Bill Text
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1051 Session of
2011
INTRODUCED BY STABACK, CALTAGIRONE, CARROLL, COHEN, J. EVANS, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, W. KELLER, KIRKLAND, MURT, O'NEILL, K. SMITH AND J. TAYLOR, MARCH 14, 2011
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 14, 2011
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions; in game or wildlife protection, further providing for unlawful importation of game or wildlife; in special licenses and permits, further providing for definitions; providing for wildlife classification; further providing for exotic wildlife dealer permit; providing for wildlife possession prohibited; and further providing for exotic wildlife possession permit, for menagerie permit and for exclusions.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The definitions of "bird," "furbearers," "game," "game animals," "small game," "wild animals," "wild birds" and "wildlife" in section 102 of Title 34 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:
* * *
["Bird." A member of the class Aves, including any part, product, egg or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.]
* * *
"Exotic wildlife." Includes all nonindigenous wild birds and wild animals not otherwise defined as a game bird or game animal, including, but not limited to, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, nonhuman primates and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals are bred or reared in captivity or imported from another state or nation.
* * *
"Furbearers." Unless otherwise modified by regulation of the commission, the term includes the badger, the fisher, the mink, the muskrat, the opossum, the otter, the pine marten, the striped and spotted skunk, the beaver, the raccoon, all weasels, the red and gray fox, the coyote and the bobcat.
"Game." Includes ["game animals," "game birds"] all game animals, game birds and any facsimile thereof.
"Game animals." [Unless otherwise modified by regulation of the commission, the term includes the elk, the whitetail deer, the bear, the cottontail rabbit, the snowshoe hare, the red, gray and fox squirrel and the groundhog or woodchuck] Includes all wild birds and wild animals defined or listed as big game, small game and furbearers.
* * *
"Migratory birds." All migratory birds as defined in 50 CFR (relating to wildlife and fisheries) by the United States Fish and Wildlife Service of the Department of the Interior.
* * *
"Protected animals." All wild animals not included within the term game animals.
* * *
"Small game." [All species of game birds and game animals not classed as big game] Unless otherwise modified by regulation of the commission, includes the cottontail rabbit, the snowshoe hare, the red, gray and fox squirrel, the groundhog or woodchuck and all game birds other than the wild turkey.
* * *
"Wild animals." All mammals other than domestic animals as defined in 1 Pa.C.S. § 1991 (relating to definitions), including all game animals and all protected animals.
"Wild birds." [All migratory birds as defined in 50 CFR by the United States Fish and Wildlife Service of the Department of the Interior, game birds and any other birds designated by the commission, including, but not limited to, grouse, partridge, pheasant, quail and wild turkey] Except as otherwise provided by law, all members of the class Aves, including all game birds, migratory birds and all protected birds.
"Wildlife." [Wild] All wild birds, wild [mammals] animals and facsimiles thereof, regardless of classification, whether protected or unprotected, including any part, product, egg or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included.
Section 2. Section 2163(d) of Title 34 is amended and the section is amended by adding subsections to read:
§ 2163. Unlawful importation of game or wildlife.
* * *
(b.1) Class I and II wildlife. It is unlawful to import any wildlife classified as Class I or II wildlife under section 2961.1 (relating to wildlife classification) into this Commonwealth for any purpose except as expressly authorized or exempted in sections 2964 (relating to menagerie permits) and 2965 (relating to exclusions).
(b.2) Class III wildlife. Except as otherwise provided by law or by regulation of the commission, it is lawful to import any wildlife classified as Class III under section 2961.1 into this Commonwealth for any purpose with or without a permit issued pursuant to this title.
* * *
(d) Contraband. Any game or wildlife or egg possessed by any person contrary to this section is contraband. In addition to any other penalty otherwise provided by this title or law, the director may order the disposal of any wildlife held for any violation of this section.
Section 3. Section 2961 of Title 34 is repealed:
[§ 2961. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Educational purposes." Displays by or for public or private schools, sportsmen's organizations, youth organizations, civic associations, conservation camps and school or any other organization deemed appropriate by the commission.
"Exotic wildlife." The phrase includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.
"Exotic wildlife dealer." Any person who imports into this Commonwealth, possesses, buys, sells, locates or finds for a fee, barters, donates, gives away or otherwise disposes of more than one bird or one animal classified as exotic wildlife by this subchapter.
"Menagerie." Any place where one or more wild birds or wild animals, or one or more birds or animals which have similar characteristics and appearance to birds or animals wild by nature, are kept in captivity for the evident purpose of exhibition with or without charge.]
Section 4. Title 34 is amended by adding a section to read:
§ 2961.1. Wildlife classification.
(a) Class I. Except as otherwise provided by law or by regulation of the commission, the following species of wildlife or any crossbreeds thereof shall be classified as Class I wildlife:
(1) (i) Any member of the family Felidae (Cats).
(ii) Subparagraph (i) shall not be construed to include domestic cats (Felis catis), including all breeds of cat recognized by the American Cat Fanciers Association or any crossbreeds of species recognized by the American Cat Fanciers Association. This exclusion shall not extend to any crossbreeds between domestic cats and any other member of the family Felidae.
(2) (i) Any member of the family Canidae (Dogs).
(ii) Subparagraph (i) shall not be construed to include domestic dogs (Canis lupus familiaris), including all breeds of dog recognized by the American Kennel Club or any crossbreeds of breeds recognized by the American Kennel Club. This exclusion shall not extend to any crossbreeds between domestic dogs and any other member of the family Canidae.
(3) Any member of the family Ursidae (Bears).
(4) Any member of the family Hyaenidae (Hyenas).
(5) Any member of the family Otariidae (Eared seals).
(6) Any member of the family Odobenidae (Walruses).
(7) Any member of the family Phocidea (True Seals).
(8) Any member of the order Cetacea (Whales, Porpoises and Dolphins).
(9) Any member of the order Sirenia (Manatees and Dugongs).
(10) Any member of the order Primates (Lemurs, Monkeys and Apes).
(11) Any member of the family Elephantidae (Elephants).
(12) Any member of the family Rhinocerotidae (Rhinoceroses).
(13) (i) Any member of the family Suidae (Wild Pigs and Boars).
(ii) Subparagraph (i) shall not be construed to include domestic pigs (Sus scrofa domestica), including all breeds of pig recognized by the National Swine Registry or any crossbreeds of breeds recognized by the National Swine Registry. This exclusion shall not extend to any crossbreeds between domestic pigs and any other member of the family Suidae.
(14) Any member of the family Tayassuidae (Peccaries).
(15) Any member of the family Hippopotamidae (Hippopotamuses).
(16) Any member of the family Myocastoridae (Coypus or Nutrias).
(17) Any member of the families Macropodidae and Hypsiprymnodontidae (Kangaroos and Wallabies).
(18) Any member of the species Myiopsitts monachus (Monk Parakeets).
(19) Any other species designated by regulation of the commission.
(b) Class II. Except as otherwise provided by law or by regulation of the commission, the following species of wildlife or any crossbreeds thereof shall be classified as Class II wildlife:
(1) Any member of the family Procyonidae (Raccoons, Kinkajous and Red Pandas).
(2) (i) Any member of the family Mustelidae (Weasels).
(ii) Subparagraph (i) shall not be construed to include any member of the species Mustela furo (Domestic Ferrets).
(3) Any member of the family Mephitidae (Skunks).
(4) Any member of the family Viverridae (Civets and Genets).
(5) Any member of the family Herpestidae (Mongooses).
(6) Any member of the family Tupaiidae (Tree Shrews).
(7) Any member of the family Cynocephalidae (Colugo).
(8) Any member of the family Procaviidae (Hyraxes).
(9) Any member of the family Orycteropodidae (Aardvarks).
(10) Any member of the family Tapiridae (Tapirs).
(11) Any member of the family Tragulidae (Chevrotains).
(12) Any member of the family Moschidae (Musk deer).
(13) Any member of the family Giraffidae (Giraffe and Okapi).
(14) Any member of the family Antilocapridae (Pronghorn).
(15) Any member of the family Castoridae (Beavers).
(16) Any member of the family Aplodontidae (Mountain Beaver).
(17) Any member of the family Sciuridae (Squirrels).
(18) Any member of the family Pedetidae (Springhare).
(19) Any member of the family Myoxidae (Dormice).
(20) Any member of the family Dipodidae (Jumping Mice, Birchmice and Jerboas).
(21) Any member of the family Geomyidae (Pocket Gophers).
(22) Any member of the family Heteromyidae (Pocket Mice and Kangaroo Rats).
(23) Any member of the family Erethizontidae (New World Porcupines).
(24) (i) Any member of the family Caviidae (Cavies).
(ii) Subparagraph (i) shall not be construed to include any member of the species Cavia porcellus (Domestic Guinea Pigs).
(25) Any member of the family Hydrochaeridae (Capybara).
(26) Any member of the family Petromyidae (Dassie Rats).
(27) Any member of the family Thryonomyidae (Cane Rats).
(28) Any member of the family Dinomyidae (Pacarana).
(29) Any member of the family Dasyproctidae (Agoutis and Acouchis).
(30) Any member of the family Agoutidae (Pacas).
(31) Any member of the family Ctenomyidae (Tuco-tucos).
(32) Any member of the family Octodontidae (Degus or Octodonts).
(33) Any member of the family Abrocomidae (Chinchilla Rats).
(34) Any member of the family Echimyidae (Spiny Rats).
(35) Any member of the family Capromyidae (Hutias).
(36) Any member of the family Hystricidae (Old World Porcupines).
(37) Any member of the family Ctenodactylidae (Gundis).
(38) Any member of the family Bathyergidae (African Mole-rats).
(40) Any member of the family Ochotonidae (Pikas).
(41) Any member of the family Macroscelididae (Elephant Shrews or Sengis).
(42) Any member of the family Tenrecidae (Tenrecs).
(43) Any member of the family Solenodontidae (Solenodons).
(44) Any member of the family Soricidae (Shrews).
(45) Any member of the family Chrysochloridae (Golden Moles).
(46) Any member of the family Talpidae (Moles and Desmans).
(47) Any member of the order Chiroptera (Bats).
(48) Any member of the family Myrmecophagidae (Anteaters).
(49) Any member of the families Megalonychidae and Bradypodidae (Sloths).
(50) Any member of the family Dasypodidae (Armadillos).
(51) Any member of the family Manidae (Pangolins).
(52) Any member of the family Didelphidae (American Opossums).
(53) Any member of the family Caenolestidae (Shrew or Rat Opossums).
(54) Any member of the family Dasyuridae (Quolls, Dunnarts and Marsupial Mice).
(55) Any member of the family Myrmecobiidae (Numbat).
(56) Any member of the family Notoryctidae (Marsupial Moles).
(57) Any member of the families Peramelidae and Peroryctidae (Bandicoots).
(58) Any member of the family Phalangeridae (Cuscuses and Brushtails).
(59) Any member of the family Burramyidae (Pygmy Possums).
(60) Any member of the family Acrobatidae (Feathertail Possums and Gliders).
(61) Any member of the family Pseudocheiridae (Ringtail Possums).
(62) Any member of the family Hypsiprymnodontidae (Musky Rat Kangaroos).
(63) Any member of the family Phascolarctidae (Koalas).
(64) Any member of the family Vombatidae (Wombats).
(65) Any member of the family Tarsipedidae (Honey Possums).
(66) Any member of the family Ornithorhynchidae (Platypuses).
(67) Any member of the family Tachyglossidae (Echidnas).
(68) Any other species designated by regulation of the commission or not otherwise listed or captured by the classifications provided in subsections (a) and (c).
(c) Class III. Except as otherwise provided by law or by regulation of the commission, the following species of wildlife or any crossbreeds thereof shall be classified as Class III wildlife:
(1) Any member of the species Mustela furo (Domestic Ferrets).
(2) Any member of the family Equidae (Horses, Asses and Zebras).
(3) Any member of the family Camelidae (Camels, Alpacas and Llamas).
(4) Any member of the family Cervidae (Deer, Moose and Elk).
(5) Any member of the family Bovidae (Wild Cattle and Spiral-horned Antelopes).
(6) Any member of the family Muridae (Rats and Mice).
(7) Any member of the species Cavia porcellus (Domestic Guinea Pigs).
(8) Any member of the family Chinchillidae (Chinchillas and Viscachas).
(9) Any member of the family Leporidae (Rabbits and Hares).
(10) Any member of the family Erinaceidae (Hedgehogs and Moonrats).
(11) Any member of the family Petauridae (Gliders and Striped Possums).
(12) (i) Any member of the class Aves (Birds).
(ii) Subparagraph (i) shall not be construed to include the species Myiopsitts monachus (Monk Parakeets).
(13) Any other species designated by regulation of the commission.
Section 5. Section 2962 of Title 34 is repealed:
[§ 2962. Exotic wildlife dealer permits.
(a) Authorization. The commission may issue a permit to a person to act as an exotic wildlife dealer. The permit shall authorize the holder to import into this Commonwealth, possess, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of exotic wildlife. A dealer or third person who arranges any trades, sales or purchases set forth in section 2965 (relating to exclusions) for any type of a fee, reimbursement or commission shall be required to have an exotic wildlife dealer's permit.
(b) Shelter, care and protection. No permit shall be granted by the commission until it is satisfied that the provisions for housing and caring for the exotic wildlife and protection for the public are proper and adequate and in accordance with the standards which may be established by regulations adopted by the commission.
(c) Unlawful acts. It is unlawful for any person to:
(1) Import into this Commonwealth, possess, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of more than one bird or one animal classified as exotic wildlife in any calendar year without first securing a permit issued under this section.
(2) Release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty.
(1) A violation of this section relating to permits or regulations adopted thereunder is a summary offense of the first degree.
(2) Any other violation of this section is a summary offense of the sixth degree.
(3) Each day of violation shall constitute a separate offense, but, under no circumstances, shall the accumulated penalty for purposes of a field receipt exceed $500. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director. In addition to the penalties provided, the director may, for any violation of this section or the rules and regulations thereunder, revoke or suspend any permit and order the disposal of any exotic wildlife held.]
Section 6. Title 34 is amended by adding a section to read:
§ 2962.1. Wildlife possession prohibited.
(a) Class I and II. It is unlawful to acquire, possess, control or dispose of any wildlife classified as Class I or Class II wildlife within this Commonwealth except as expressly authorized or exempted in sections 2964 (relating to menagerie permits) and 2965 (relating to exclusions).
(b) Class III. Except as otherwise provided by law or by regulation of the commission, it is lawful to acquire, possess, control or dispose of any wildlife classified as Class III wildlife within this Commonwealth with or without a permit issued pursuant to this chapter.
(c) Penalty. A violation of this section relating to Class I wildlife is a summary offense of the first degree. Any other violation is a summary offense of the fifth degree. Each day and each bird, egg or animal shall constitute a separate offense.
(d) Discretion of director. In addition to any other penalties provided, by this title or law, the director may order the disposal of any wildlife held for any violation of this section.
Section 7. Section 2963 of Title 34 is repealed:
[§ 2963. Exotic wildlife possession permits.
(a) Authorization. The commission may issue permits to persons to possess exotic wildlife which shall authorize the holder to purchase, receive or possess exotic wildlife from any lawful source from within or without this Commonwealth.
(b) Shelter, care and protection. No permit provided for in this section shall be granted until the commission is satisfied that the provisions for housing and caring for such exotic wildlife and for protecting the public are proper and adequate and in accordance with the standards established by the commission.
(c) Unlawful acts. It is unlawful for any person to:
(1) Possess, purchase or receive exotic wildlife, without first securing a permit to possess exotic wildlife issued under this section or regulations pertaining to this section.
(2) Release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty.
(1) A violation of this section relating to permits is a summary offense of the third degree.
(2) Any other violation of this section is a summary offense of the fifth degree.
(3) Each day of violation shall constitute a separate offense, but under no circumstances shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director. In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any exotic wildlife held.]
Section 8. Sections 2964 and 2965 of Title 34 are amended to read:
§ 2964. Menagerie permits.
(a) Authorization.
(1) The commission may issue permits for the establishment and operation of menageries within this Commonwealth. The permit generally authorizes the holder to possess both native and exotic wildlife for the explicit purpose of public display or exhibition, with or without charge.
(2) Class I. Except as otherwise authorized by subsection (d), this permit does not authorize the holder to possess, display, exhibit or dispose of Class I wildlife.
(3) Class II. This permit is required to possess, display or exhibit, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of Class II wildlife.
(4) Class III. This permit is required only where Class III wildlife is displayed or exhibited to the public.
(b) Shelter, care and protection. [Prior to the issuance of any permits, the commission shall adopt regulations for the housing, care, treatment, feeding, sanitation, purchase and disposal of wild birds and wild animals kept in menageries and for the protection of the public from such birds or animals. The commission after issuing the permit shall enforce such regulations.] Native or exotic wildlife possessed pursuant to the authorizations of this chapter shall be maintained in accordance with regulations promulgated by the commission establishing minimum standards of shelter, care and protection. These standards shall include minimum standards designed to protect the public from the native or exotic wildlife. All conditions are subject to the initial and ongoing approval of the commission. Any required modifications shall be completed within 30 days of notice of deficiency.
(b.1) Training and experience. Initial applicants and current permittees must provide documentation evidencing a minimum of two years of substantive and meaningful training and experience working with each new species of native or exotic wildlife they intend to acquire prior to actual attainment. The training and experience must include familiarity with the care, feeding, handling, training and husbandry of the designated species.
(b.2) Wildlife sanctuaries. The commission may, at its sole discretion, designate a menagerie facility as a wildlife sanctuary and authorize it to operate as a place of refuge and provide temporary or lifetime shelter, care and protection for abused, neglected, unwanted, impounded, abandoned, orphaned or displaced Class I wildlife.
(b.3) Federal and local authorization required. The initial and continuing validity of any permit issued pursuant to this section shall be conditioned upon the acquisition and maintenance of any applicable Federal and local permits or licenses governing any activity authorized by this section.
(c) Unlawful acts. It is unlawful to:
[(1) Keep any wild bird or wild animal in captivity for public exhibition, or to have any wild bird or wild animal in custody or control for such purpose, without first securing a permit issued by the commission.
(2) Violate any of the provisions of this section or to release any bird or animal into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.]
(1) Release Class I, II or III wildlife from captivity into the wild.
(2) Fail to exercise due care in safeguarding the public from attack by Class I, II or III wildlife or to recklessly engage in conduct which places or may place another person in danger of attack by Class I, II or III wildlife.
(3) Violate any other provision of this section.
(d) Penalty.
[(1) A violation of this section relating to permits or regulations adopted thereunder is a summary offense of the second degree.
(2) Any other violation of this section is a summary offense of the seventh degree.
(3) Each day of violation shall constitute a separate offense, but, under no circumstances, shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.]
(1) A violation of subsection (c)(1) or (2) is a summary offense of the first degree.
(2) Any other violation of this section is a summary offense of the fifth degree.
(3) Each day and each bird, egg or animal shall constitute a separate offense.
(e) Discretion of director. In addition to the penalties provided, the director may[, for any violation of this section] deny, revoke or suspend any permit and order the disposal of any wildlife held [in the menagerie] for any violation of this section.
§ 2965. Exclusions.
(a) General rule. The provisions of sections 2163 (relating to unlawful importation of game or wildlife), 2930 (relating to propagating permits), [2962(a) (relating to exotic wildlife dealer permits), 2963(a) (relating to exotic wildlife possession permits)] 2962.1 (relating to wildlife possession prohibited) and 2964(a) (relating to menagerie permits) shall not be construed apply to any:
(1) Public zoological garden which receives government grants or appropriations.
(2) Private zoological park or garden which is open to the public and is accredited by the American Association of Zoological Parks and Aquariums.
(3) Nationally recognized circus.
(4) Federal wildlife research facilities or wildlife research facilities registered with the Federal Government under the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).
(5) (i) Class I, II or III wildlife lawfully possessed by a person prior to January 1, 2011.
(ii) Subparagraph (i) shall not be construed to extend to any young born after January 1, 2012, from otherwise excluded wildlife and shall only authorize the continued possession of such wildlife.
(iii) Subparagraph (i) shall only authorize the continued possession of such wildlife and shall not authorize further acquisition, display, exhibition or disposal of any wildlife, except as may be provided in this title.
(6) Class I, II or III wildlife temporarily transported through this Commonwealth if all of the following apply:
(i) The transit time through this Commonwealth is less than 96 hours.
(ii) The wildlife is not displayed or exhibited in this Commonwealth.
(iii) The wildlife is continuously confined in a container that is of sufficient strength to prevent the animal from escaping or coming into contact with the public.
[(b) Specific exclusion for exotic wildlife dealer permits. The provisions of section 2962(a) shall not apply to any individual, partnership, association or corporation which holds a permit issued pursuant to section 2964, providing the purchase or sale of exotic wildlife or other authorized transaction is conducted for the sole purpose of maintaining stock for the menagerie.]
Section 9. This act shall take effect in 60 days.
|
Status