 (2) A violation of this section relating to deer is a
23 summary offense of the second degree.
24 (3) A violation of this section relating to wild turkey
25 is a summary offense of the fourth degree.
26 (4) Each bird or animal or part thereof involved in a
27 violation constitutes a separate offense.
28 Section 2. This act shall apply to offenses committed on or
29 after the effective date of this act.
30 Section 3. This act shall take effect in 60 days.
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