AN ACT

 

1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, providing for the definition of "unmanned 
3aircraft"; in game or wildlife protection, further providing 
4for disturbance of game or wildlife; and, in hunting and 
5furtaking, further providing for interference with lawful 
6taking of wildlife or other activities permitted by this 
7title prohibited.

8The General Assembly of the Commonwealth of Pennsylvania.
9hereby enacts as follows:

10Section 1. Section 102 of Title 34 of the Pennsylvania
11Consolidated Statutes is amended by adding a definition to read:

12§ 102. Definitions.

13Subject to additional definitions contained in subsequent
14provisions of this title which are applicable to specific
15provisions of this title, the following words and phrases when
16used in this title shall have the meanings given to them in this
17section unless the context clearly indicates otherwise:

18* * *

19"Unmanned aircraft." An aircraft that is operated without
20the possibility of direct human intervention from within or on

1the aircraft. The term includes the equipment associated with
2such unmanned aircraft that provides communication links and the
3components that control the unmanned aircraft.

4* * *

5Section 2. Sections 2162 and 2302(a.1), (c) and (d) of Title
634 are amended to read:

7§ 2162. Disturbance of game or wildlife.

8(a) General rule.--It is unlawful for any person to drive or
9disturb game or wildlife except while engaged in the lawful
10activities set forth in this title. This section includes the 
11activity where any person who is not engaged in the lawful 
12activities set forth in this article intentionally drives or 
13disturbs game or wildlife by means of an unmanned aircraft.

14(b) Nonapplicability.--This section shall not apply to any
15owner of land, any member of the commission, the director, any
16representative of the commission, any duly accredited 
17representative of the U.S. Fish and Wildlife Service, any member 
18of the armed forces of the United States, any reserve component, 
19element or component thereof or the Pennsylvania military forces
20or any other law enforcement officer engaged in any otherwise
21lawful action.

22(c) Penalty.--A violation of subsection (a) shall be a
23summary offense of the first degree.

24§ 2302. Interference with lawful taking of wildlife or other
25activities permitted by this title prohibited.

26* * *

27(a.1) Activities which violate section.--A person violates
28this section when he intentionally or knowingly:

29(1) drives or disturbs wildlife for the purpose of
30disrupting the lawful taking of wildlife where another person

1is engaged in the process of lawfully taking wildlife or
2other permitted activities;

3(2) blocks, impedes or otherwise harasses another person
4who is engaged in the process of lawfully taking wildlife or
5other permitted activities;

6(3) uses natural or artificial visual, aural, olfactory
7or physical stimuli to affect wildlife behavior in order to
8hinder or prevent the lawful taking of wildlife or other
9permitted activities;

10(4) creates or erects barriers with the intent to deny
11ingress or egress to areas where the lawful taking of
12wildlife or other permitted activities may occur;

13(5) interjects himself into the line of fire;

14(6) affects the condition or placement of personal or
15public property intended for use in the lawful taking of
16wildlife or other permitted activities in order to impair its
17usefulness or prevent its use;

18(7) enters or remains upon public lands or upon private
19lands without permission of the owner or their agent, with
20intent to violate this section; [or]

21(8) fails to obey the order of any officer whose duty it
22is to enforce any of the laws of this Commonwealth where such
23officer observes any conduct which violates this section or
24has reasonable grounds to believe that any person intends to
25engage in such conduct[.]; or

26(9) uses an unmanned aircraft in a manner that
27interferes with another person's lawful taking of game or
28wildlife or other activities permitted by this article.

29* * *

30(c) Exceptions.--

1(1) The conduct declared unlawful in this section does
2not include any activities arising from lawful activity by
3other land uses, including farming, mining, forestry
4practices, recreation or any other activities when it is
5evident that such activities are not intended to violate this
6section.

7(2) The conduct declared unlawful in section (a.1)(9)
8does not include the activities by the following individuals
9who are engaged in any otherwise lawful action:

10(i) Any representative of the commission.

11(ii) Any duly accredited representative of the U.S.
12Fish and Wildlife Service.

13(iii) Any law enforcement officer.

14(iv) Any member of the armed forces of the United
15States, any reserve component, element or component
16thereof or the Pennsylvania military forces.

17(d) Penalties.--

18(1) A violation of [this section] subsection (a.1)(1) 
19through (8) is a summary offense of the second degree.

20(2) A violation of subsection (a.1)(9) shall be graded
21as follows:

22(i) A first offense is a summary offense of the
23first degree.

24(ii) A second or subsequent offense is a
25misdemeanor.

26Section 3. This act shall take effect in 60 days.