SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PEIFER, J. EVANS, STABACK, AUMENT, BEAR, BRENNAN, CALTAGIRONE, CARROLL, D. COSTA, CREIGHTON, CRUZ, CUTLER, DALEY, DePASQUALE, EMRICK, EVERETT, FABRIZIO, FLECK, GEIST, GEORGE, GERGELY, GIBBONS, GILLESPIE, GROVE, HAHN, HALUSKA, HANNA, HARHART, HARKINS, HELM, HENNESSEY, HESS, HORNAMAN, KAVULICH, M. K. KELLER, KIRKLAND, KNOWLES, KOTIK, KULA, MAHER, MAHONEY, MAJOR, MALONEY, MASSER, McGEEHAN, MILLARD, MILLER, MIRABITO, MOUL, MULLERY, MURPHY, MURT, PASHINSKI, PICKETT, QUINN, ROCK, SONNEY, STURLA, SWANGER, TAYLOR AND VULAKOVICH, APRIL 2, 2012

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 1, 2012   

AN ACT

Amending Title 30 (Fish) of the Pennsylvania Consolidated

Statutes, further providing for classification of offenses

and penalties and for revocation, suspension or denial of

license, permit or registration; and providing for serious

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poaching incidents unlawful take and for taking or possessing

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by illegal methods; and further providing for Lake Erie

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fishing permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 923(a)(1), (2) and (3) and (b) of Title

30 of the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding a subsection to read:

§ 923.  Classification of offenses and penalties.

(a)  General rule.--The following penalties shall be imposed

for violations of this title:

(1)  For a summary offense of the first degree, a fine of

[$200] $250 or imprisonment not exceeding 90 days.

(2)  For a summary offense of the second degree, a fine

of [$100] $150 or imprisonment not exceeding 20 days.

(3)  For a summary offense of the third degree, a fine of

[$50] $75.

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(b)  Additional fine.--In addition to the penalties in

subsection (a), a fine of [$20] not less than $20 nor more than

$50 may be imposed for each fish taken, caught, killed,

possessed or sold in violation of this title or for each illegal

device used by an angler while in the act of fishing. In

computing the number of fish taken, caught, killed, possessed or

sold, the number immediately returned unharmed to the water

where they were taken shall be omitted.

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(c.1)  Additional penalty for serious poaching incidents 

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unlawful take.--In addition to the penalties in subsections (a)

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and (b), a person convicted or acknowledging guilt of violating

section 2109 (relating to serious poaching incidents unlawful

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take) or 2110 (relating to taking or possessing by illegal

methods) shall be assessed the costs incurred by the commission

for the replacement of the species involved in the violation in

an amount determined by regulation of the commission consistent

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with the values established by the American Fisheries Society or

other recognized professional fisheries organization.

Replacement costs may only be assessed for violations relating

to federally listed threatened or endangered species and any

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other species of fish designated by the commission.

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Section 2.  Section 928(a), (b) and (d) of Title 30 are

amended to read:

§ 928.  Revocation, suspension or denial of license, permit or

registration.

(a)  Revocation or denial.--Any fishing license, special

license or permit or privilege, including boating privileges,

granted under the authority of this title may be revoked by the

commission, in its discretion, when the holder of the license,

permit or privilege is convicted of or pleads guilty to an

offense under this title. Further, the commission, in its

discretion, may refuse to grant to that person any new fishing

license, special license or permit or privilege for a period not

exceeding [two] five years.

(b)  Suspension.--The commission shall for a period of one

year suspend the privilege of operating a watercraft on the

waters of this Commonwealth of any individual who is convicted

of a violation of section 5502 (relating to operating watercraft

under influence of alcohol or controlled substance) or 5502.1

(relating to homicide by watercraft while operating under

influence) or [an adjudication of delinquency] is adjudicated

delinquent based on section 5502 or 5502.1. If an individual is

imprisoned for violating section 5502 or 5502.1, the period of

suspension imposed under this subsection may not commence until

the date of the individual's release from prison.

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(d)  Penalty.--A person commits a [summary offense of the

first degree] misdemeanor of the third degree if he performs an

act for which a fishing license, special license, permit or boat

registration is required or exercises a privilege, including the

privilege to operate a watercraft on the waters of this

Commonwealth, while the license, permit or privilege is

suspended or revoked. A person commits a misdemeanor of the

[third] second degree if he commits a second or subsequent

violation of a suspension or revocation during its term.

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Section 3.  Title 30 is amended by adding sections to read:

§ 2109.  Serious poaching incidents unlawful take.

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(a)  Prohibited conduct.--It shall be unlawful to do any of

the following from any waters of this Commonwealth, boundary

waters or lands:

(1)  During the closed season, take, catch, kill or

possess fish having a replacement cost in excess of $500.

(2)  Take, catch, kill or possess three or more times the

daily limit of fish.

(b)  Grading.--Any person violating subsection (a) commits a

misdemeanor of the second degree.

§ 2110.  Taking or possessing by illegal methods.

(a)  Prohibited conduct.--It shall be unlawful to take,

catch, kill or possess fish by illegal methods, including seines

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or gill nets, explosives, chemicals, spears, gigs, pitch forks,

bats or other devices not normally used for fishing, any method

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not specifically authorized by law or regulation from any waters

of this Commonwealth, boundary waters or lands.

(b)  Grading.--The following shall apply:

(1)  Any person violating subsection (a) relating to a

single fish commits a summary offense of the second degree.

(2)  Any person violating subsection (a) relating to two

or more fish, up to and including the legal daily limit,

commits a summary offense of the first degree.

(3)  Any person violating subsection (a) relating to more

than the legal daily limit of fish, or a second or subsequent

violation of subsection (a), commits a misdemeanor of the

second degree.

Section 4.  Section 2907.2(f.1) of Title 30 is amended to

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read:

§ 2907.2.  Lake Erie fishing permits.

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(f.1)  Lake Erie permits.--The proceeds from the fees for the

special Lake Erie fishing permits as provided for under section

2715(a.1)(4) (relating to license, permit and issuing agent

fees) and $6 of the fees for the combination trout/salmon

permits and Lake Erie permits as provided for under section

2715(a.1)(5) shall be deposited into a restricted account within

the Fish Fund [through December 31, 2014]. The restricted

account shall be used to provide public fishing access or to

protect or improve fish habitat on or at Lake Erie, Presque Isle

Bay and their tributaries, including waters that flow into those

tributaries.

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Section 4 5.  The amendment or addition of the following

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provisions shall apply to violations occurring on or after the

effective date of this section:

(1)  30 Pa.C.S. § 923(a)(1), (2) and (3), (b) and (c.1).

(2)  30 Pa.C.S. § 928(a), (b) and (d).

(3)  30 Pa.C.S. § 2109.

(4)  30 Pa.C.S. § 2110.

Section 5 6.  This act shall take effect in 60 days 

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immediately.

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