PRINTER'S NO. 1590
No. 1359 Session of 2001
INTRODUCED BY GODSHALL, PHILLIPS, BARD, CAPPELLI, CLARK, COY,
DALEY, FEESE, FICHTER, HALUSKA, HARHAI, HERSHEY, HORSEY,
LAUGHLIN, MICHLOVIC, SHANER, SOLOBAY, STABACK, STEELMAN,
SURRA, E. Z. TAYLOR, TRELLO, TRICH, WALKO, WILT, WOJNAROSKI
AND YOUNGBLOOD, APRIL 17, 2001
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 17, 2001
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, prohibiting hunting in and around game feeders and
3 game feeding areas.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2308(a)(8) of Title 34 of the
7 Pennsylvania Consolidated Statutes, amended December 20, 2000
8 (P.L.783, No.111), is amended and the section is amended by
9 adding a subsection to read:
10 § 2308. Unlawful devices and methods.
11 (a) General rule.--Except as otherwise provided in this
12 title, it is unlawful for any person to hunt or aid, abet,
13 assist or conspire to hunt any game or wildlife through the use
14 of:
15 * * *
16 (8) Any artificial or natural bait, hay, grain, fruit,
17 nut, salt, chemical, mineral or other food as an enticement
1 for game or wildlife, regardless of kind and quantity, or
2 take advantage of any such area or food or bait prior to 30
3 days after the removal of such material and its residue.
4 Nothing contained in this [subsection] paragraph shall
5 pertain to normal or accepted farming, habitat management
6 practices, oil and gas drilling, mining, forest management
7 activities or other legitimate commercial or industrial
8 practices. Upon discovery of such baited areas, whether
9 prosecution is contemplated or not, the commission may cause
10 a reasonable area surrounding the enticement to be posted
11 against hunting or taking game or wildlife. The posters shall
12 remain for 30 days after complete removal of the bait.
13 * * *
14 (a.1) Game feeders and feeding areas.--
15 (1) Except as otherwise provided in this title, it shall
16 be unlawful for any person to hunt any game or wildlife
17 within 100 yards of any game feeder or feeding areas where
18 any natural hay, grass, browse, grain, fruit, nut, salt,
19 chemical, mineral, other food or any combination thereof is
20 used for feeding purposes.
21 (2) Any violation of this subsection must require proof
22 that the alleged violator knew or should have known of the
23 presence of the game feeder or feeding area.
24 (3) Movement through a feeding area or past a feeder to
25 an area outside of the parameters of paragraph (1) shall not
26 be construed as an illegal hunting activity.
27 (4) Nothing contained in this subsection shall pertain
28 to normal or accepted farming, habitat management practices,
29 oil and gas drilling, mining, forest management activities or
30 other legitimate commercial or industrial practices.
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1 * * *
2 Section 2. This act shall take effect July 1, 2001.
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