Pennsylvania Act 1992-45 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of May 28, 1992, P.L. 262, No. 45               Cl. 34
                             Session of 1992
                               No. 1992-45

     HB 961

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for the disclosure of certain
        information; prohibiting interference with the lawful taking
        of wildlife or other activities permitted by the Pennsylvania
        Game Commission; and further providing for the information
        which must appear on identification tags which are attached
        to traps.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 325(c), 2302 and 2361(a)(12) of Title 34
     of the Pennsylvania Consolidated Statutes are amended to read:
      § 325.  Limitation on disclosure of certain records.
        * * *
        (c)  Nonapplication.--The provisions of this section shall
     not apply to records and reports:
            (1)  Required for prosecutions of any violations of this
        title.
            (2)  Required for administrative proceedings held
        pursuant to the laws of this Commonwealth.
            (3)  Required for the prosecution of any violation of any
        Federal laws or the laws of any state of the United States.
            (4)  Required to be published to enforce the suspension
        or revocation of hunting and trapping privileges by the
        commission.
            (5)  Authorized by action of the commission for the sole
        purpose of exercising legitimate governmental function or
        duty.
            (6)  Required to determine the identification of a
        trapper under section 2361(a)(12) (relating to unlawful acts
        concerning taking of furbearers), when such information is
        requested by a landowner, an agent of a landowner or a lessee
        of land.
     When such records and reports are made available by the
     commission for the limited purposes set forth in paragraphs (1)
     through [(5)] (6), they shall not be published, circulated or
     disclosed by the receiving agency for any purposes.
        * * *
      § 2302.  Interference with lawful [hunting or trapping] taking
                of wildlife or other activities permitted by this
                title prohibited.
        (a)  General rule.--Except as otherwise provided in this
     title, it is unlawful [to :
            (1)  Interfere with the lawful hunting, trapping or
        taking of game or wildlife.
            (2)  Disturb any game or wildlife, or engage in any
        activity or place any object or substance that may disturb or
        otherwise affect the behavior of any game or wildlife with
        the intent to hinder or prevent its lawful taking.
            (3)  Disturb or interfere with another person who is
        engaged in the lawful hunting, trapping or taking of game or
        wildlife or who is engaged in or preparing to hunt, trap or
        take any game or wildlife or prevent or hinder such person's
        enjoyment of the outdoors.
            (4)  Enter or remain upon public lands or upon private
        lands without permission of the owner or their agent, with
        intent to violate this section.
            (5)  Fail to obey the order of any officer whose duty it
        is to enforce any of the laws of this Commonwealth where such
        officer observes any conduct which violates this section, or
        has reasonable grounds to believe that any person intends to
        engage in such conduct.]
     for another person at the location where the activity is taking
     place to intentionally obstruct or interfere with the lawful
     taking of wildlife or other activities permitted by this title.
        (a.1)  Activities which violate section.--A person violates
     this section when he intentionally or knowingly:
            (1)  drives or disturbs wildlife for the purpose of
        disrupting the lawful taking of wildlife where another person
        is engaged in the process of lawfully taking wildlife or
        other permitted activities;
            (2)  blocks, impedes or otherwise harasses another person
        who is engaged in the process of lawfully taking wildlife or
        other permitted activities;
            (3)  uses natural or artificial visual, aural, olfactory
        or physical stimuli to affect wildlife behavior in order to
        hinder or prevent the lawful taking of wildlife or other
        permitted activities;
            (4)  creates or erects barriers with the intent to deny
        ingress or egress to areas where the lawful taking of
        wildlife or other permitted activities may occur;
            (5)  interjects himself into the line of fire;
            (6)  affects the condition or placement of personal or
        public property intended for use in the lawful taking of
        wildlife or other permitted activities in order to impair its
        usefulness or prevent its use;
            (7)  enters or remains upon public lands or upon private
        lands without permission of the owner or their agent, with
        intent to violate this section; or
            (8)  fails to obey the order of any officer whose duty it
        is to enforce any of the laws of this Commonwealth where such
        officer observes any conduct which violates this section or
        has reasonable grounds to believe that any person intends to
        engage in such conduct.
        (b)  Enforcement and recovery of damages.--The commission or
     any person who is lawfully engaged in the taking, hunting or
     trapping of game or wildlife who is directly affected by a
     violation of this section may bring an action to restrain
     conduct declared unlawful in this section and to recover
     damages.
        (c)  Exceptions.--The conduct declared unlawful in this
     section does not include any activities arising from lawful
     activity by other land uses, including farming, mining, forestry
     practices, recreation or any other activities when it is evident
     that such activities are not intended to violate this section.
        (d)  Penalties.--A violation of this section is a summary
     offense of the second degree.
      § 2361.  Unlawful acts concerning taking of furbearers.
        (a)  General prohibitions.--Except as otherwise provided in
     this title, it is unlawful for any person to:
            * * *
            (12)  Set a trap of any description unless each device is
        marked with a durable identification tag attached to the trap
        or trap chain which, at the option of the trapper, must
        legibly set forth in English the first name, last name and
        legal home address of the person setting or tending the trap
        or must bear a number issued by the commission. All
        information under this paragraph shall be subject to the
        provisions of section 325 (relating to limitation on
        disclosure of certain records).
            * * *
        Section 2.  This act shall take effect July 1, 1992.

     APPROVED--The 28th day of May, A. D. 1992.

     ROBERT P. CASEY