THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, BRUBAKER, RAFFERTY, FONTANA, WAUGH AND FERLO, FEBRUARY 1, 2012

REFERRED TO GAME AND FISHERIES, FEBRUARY 1, 2012  

AN ACT

Amending Title 30 (Fish) of the Pennsylvania Consolidated

Statutes, further providing for sale of certain fish,

reptiles and amphibians prohibited.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2507 of Title 30 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2507.  Sale of certain fish, reptiles and amphibians

prohibited.

(a)  General rule.--No person shall purchase, sell, barter,

trade or offer for sale any species of fish taken from waters

wholly within this Commonwealth or illegally taken from waters

outside this Commonwealth and received in interstate commerce

except those species of fish which the commission determines may

be sold or offered for sale. No person shall purchase, sell,

barter, trade or offer for sale any species of reptiles or

amphibians taken from lands or waters wholly within this

Commonwealth or illegally taken from lands or waters outside

this Commonwealth and received in interstate commerce except

those species of reptiles and amphibians which the commission

determines may be sold or offered for sale.

(a.1)  Additional rule.--No person shall purchase or sell

within this Commonwealth an American Alligator (alligator

mississippiensis). The provisions of this subsection shall not

apply to:

(1)  A public zoological garden receiving government

grants or appropriations.

(2)  A private zoological park or garden that is open to

the public and accredited by the American Association of

Zoological Parks and Aquariums.

(b)  Reports of sales of fish.--A person engaged in catching

fish for market or whose business may involve the sale of fish

shall, on demand of the executive director, furnish at the close

of each calendar year a duplicate report of his sales of fish

and the gross amount of money realized. The contents of the

report shall be used by the commission entirely for statistical

purposes and are not public records. Individual reports shall

not be made public without the written consent of the owner.

(c)  Exceptions.--This section does not prohibit the sale,

purchase, offer for sale, trade or barter of any fish propagated

by or from a propagator or dealer of live aquatic animals

registered under 3 Pa.C.S. Ch. 42 (relating to aquacultural

development), provided that such fish are a species approved for

propagation in Pennsylvania and are lawfully propagated or

acquired by means other than fishing from the waters of this

Commonwealth in accordance with the requirements of applicable

laws and regulations. This section does not prohibit the sale,

purchase, offer for sale, trade or barter of any fish by or from

the holder of a commercial fishing license issued under Chapter

29 (relating to special licenses and permits), provided that

such fish are lawfully caught or taken in accordance with the

requirements of applicable laws and regulations. This section

does not prohibit the sale of mounted fish.

(d)  Penalty for sale of fish, reptiles or amphibians.--

(1)  Any person who violates subsection (a) by

purchasing, selling, bartering, trading or offering for sale

any species of fish, reptiles or amphibians with a market

value or sale price in excess of $5,000 commits a misdemeanor

of the second degree. Any violation of subsection (a) where

the market value or sale price is greater than $250 but less

than $5,000 is a misdemeanor of the third degree. Any

violation of subsection (a) where the market value or sale

price is less than $250 is a summary offense of the first

degree.

(2)  Any person who violates subsection (a.1) shall be

fined not less than $500 and not more than $1,000 in a civil

action.

(e)  Applicability.--This section shall not apply to hobby

breeders as defined in 3 Pa.C.S. Ch. 42. This section shall not

apply to the purely retail sale or offer for sale of fish by pet

shops or dealers regularly engaged in retail transactions,

provided that such fish are not taken from lands or waters

within this Commonwealth or illegally taken from lands or waters

outside this Commonwealth.

Section 2.  This act shall take effect in 60 days.