PRINTER'S NO. 1823
No. 1448 Session of 2003
INTRODUCED BY STABACK, BELARDI, ALLEN, BUNT, CAPPELLI, CORRIGAN,
DALEY, FABRIZIO, GEORGE, GERGELY, GRUCELA, HANNA, HARHAI,
HERSHEY, HORSEY, JAMES, JOSEPHS, KOTIK, LAUGHLIN, McILHINNEY,
PETRARCA, PHILLIPS, SHANER, SOLOBAY, SURRA, WATERS,
WOJNAROSKI AND YOUNGBLOOD, MAY 14, 2003
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 14, 2003
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, authorizing the Pennsylvania Game Commission to
3 issue permits for foxhound training preserves and fixing the
4 permit fee for foxhound training preserve permits.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2904 of Title 34 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2904. Permit fees.
10 (a) Annual fees.--The annual fee for permits provided for in
11 this chapter shall be as follows:
12 (1) Bird banding - $25.
13 (2) Collecting - $25.
14 (3.1) Temporary permit for disabled person - $5 for the
15 license year.
16 (4) Dog training area - $50.
17 (5) Dog trials (three consecutive days):
1 (i) Field trials - $25 per day.
2 (ii) Raccoon trials - $25 per day.
3 (iii) Retriever trials - $25.
4 (6) Endangered or threatened species:
5 (i) Native - $300.
6 (ii) Non-native - free with necessary Federal
7 permit.
8 (7) Falconry - $25 for each raptor held.
9 (8) Fox chasing - $150.
10 (9) Fur dealers:
11 (i) Resident - $100.
12 (ii) Nonresident - $300.
13 (10) Regulated hunting grounds:
14 (i) Commercial - $100 for first 100 acres and $25
15 for each additional 100 acres, or part thereof.
16 (ii) Noncommercial - $38 for first 100 acres and $8
17 for each additional 100 acres, or part thereof.
18 (11) Retriever training area - $50.
19 (12) Taxidermy - $100.
20 (13) Wildlife (exotic) dealer - $200.
21 (14) Wildlife menagerie - $100.
22 (15) Wildlife (exotic) possession - $50 per animal.
23 (16) Wildlife propagation - $25 for one species and $10
24 for each additional species.
25 (17) Commercial wildlife pest control - $50.
26 (18) Foxhound training preserves - $100 for first 100
27 acres, $25 for each additional 100 acres or part thereof.
28 (b) Disabled permit fees.--The disabled permit fee for a
29 disabled person shall be a one-time fee of $5, which is valid
30 for the lifetime of the disabled person.
20030H1448B1823 - 2 -
1 (c) Other fees.--The commission shall set a reasonable fee
2 for any permit required by this title which is not specifically
3 set forth in this section.
4 Section 2. Title 34 is amended by adding a section to read:
5 § 2946. Foxhound training preserves.
6 (a) Establishment.--Upon the application of a resident of
7 this Commonwealth, the commission may issue a permit to the
8 applicant authorizing the establishment and maintenance, on land
9 owned by the applicant or over which the applicant has legal
10 control, of a foxhound training preserve where foxhounds may be
11 trained by chasing live foxes at any time of year. The
12 commission may promulgate regulations to restrict the number of
13 foxhound training preserves in any county. No foxhound training
14 area shall be less than 100 contiguous acres and may contain an
15 acclimation pen at least 5,000 square feet in area.
16 (b) Fencing requirements.--Fencing for foxhound training
17 preserves must be constructed and maintained so as to absolutely
18 prevent the ingress or egress of any foxes. An access lane must
19 be cleared and maintained around the fence perimeter. Fencing
20 shall be a minimum of eight feet in height constructed of two-
21 inch by four-inch welded or woven wire, minimum 14 gauge. An
22 additional strand of high tensile wire shall be installed at the
23 top of the fence. At least one strand of high tensile
24 electrified wire shall be maintained on the inside of the fence
25 no more than six inches from the ground to prevent digging by
26 foxes.
27 (c) Foxes used for training.--Foxes used for training must
28 be obtained from exotic wildlife dealers or fox propagation
29 permit holders. Foxes purchased must be immediately released
30 into the training enclosure or held in acclimation pens for a
20030H1448B1823 - 3 -
1 minimum of one week and a maximum of four weeks. Upon release
2 into the training enclosure foxes should be allowed unrestricted
3 dog-proof access back into the acclimation pen for a period of
4 not less than two weeks. No foxes may be taken from the wild in
5 Pennsylvania or any state or nation. No foxes may be imported
6 from another state or nation. No foxes may be transferred from
7 one training preserve to another or to any other person. Foxes
8 or parts may not be sold or transferred in any manner. The
9 number of foxes stocked for training shall not exceed one for
10 every ten acres of the enclosure; this shall include foxes held
11 in the acclimation pen.
12 (d) Enclosure requirements.--Enclosures shall contain proper
13 food, water and shelter from inclement weather for all foxes
14 within the enclosure. There shall be a minimum of one dog-proof
15 escape area for every 20 acres within the enclosure. Escape
16 areas may be manmade or natural and shall be distributed
17 throughout the enclosure and not adjacent to any other escape
18 area. The number of escape areas shall be greater than the
19 number of foxes within the enclosure at any one time and
20 designed to absolutely prevent dogs from entering the escape
21 area and/or injuring the foxes.
22 (e) Health requirements.--The commission may suspend the
23 operation of any training preserve and halt the stocking of
24 foxes at any time due to the threat of disease or parasites
25 within the foxhound training preserve, which may affect
26 wildlife, domestic animals or public safety. In the event of
27 disease outbreaks, costs associated with the testing,
28 depopulating, cleaning and disinfecting shall be the sole
29 expense of the permittee. Foxes shall be vaccinated against
30 canine diseases prior to release into a training preserve. Any
20030H1448B1823 - 4 -
1 fox injured during training shall be immediately treated and
2 released into the enclosure, submitted to a veterinarian for
3 treatment at the permittee's expense or euthanized. Injured
4 foxes shall not be kept on the premises.
5 (f) Records and inspection.--Records shall be kept including
6 number of foxes purchased, number of foxes that have escaped or
7 been killed, date of purchase and name, address and permit
8 number of the person the foxes were purchased from. Records
9 shall be kept on forms provided by the commission in accordance
10 with instructions on the form and the records and training
11 preserve shall be open to inspection by any representative of
12 the commission.
13 (g) Unlawful acts.--It is unlawful to:
14 (1) Engage in any activity or fail to prevent any
15 activity that would intentionally injure or kill foxes on any
16 foxhound training preserve.
17 (2) Purchase any live foxes for use on a foxhound
18 training preserve from any person who does not hold a valid
19 exotic wildlife dealer or propagation permit issued by the
20 commission.
21 (3) Operate any foxhound training preserve, or allow the
22 hunting or chasing of any fox within any enclosure designed
23 to hold foxes before securing a valid foxhound training
24 preserve permit from the commission.
25 (4) Release any foxes into the wild.
26 (5) Fail to comply with any provisions of this section.
27 (h) Penalties.--Any violation of the provisions of this
28 section shall be a summary offense of the fifth degree.
29 Section 3. This act shall take effect July 1, 2003.
D22L34RZ/20030H1448B1823 - 5 -