House Game & Fisheries Committee

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House Game and Fisheries Committee
2/11/13
By Matt Hess, PLS

The committee met to consider three bills.

HB 410 Baker, Matt - (PN 420) Joint Resolution proposing an amendment to the Pennsylvania Constitution providing that the right of the people to hunt, fish and harvest game shall be forever preserved, subject to restrictions relating to species, seasons, limits, methods, locations and licensure, including suspension and revocation, as prescribed by the laws of this Commonwealth. - The bill was unanimously reported as committed.

Rep. Matt Baker (R-Tioga), prime sponsor of the bill, indicated that the legislation has been worked on for several sessions and noted that it is supported by the Game Commission and all of the sportsmen’s organizations.

HB 353 Reed, Dave - (PN 366) Amends Title 34 (Game), in hunting and furtaking, further providing for penalties by adding that any violation of section 2361(a)(11) (relating to unlawful acts concerning taking of furbearers) is a summary offense of the first degree. “Safety zone” is further defined to be, when applied to properly licensed furtakers trapping within a permanent watercourse and using traps submerged in water, or making use of any special permit issued in accordance with this title or commission regulations, the area within 50 yards around 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 any attached or detached playground of any school, nursery school or daycare center. - The bill was unanimously reported as committed.

Minority Chairman Gary Haluska (D-Cambria) said the Pennsylvania Trappers Association and the Game and Fish Commission recommended the increase in fines and supports the bill.

HB 126 Maloney, David - (PN 125) Amends Title 34 (Game) to require, at the request of the Pennsylvania Game Commission, a public school to offer a hunter education class for license certification at a facility under its control. The class may be held during or after school hours. No costs shall be incurred by the commission or charged by the facility. The certification must comply with standards adopted by the commission’s director. - The bill was unanimously reported as amended.

A00127 by Maloney, requires the Game Commission to compensate the school for the actual cost incurred by the school related to Commission’s use of the facility; and requires the Commission to work with the school to schedule a timeframe for the class that suits all parties involved. The amendment was unanimously adopted.

Rep. David Maloney (R-Berks) urged an affirmative vote on the amendment and the bill. “We never really did want this in any way, shape or form to make this look like a mandate; that was never the intent of the bill,” he stated.

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House Game and Fisheries Committee
3/13/13, 9:00 a.m., Room 205 Ryan Office Building
By Mike Howells, PLS

The committee met to consider bills.

HB 451 Pyle, Jeff - (PN 460) Amends Title 34 (Game) allowing the use of a leashed blood-tracking dog to track a white-tailed deer in an attempt to recover an animal which has been legally killed or wounded. - The bill was unanimously reported as committed.

Rep. David Maloney (R-Berks) stated his support and offered an example in his district of a trophy that was not found for five days.

HB 577 Haluska, Gary - (PN 639) Amends Title 34 (Game) authorizing the raffle of elk hunting licenses. The bill provides for the manner of the raffle. - The bill was unanimously reported as committed.

Rep. Dan Moul (R-Adams) asked whether the tags are transferable. Minority Chairman Gary Haluska (D-Cambria) said they are not.

Rep. Maloney said he wants to be cautious about setting precedents relative to guarantees for discrete groups of people. Chairman Haluska said what is trying to be accomplished is a “payback” for people living in the elk region of the state. He said he thinks it is a good business deal to afford such people the guarantee that someone there will get one each year.

Chairman Marty Causer (R-McKean) said he understands Rep. Maloney’s concern but feels it is a reasonable bill.

HB 723 Baker, Matt - (PN 812) Amends Title 34 (Game) by amending the definition of wild animals providing that the definition shall not include any species or variation of pig, swine or boar held in captivity.. - The bill was unanimously reported as committed.

Rep. Matt Baker (R-Tioga) said he understands all parties are in agreement on the legislation and urged its passage.

Chairman Haluska questioned whether the swine would be neutered if brought into the farms, noting difficulty in southern states with wild boars. Rep. Baker said it would be an issue of what costs would be created. He said he doesn’t think the stakeholders would support it but would have to check. Chairman Haluska emphasized feral hogs can be devastating to local environments.

Rep. Mark Keller (R-Perry) noted hogs are already required to be castrated before they enter the state. He acknowledged the minority chairman’s issue would apply still to pigs born in the state.

HR 129 Causer, Martin - (PN 956) Resolution directing the Legislative Budget and Finance Committee to investigate the financial feasibility, impact, costs and savings potential of eliminating duplicated duties and services by combining the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission to create a new independent agency responsible for managing the fish and wildlife resources of this Commonwealth. - The resolution was unanimously reported as committed.

Rep. Greg Lucas asked how much the study would cost. Chairman Causer said it would be conducted by current staff with funds already appropriated.

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House Game and Fisheries Committee
4/9/13, 12:00 p.m., Room G-50, Irvis Office Building
By Jason Gottesman, PLS

The committee met to consider SB 644 Scarnati, Joseph - (PN 618) Amends Title 34 (Game) to amend the definition of “wild
animal” to exclude a species or variation of swine, pig, or boar held in captivity. - The bill was reported as committed with
all Republicans and Rep. Deberah Kula (D-Fayette) voting for the bill.

A00567 by Haluska, was described as requiring the neutering of male wild boars raised in Pennsylvania and used for hunting on game preserves.

The amendment failed by a 13-10 vote with all Republicans in opposition except Representatives Hal English (R-Allegheny) and Greg Lucas (R-Crawford).

Minority Chairman Gary Haluska (D-Cambria) spoke on the amendment and the possible negative consequences of having wild boars escape game preserves and propagate.

Chairman Martin Causer (R-McKean) said there are a number of problems with the amendment and argued it is likely better handled in an agriculture bill. He also called the neutering requirement redundant.

Rep. Mark Keller (R-Perry) agreed with Chairman Causer that the amendment is redundant in that the department already requires castration of the boars.

Chairman Haluska said the provision being referred to is an Executive Order, which he opined could be changed at any time. He argued if it is put into legislation, it would be a permanent rule.

Rep. Keller argued it is not an executive order, but a quarantine order that is enforceable by law. Chairman Haluska asked if the boars would
then be ear-tagged. Rep. Keller said violations of the law would be subject to criminal and civil penalties.

Chairman Haluska noted the permanence of the legislation if enacted. Chairman Causer noted the quarantine order can be enforced with the
power of law and is part of the Department of Agriculture’s regulations.

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House Game and Fisheries Committee
4/16/13, 9:00 a.m., 205 Ryan Office Building
By Kimberly Hess, PLS

The committee met to consider bills.

HB 798 Heffley, Doyle - (PN 909) Amends Title 30 (Fish) to remove term limits on Pennsylvania Fish and Boat Commission Commissioners and to change the term of office to four years. - The bill was reported as amended with Rep. Deberah Kula (D-Fayette) and Rep. Gerald Mullery (D-Luzerne) voting in the negative.

A00629 by Causer, grandfathers in current members, allowing them to serve out their entire term and allowing them to be re-nominated without having to sit out one term. The amendment was unanimously adopted.

HB 828 Causer, Martin - (PN 971) Amends Title 34 (Game) further providing for organization of commission by allowing new terms of four years in length with the opportunity for additional terms through reappointment by the Governor and approval of the Senate. - The bill was reported as amended with Rep. Kula and Rep. Mullery voting in the negative.

A00609 by Causer, grandfathers in current members, allowing them to serve out their entire term and allowing them to be re-nominated without having to sit out one term. The amendment was adopted with Rep. Mullery voting in the negative.

HB 891 Peifer, Michael - (PN 1032) Amends Title 34 (Game) to allow the checking of traps remotely by electronic means by a properly permitted nuisance wildfire control operator. - The bill was unanimously reported as committed.

Rep. Mike Peifer (R-Pike) explained he introduced the bill at the request of a constituent, who is a licensed nuisance wildlife control operator and is investigating the feasibility of implementing an electronic system which will alert him when a trap is sprung. Rep. Peifer argued such a monitoring system would save time and money for licensed trappers, adding that his consistent has tested the system and it appears to work effectively. He noted the Game Commission is not opposed to the bill because it is limited in scope.

Minority Chairman Gary Haluska (D-Cambria) asked if an operator would be required to check the traps every day should the electronic system go down. He remarked it could be "a public relations nightmare" if an animal is left in a trap for an extended period. Rep. Peifer replied the bill does not include any such specification, but indicated his belief that operators would do so. He confirmed the bill does not provide for regulations to be promulgated.

Rep. David Maloney (R-Berks) offered his full support for the bill, but noted he is a licensed nuisance wildlife control operator and asked if he needs to recuse himself from the vote. Chairman Martin Causer (R-McKean) opined he does not.

SB 623 Corman, Jake - (PN 599) Amends Title 34 (Game) to authorize the Pennsylvania Game Commission to establish an adult mentored hunting program. - The bill was reported as amended with Rep. Mullery and Rep. Tim Mahoney (D-Fayette) voting in the negative.

A00953 by Hahn, provides that a person 17 years of age or older may be a mentored hunter in no more than three licensing seasons. The amendment was adopted with a technical correction to "licensing seasons" instead of "hunting seasons" with Rep. Mullery and Rep. Mahoney voting in the negative.

Rep. Marcia Hahn (R-Northampton) said she offered the amendment because she does not want to see the mentoring program abused by adults.

Chairman Haluska asked if the Game Commission is required to promulgate regulations, which was confirmed by Steve Smith, of the commission.

Rep. Joe Emrick (R-Northampton) asked if the bill allows mentored adults to go on mentored hunting trips as many times as they want. Smith replied yes, noting that the commission will adopt regulations creating mentored adult program in specified seasons.

Rep. Mahoney asked when a mentored hunter would be required to take a hunting safety course. Smith explained the commission's goal is to create licensed hunters by exposing non-hunters to hunting for a set period of time. He said they would have to take hunter safety course if they decide to be licensed hunters.

Chairman Haluska reminded the members that the mentored hunter would always be accompanied by a licensed hunter.

Rep. Mahoney expressed concern that the licensed hunter may be only 17 years old. Chairman Haluska indicated that could be addressed in the commission's regulations.

Rep. Maloney noted an adult hunter is defined as one aged 17 or older and pointed out if a person is not exposed to hunting early on, the chance is small that the individual will ever become a hunter. He opined the bill is a good measure to allow an adult who may not have been ever exposed to get a few chances to learn about hunting.

Chairman Causer noted he had similar concerns, but they were allayed after he spoke with the commission. He said the commission will promulgate regulations that will limit and define the program.

Chairman Haluska asked how old a mentor must be under the current youth mentor program. Smith could not recall offhand, but a number of individuals in the room concurred the mentor must be at least 21.

Rob Sexton, of the US Sportsmen's Alliance, offered his support for the bill. He noted Pennsylvania was the first state to implement a mentor program and 34 other states have followed suit. He noted that since Pennsylvania implemented the program in 2006, one million mentored licenses have been sold nationwide; the incident rate involving firearms is lower in mentored programs; and research indicates 50 percent of mentors purchase a license in the second year and more than 75 percent purchase a license by year three.

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House Game and Fisheries Committee
6/5/13, 10:00 a.m., Room G-50 Irvis Office Building
By Mike Howells, PLS

The committee met to consider SB 644 Scarnati, Joseph - (PN 618) Amends Title 34 (Game) to amend the definition of
“wild animal” to exclude a species or variation of swine, pig, or boar held in captivity. - The bill was unanimously reported
as amended.

A01885 by Causer, places regulation under the purview of the Department of Agriculture. Creates a new subchapter under
which the department is required to promulgate regulations within two years. Includes requirements for official identification
and vet inspection within 30 days of release. Importation of any swine exposed to disease is prohibited without permit. Male
swine must be sterilized before release. Also requires in statue that immediately upon enactment it is illegal to release males into the wild. The amendment was unanimously adopted.