SB 1087 — An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in Pennsylvania Game Commission, further providing for organization of commission; in game or wildlife protection, further providing for report to commission officer and for surrender of carcass to commission officer; in hunting and furtaking, further providing for the offense of trespass on private property while hunting; and, in special licenses and permits, providing for agriculture access permit list.

PRIOR PRINTER'S NO.

1379 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

10871438 2024THE INTRODUCEDGENERAL BYASSEMBLY ROTHMAN,OF VOGEL,PENNSYLVANIA DUSHSENATE ANDBILL CULVER,Session FEBRUARY 21, 2024 REFERRED TO GAME AND FISHERIES, FEBRUARY 21, 2024 AN ACT Amending Title 34 (Game) of theNo. Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for the offense of trespass on private property while hunting.

1087 2024 INTRODUCED BY ROTHMAN, VOGEL, DUSH AND CULVER, FEBRUARY 21, 2024 SENATOR ROTHMAN, GAMES AND FISHERIES, AS AMENDED, MARCH 20, 2024 AN ACT Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, IN PENNSYLVANIA GAME COMMISSION, FURTHER PROVIDING <-- FOR ORGANIZATION OF COMMISSION;

IN GAME OR WILDLIFE PROTECTION, FURTHER PROVIDING FOR REPORT TO COMMISSION OFFICER AND FOR SURRENDER OF CARCASS TO COMMISSION OFFICER;

of trespass on private property while hunting;

AND, INfense SPECIAL LICENSES AND PERMITS, PROVIDING FOR AGRICULTURE <-- ACCESS PERMIT LIST.

Section 2314(a), (b) and (c) of Title 34 of the <-- Pennsylvania Consolidated Statutes are amended to read:

SECTION 1.

SECTION 301(A) AND (B) INTRODUCTORY PARAGRAPH OF <-- TITLE 34 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 301.

ORGANIZATION OF COMMISSION.

(A) COMPOSITION.--THE INDEPENDENT ADMINISTRATIVE COMMISSION KNOWN AS THE PENNSYLVANIA GAME COMMISSION SHALL CONSIST OF [NINE] 10 COMPETENT CITIZENS OF THIS COMMONWEALTH WHO SHALL BE WELL INFORMED ON THE SUBJECT OF WILDLIFE CONSERVATION AND RESTORATION AND WHO SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE ELECTED MEMBERS OF THE SENATE.

(B) QUALIFICATIONS.--[THE] ONE MEMBER OF THE COMMISSION SHALL BE KNOWN AS THE AGRICULTURAL COMMISSIONER AT LARGE.

THE AGRICULTURAL COMMISSIONER AT LARGE SHALL REPRESENT THE INTEREST OF AGRICULTURAL COMMODITIES THAT PERTAIN TO NORMAL AGRICULTURAL OPERATIONS AND WILDLIFE.

THE REMAINING MEMBERS OF THE COMMISSION SHALL BE APPOINTED FROM THE VARIOUS GEOGRAPHICAL SECTIONS OF THIS COMMONWEALTH SO THAT ONE AND ONLY ONE SHALL BE A RESIDENT OF EACH OF THE FOLLOWING DISTRICTS:

* * * (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AGRICULTURAL COMMISSIONER AT LARGE." AN INDIVIDUAL WHO RAISES AN AGRICULTURAL COMMODITY AND WHO OWNS OR LEASES A NORMAL AGRICULTURAL OPERATION.

"AGRICULTURAL COMMODITY." AS DEFINED IN SECTION 2 OF THE ACT OF JUNE 10, 1982 (P.L.454, NO.133), ENTITLED "AN ACT PROTECTING AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND ORDINANCES UNDER CERTAIN CIRCUMSTANCES." "NORMAL AGRICULTURAL OPERATION." AS DEFINED IN SECTION 2 OF THE ACT OF JUNE 10, 1982 (P.L.454, NO.133), ENTITLED "AN ACT PROTECTING AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND ORDINANCES UNDER CERTAIN CIRCUMSTANCES." SECTION 2.

SECTIONS 2122, 2125 AND 2314(A), (B) AND (C) OF TITLE 34 ARE AMENDED TO READ:

§ 2122.

REPORT TO COMMISSION OFFICER.

ANY PERSON WHO KILLS ANY GAME OR WILDLIFE, OTHER THAN RACCOONS, UNDER THE PROVISIONS OF THIS SUBCHAPTER SHALL, WITHIN 20240SB1087PN1438 - 2 - 24 HOURS, REPORT, ORALLY OR IN WRITING, THE KILLING TO AN OFFICER OF THE COMMISSION.

THE REPORT SHALL SET FORTH THE DATE, TIME AND PLACE OF THE KILLING, THE NUMBER OF SPECIES KILLED [AND], THE SEX OF THE SPECIES[.] AND THE LOCATION OF EACH CARCASS.

THE COMMISSION SHALL ESTABLISH A SELF-REPORTING SYSTEM THAT ALLOWS A PERSON ASSIGNED TO REMOVE DEER FOR CROP DAMAGE PURPOSES TO REPORT EACH HARVEST TO AN OFFICER OF THE COMMISSION VIA A TOLL-FREE TELEPHONE NUMBER, ONLINE APPLICATION OR PUBLICLY ACCESSIBLE INTERNET WEBSITE.

§ 2125.

SURRENDER OF CARCASS [TO COMMISSION OFFICER].

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBCHAPTER, THE ENTIRE CARCASS, INCLUDING THE HEAD AND HIDE[,] OF ALL BIG GAME ANIMALS AND THE ENTIRE CARCASS OF ANY OTHER GAME OR WILDLIFE, OTHER THAN RACCOONS, LESS ENTRAILS, SHALL BE MADE AVAILABLE, UNLESS OTHERWISE DIRECTED BY AN OFFICER OF THE COMMISSION, INTACT[, LESS ENTRAILS,] TO ANY COMMISSION OFFICER CALLING FOR THEM[.] OR DELIVERED TO A PROCESSOR FOR FINAL DISPOSITION.

AS USED IN THIS SECTION, THE TERM "PROCESSOR" MEANS A LOCATION SPECIFIED BY THE COMMISSION THAT IS WILLING TO ACCEPT DONATIONS OF ANIMALS TAKEN UNDER THIS CHAPTER.

(a) General rule.--A person, while engaged in hunting or furtaking, commits an offense if, knowing that the person is not licensed or privileged to do so, the person or a dog used by the <-- person for hunting or furtaking:

20240SB1087PN1438 - 3 - (2) enters or remains on any land of another without authorization and defies an order not to enter or to leave that has been personally communicated to the person by the owner of the land or other authorized person[.];

(b) Applicability.--[This section shall not apply to an <-- unarmed person who enters onto posted property for the sole purpose of retrieving a hunting dog.] Subsection (a)(4) shall <-- not apply in a county of the first class or a county of the second class.

(1) A person who violates subsection (a)(1), (3) or (4) commits a summary offense of the [third degree.] second degree and may SHALL result in forfeiture of the privilege to <-- 20240SB1087PN1438 - 4 - hunt or take game or wildlife anywhere within this Commonwealth for a period of up to one year.

20240SB1087PN1379 - 2 - (2) A person who violates subsection (a)(2) commits a misdemeanor[.] and shall result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of three years.

* * * SectionSECTION 2.3.

TITLE 34 IS AMENDED BY ADDING A SECTION TO READ:

<-- § 2931.

AGRICULTURE ACCESS PERMIT LIST.

(A) PERMIT LIST.--THE COMMISSION SHALL CREATE THE AGRICULTURE ACCESS PERMIT LIST TO CONNECT LICENSED HUNTERS WITH PRIVATE AGRICULTURAL LANDOWNERS FOR THE PURPOSE OF CROP DAMAGE MEDIATION.

(B) APPLICATIONS.--AN INDIVIDUAL MAY SUBMIT AN APPLICATION FOR PLACEMENT ON THE LIST AND A PERMIT UNDER THIS SECTION IN A FORM AND MANNER DETERMINED BY THE COMMISSION.