PRINTER'S NO. 608
No. 565 Session of 2001
INTRODUCED BY WOGAN, J. TAYLOR, YOUNGBLOOD, KENNEY, BUTKOVITZ,
LEDERER, BLAUM, CIVERA, CLARK, CORRIGAN, FICHTER, FRANKEL,
GEIST, HASAY, HENNESSEY, HERSHEY, KELLER, LaGROTTA,
MICHLOVIC, RAYMOND, READSHAW, SAYLOR, SCRIMENTI, SHANER,
STABACK, E. Z. TAYLOR AND WILT, FEBRUARY 7, 2001
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 7, 2001
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for permits relating to certain
3 wildlife and for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2904, 2961, 2962, 2963, 2964 and 2965 of
7 Title 34 of the Pennsylvania Consolidated Statutes are amended
8 to read:
9 § 2904. Permit fees.
10 The annual fee for permits provided for in this chapter shall
11 be as follows:
12 (1) Bird banding - $25.
13 (2) Collecting $25.
14 (3) Disabled person - $5 for the lifetime of the
15 disabled person.
16 (3.1) Temporary permit for disabled person - $5 for the
17 license year.
1 (4) Dog training area $50.
2 (5) Dog trials (three consecutive days):
3 (i) Field trials - $25 per day.
4 (ii) Raccoon trials - $25 per day.
5 (iii) Retriever trials $25.
6 (6) Endangered or threatened species:
7 (i) Native $300.
8 (ii) Non-native - free with necessary Federal
9 permit.
10 (7) Falconry - $25 for each raptor held.
11 (8) Fox chasing $150.
12 (9) Fur dealers:
13 (i) Resident $100.
14 (ii) Nonresident $300.
15 (10) Regulated hunting grounds:
16 (i) Commercial - $100 for first 100 acres and $25
17 for each additional 100 acres, or part thereof.
18 (ii) Noncommercial - $38 for first 100 acres and $8
19 for each additional 100 acres, or part thereof.
20 (11) Retriever training area $50.
21 (12) Taxidermy $100.
22 (13) [Wildlife (exotic)] Inherently dangerous wildlife
23 dealer $200.
24 (14) Wildlife menagerie $100.
25 (15) [Wildlife (exotic)] Inherently dangerous wildlife
26 possession $50 per animal.
27 (16) Wildlife propagation - $25 for one species and $10
28 for each additional species.
29 (17) Commercial wildlife pest control - $50.
30 (18) The commission shall set a reasonable fee for any
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1 permit required by this title which is not specifically set
2 forth in this section.
3 § 2961. Definitions.
4 The following words and phrases when used in this subchapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Educational purposes." Displays by or for public or private
8 schools, sportsmen's organizations, youth organizations, civic
9 associations, conservation camps and school or any other
10 organization deemed appropriate by the commission.
11 "[Exotic] Inherently dangerous wildlife." The phrase
12 includes, but is not limited to, all bears, coyotes, lions,
13 tigers, leopards, jaguars, cheetahs, cougars, pit bulls, wolves
14 and any crossbreed of these animals which have similar
15 characteristics in appearance or features. The definition is
16 applicable whether or not the [birds or] animals were bred or
17 reared in captivity or imported from another state or nation.
18 "[Exotic] Inherently dangerous wildlife dealer." Any person
19 who imports into this Commonwealth, possesses, buys, sells,
20 locates or finds for a fee, barters, donates, gives away or
21 otherwise disposes of more than one [bird or one] animal
22 classified as [exotic] inherently dangerous wildlife by this
23 subchapter.
24 "Menagerie." Any place where one or more wild birds or wild
25 animals, or one or more birds or animals which have similar
26 characteristics and appearance to birds or animals wild by
27 nature, are kept in captivity for the evident purpose of
28 exhibition with or without charge.
29 § 2962. [Exotic] Inherently dangerous wildlife dealer permits.
30 (a) Authorization.--The commission may issue a permit to a
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1 person to act as an [exotic] inherently dangerous wildlife
2 dealer. The permit shall authorize the holder to import into
3 this Commonwealth, possess, buy, sell, locate or find for a fee,
4 barter, donate, give away or otherwise dispose of [exotic]
5 inherently dangerous wildlife. A dealer or third person who
6 arranges any trades, sales or purchases set forth in section
7 2965 (relating to exclusions) for any type of a fee,
8 reimbursement or commission shall be required to have an
9 [exotic] inherently dangerous wildlife dealer's permit.
10 (b) Shelter, care and protection.--No permit shall be
11 granted by the commission until it is satisfied that the
12 provisions for housing and caring for the [exotic] inherently
13 dangerous wildlife and protection for the public are proper and
14 adequate and in accordance with the standards which may be
15 established by regulations adopted by the commission.
16 (c) Unlawful acts.--It is unlawful for any person to:
17 (1) Import into this Commonwealth, possess, buy, sell,
18 locate or find for a fee, barter, donate, give away or
19 otherwise dispose of more than one [bird or one] animal
20 classified as [exotic] inherently dangerous wildlife in any
21 calendar year without first securing a permit issued under
22 this section.
23 (2) Release [exotic] inherently dangerous wildlife into
24 the wild.
25 (3) Fail to exercise due care in safeguarding the public
26 from attack by [exotic] inherently dangerous wildlife.
27 (4) Recklessly engage in conduct which places or may
28 place another person in danger of attack by [exotic]
29 inherently dangerous wildlife.
30 (d) Penalty.--
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1 (1) A violation of this section relating to permits or
2 regulations adopted thereunder is a summary offense of the
3 first degree.
4 (2) [Any] Except as provided in paragraph (2.1), any
5 other violation of this section is a summary offense of the
6 sixth degree.
7 (2.1) Notwithstanding paragraphs (1) and (2), a
8 violation of subsection (c)(3) is a misdemeanor of the second
9 degree.
10 (3) Each day of violation shall constitute a separate
11 offense, but, under no circumstances, shall the accumulated
12 penalty for purposes of a field receipt exceed $500. There
13 shall be no limit on any accumulated penalty a court may
14 assess.
15 (e) Discretion of director.--In addition to the penalties
16 provided, the director may, for any violation of this section or
17 the rules and regulations thereunder, revoke or suspend any
18 permit and order the disposal of any [exotic] inherently
19 dangerous wildlife held.
20 § 2963. [Exotic] Inherently dangerous wildlife possession
21 permits.
22 (a) Authorization.--The commission may issue permits to
23 persons to possess [exotic] inherently dangerous wildlife which
24 shall authorize the holder to purchase, receive or possess
25 [exotic] inherently dangerous wildlife from any lawful source
26 from within or without this Commonwealth.
27 (b) Shelter, care and protection.--No permit provided for in
28 this section shall be granted until the commission is satisfied
29 that the provisions for housing and caring for such [exotic]
30 inherently dangerous wildlife and for protecting the public are
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1 proper and adequate and in accordance with the standards
2 established by the commission.
3 (c) Unlawful acts.--It is unlawful for any person to:
4 (1) Possess, purchase or receive [exotic] inherently
5 dangerous wildlife, without first securing a permit to
6 possess [exotic] inherently dangerous wildlife issued under
7 this section or regulations pertaining to this section.
8 (2) Release [exotic] inherently dangerous wildlife into
9 the wild.
10 (3) Fail to exercise due care in safeguarding the public
11 from attack by [exotic] inherently dangerous wildlife.
12 (4) Recklessly engage in conduct which places or may
13 place another person in danger of attack by [exotic]
14 inherently dangerous wildlife.
15 (d) Penalty.--
16 (1) A violation of this section relating to permits is a
17 summary offense of the third degree.
18 (2) [Any] Except as provided in paragraph (2.1), any
19 other violation of this section is a summary offense of the
20 fifth degree.
21 (2.1) Notwithstanding paragraphs (1) and (2), a
22 violation of subsection (c)(3) is a misdemeanor of the second
23 degree.
24 (3) Each day of violation shall constitute a separate
25 offense, but under no circumstances shall the accumulated
26 penalty for purposes of a field receipt exceed $300. There
27 shall be no limit on any accumulated penalty a court may
28 assess.
29 (e) Discretion of director.--In addition to the penalties
30 provided, the director may, for any violation of this section,
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1 revoke or suspend any permit and order the disposal of any
2 [exotic] inherently dangerous wildlife held.
3 § 2964. Menagerie permits.
4 (a) Authorization.--The commission may issue permits for the
5 establishment and operation of menageries.
6 (b) Shelter, care and protection.--Prior to the issuance of
7 any permits, the commission shall adopt regulations for the
8 housing, care, treatment, feeding, sanitation, purchase and
9 disposal of wild birds and wild animals kept in menageries and
10 for the protection of the public from such birds or animals. The
11 commission after issuing the permit shall enforce such
12 regulations.
13 (c) Unlawful acts.--It is unlawful to:
14 (1) Keep any wild bird or wild animal in captivity for
15 public exhibition, or to have any wild bird or wild animal in
16 custody or control for such purpose, without first securing a
17 permit issued by the commission.
18 (2) Violate any of the provisions of this section or to
19 release any bird or animal into the wild.
20 (3) Fail to exercise due care in safeguarding the public
21 from attack by [exotic] inherently dangerous wildlife.
22 (4) Recklessly engage in conduct which places or may
23 place another person in danger of attack by [exotic]
24 inherently dangerous wildlife.
25 (d) Penalty.--
26 (1) A violation of this section relating to permits or
27 regulations adopted thereunder is a summary offense of the
28 second degree.
29 (2) [Any] Except as provided in paragraph (2.1), any
30 other violation of this section is a summary offense of the
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1 seventh degree.
2 (2.1) Notwithstanding paragraphs (1) and (2), a
3 violation of subsection (c)(3) is a misdemeanor of the second
4 degree.
5 (3) Each day of violation shall constitute a separate
6 offense, but, under no circumstances, shall the accumulated
7 penalty for purposes of a field receipt exceed $300. There
8 shall be no limit on any accumulated penalty a court may
9 assess.
10 (e) Discretion of director.--In addition to the penalties
11 provided, the director may, for any violation of this section,
12 revoke or suspend any permit and order the disposal of any
13 wildlife held in the menagerie.
14 § 2965. Exclusions.
15 (a) General rule.--The provisions of sections 2930 (relating
16 to propagating permits), 2962(a) (relating to [exotic]
17 inherently dangerous wildlife dealer permits), 2963(a) (relating
18 to [exotic] inherently dangerous wildlife possession permits)
19 and 2964(a) (relating to menagerie permits) shall not apply to
20 any:
21 (1) Public zoological garden which receives government
22 grants or appropriations.
23 (2) Private zoological park or garden which is open to
24 the public and is accredited by the American Association of
25 Zoological Parks and Aquariums.
26 (3) Nationally recognized circus.
27 (b) Specific exclusion for [exotic] inherently dangerous
28 wildlife dealer permits.--The provisions of section 2962(a)
29 shall not apply to any individual, partnership, association or
30 corporation which holds a permit issued pursuant to section
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1 2964, providing the purchase or sale of [exotic] inherently
2 dangerous wildlife or other authorized transaction is conducted
3 for the sole purpose of maintaining stock for the menagerie.
4 Section 2. This act shall take effect in 60 days.
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