act-1996-0-184•Pennsylvania Act 1996-184 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1996-184 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
act-1996-0-1841996 Pa. Act 184Law
Act text
GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 19, 1996, P.L. 1442, No. 184 Cl. 34
Session of 1996
No. 1996-184
HB 2463
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, defining "bodily injury," "facsimile," "poaching"
and "serious bodily injury"; further defining "game," "hunt"
or "hunting," "take" and "wildlife" to include facsimiles;
further providing for the terms of commission members;
providing for the use of facsimiles for law enforcement
purposes, for the use of protective materials by officers and
for an additional penalty for poaching; and further providing
for incident reports and assistance, for increased penalties
for shooting at, causing injury to or killing another person,
for the use of lights while hunting, for carrying loaded
firearms in certain vehicles, for safety zones by employees
and agents of political subdivisions holding valid deer
control permits, for the training of dogs, for restrictions
on vehicles, for license revocation, for disabled hunting
licenses and for taxidermy permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "game," "hunt" or "hunting,"
"take" 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:
* * *
"Bodily injury." Impairment of physical condition or
substantial pain.
* * *
"Facsimile." A copy of game or wildlife with similar
characteristics. The term includes man-made, taxidermy mounts,
mechanical or electronic facsimiles.
* * *
"Game." Includes "game animals," [and] "game birds[.]" and
any facsimile thereof.
* * *
"Hunt" or "hunting." Any act or furtherance of the taking or
killing of any game or wildlife, or any part or product thereof,
and includes, but is not limited to, chasing, tracking, calling,
pursuing, lying in wait, trapping, shooting at, including
shooting at a game or wildlife facsimile, or wounding with any
weapon or implement, or using any personal property, including
dogs, or the property of others, of any nature, in furtherance
of any of these purposes, or aiding, abetting or conspiring with
another person in that purpose.
* * *
"Poaching." To unlawfully take game or wildlife by means of
or as a result of multiple violations of the provisions of this
title or the regulations thereunder.
* * *
"Serious bodily injury." Bodily injury which creates a
substantial risk of death or which causes serious permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
* * *
"Take." To harass, pursue, hunt for, shoot, wound, kill,
trap, capture, possess or collect any game or wildlife,
including shooting at a facsimile of game or wildlife, or
attempt to harass, pursue, hunt for, shoot, wound, kill, trap,
capture or collect any game or wildlife or aiding, abetting or
conspiring with another person in that purpose.
* * *
"Wildlife." Wild birds [and], wild mammals 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 in a manufactured product or in a
processed food product.
Section 2. Section 301(c) of Title 34 is amended to read:
§ 301. Organization of commission.
* * *
(c) Term of office and compensation.--The members of the
commission shall hold office for terms of eight years each and
may continue to hold office for a period of time not to exceed
six months or until a successor is appointed and qualified,
whichever occurs first. A member of the commission appointed to
fill a vacancy for a period of four years or less may be
eligible for appointment to a full eight-year term. A member of
the commission who serves a full eight-year term or fills a
vacancy for a period of more than four years shall not be
eligible for reappointment to the commission until a period of
eight years expires. [No member of the commission upon the
expiration of that member's term of office shall continue to
hold office until a successor shall be duly appointed and
qualified.] Commissioners shall receive no compensation for
their services, but may be reimbursed for travel expenses.
* * *
Section 3. Section 901 of Title 34 is amended by adding a
subsection heading, paragraph and subsection to read:
§ 901. Powers and duties of enforcement officers.
(a) Powers.--Any officer whose duty it is to enforce this
title or any officer investigating any alleged violation of this
title shall have the power and duty to:
* * *
(18) When acting within the scope of the officer's
employment and under the procedures outlined by the executive
director, to use a facsimile in the enforcement of the
provisions of this title and the regulations promulgated
hereunder.
(b) Use of protective materials.--Any officer whose duty it
is to enforce this title shall comply with the procedures
established by the executive director relating to the use of
protective materials under section 2524 (relating to protective
material required).
Section 4. Sections 902 and 925(a), (b) and (j) of Title 34
are amended to read:
§ 902. Deputy Game Commission officers.
Except for the [power] powers conferred under section 901(17)
and (18) (relating to powers and duties of enforcement
officers), deputy Game Commission officers shall, unless further
restricted by the director, exercise all the powers and perform
all the duties conferred by this title on Game Commission
officers.
§ 925. Jurisdiction and penalties.
(a) Jurisdiction.--Notwithstanding the provisions of Title
42 (relating to judiciary and judicial procedure), all district
justices shall have jurisdiction for all violations of this
title which are classified as summary offenses [or misdemeanors]
and may accept guilty pleas and impose sentences for violations
of this title classified as misdemeanors.
(b) Fines and penalties for violations.--In addition to any
other requirements of this title, the following fines and
penalties shall be imposed for violations of this title:
(1) Misdemeanor of the first degree,
not less than $2,000 nor more than $10,000 and may be
sentenced to imprisonment up to six months.
(2) Misdemeanor of the second degree, not less than
$1,000 nor more than $5,000 and may be sentenced to
imprisonment up to six months.
(3) Misdemeanor of the third degree, not less than $500
nor more than $2,500 and may be sentenced to imprisonment up
to six months.
(4) Summary offense of the first degree, $800.
(5) Summary offense of the second degree, $500.
(6) Summary offense of the third degree, $300.
(7) Summary offense of the fourth degree, $200.
(8) Summary offense of the fifth degree, $100.
(9) Summary offense of the sixth degree, $75.
(10) Summary offense of the seventh degree, $50.
(11) Summary offense of the eighth degree, $25.
In addition to the imposition of any fines, costs of prosecution
shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
(relating to costs) and 3571 (relating to Commonwealth portion
of fines, etc.).
* * *
(j) Title 18 inapplicable.--Title 18 (relating to crimes and
offenses) is inapplicable to this title insofar as it relates
to:
(1) intent, willfulness of conduct or fines and
imprisonment for convictions of summary offenses and
misdemeanors[.]; or
(2) criminal records under 18 Pa.C.S. Ch. 91 (relating
to criminal history record information) for misdemeanors
under section 2522(b)(1).
Section 5. Section 929(a) of Title 34 is amended and the
section is amended by adding subsections to read:
§ 929. Revocation or denial of license, permit or
registration.
(a) General rule.--Except as otherwise provided in this
title, any hunting or furtaking license, special license or
permit or registration granted under the authority of this title
may be revoked by the commission when the holder of the license,
permit or registration is convicted of an offense under this
title or has acted contrary to the intent of the license,
special license, registration or permit, with each offense
constituting a separate violation subject to separate
revocation. The commission may refuse to grant to that person
any new license, special license or permit or registration and
may deny any privilege granted by these documents for a period
not exceeding five years unless otherwise provided in this
title. A person whose license, permit or registration is revoked
or suspended under a provision of this title requiring mandatory
revocation or suspension must, in order to obtain restoration,
present evidence of the successful completion of a hunter
education course under section 2704(b) (relating to eligibility
for license) taken subsequent to the period of revocation.
(a.1) Hunter education course.--A person whose privilege to
hunt with or without a license anywhere in this Commonwealth is
revoked or suspended under a provision of this title requiring
mandatory revocation or suspension shall, in order to obtain
restoration, present evidence of the successful completion of a
hunter education course under section 2704(b) taken subsequent
to each period of revocation or suspension.
(a.2) Vision examination and drug and alcohol education
program.--A person whose privilege to hunt with or without a
license anywhere in this Commonwealth is revoked or suspended
under section 2522(c) (relating to shooting at or causing injury
to human beings), in order to obtain restoration, shall present
evidence of having taken a vision examination under section
2522(c) and, if required by the commission, present evidence of
having successfully completed an alcohol and drug education
program under section 2522(h).
* * *
Section 6. Sections 2308(b) and 2310(b) of Title 34 are
amended to read:
§ 2308. Unlawful devices and methods.
* * *
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Any archery sight or firearm's scope which contains
and uses any mechanical, photoelectric, ultraviolet or solar-
powered device to solely illuminate the sight or crosshairs
within the scope. No archery sight or firearm's scope shall
contain or use any device, no matter how powered, to project
or transmit any light beam, infrared beam, ultraviolet light
beam, radio beam, thermal beam, ultrasonic beam, particle
beam or other beam outside the sight or scope onto the
target.
(2) Any [special regulation area or] political
subdivision, its employees or agents, which has a valid deer
control permit issued under section 2902(c) (relating to
general categories of permits).
* * *
§ 2310. Unlawful use of lights while hunting.
* * *
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) A person on foot may use an artificial light
normally carried on the person to take raccoons, skunks,
opossum or foxes.
(2) Any [special regulation area or] political
subdivision, its employees or agents, which has a valid deer
control permit issued under section 2902(c) (relating to
general categories of permits).
* * *
Section 7. Title 34 is amended by adding a section to read:
§ 2329. Additional penalty for poaching.
(a) Additional penalty.--A person who violates this chapter
by illegally poaching any big game or threatened or endangered
species shall, in addition to any other penalty imposed, be
sentenced to pay a fine of $200 for each big game animal or each
threatened or endangered species illegally poached. Any fines
collected under this subsection shall be paid over to the
commission for use in maintaining the toll-free telephone number
under subsection (b) and to compensate callers whose reports led
to payment of a fine under this subsection. Each caller shall be
compensated $100 for each $200 collected as a result of the
caller's report.
(b) Report of violations.--The commission shall establish
and maintain a toll-free telephone number to report poaching of
big game or threatened or endangered species. Reports of
poaching of big game or threatened or endangered species are
confidential. No persons other than employees of the commission
in the course of official duties in connection with poaching
reports shall have access to identifying information relating to
the caller.
Section 8. Sections 2382, 2501, 2503(b), 2505(a),
2510(a)(3), 2521, 2522, 2523, 2706(b) and 2926 of Title 34 are
amended to read:
§ 2382. Training dogs on small game.
(a) General rule.--[It] Unless otherwise provided by
commission regulation, it is lawful to train a dog or dogs
during [the hours from one-half hour before sunrise to sunset
from August 1 through the following March 31.] any time of the
calendar year. Persons who are solely training dogs [during this
period] and who comply with the provisions of [subsection (b)]
this section shall not be required to have a hunting or
furtaking license. The commission may, by regulation, prohibit
or further restrict or relax the training period for specific
breeds of dogs on game or wildlife.
(b) Restrictions.--
(1) Any dog being trained pursuant to subsection (a)
shall be accompanied by and under the control of the owner or
a handler.
(2) The owner or handler or any other person shall not
carry a bow and arrow or a firearm fired from the shoulder
while training a dog.
(3) No dog shall be permitted to kill or inflict any
injury upon the pursued game or wildlife.
(c) [Raccoons and foxes.--Notwithstanding subsection (a), it
is lawful to train dogs on raccoons and foxes during any hour of
the day.
(d)] Sunday limitation.--It is unlawful to train dogs on
privately owned property on Sunday. This limitation shall not
apply to:
(1) National or State forest land.
(2) State game lands.
(3) Privately owned property when the consent of the
person in charge of the land is first obtained.
§ 2501. Hunting or furtaking prohibited while under influence
of alcohol or controlled substance.
(a) General rule.--It is unlawful to hunt or take game,
furbearers or wildlife or aid, abet, assist or conspire to hunt
or take game, furbearers or wildlife anywhere in this
Commonwealth while in possession of a firearm of any kind or a
bow and arrow [while under the influence of alcohol or a
controlled substance, or both.] if:
(1) under the influence of alcohol to a degree which
renders the person incapable of safe hunting or furtaking;
(2) under the influence of any controlled substance, as
defined by the laws of this Commonwealth and rules and
regulations promulgated thereunder, to a degree which renders
the person incapable of safe hunting or furtaking;
(3) under the combined influence of alcohol and a
controlled substance to a degree which renders the person
incapable of safe hunting or furtaking;
(4) the amount of alcohol by weight in the blood of:
(i) an adult is 0.10% or greater; or
(ii) a minor is 0.02% or greater.
(a.1) Prima facie evidence.--
(1) It is prima facie evidence that:
(i) an adult had 0.10% or more by weight of alcohol
in his or her blood at the time of hunting or taking of
game, furbearers or wildlife or the aiding, abetting,
assisting or conspiring to hunt or take game, furbearers
or wildlife if the amount of alcohol by weight in the
blood of the person is equal to or greater than 0.10% at
the time a chemical test is performed on a sample of the
person's breath, blood or urine; or
(ii) a minor had 0.02% or more by weight of alcohol
in his or her blood at the time of hunting or taking of
game, furbearers or wildlife or the aiding, abetting,
assisting or conspiring to hunt or take game, furbearers
or wildlife if the amount of alcohol by weight in the
blood of the minor is equal to or greater than 0.02% at
the time a chemical test is performed on a sample of the
minor's breath, blood or urine.
(2) For the purpose of this section, the chemical test
of the sample of the person's or minor's breath, blood or
urine shall be from a sample obtained:
(i) within three hours after the person or minor
hunted or took game, furbearers or wildlife or aided,
abetted, assisted or conspired to hunt or take game,
furbearers or wildlife; or
(ii) within a reasonable additional time after the
person or minor hunted or took game, furbearers or
wildlife or aided, abetted, assisted or conspired to hunt
or take game, furbearers or wildlife if the circumstances
of the incident prevented collecting the sample within
three hours.
(a.2) Legal use no defense.--The fact that any person
charged with violating this section is or has been legally
entitled to use alcohol or controlled substances is not a
defense to a charge of violating this section.
(a.3) Exception.--A person who is furtaking shall not be
deemed in violation of subsection (a) if that person is not in
possession of a firearm.
(b) Penalty.--A violation of the provisions of this section
shall be a [summary offense] misdemeanor of the third degree. In
addition to any penalty, the violator shall be denied the right
to hunt or trap in this Commonwealth, with or without a license,
for a period of one year.
(c) Definition.--As used in this section, the term
"controlled substance" shall have the meaning ascribed to it by
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
§ 2503. Loaded firearms in vehicles.
* * *
(b) Exceptions.--This section shall not be construed to
apply to:
(1) A police officer engaged in the performance of his
official duty.
(2) A commission officer engaged in the performance of
his duty.
(3) A person carrying a loaded pistol or revolver when
in possession of a valid firearms license issued by the chief
or head of any police force or the sheriff of a county when
the license is issued for protection under 18 Pa.C.S. Ch. 61
Subch. A (relating to Uniform Firearms Act).
(4) Any person as defined in section 2121(c) (relating
to killing game or wildlife to protect property) while on
lands they control and when not hunting or trapping for game
or wildlife.
(5) Any motorboat or other craft having a motor attached
or any sailboat if the motor has been completely shut off or
the sail furled and its progress therefrom has ceased.
(6) Any [special regulation area or] political
subdivision, its employees or agents, which has a valid deer
control permit issued under section 2902(c) (relating to
general categories of permits).
The exceptions in paragraphs (1) through (5) do not apply when
attempting to locate game or wildlife with an artificial light
or when exercising any privileges granted by this title which
may be exercised only when not in the possession of a firearm.
* * *
§ 2505. Safety zones.
(a) General rule.--Except as otherwise provided in this
title or [in any special regulation area or] to any political
subdivision, its employees or agents, which has a valid deer
control permit issued under section 2902(c) (relating to general
categories of permits), it is unlawful for any person, other
than the lawful occupant, while hunting game or wildlife, taking
furbearers of any kind, or pursuing any other privilege granted
by this title, to hunt for, take, trap, pursue, disturb or
otherwise chase any game or wildlife or to discharge, for any
reason, any firearm, arrow or other deadly weapon within or
through a safety zone, or to shoot at any game or wildlife while
it is within the safety zone without the specific advance
permission of the lawful occupant thereof.
* * *
§ 2510. Littering and restrictions on vehicles.
(a) General rule.--It is unlawful for any person while
hunting or furtaking or while on lands or waters open to hunting
or furtaking to:
* * *
(3) Park or leave standing any motor vehicle in such
manner as to block the means of ingress or egress to any
person's property, mailbox, cattleways or fields.
* * *
§ 2521. [Accident] Incident reports.
(a) General rule.--Every person who causes or is involved in
an [accident] incident in which a human being is injured by any
firearm or bow and arrow while hunting or taking game, wildlife
or furbearers or incurs a self-inflicted injury with any firearm
or bow and arrow while hunting or taking game, wildlife or
furbearers shall render a report to the commission at Harrisburg
or deliver the report to any officer of the commission on
duplicate forms provided for that purpose. The report shall be
delivered within 72 hours after the injury. Each 24-hour period
thereafter shall constitute a separate offense. If the person is
physically incapable of making the required report, it shall be
the duty of the person or persons involved in the [accident]
incident to designate an agent to file the report within the
specified time.
(b) Penalty.--
(1) A violation of this section involving a nonfatal
[accident] incident is a summary offense of the fifth degree.
(2) A violation of this section involving a fatal
[accident] incident is a summary offense of the fourth
degree.
§ 2522. Shooting at or causing injury to human beings.
(a) General rule.--It is unlawful for any person while
hunting or furtaking, through carelessness or negligence, to
shoot at, injure or kill any human being through the use of a
firearm, bow and arrow or other deadly weapon.
(b) Penalty.--The penalty to be imposed for any violation of
this section shall be determined pursuant to the following
classifications:
(1) To shoot at but not hit or injure or to shoot at and
cause bodily injury to a human being is a summary offense of
the first degree.
(2) To [injure] shoot at and cause serious bodily injury
to a human being is a misdemeanor of the [third] second
degree.
(3) To kill a human being is a misdemeanor of the
[second] first degree. Fines imposed against a violator of
this paragraph shall be distributed to the next of kin as an
asset of the estate of the deceased, other provisions of law
to the contrary notwithstanding.
(c) Denial of privileges.--In addition to the penalty
imposed pursuant to subsection (b), any person who shoots at,
injures or kills a human being shall be denied the privilege to
hunt or take game or wildlife anywhere in this Commonwealth,
with or without license, for the following periods:
(1) To shoot at but not hit or injure or to shoot at and
cause bodily injury to a human being, the denial shall be for
a period of two years.
(2) To [injure] shoot at and cause serious bodily injury
to a human being, the denial shall be for a period of not
less than [two] five years nor more than [five] ten years.
(3) To kill a human being, the denial shall be for a
period of [ten] fifteen years.
(d) Nonpayment of fine.--[A] In addition to any sentence
imposed pursuant to subsection (b), any person who fails to pay
the fine imposed by this section within 180 days shall undergo
imprisonment not in excess of one year or until the fine is paid
in full.
(e) Imprisonment for violation of sentence.--It is unlawful
for a person to hunt or take game or wildlife or attempt to hunt
or take game or wildlife, with or without license, contrary to a
sentence imposed under subsection (b). Upon conviction, the
person shall be sentenced to undergo imprisonment for a period
of not less than three months nor more than six months.
(f) Mandatory hunter education.--Any person whose privilege
to hunt or take game is suspended under subsection (c) shall,
prior to obtaining a license after the period of suspension,
present evidence of the successful completion of a hunter
education course as prescribed in section 2704(b) (relating to
eligibility for license) taken subsequent to each suspension of
the license.
(g) Mandatory vision examination.--Any person whose
privilege to hunt or take game is suspended under subsection (c)
shall present to the commission, prior to obtaining a license
after the period of suspension, evidence of having taken and the
results of a vision examination administered by a licensed
ophthalmologist or optometrist subsequent to the suspension of
the license. The commission, based on the results of the vision
examination, may deny a person a license or place on the license
a restriction requiring the person to wear corrective lenses
when the person hunts or takes game.
[(f)] (h) Civil remedies preserved.--Nothing in this section
shall bar the recovery of any damages in any civil action by any
aggrieved party.
§ 2523. Rendering assistance after [accidents] incidents.
(a) General rule.--It is unlawful for any person who has
inflicted injury or witnessed the infliction of injury to a
human being with any firearm or bow and arrow, while hunting or
furtaking, to flee or to fail or refuse to render immediate and
full assistance to the person injured.
(b) Penalties.--
(1) A violation of this section by the person inflicting
such injury where a human being is injured but not killed is
a misdemeanor of the second degree. In addition to the fine
imposed, the defendant forfeits the privilege to hunt or take
wildlife anywhere in this Commonwealth, with or without a
license, for a period of ten years.
(2) A violation of this section by the person inflicting
such injury where a human being is killed is a misdemeanor of
the first degree. In addition to the fine imposed, the
defendant forfeits the privilege to hunt or take wildlife
anywhere within this Commonwealth, with or without a license,
for a period of 15 years.
(3) A violation of this section by a person witnessing
such injury where a human being is injured but not killed is
a summary offense of the third degree.
(4) A violation of this section by a person witnessing
such injury where a human being is killed is a summary
offense of the first degree.
(5) A person convicted of a second or subsequent
violation of this section shall be sentenced to pay a fine of
twice the amount of the penalty imposed by this section and,
in addition thereto, forfeits the privilege to hunt or take
wildlife anywhere in this Commonwealth, with or without a
license, for an additional period of ten years.
§ 2706. Resident license and fee exemptions.
* * *
(b) Disabled veterans.--
(1) Any resident disabled veteran of any war or armed
conflict whose physical disability consists of the loss of
one or more limbs, or the loss of the use of one or more
limbs, or whose physical disability is considered total and
who meets all other qualifications of this title and is
otherwise mentally and physically fit, shall be issued a
regular hunting or furtaking license upon application to any
county treasurer, without the payment of the license cost, if
that person is domiciled in this Commonwealth.
(2) The application for the issuance of this license
shall, in addition to the other information required by the
director, contain a statement that the applicant is a war or
armed conflict veteran and that his physical disability was
service incurred.
(3) The applicant shall produce the applicant's
discharge papers and a [Veterans' Administration] Department
of Veterans Affairs disability certification to the effect
that the applicant suffers total physical disability.
(4) If a disabled veteran who qualifies for issuance of
a license under this subsection presents documentation to
show that the qualifying disability is permanent, the county
treasurer shall issue the disabled veteran a lifetime hunting
or furtaking license.
(5) In a county where there is no county treasurer by
virtue of a home rule charter or optional plan of government,
the county official who performs the functions of a county
treasurer and who has been designated an issuing agent by the
commission shall issue licenses under this subsection.
* * *
§ 2926. Taxidermy permits.
(a) Requirements.--Unless further provided by commission
regulation, any person now holding a taxidermy permit shall be
eligible for a renewal. The commission shall set up a system of
examinations to determine the fitness of all future applicants
for the permits, including the establishment of appropriate fees
covering the cost of such examination. Nothing contained in this
section shall preclude the requirements of any other State or
Federal law.
(b) Activities authorized.--Permits issued to persons
residing within this Commonwealth desiring to practice taxidermy
shall authorize the holder thereof to:
(1) Unless otherwise restricted, receive from any person
any bird or animal that has been legally or accidentally
killed, keep the specimen or any part thereof in possession
indefinitely and mount the specimen or any part thereof,
either himself or through any legitimate employee.
(2) Sell or dispose of any unclaimed specimen.
(3) Mount and sell any bird or animal which is lawfully
disposed of under authority of this title and the state or
nation where killed or taken.
(b.1) Specific areas.--
(1) A taxidermist may be licensed to obtain a permit for
one or more of the following areas:
(i) big and small game animals, excluding wild
turkey;
(ii) fish; and
(iii) game birds, including wild turkey.
(2) An individual, as part of the taxidermy examination,
must present five specimens from each group for which he is
seeking a permit.
(3) For purposes of this subsection only, the term "big
game" in section 102 (relating to definitions) shall not
include the wild turkey.
(c) Unlawful acts.--It is unlawful:
(1) For any taxidermist to mount any bird or animal, or
part thereof, protected by this title, which was not lawfully
killed or raised under authority of a propagating permit
until the owner thereof presents a permit obtained from the
commission and, in the case of migratory birds, the required
Federal permit.
(2) For any person to do taxidermy work for another
without a permit. Employees of a licensed taxidermist may
perform taxidermy work without a permit at the permittee's
shop under the supervision of the permittee who shall be
solely responsible for the quality of the work.
(3) To violate any other provision of this section.
(d) Penalty.--A violation of this section is a summary
offense of the [fourth] second degree.
Section 9. The amendment of 34 Pa.C.S. § 301(c) shall not
apply to a current member of the Pennsylvania Game Commission
until the member completes the term being served on the
effective date of this act.
Section 10. This act shall take effect as follows:
(1) The amendment of 34 Pa.C.S. § 2706(b) shall take
effect July 1, 1997.
(2) The remainder of this act shall take effect in 60
days.
APPROVED--The 19th day of December, A. D. 1996.
THOMAS J. RIDGE
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