An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in special licenses and permits, further providing for definitions and for exotic wildlife possession permits.

The Pennsylvania state legislature is scheduled to adjourn on 11/30/12.

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 1398 Session of
2011

INTRODUCED BY STABACK, CALTAGIRONE, COHEN, J. EVANS, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, W. KELLER, KIRKLAND, MURT, O'NEILL, K. SMITH, TAYLOR, CARROLL AND MANN, APRIL 27, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 23, 2012

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in special licenses and permits, further providing for definitions and for exotic wildlife possession permits.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The definitions of "exotic wildlife" and "exotic wildlife dealer" in section 2961 of Title 34 of the Pennsylvania Consolidated Statutes are amended to read:
§ 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:
* * *
"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.] all nonindigenous animals and the following, regardless of whether the animals are bred or reared in captivity or imported from another state or nation:
(1) All members of the order Primates (nonhuman primates).
(2) All members of the family Ursidae (bears).
(3) All members of the species:
(i) Canis latrans (coyotes).
(ii) Canis lupus (gray wolves).
(iii) Canis rufus (red wolves).
(iv) Felis rufus (bobcat).
(v) Panthera leo (lions).
(vi) Panthera tigris (tigers).
(vii) Panthera pardus (leopards).
(viii) Panthera unica (snow leopards).
(ix) Neofelis nebulosa (clouded leopard).
(x) Panthera onca (jaguars).
(xi) Acinonyx jubatus (cheetahs).
(xii) Felis concolor (cougars).
(xiii) Any crossbreed of the animals specified in this paragraph which have similar characteristics in appearance or features.
The term shall not be construed to include any member of the class Aves (birds), any member of the families Equidae (horses, asses and zebras), Camelidae (camels, alpacas and llamas), Cervidae (deer, moose and elk), Bovidae (wild cattle and spiral-horned antelopes), Muridae (rats and mice), Chinchillidae (chinchillas and viscachas), Leporidae (rabbits and hares), Erinaceidae (hedgehogs and moonrats), Petauridae (gliders and striped possums) or any member of the species Mustela furo (domestic ferrets) or Cavia porcellus (domestic guinea pigs).
"Exotic wildlife dealer." Any person who:
(1) 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.]; and
(2) engages in at least five documented transactions annually involving exotic wildlife.
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Section 2. Section 2963 of Title 34 is amended to read:
§ 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.]
(b.1) PROHIBITION.
(1) Commencing on January 1, 2012 2013, the commission shall not issue permits for the possession of exotic wildlife, except as set forth in sections 2930 (relating to propagating permits), 2962 (relating to exotic wildlife dealer permits) and 2964(a) (relating to menagerie permits) and 58 Pa. Code § 147.302 (relating to general).
(2) (i) The provisions of paragraph (1) shall not apply to exotic wildlife lawfully possessed pursuant to an exotic wildlife possession permit, provided that the permit is used prior to December 31, 2011 2012. The permit shall only authorize the continued possession, after December 31, 2011 2012, of the exotic wildlife identified in the permit.
(ii) The provisions of paragraph (1) shall not apply to a wildlife sanctuary for which the commission, in its sole discretion, has designated a facility and authorized it to operate as a place of refuge to provide temporary or lifetime shelter, care and protection for abused, neglected, unwanted, impounded, abandoned, orphaned or displaced wildlife under the authority provided under section 2902(c) (relating to general categories of permits).
(iii) This paragraph shall not be construed to authorize acquisition, display, exhibition or disposal of any additional exotic wildlife after December 31, 2011 2012. This subparagraph shall not apply to any young born after December 31, 2011 2012, from otherwise lawfully held exotic wildlife.
(c) Unlawful acts. It is unlawful for any person to:
(1) [Possess, purchase or receive exotic wildlife] Keep exotic wildlife in captivity or have exotic wildlife in the person's custody or control, without first securing a permit [to possess exotic wildlife issued under this section or regulations pertaining to this section] issued by the commission as set forth in sections 2930, 2962 and 2964(a) or 58 Pa. Code § 147.302.
(2) [Release] Violate any of the provisions of this section or 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] unlawful release of exotic wildlife is a misdemeanor offense.
(2) Any other violation of this section is a summary offense of the [fifth] first 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].
(4) A second or subsequent conviction within a seven-year period for:
(i) A violation of subsection (c)(1), is a misdemeanor of the first degree.
(ii) A violation of subsection (c)(2), is a misdemeanor offense. A VIOLATION OF SUBSECTION (C)(1) OR (2) IS A MISDEMEANOR OF THE FIRST DEGREE.
[(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 3. This act shall take effect in 60 days.