PRINTER'S NO. 2667
No. 2028 Session of 2001
INTRODUCED BY STABACK, BELFANTI, BENNINGHOFF, CAPPELLI,
CORRIGAN, COY, CREIGHTON, DALEY, D. EVANS, GODSHALL, HALUSKA,
HANNA, HERSHEY, HESS, JAMES, LESCOVITZ, LEVDANSKY, PISTELLA,
READSHAW, ROBERTS, SHANER, SOLOBAY, STERN, SURRA, TIGUE, WILT
AND WOGAN, OCTOBER 16, 2001
REFERRED TO COMMITTEE ON GAME AND FISHERIES, OCTOBER 16, 2001
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for unlawful devices and methods.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 2308 of Title 34 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 2308. Unlawful devices and methods.
8 (a) General rule.--Except as otherwise provided in this
9 title, it is unlawful for any person to hunt or aid, abet,
10 assist or conspire to hunt any game or wildlife through the use
11 of:
12 (1) An automatic firearm or similar device.
13 (2) A semiautomatic rifle or pistol.
14 (3) (Reserved).
15 (4) A semiautomatic shotgun or magazine shotgun for
16 hunting or taking small game, furbearers, turkey or
1 unprotected birds unless the shotgun is plugged to a two-
2 shell capacity in the magazine.
3 (5) Any device operated by air, chemical or gas cylinder
4 by which a projectile of any size or kind can be discharged
5 or propelled.
6 (6) Any recorded call or sound or recorded or
7 electronically amplified imitation of a call or sound of any
8 description or any other call or sound or imitation of calls
9 or sounds which are prohibited by regulations of the
10 commission. The commission shall be authorized, by
11 resolution, to adopt rules and regulations authorizing the
12 limited use of recorded calls or sounds or recorded or
13 electronically amplified imitation of calls or sounds when
14 such use is necessary in the commission's judgment to protect
15 the public health and safety or to preserve that species or
16 any other endangered by it.
17 (7) A vehicle or conveyance of any kind or its
18 attachment propelled by other than manpower. Nothing in this
19 subsection shall pertain to any motorboat or sailboat if the
20 motor has been completely shut off or sail furled, and the
21 progress thereof has ceased.
22 (8) Any artificial or natural bait, hay, grain, fruit,
23 nut, salt, chemical, mineral or other food as an enticement
24 for game or wildlife, regardless of kind and quantity, or
25 take advantage of any such area or food or bait prior to 30
26 days after the removal of such material and its residue.
27 Nothing contained in this subsection shall pertain to normal
28 or accepted farming, habitat management practices, oil and
29 gas drilling, mining, forest management activities or other
30 legitimate commercial or industrial practices. Upon discovery
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1 of such baited areas, whether prosecution is contemplated or
2 not, the commission may cause a reasonable area surrounding
3 the enticement to be posted against hunting or taking game or
4 wildlife. The posters shall remain for 30 days after complete
5 removal of the bait.
6 (9) Any setgun, net, bird lime, deer lick, pit or pit
7 fall, turkey blind except as permitted under subsection
8 (b)(3) or turkey pen or any explosive, poison or chemical of
9 any kind.
10 (9.1) Any device which permits the release of two or
11 more arrows simultaneously on a single full draw of a bow.
12 (10) Any other device or method of any kind prohibited
13 by this title or regulations promulgated under this title.
14 (b) Exceptions.--The provisions of subsection (a) shall not
15 apply to:
16 (1) Any archery sight or firearm's scope which contains
17 and uses any mechanical, photoelectric, ultraviolet or solar-
18 powered device to solely illuminate the sight or crosshairs
19 within the scope. No archery sight or firearm's scope shall
20 contain or use any device, no matter how powered, to project
21 or transmit any light beam, infrared beam, ultraviolet light
22 beam, radio beam, thermal beam, ultrasonic beam, particle
23 beam or other beam outside the sight or scope onto the
24 target.
25 (2) Any political subdivision, its employees or agents,
26 which has a valid deer control permit issued under section
27 2902(c) (relating to general categories of permits).
28 (3) Any artificial or manufactured turkey blind
29 consisting of all manmade materials of sufficient density to
30 block the detection of movement within the blind from an
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1 observer located outside of the blind.
2 (4) Any portable radio or cellular telephone which may
3 be used for communication when engaged in lawful hunting
4 practices.
5 (c) Penalties.--
6 (1) A violation of subsection (a)(1), (2), (4) or (5) is
7 a summary offense of the fifth degree.
8 (2) A violation of subsection (a)(7) is a summary
9 offense of the third degree.
10 (3) A violation of any other provision of this section
11 is a summary offense of the fourth degree.
12 Section 2. This act shall take effect in 60 days.
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