Pennsylvania Act 2008-65 — GAME AND WILDLIFE CODE (34 PA.C.S.) - BUYING AND SELLING GAME AND SAFETY ZONES

Act text

GAME AND WILDLIFE CODE (34 PA.C.S.) - BUYING AND SELLING GAME AND SAFETY
                                  ZONES
                  Act of Jul. 9, 2008, P.L. 920, No. 65               Cl. 34
                             Session of 2008
                               No. 2008-65

     HB 69

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, defining "mounted specimen"; and further providing
        for buying and selling game and for safety zones.

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

        Section 1.  Section 102 of Title 34 of the Pennsylvania
     Consolidated Statutes is amended by adding a definition 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:
        * * *
        "Mounted specimen."  Any game or wildlife, or any portion or
     part thereof, prepared, preserved, arranged, set up or posed in
     a lifelike position or some other form of display.
        * * *
        Section 2.  Sections 2312(c)(1) and 2505(c)(2) of Title 34
     are amended to read:
      § 2312.  Buying and selling game.
        * * *
        (c)  Exception.--
            [(1)  Nothing in this section shall be construed to
        prevent the purchase or sale of game raised under authority
        of a propagating permit in this Commonwealth or the capture
        and sale of game or wildlife after securing a permit from the
        director and payment of any fees established by the
        commission or the purchase or sale of the tanned, cured or
        mounted heads or skins, or parts thereof, of any game or
        wildlife not killed in a wild state in this Commonwealth, or
        the sale or purchase of any inedible part thereof, from game
        or wildlife lawfully killed, if such parts are disposed of by
        the original owner within 90 days after the close of the
        season in which the game or wildlife was taken. Prior to
        selling parts of game or wildlife under the provisions of
        this subsection, all edible parts shall be removed.]
            (1)  Nothing in this section shall be construed to
        prevent:
                (i)  The purchase or sale of game raised under the
            authority of a propagating permit in this Commonwealth.
                (ii)  The capture and sale of game or wildlife after
            securing a permit from the director and payment of any
            fees established by the commission.
                (iii)  The sale of the tanned, cured or mounted heads
            or skins, or parts thereof, of any game or wildlife not
            killed in a wild state in this Commonwealth.
                (iv)  The sale or purchase of any inedible part
            thereof, from game or wildlife lawfully killed, if such
            parts are disposed of by the original owner within 90
            days after the close of the season in which the game or
            wildlife was taken.
                (v)  The sale of mounted specimens by any auctioneer
            licensed by the Commonwealth. The commission shall
            require no permit for such action. Any licensed
            auctioneer who sells ten or more mounted specimens during
            any one sale at a registered auction house must report
            those sales to the commission within 15 days of the
            completion of the sale.
            * * *
      § 2505.  Safety zones.
        * * *
        (c)  Definition.--As used in this section, the term "safety
     zone" means:
            * * *
            (2)  When applied to properly licensed persons hunting
        with bow and arrow or crossbow and persons properly licensed
        for falconry, the area within 50 yards around and that area
        which is below the highest point of any occupied dwelling
        house, residence or other building or camp occupied by human
        beings or any barn, stable or other building used in
        connection therewith and the area within 150 yards around and
        that area which is below the highest point of any attached or
        detached playground of any school, nursery school or day-care
        center.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 9th day of July, A. D. 2008.

     EDWARD G. RENDELL