| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY STABACK, CALTAGIRONE, COHEN, J. EVANS, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, W. KELLER, KIRKLAND, MURT, O'NEILL, K. SMITH, TAYLOR AND CARROLL, APRIL 27, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 27, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 34 (Game) of the Pennsylvania Consolidated |
2 | Statutes, in special licenses and permits, further providing |
3 | for definitions and for exotic wildlife possession permits. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The definitions of "exotic wildlife" and "exotic |
7 | wildlife dealer" in section 2961 of Title 34 of the Pennsylvania |
8 | Consolidated Statutes are amended to read: |
9 | § 2961. Definitions. |
10 | The following words and phrases when used in this subchapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | * * * |
14 | "Exotic wildlife." The phrase includes[, but is not limited |
15 | to, all bears, coyotes, lions, tigers, leopards, jaguars, |
16 | cheetahs, cougars, wolves and any crossbreed of these animals |
17 | which have similar characteristics in appearance or features. |
18 | The definition is applicable whether or not the birds or animals |
|
1 | were bred or reared in captivity or imported from another state |
2 | or nation.] all nonindigenous animals and the following, |
3 | regardless of whether the animals are bred or reared in |
4 | captivity or imported from another state or nation: |
5 | (1) All members of the order Primates (nonhuman |
6 | primates). |
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 |
22 | this paragraph which have similar characteristics in |
23 | appearance or features. |
24 | The term shall not be construed to include any member of the |
25 | class Aves (birds), any member of the families Equidae (horses, |
26 | asses and zebras), Camelidae (camels, alpacas and llamas), |
27 | Cervidae (deer, moose and elk), Bovidae (wild cattle and spiral- |
28 | horned antelopes), Muridae (rats and mice), Chinchillidae |
29 | (chinchillas and viscachas), Leporidae (rabbits and hares), |
30 | Erinaceidae (hedgehogs and moonrats), Petauridae (gliders and |
|
1 | striped possums) or any member of the species Mustela furo |
2 | (domestic ferrets) or Cavia porcellus (domestic guinea pigs). |
3 | "Exotic wildlife dealer." Any person who: |
4 | (1) imports into this Commonwealth, possesses, buys, |
5 | sells, locates or finds for a fee, barters, donates, gives |
6 | away or otherwise disposes of [more than one bird or one |
7 | animal classified as] exotic wildlife [by this subchapter.]; |
8 | and |
9 | (2) engages in at least five documented transactions |
10 | annually involving exotic wildlife. |
11 | * * * |
12 | Section 2. Section 2963 of Title 34 is amended to read: |
13 | § 2963. Exotic wildlife possession permits. |
14 | [(a) Authorization.--The commission may issue permits to |
15 | persons to possess exotic wildlife which shall authorize the |
16 | holder to purchase, receive or possess exotic wildlife from any |
17 | lawful source from within or without this Commonwealth. |
18 | (b) Shelter, care and protection.--No permit provided for in |
19 | this section shall be granted until the commission is satisfied |
20 | that the provisions for housing and caring for such exotic |
21 | wildlife and for protecting the public are proper and adequate |
22 | and in accordance with the standards established by the |
23 | commission.] |
24 | (b.1) (1) Commencing on January 1, 2012, the commission |
25 | shall not issue permits for the possession of exotic |
26 | wildlife, except as set forth in sections 2930 (relating to |
27 | propagating permits), 2962 (relating to exotic wildlife |
28 | dealer permits) and 2964(a) (relating to menagerie permits). |
29 | (2) (i) The provisions of paragraph (1) shall not apply |
30 | to exotic wildlife lawfully possessed pursuant to an |
|
1 | exotic wildlife possession permit, provided that the |
2 | permit is used prior to December 31, 2011. The permit |
3 | shall only authorize the continued possession, after |
4 | December 31, 2011, of the exotic wildlife identified in |
5 | the permit. |
6 | (ii) This paragraph shall not be construed to |
7 | authorize acquisition, display, exhibition or disposal of |
8 | any additional exotic wildlife after December 31, 2011. |
9 | This subparagraph shall not apply to any young born after |
10 | December 31, 2011, from otherwise lawfully held exotic |
11 | wildlife. |
12 | (c) Unlawful acts.--It is unlawful for any person to: |
13 | (1) [Possess, purchase or receive exotic wildlife] Keep |
14 | exotic wildlife in captivity or have exotic wildlife in the |
15 | person's custody or control, without first securing a permit |
16 | [to possess exotic wildlife issued under this section or |
17 | regulations pertaining to this section] issued by the |
18 | commission. |
19 | (2) [Release] Violate any of the provisions of this |
20 | section or release exotic wildlife into the wild. |
21 | (3) Fail to exercise due care in safeguarding the public |
22 | from attack by exotic wildlife. |
23 | (4) Recklessly engage in conduct which places or may |
24 | place another person in danger of attack by exotic wildlife. |
25 | (d) Penalty.-- |
26 | (1) A violation of this section relating to [permits is |
27 | a summary offense of the third degree] unlawful release of |
28 | exotic wildlife is a misdemeanor offense. |
29 | (2) Any other violation of this section is a summary |
30 | offense of the [fifth] first degree. |
|
1 | (3) Each day of violation shall constitute a separate |
2 | offense[, but under no circumstances shall the accumulated |
3 | penalty for purposes of a field receipt exceed $300. There |
4 | shall be no limit on any accumulated penalty a court may |
5 | assess]. |
6 | (4) A second or subsequent conviction within a seven- |
7 | year period for: |
8 | (i) A violation of subsection (c)(1), is a |
9 | misdemeanor of the first degree. |
10 | (ii) A violation of subsection (c)(2), is a |
11 | misdemeanor offense. |
12 | [(e) Discretion of director.--In addition to the penalties |
13 | provided, the director may, for any violation of this section, |
14 | revoke or suspend any permit and order the disposal of any |
15 | exotic wildlife held.] |
16 | Section 3. This act shall take effect in 60 days. |
|