PRINTER'S NO. 3784
No. 2711 Session of 1990
INTRODUCED BY LEH, BARLEY, VROON, TRELLO, JOHNSON AND PICCOLA,
JUNE 20, 1990
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 20, 1990
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for the destruction of game
3 animals for agricultural damages.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2121 of Title 34 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2121. Killing game or wildlife to protect property.
9 (a) General rule.--Subject to any limitations in this
10 subchapter, nothing in this title shall be construed to prohibit
11 any person from killing any game or wildlife:
12 (1) which the person may witness actually engaged in the
13 material destruction of cultivated crops, fruit trees,
14 vegetables, livestock, poultry or beehives;
15 (2) anywhere on the property under the person's control,
16 including detached lands being cultivated for the same or
17 similar purposes, immediately following such destruction; or
18 (3) where the presence of the game or wildlife on any
1 cultivated lands or fruit orchards is just cause for
2 reasonable apprehension of additional imminent destruction.
3 Lands divided by a public highway shall not be construed as
4 detached lands. Any person who wounds any game or wildlife shall
5 immediately make a reasonable effort to find and kill the game
6 or wildlife. Every person shall comply with all other
7 regulations in this subchapter pertaining to the method and
8 manner of killing, reporting the killing and the disposition of
9 game or wildlife and their skins and carcasses.
10 (b) Protected game or wildlife.--Before any game or
11 wildlife, which may be designated by regulation of the
12 commission, or any bird or animal classified as threatened or
13 endangered may be killed, every reasonable effort shall be made
14 to live trap and transfer such game or wildlife. The trapping
15 and transfer shall be done in cooperation with a representative
16 of the commission.
17 (c) Definition.--As used in this subchapter, the word
18 "person" shall be limited to [any]:
19 (1) Any person cultivating, as a primary means of
20 gaining a livelihood, any lands for general or specialized
21 crop purposes, truck farming or fruit orchard or nursery
22 being regularly maintained, as either the owner, lessee or a
23 member of the family of the owner or lessee assisting with
24 the cultivation of the land, or a domiciled member of the
25 household of the owner or lessee or an employee of the owner
26 or lessee, regularly and continuously assisting in the
27 cultivation of the land.
28 (2) Any person cultivating crops, fruit trees or
29 vegetables on ten or more acres of land without regard to
30 whether or not any livelihood is gained from such
19900H2711B3784 - 2 -
1 cultivation.
2 Section 2. This act shall take effect in 60 days.
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