Bill Text: PA HB2293 | 2011-2012 | Regular Session | Amended

---

Bill Title: Further providing for classification of offenses and penalties and for revocation, suspension or denial of license, permit or registration; providing for serious unlawful take and for taking or possessing by illegal methods; and further providing for Lake Erie fishing permits.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-10-24 - Act No. 167 [HB2293 Detail]

Download: Pennsylvania-2011-HB2293-Amended.html

---

SENATE AMENDED
PRIOR PRINTER'S NO. 3327 PRINTER'S NO. 4150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2293 Session of2012
INTRODUCED BY PEIFER, J. EVANS, STABACK, AUMENT, BEAR, BRENNAN, CALTAGIRONE, CARROLL, D. COSTA, CREIGHTON, CRUZ, CUTLER, DALEY, DePASQUALE, EMRICK, EVERETT, FABRIZIO, FLECK, GEIST, GEORGE, GERGELY, GIBBONS, GILLESPIE, GROVE, HAHN, HALUSKA, HANNA, HARHART, HARKINS, HELM, HENNESSEY, HESS, HORNAMAN, KAVULICH, M. K. KELLER, KIRKLAND, KNOWLES, KOTIK, KULA, MAHER, MAHONEY, MAJOR, MALONEY, MASSER, McGEEHAN, MILLARD, MILLER, MIRABITO, MOUL, MULLERY, MURPHY, MURT, PASHINSKI, PICKETT, QUINN, ROCK, SONNEY, STURLA, SWANGER, TAYLOR AND VULAKOVICH, APRIL 2, 2012
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 1, 2012
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, further providing for classification of offenses
and penalties and for revocation, suspension or denial of
license, permit or registration; and providing for serious <--
poaching incidents unlawful take and for taking or possessing <--
by illegal methods; and further providing for Lake Erie <--
fishing permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 923(a)(1), (2) and (3) and (b) of Title
30 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
§ 923. Classification of offenses and penalties.
(a) General rule.--The following penalties shall be imposed
for violations of this title:
(1) For a summary offense of the first degree, a fine of
[$200] $250 or imprisonment not exceeding 90 days.
(2) For a summary offense of the second degree, a fine
of [$100] $150 or imprisonment not exceeding 20 days.
(3) For a summary offense of the third degree, a fine of
[$50] $75.
* * *
(b) Additional fine.--In addition to the penalties in
subsection (a), a fine of [$20] not less than $20 nor more than
$50 may be imposed for each fish taken, caught, killed,
possessed or sold in violation of this title or for each illegal
device used by an angler while in the act of fishing. In
computing the number of fish taken, caught, killed, possessed or
sold, the number immediately returned unharmed to the water
where they were taken shall be omitted.
* * *
(c.1) Additional penalty for serious poaching incidents <--
unlawful take.--In addition to the penalties in subsections (a) <--
and (b), a person convicted or acknowledging guilt of violating
section 2109 (relating to serious poaching incidents unlawful <--
take) or 2110 (relating to taking or possessing by illegal
methods) shall be assessed the costs incurred by the commission
for the replacement of the species involved in the violation in
an amount determined by regulation of the commission consistent <--
with the values established by the American Fisheries Society or
other recognized professional fisheries organization.
Replacement costs may only be assessed for violations relating
to federally listed threatened or endangered species and any <--
other species of fish designated by the commission.
* * *
20120HB2293PN4150 - 2 -
Section 2. Section 928(a), (b) and (d) of Title 30 are
amended to read:
§ 928. Revocation, suspension or denial of license, permit or
registration.
(a) Revocation or denial.--Any fishing license, special
license or permit or privilege, including boating privileges,
granted under the authority of this title may be revoked by the
commission, in its discretion, when the holder of the license,
permit or privilege is convicted of or pleads guilty to an
offense under this title. Further, the commission, in its
discretion, may refuse to grant to that person any new fishing
license, special license or permit or privilege for a period not
exceeding [two] five years.
(b) Suspension.--The commission shall for a period of one
year suspend the privilege of operating a watercraft on the
waters of this Commonwealth of any individual who is convicted
of a violation of section 5502 (relating to operating watercraft
under influence of alcohol or controlled substance) or 5502.1
(relating to homicide by watercraft while operating under
influence) or [an adjudication of delinquency] is adjudicated
delinquent based on section 5502 or 5502.1. If an individual is
imprisoned for violating section 5502 or 5502.1, the period of
suspension imposed under this subsection may not commence until
the date of the individual's release from prison.
* * *
(d) Penalty.--A person commits a [summary offense of the
first degree] misdemeanor of the third degree if he performs an
act for which a fishing license, special license, permit or boat
registration is required or exercises a privilege, including the
privilege to operate a watercraft on the waters of this
20120HB2293PN4150 - 3 -
Commonwealth, while the license, permit or privilege is
suspended or revoked. A person commits a misdemeanor of the
[third] second degree if he commits a second or subsequent
violation of a suspension or revocation during its term.
* * *
Section 3. Title 30 is amended by adding sections to read:
§ 2109. Serious poaching incidents unlawful take. <--
(a) Prohibited conduct.--It shall be unlawful to do any of
the following from any waters of this Commonwealth, boundary
waters or lands:
(1) During the closed season, take, catch, kill or
possess fish having a replacement cost in excess of $500.
(2) Take, catch, kill or possess three or more times the
daily limit of fish.
(b) Grading.--Any person violating subsection (a) commits a
misdemeanor of the second degree.
§ 2110. Taking or possessing by illegal methods.
(a) Prohibited conduct.--It shall be unlawful to take,
catch, kill or possess fish by illegal methods, including seines <--
or gill nets, explosives, chemicals, spears, gigs, pitch forks,
bats or other devices not normally used for fishing, any method <--
not specifically authorized by law or regulation from any waters
of this Commonwealth, boundary waters or lands.
(b) Grading.--The following shall apply:
(1) Any person violating subsection (a) relating to a
single fish commits a summary offense of the second degree.
(2) Any person violating subsection (a) relating to two
or more fish, up to and including the legal daily limit,
commits a summary offense of the first degree.
(3) Any person violating subsection (a) relating to more
20120HB2293PN4150 - 4 -
than the legal daily limit of fish, or a second or subsequent
violation of subsection (a), commits a misdemeanor of the
second degree.
Section 4. Section 2907.2(f.1) of Title 30 is amended to <--
read:
§ 2907.2. Lake Erie fishing permits.
* * *
(f.1) Lake Erie permits.--The proceeds from the fees for the
special Lake Erie fishing permits as provided for under section
2715(a.1)(4) (relating to license, permit and issuing agent
fees) and $6 of the fees for the combination trout/salmon
permits and Lake Erie permits as provided for under section
2715(a.1)(5) shall be deposited into a restricted account within
the Fish Fund [through December 31, 2014]. The restricted
account shall be used to provide public fishing access or to
protect or improve fish habitat on or at Lake Erie, Presque Isle
Bay and their tributaries, including waters that flow into those
tributaries.
* * *
Section 4 5. The amendment or addition of the following <--
provisions shall apply to violations occurring on or after the
effective date of this section:
(1) 30 Pa.C.S. § 923(a)(1), (2) and (3), (b) and (c.1).
(2) 30 Pa.C.S. § 928(a), (b) and (d).
(3) 30 Pa.C.S. § 2109.
(4) 30 Pa.C.S. § 2110.
Section 5 6. This act shall take effect in 60 days <--
immediately. <--
20120HB2293PN4150 - 5 -