H1750B3859A10478 DMS:CMD 10/15/14 #90 A10478







Printer's No. 3859


1Amend Bill, page 1, line 1, by striking out "Title" and

3 Titles

4Amend Bill, page 1, line 1, by inserting after "Offenses)"

5 and 34 (Game),

6Amend Bill, page 1, line 4, by inserting after "animals"

7; and, in special licenses and permits, further providing for 
8regulated hunting grounds permits

9Amend Bill, page 1, lines 9 through 11, by striking out all
10of said lines and inserting

11Section 1. Section 5511 of Title 18 of the Pennsylvania 
12Consolidated Statutes is amended by adding a subsection to read:

13Amend Bill, page 3, lines 1 through 30, by striking out all
14of said lines

15Amend Bill, page 4, by inserting between lines 1 and 2

16Section 2. Section 2928(a), (b), (d), (f) and (g) of Title
1734 are amended and the section is amended by adding subsections
18to read:

19§ 2928. Regulated hunting grounds permits.

20(a) [Eligibility] General rule.--[Regulated] Subject to the
21specific requirements under subsection (a.1), the following 
22shall apply:

23(1) Regulated hunting grounds require a minimum [of 100
24acres] acreage of land, or land and water combined, on which
25the permittee must release [one of the following] a species
26of domestically produced game birds[: namely, ringneck
27pheasants, bobwhite quail or mallard ducks. Any of the listed
28species and chukar partridges] under subsection (a.1)(1), 
29chukar partridges or pigeons.

30(2) The species of domestically produced game birds,

1chukar partridges or pigeons may be released only if they are
2listed on the permit application and propagated by the
3permittee or received from a legal source.

4(3) At least 100 of each species listed on the permit
5shall be released.

6(a.1) Acreage and release requirements.--The following shall

8(1) For a permit issued under subsection (b)(1) or (2),
9the regulated hunting grounds must have a minimum of 100
10acres of land, or land and water combined, on which a
11permittee must release one of the following species of
12domestically released game birds:

13(i) Ringneck pheasants.

14(ii) Bobwhite quail.

15(iii) Mallard ducks.

16(2) For a permit issued under subsection (b)(3), the
17regulated hunting grounds must have a minimum of ten acres of
18land, or land and water combined, on which a permittee must
19release pigeons.

20(b) Classes of permits.--The following shall be the classes
21of permits:

22(1) Commercial - open to the public for a fee or other

24(2) Noncommercial - used by permittee only or guests
25with no fee or any charge for the use of the area or the

27(3) Limited – used by the permittee only or guests and
28subject to the requirements under subsection (b.1).

29(b.1) Limited license permit.--The following shall apply to
30a limited permit under subsection (b)(3):

31(1) The following provisions relate to discharge of a

33(i) Discharge of firearms shall be limited to
34manually operated or semiautomatic shotguns loaded with
35not more than three rounds of birdshot not larger than
36number four pellet, fitted to eliminate greater capacity
37than three rounds.

38(ii) The direction of discharge of the shotguns
39shall be limited to a 120-degree arc from a designated
40firing position or positions, 60 degrees to either side
41of the firing position, and each firing position shall be
42located on a firing line, as near to the center of the
43line as is practical.

44(iii) The firing line or lines shall be the point at 
45or beyond which an individual must be positioned before 
46discharging a shotgun, and the discharge shall be from a 
47designated firing position.

48(iv) A firearm may be discharged within 150 yards of
49an occupied building if the discharge is not in the
50direction of the building as defined by a straight line
51drawn from the muzzle of the firearm to the building.

1(2)  The following provisions relate to dispatch of

3(i) Reasonable steps to ensure the swift and humane
4dispatch of wildlife shall be implemented.

5(ii)  Wildlife taken shall be promptly dispatched by
6an adult using a method approved by the American
7Veterinary Medical Association.

8(iii)  A thorough effort to locate and dispatch all
9wildlife released on a particular day at intervals not
10greater than eight hours shall be conducted. This
11subparagraph does not require a permittee to knowingly
12trespass or allow dogs to trespass onto the property of
13another who has prohibited the trespass.

14(3) The following provisions relate to fees and

16(i) The fee for a permit under this subsection may
17not exceed the fee for a permit under subsection (b)(2).

18(ii) An application for a permit under this
19subsection shall not be denied if the applicant
20demonstrates compliance with the requirements under
21subsection (a.1)(2) and all other conditions set forth
22under this subsection.

23(b.2) Combination uses.--Regulated hunting grounds operating
24under a permit issued under subsection (b)(1) or (2) may operate
25as if a permit were also issued under subsection (b)(3),
26notwithstanding that a permit under subsection (b)(3) was not
27issued and no fee for the permit was paid.

28* * *

29(d) Hunting regulations.--Permittees and their guests may
30shoot the game birds released by them during the regulated
31hunting grounds season which shall be set each year by the
32commission without regard to the general Statewide season.
33Persons hunting or taking game birds released under authority of
34the permit on regulated hunting grounds are not required to have
35and display a hunting license, as required by this title, but
36the methods of hunting and taking these game birds shall be in
37compliance with provisions of this title. A permittee or guest 
38taking pigeons on grounds operating under a limited permit shall 
39not require users to comply with regulations related to 

41* * *

42(f) Tagging killed birds.--Before any released bird killed
43under the provisions of a regulated hunting grounds permit is
44consumed on the premises or removed from the premises, the
45permittee shall attach a tag to each bird killed. The tags shall
46be numbered consecutively and supplied by the commission at
47reasonable cost and shall contain such information as the
48commission may require. No game bird killed on a regulated
49hunting ground shall have the right foot removed until a
50regulated hunting ground tag for the current season is attached
51to the bird. The tags shall remain attached to the individual

1birds until prepared for consumption and shall not be used more
2than once. This subsection shall not apply to grounds operating 
3under a limited permit.

4(g) Dog training and trials.--Dogs may be trained or field
5trials may be held at any time of the year upon the premises
6covered by a regulated hunting grounds permit, and retriever
7trials may be conducted thereon. All birds killed shall be
8included in the reported kill. Except during the open season for
9shooting, no game birds shall be killed while training dogs or
10conducting field trials. The special permit required in this
11title shall first be obtained to conduct a retriever trial
12thereon at any other period. This subsection shall not apply to 
13grounds operating under a limited permit.

14(g.1) Release.--Use of mechanical or electronic release 
15devices or manual release is permitted under this title provided 
16the devices do not impede the flight abilities of the released 
17game birds or wildlife. It shall be conclusively presumed that a 
18game bird or wildlife which flies after being released from a 
19mechanical or electronic release device or which has been 
20manually released has not had its flight abilities impeded.

21* * *

22(h.1) Authority.--The following shall apply:

23(1) The taking of wildlife in the form of a pigeon or
24chukar partridge through the use of a shotgun shall be
25subject to the exclusive regulatory and enforcement authority
26of the commission. The commission may not issue a regulation
27which imposes a closed season for the taking of a pigeon or
28imposes a limitation of the number of pigeons which can be
29taken by an individual measured in a day, week, month or

31(2) It shall be presumed that individuals or regulated
32hunting grounds in possession of a feral pigeon or pigeons
33obtained the pigeons from a legal source. The presumption
34shall be rebuttable by competent evidence in a court of
35competent jurisdiction.

36(3) Nothing under this subsection shall be construed to
37alter existing laws and practices governing the removal and
38extermination of a pigeon by State or local government, a
39private pest control company, property owner, tenant or
40another authorized person.

41* * *

42Amend Bill, page 4, line 2, by striking out "2" and inserting

43 3


See A10478 in
the context
of HB1750