AN ACT

 

1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in special licenses and permits, further providing
3for definitions and for exotic wildlife possession permits.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The definitions of "exotic wildlife" and "exotic
7wildlife dealer" in section 2961 of Title 34 of the Pennsylvania
8Consolidated Statutes are amended to read:

9§ 2961. Definitions.

10The following words and phrases when used in this subchapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13* * *

14"Exotic wildlife." The phrase includes[, but is not limited 
15to, all bears, coyotes, lions, tigers, leopards, jaguars, 
16cheetahs, cougars, wolves and any crossbreed of these animals 
17which have similar characteristics in appearance or features. 
18The definition is applicable whether or not the birds or animals 

1were bred or reared in captivity or imported from another state 
2or nation.] all nonindigenous animals and the following, 
3regardless of whether the animals are bred or reared in 
4captivity or imported from another state or nation:

5(1) All members of the order Primates (nonhuman
6primates).

7(2) All members of the family Ursidae (bears).

8(3) All members of the species:

9(i) Canis latrans (coyotes).

10(ii) Canis lupus (gray wolves).

11(iii) Canis rufus (red wolves).

12(iv) Felis rufus (bobcat).

13(v) Panthera leo (lions).

14(vi) Panthera tigris (tigers).

15(vii) Panthera pardus (leopards).

16(viii) Panthera unica (snow leopards).

17(ix) Neofelis nebulosa (clouded leopard).

18(x) Panthera onca (jaguars).

19(xi) Acinonyx jubatus (cheetahs).

20(xii) Felis concolor (cougars).

21(xiii) Any crossbreed of the animals specified in
22this paragraph which have similar characteristics in
23appearance or features.

24The term shall not be construed to include any member of the 
25class Aves (birds), any member of the families Equidae (horses, 
26asses and zebras), Camelidae (camels, alpacas and llamas), 
27Cervidae (deer, moose and elk), Bovidae (wild cattle and spiral-
28horned antelopes), Muridae (rats and mice), Chinchillidae 
29(chinchillas and viscachas), Leporidae (rabbits and hares), 
30Erinaceidae (hedgehogs and moonrats), Petauridae (gliders and 

1striped possums) or any member of the species Mustela furo 
2(domestic ferrets) or Cavia porcellus (domestic guinea pigs) or 
3any "domestic animal" as that term is defined in 18 Pa.C.S. § 
45511 (relating to cruelty to animals).

5"Exotic wildlife dealer." Any person who:

6(1)  imports into this Commonwealth, possesses, buys,
7sells, locates or finds for a fee, barters, donates, gives
8away or otherwise disposes of [more than one bird or one
9animal classified as] exotic wildlife [by this subchapter.]; 
10and

11(2) engages in at least five documented transactions
12annually involving exotic wildlife.

13* * *

14Section 2. Section 2963 of Title 34 is amended to read:

15§ 2963. Exotic wildlife possession permits.

16(a) Authorization.--The commission may issue permits to
17persons to possess exotic wildlife which shall authorize the
18holder to purchase, receive or possess exotic wildlife from any
19lawful source from within or without this Commonwealth.

20(a.1) Prohibition.--

21(1) Beginning January 1, 2015, the commission shall not
22issue any new permits authorized under subsection (a) for the
23possession of exotic wildlife, and shall only issue permits
24as set forth in sections 2930 (relating to propagating
25permits), 2962 (relating to exotic wildlife dealer permits)
26and 2964(a) (relating to menagerie permits) and 58 Pa. Code §
27147.302 (relating to general).

28(2) (i) The provisions of paragraph (1) shall not apply
29to a permit issued under subsection (a), provided that
30the permit is issued prior to December 31, 2014. The

1permit shall only authorize the continued possession,
2after December 31, 2014, of the exotic wildlife
3identified in the permit.

4(ii) The provisions of paragraph (1) shall not apply
5to a wildlife sanctuary for which the commission, in its
6sole discretion, has designated a facility and authorized
7it to operate as a place of refuge to provide temporary
8or lifetime shelter, care and protection for abused,
9neglected, unwanted, impounded, abandoned, orphaned or
10displaced wildlife under the authority provided under
11section 2902(c) (relating to general categories of
12permits).

13(3) The provisions of this section shall not apply to
14any young born after December 31, 2014, from exotic wildlife
15with a valid permit issued under subsection (a).

16(b) Shelter, care and protection.--No permit provided for in
17this section shall be granted until the commission is satisfied
18that the provisions for housing and caring for such exotic
19wildlife and for protecting the public are proper and adequate
20and in accordance with the standards established by the
21commission.

22(c) Unlawful acts.--It is unlawful for any person to:

23(1) [Possess, purchase or receive exotic wildlife] Keep 
24exotic wildlife in captivity or have exotic wildlife in the 
25person's custody or control, without first securing a permit
26[to possess exotic wildlife issued under this section or
27regulations pertaining to this section] issued by the 
28commission as set forth in sections 2930, 2962, 2963 and 
292964(a) or 58 Pa. Code § 147.302.

30(2) [Release] Violate any of the provisions of this 

1section or release exotic wildlife into the wild.

2(3) Fail to exercise due care in safeguarding the public
3from attack by exotic wildlife.

4(4) Recklessly engage in conduct which places or may
5place another person in danger of attack by exotic wildlife.

6(d) Penalty.--

7(1) A violation of this section relating to [permits is
8a summary offense of the third degree] unlawful release of 
9exotic wildlife is a misdemeanor offense.

10(2) Any other violation of this section is a summary
11offense of the [fifth] first degree.

12(3) Each day of violation shall constitute a separate
13offense[, but under no circumstances shall the accumulated
14penalty for purposes of a field receipt exceed $300. There
15shall be no limit on any accumulated penalty a court may
16assess].

17(4) A second or subsequent conviction within a seven-
18year period for a violation of subsection (c)(1) or (2) is a 
19misdemeanor of the first degree.

20(e) Discretion of director.--In addition to the penalties
21provided, the director may, for any violation of this section,
22revoke or suspend any permit and order the disposal of any
23exotic wildlife held.

24Section 3. This act shall take effect in 60 days.