Title 34 Pa.C.S.A. Game. Chapter 29. Special Licenses and Permits. Subchapter D. Permits Relating to Wildlife
§ 2961. Definitions
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Educational purposes.” Displays by or for public or private schools, sportsmen's organizations, youth organizations, civic associations, conservation camps and school or any other organization deemed appropriate by the commission.
“Exotic wildlife.” The phrase includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.
“Exotic wildlife dealer.” Any person who imports into this Commonwealth, possesses, buys, sells, locates or finds for a fee, barters, donates, gives away or otherwise disposes of more than one bird or one animal classified as exotic wildlife by this subchapter.
“Menagerie.” Any place where one or more wild birds or wild animals, or one or more birds or animals which have similar characteristics and appearance to birds or animals wild by nature, are kept in captivity for the evident purpose of exhibition with or without charge.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.
§ 2962. Exotic wildlife dealer permits
(a) Authorization.--The commission may issue a permit to a person to act as an exotic wildlife dealer. The permit shall authorize the holder to import into this Commonwealth, possess, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of exotic wildlife. A dealer or third person who arranges any trades, sales or purchases set forth in section 2965 (relating to exclusions) for any type of a fee, reimbursement or commission shall be required to have an exotic wildlife dealer's permit.
(b) Shelter, care and protection.--No permit shall be granted by the commission until it is satisfied that the provisions for housing and caring for the exotic wildlife and protection for the public are proper and adequate and in accordance with the standards which may be established by regulations adopted by the commission.
(c) Unlawful acts.--It is unlawful for any person to:
(1) Import into this Commonwealth, possess, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of more than one bird or one animal classified as exotic wildlife in any calendar year without first securing a permit issued under this section.
(2) Release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to permits or regulations adopted thereunder is a summary offense of the first degree.
(2) Any other violation of this section is a summary offense of the sixth degree.
(3) Each day of violation shall constitute a separate offense, but, under no circumstances, shall the accumulated penalty for purposes of a field receipt exceed $500. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director.--In addition to the penalties provided, the director may, for any violation of this section or the rules and regulations thereunder, revoke or suspend any permit and order the disposal of any exotic wildlife held.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, April 20, P.L. 353, No. 55, § 1, effective in 60 days.
§ 2963. Exotic wildlife possession permits
(a) Authorization.--The commission may issue permits to persons to possess exotic wildlife which shall authorize the holder to purchase, receive or possess exotic wildlife from any lawful source from within or without this Commonwealth.
(b) Shelter, care and protection.--No permit provided for in this section shall be granted until the commission is satisfied that the provisions for housing and caring for such exotic wildlife and for protecting the public are proper and adequate and in accordance with the standards established by the commission.
(c) Unlawful acts.--It is unlawful for any person to:
(1) Possess, purchase or receive exotic wildlife, without first securing a permit to possess exotic wildlife issued under this section or regulations pertaining to this section.
(2) Release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to permits is a summary offense of the third degree.
(2) Any other violation of this section is a summary offense of the fifth degree.
(3) Each day of violation shall constitute a separate offense, but under no circumstances shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director.--In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any exotic wildlife held.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, April 20, P.L. 353, No. 55, § 1, effective in 60 days.
§ 2964. Menagerie permits
(a) Authorization.--The commission may issue permits for the establishment and operation of menageries.
(b) Shelter, care and protection.--Prior to the issuance of any permits, the commission shall adopt regulations for the housing, care, treatment, feeding, sanitation, purchase and disposal of wild birds and wild animals kept in menageries and for the protection of the public from such birds or animals. The commission after issuing the permit shall enforce such regulations.
(c) Unlawful acts.--It is unlawful to:
(1) Keep any wild bird or wild animal in captivity for public exhibition, or to have any wild bird or wild animal in custody or control for such purpose, without first securing a permit issued by the commission.
(2) Violate any of the provisions of this section or to release any bird or animal into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to permits or regulations adopted thereunder is a summary offense of the second degree.
(2) Any other violation of this section is a summary offense of the seventh degree.
(3) Each day of violation shall constitute a separate offense, but, under no circumstances, shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director.--In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any wildlife held in the menagerie.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1988, April 20, P.L. 353, No. 55, § 1, effective in 60 days.
§ 2965. Exclusions
(a) General rule.--The provisions of sections 2930 (relating to propagating permits), 2962(a) (relating to exotic wildlife dealer permits), 2963(a) (relating to exotic wildlife possession permits) and 2964(a) (relating to menagerie permits) shall not apply to any:
(1) Public zoological garden which receives government grants or appropriations.
(2) Private zoological park or garden which is open to the public and is accredited by the American Association of Zoological Parks and Aquariums.
(3) Nationally recognized circus.
(b) Specific exclusion for exotic wildlife dealer permits.--The provisions of section 2962(a) shall not apply to any individual, partnership, association or corporation which holds a permit issued pursuant to section 2964, providing the purchase or sale of exotic wildlife or other authorized transaction is conducted for the sole purpose of maintaining stock for the menagerie.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.
West's Pennsylvania Administrative Code. Title 58. Recreation. Part III. Game Commission. Chapter 147. Special Permits. Subchapter N. Exotic Wildlife Possession
§ 147.261. Scope.
(a) General. This subchapter relates to the housing and care of exotic wildlife, and public protection from exotic wildlife held or transported by a person under the act or this part.
(b) Confinement. It is unlawful to maintain exotic wildlife, in confinement, in unsanitary or unsafe condition, or in a manner which results in maltreatment, mistreatment or neglect. No exotic wildlife may be confined in a pen, cage or enclosure which does not meet the minimum pen specifications in this subchapter. An animal may not be chained or tethered, or otherwise impeded from moving freely within a cage or enclosure unless otherwise indicated on the permit.
(c) Housing. Exotic wildlife shall be housed in a safe and sanitary manner. Failure to provide sanitary surroundings for exotic wildlife or failure to adequately protect the public from exotic wildlife possessed under the act and this subchapter is a violation of this subchapter.
(d) Bill of sale. It is unlawful for a person to possess exotic wildlife, except as provided in this subchapter, without having a bill of sale or other documentary evidence showing the name and address of the supplier of the exotic wildlife.
(e) Permit. A separate exotic wildlife possession permit is required for each animal.
(f) Experience required. A new applicant for an exotic wildlife possession permit shall provide documentation of at least 2 years experience of hands-on work with the designated species, including care, feeding, handling, training and husbandry. This experience shall be from a recognized/approved facility and the owner, manager or licensee of this facility shall provide a letter of reference.
Adopted July 1, 1987; Amended Mar. 26, 1994; Amended Apr. 5, 2003.
§ 147.262. Restrictions.
Sections 147.242--147.246 (relating to safety; sanitation; housing; acquisition and disposal; and health and welfare) pertain to all exotic wildlife possession permits.
Adopted July 1, 1987.