PRIOR PRINTER'S NO. 486
PRINTER'S NO. 628
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ALLOWAY, SCHWANK, WOZNIAK, TEPLITZ, ERICKSON, DINNIMAN, GREENLEAF, SOLOBAY, BREWSTER, BRUBAKER AND FERLO, FEBRUARY 20, 2013
SENATOR ALLOWAY, GAME AND FISHERIES, AS AMENDED, MARCH 12, 2013
1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in special licenses and permits, further providing
3for definitions, for exotic wildlife possession permits and
4for menagerie permits.
10§ 2961. Definitions.
14* * *
15"Exotic wildlife." The phrase includes[, but is not limited
16to, all bears, coyotes, lions, tigers, leopards, jaguars,
17cheetahs, cougars, wolves and any crossbreed of these animals
18which have similar characteristics in appearance or features.
1The definition is applicable whether or not the birds or animals
2were bred or reared in captivity or imported from another state
3or nation.] all nonindigenous animals and the following,
4regardless of whether the animals are bred or reared in
5captivity or imported from another nation or state:
8(2) All members of the family Ursidae (bears).
9(3) All members of the species:
10(i) Canis latrans (coyotes).
11(ii) Canis lupus (gray wolves).
12(iii) Canis rufus (red wolves).
13(iv) Felis rufus (bobcats).
14(v) Panthera leo (lions).
15(vi) Panthera tigris (tigers).
16(vii) Panthera pardus (leopards).
17(viii) Panthera uncia (snow leopards).
18(ix) Neofelis nebulosa (clouded leopards).
19(x) Panthera onca (jaguars).
20(xi) Acinonyx jubatus (cheetahs).
21(xii) Felis concolor (cougars).
24The term does not include any member of the class Aves (birds),
25any member of the families Equidae (horses, asses and zebras),
26Camelidae (camels, alpacas and llamas), Cervidae (deer, moose
27and elk), Bovidae (wild cattle and spiral-horned antelopes),
28Muridae (rats and mice), Chinchillidae (chinchillas and
29viscachas), Leporidae (rabbits and hares), Petauridae (gliders
30and striped possums) or any member of the species Mustela furo
4"Exotic wildlife dealer." Any person who:
5(1) imports into this Commonwealth, possesses, buys,
6sells, locates or finds for a fee, barters, donates, gives
7away or otherwise disposes of [more than one bird or one
8animal classified as] exotic wildlife [by this subchapter.];
12"Menagerie." Any place where [one or more] wild birds or
13wild animals, [or one or more] including exotic wildlife, or ten
14or more birds or animals which have similar characteristics and
15appearance to birds or animals wild by nature, are kept in
16captivity for the evident purpose of public exhibition with [or
20§ 2963. Exotic wildlife possession permits.
21(a) Authorization.--[The] Subject to the provisions of
22subsection (a.1), the commission may issue permits to persons to
23possess exotic wildlife which shall authorize the holder to
24purchase, receive or possess exotic wildlife from any lawful
25source from within or without this Commonwealth.
27(1) On and after January 1, 2014, the commission shall
28not issue any new permits authorized under subsection (a) for
29the possession of exotic wildlife, and may only issue permits
30as set forth in sections 2962 (relating to exotic wildlife
1dealer permits) and 2964 (relating to menagerie permits).
2(2) Permits issued under subsection (a) prior to
3December 31, 2013, may only authorize the continued
4possession, after December 31, 2013, of the individual exotic
5wildlife identified in the permit, provided that, after the
6effective date of this subsection, no permits for possession,
7purchase or receipt of exotic wildlife may be issued to any
8person who has been convicted of or fined for an offense
9involving the abuse or neglect or any animal pursuant to any
10Federal, State or local law.
13(i) The commission has designated as a facility to
14operate as a nonprofit place of refuge to provide
15temporary or lifetime shelter, care and protection for
16abused, neglected, unwanted, impounded, orphaned or
17displaced wildlife under section 2902(c) (relating to
18general categories of permits).
30(v) Does not breed any exotic wildlife.
6[(b) Shelter, care and protection.--No permit provided for
7in this section shall be granted until the commission is
8satisfied that the provisions for housing and caring for such
9exotic wildlife and for protecting the public are proper and
10adequate and in accordance with the standards established by the
12(c) Unlawful acts.--It is unlawful for any person to:
13(1) [Possess, purchase or receive exotic wildlife,] Keep
14exotic wildlife in captivity, have exotic wildlife in the
15person's custody or control or purchase or receive exotic
16wildlife without first securing a permit [to possess exotic
17wildlife issued under this section or regulations pertaining
18to this section.] issued by the commission as set forth in
19this section or sections 2962 and 2964.
30(2) Any other violation of this section is a summary
1offense of the [fifth] first degree.
2(3) Each day of violation shall constitute a separate
3offense[, but under no circumstances shall the accumulated
4penalty for purposes of a field receipt exceed $300. There
5shall be no limit on any accumulated penalty a court may
10[(e) Discretion of director.--In addition to the penalties
11provided, the director may, for any violation of this section,
12revoke or suspend any permit and order the disposal of any
13exotic wildlife held.]
14§ 2964. Menagerie permits.
15* * *
16(c) Unlawful acts.--It is unlawful to:
17(1) Keep any wild bird or wild animal in captivity for
18public exhibition, or to have any wild bird or wild animal in
19custody or control for such purpose, without first securing a
20permit issued by the commission.
30(1) A violation of this section relating to permits or
7(3) Each day of violation shall constitute a separate
8offense<-[, but, under no circumstances, shall the accumulated
9penalty for purposes of a field receipt exceed $300. There
10shall be no limit on any accumulated penalty a court may
15* * *
16Section 3. This act shall take effect in 60 days.