Senate Game & Fish Committee

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Senate Game and Fisheries Committee
3/12/13, 12:00 p.m., Room 8 E-A East Wing
By Kati Lawson, PLS Intern

The committee met to consider bills.

SB 521 Alloway, Richard - (PN 486) Amending Title 34 (Game), in special licenses and permits, further providing for definitions, for exotic wildlife possession permits and for menagerie permits. “Exotic wildlife” is redefined to include all nonindigenous animals and the following, regardless of whether the animals are bred or reared in captivity or imported from another nation or state: all nonhuman primates, bears, coyotes, gray wolves, red wolves, bobcats, lions, tigers, leopards, snow leopards, clouded leopards, jaguars, cheetahs, cougars, and any cross breed of these animals. “Exotic wildlife dealer” is redefined to include a person who engages in at least five documented transactions annually involving exotic wildlife. Beginning January 1, 2014, the commission shall not issue any new permits for the possession of exotic wildlife and may only issue exotic wildlife dealer permits and menagerie permits as enumerated in the legislation. The bill also provides for penalties. - The bill was unanimously reported as amended.

A00310 by Alloway, would change the penalty for a second subsequent conviction in violation with the law would be changed to a misdemeanor of the first degree. The amendment was unanimously adopted.
Chairman Rich Alloway (R-Franklin), prime sponsor for the legislation, explained that the bill lists explicitly what kind of animal you cannot have. “Owning a bear, tiger, or lion doesn’t make any sense to me,” said Chairman Alloway.

Sen. Bob Robbins (R-Mercer) said that he had two deer parks in his district and asked if they would be impact by the legislation. Melissa Knepper, legislative director for Chairman Alloway, answered that there are exemptions in the bill for wildlife sanctuaries but that there are guidelines that must be met for permits to be issued by the Pennsylvania Game Commission. Carl Roe, executive director of the Pennsylvania Game Commission added that the bill does not change current operations of any permitted wildlife organization; rather the bill “tightens the law on individuals and would take the restriction off the pocket pet business.”

SB 547 Solobay, Timothy - (PN 511) Amends Title 34 (Game) to remove deer antler restrictions for hunters holding a senior hunting license. - The bill was reported as committed with Sen. Lisa Baker (R-Luzerne) in the negative.

Sen. Timothy Solobay (D-Washington) said that the intent of the bill was to exempt antler restrictions on senior hunters who are over the age of 65 and have a senior hunting license.

Sen. Baker said that she had heard from her constituents and from a Sportsman’s Advisory Board that the antler restrictions that currently exist are already successful and that she would vote against this bill. Sen. Solobay said that he appreciated Sen. Baker’s comments, but that his own constituents tell him that it may be their last year to hunt and that they will be happy to say they’ve “gotten a buck” even if it does not have antlers larger than spikes.

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 unanimously reported as committed.

Sen. Jake Corman (R-Centre), sponsor of the bill, explained that other states have successfully removed age requirements of their youth mentoring program in hunting and fishing and that this bill will help expand hunting and fishing to people of all ages through experience mentors.

Sen. Robbins said that more young Pennsylvanians are getting enthusiastic about hunting and fishing so this mentoring program could make a big difference in the state.

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 committed.

Sen. Joseph Scarnati (R-Jefferson), sponsor of the bill, said that the legislation is to clarify that wild boar and other species of swine that are kept in fenced enclosures in game or hunting reserves are not under the regulatory purview of the Pennsylvania Game Commission. Sen. Scarnati said that without the passage of this legislation, hunting preserves that stock wild boar would be shut down.

Sen. Baker asked if the commission had any jurisdiction over animals currently in captivity. Roe answered that the Pennsylvania Game Commission had no authority over animals that are kept “behind the fence,” but that because of a 2007 Supreme Court ruling, the commission is responsible for wild boars in the Commonwealth.

Minority Chair Richard Kasunic (D-Fayette) asked if the legislation would change regulations on shooting wild boars in the wild. Sen. Scarnati answered that the legislation only protects wild boars that are kept within fences.

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Senate Game and Fisheries Committee
4/17/13, 10:00 a.m., 8E-B East Wing
By Rachel Hursh, PLS

The committee met to consider bills.

SB 647 Alloway, Richard - (PN 640) Amends Title 34 (Game) adding that enforcement officers have the power and duty to enforce the provisions of section 2314 (relating to trespass on private property while hunting). This shall include the ability to issue citations for violations of section 2314. A person commits a misdemeanor of the first degree if he trespasses on private property after a verbal or written warning was given; or for the purpose of hunting or furtaking. - The bill was unanimously reported as committed.

Chairman Rich Alloway (R-Franklin) asked Carl Roe, Executive Director of the Pennsylvania Game Commission, to address the bill and clarify if the Game Commission supports the measure.

Roe stated Section 19 reinforces the authority that the commission already has. He shared that the commission's major concern is that the penalty in the legislation is a first degree misdemeanor, which could go to the District Attorney or trial.

Chairman Alloway asked what would be appropriate, and Roe suggested a summary offense or an ungraded misdemeanor, depending on the senator's intent. Chairman Alloway said he is going to move the bill because it is important to a lot of farmers and landowners but requested that Roe prepare suggestions for an amendment to the bill to address concerns.

SB 648 Alloway, Richard - (PN 641) Amends Title 34 (Game), in enforcement, further providing for liability for actions of others by adding that a landowner who allows or grants permission to another to take game or wildlife shall not be liable for any unlawful acts committed by that person so long as no fee, payment or gratuity is paid. - The bill was unanimously reported as amended.

Chairman Alloway asked Roe to comment on the legislation.

Roe explained that he believes what the bill does is already covered under the Recreational Use of Land and Water Act, and stated the commission's only concern is if the landowner is feeding or baiting it may not preclude the commission from prosecuting the landowner.

Chairman Alloway stated the Pennsylvania Farm Bureau supports the bill.

A00808 by Kasunic, was described as technical for the purpose of clarifying intent. The amendment was unanimously adopted.

SB 763 Kasunic, Richard - (PN 782) Amends Title 34 (Game) to remove the requirement that groups hunting big games maintain a roster that is allowed to be inspected by the Pennsylvania Game Commission. - The bill was unanimously reported as committed.

Minority Chairman Rich Kasunic (D-Fayette), the prime sponsor of the bill, explained that a lot of people that go to hunting camps no longer keep a roster and therefore are in violation of the law. He said the law is antiquated and needs removed from regulations.

Sen. Lisa Baker (R-Luzerne) asked if the bill in any way takes away from the Game Commission the ability to identify people who were at a specific camp, referencing concerns regarding chronic wasting disease.

Chairman Kasunic assured Sen. Baker that the bill has no bearing on chronic wasting disease and suggested that today's technology provides the ability to quickly identify camp and land ownership. Roe agreed and said the commission's investigatory responsibilities may increase marginally but that it is time for the regulation to go.

SB 764 Kasunic, Richard - (PN 783) Amends Title 34 (Game) to require the Pennsylvania Game Commission to publish and distribute sufficient quantities of regulations, hunting hours, season dates, and bag limits for migratory bird hunting as determined by the US Department of Interior. The legislation requires the information to be distributed at locations where Migratory Bird Hunting and Conservation Stamps may be purchased as well as at the public headquarters and regional offices of the Pennsylvania Game Commission. - The bill was unanimously reported as committed.

Chairman Kasunic, the prime sponsor of the bill, explained that in the past the Game Commission printed regulations regarding water fowl hunting. However, last year the regulations went online, and since then he has been contacted by a group of senior hunters who are not computer literate or do not have access to a computer to review the regulations, causing confusion.

Sen. Rob Robbins (R-Mercer) shared that in today's modern world he hopes the commission will publish as many paper copies of the regulations that may be necessary and not any more.

Roe stated that one of the reasons the regulations went online last year was a lack of demand for paper copies and the cost associated with printing more than 120,000 and sending to all of the post offices in the state. He said that at present the commission will print and mail a copy of the regulations if contacted, and said that if the bill becomes law the commission will figure out how to address publication.

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 discussed and held.

Roe explained that the bill provides a designated safety zone for submerged traps and the Game Commission supports the bill.

Joel Rotz, State Governmental Relations Director for the Pennsylvania Farm Bureau, addressed the committee regarding the lack of benefit to landowners concerns that shortened safety zone standards may cause landowners to mistake trappers for trespassers. He stated that at present the Farm Bureau opposes the legislation.

Sen. Robbins asked why the legislation was bought up if there are concerns. Chairman Alloway said that the bill is important to Rep. Reed and he told him he would bring the bill up for a vote in committee. Sen. Robbins requested that the committee postpone the bill.

Chairman Kasunic stated that the bill moved through the House with relative ease and asked Rotz if the Farm Bureau opposed the bill then. Rotz said the Bureau did not weigh in on the discussion in the House and was not certain if there would be a push for it in the Senate. He said that now that the bill is moving the Bureau is expressing its concerns.
Sen. Baker cited a letter she recently received from the trappers in support of the bill but in addition to some questions on the language. She suggested that perhaps it would be best to go over the bill until those questions are answered.

Greg Raffensperger, Executive Director of the House Game and Fisheries Committee, explained that the bill is about more than farmland and also is intended to address multiple tracks of land that have multiple owners. He shared scenarios where a landowner gives permission to trap within the safety zone, but that same safety zone is within the safety zone of another property, creating challenges.