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