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Amended poaching bill receives broad support
Bill still faces full legislature
Sunday, June 07, 2009

A measure aimed at cracking down on wildlife poachers finally is headed to the full House.

Amended to appease critics who claimed it was too tough on hunters who violate unintentionally, House Bill 97 was approved 23-1 by the House Game and Fisheries Committee Tuesday.

The bill would significantly strengthen Pennsylvania poaching laws, which are tame compared to some other states. Committee chair Rep. Ed Staback (D-Lackawanna) said he would like to see the bill clear the House and go on to the Senate before summer recess in July, and before efforts to derail it are renewed.

"Opponents to the bill are still there, but we have strong support," Staback said. "We've received well over 300 e-mails and calls from gun clubs and others in the legitimate sporting community who don't want the bill watered down, who like the felony [provision] and heavy fines. Some went out last year and didn't get the opportunity to harvest a deer. Ask them if the fines are too stiff for people caught jacklighting trophy bucks."

In response to critics including the National Rifle Association, Staback last week amended the bill so that hunters who forfeit an unlawfully taken deer or turkey within 24 hours face no penalty even for carelessness or negligence, only a $25 processing fee. There are no such allowances for bear or elk.

But Staback refused to back down on core provisions aimed at curbing jacklighters, black marketeers and others who show criminal intent. Two convictions in 10 years or five or more kills in a single incident would constitute a felony, with three years in prison, a 10-year revocation of hunting privileges, and loss of the right to own firearms. Currently, there is no provision for incarceration in the Pennsylvania Game Code.

"Poachers may write off fines as the cost of doing business, but jail time will be a major deterrent," Staback said.

Lesser offenses also could result in jail time and bigger fines than the Game Code currently allows when hunters fail to report their crimes. One deer or turkey over the limit would result in a summary offense, with up to three months in jail, three years loss of hunting privileges and up to $1,500 in fines. A second such incident would be a misdemeanor, with double the penalties. Bagging an animal up to one-half hour before and after lawful hunting hours would constitute a summary offense.

Although Staback considered getting rid of the Game Commission's "mistake kill" restitution program, the commission's board balked. The program would continue, and violators could be assessed $200 to replace illegally harvested small game, $800 for deer, $1,500 for bear and elk and $5,000 for trophy big game and endangered species.

The commission's law enforcement chief Rich Palmer said the committee's near-unanimous approval of HB 97 is reason for cautious optimism.

"Finally getting it out of committee after 15 months was a milestone, but we still have two battles ahead -- the House and the Senate," he said. "It's good there was such strong bipartisan support."

But the lone dissenter on the Game and Fisheries Committee, Rep. Tim Krieger (R-Greensburg), said he'll continue to oppose HB 97 because he believes the felony provision is too harsh.

"The punishment has to fit the crime, and there are more serious crimes on the books with lesser penalties," said Krieger. "Prostitution is a misdemeanor unless the prostitute is knowingly AIDS-HIV positive, and I think most people would say prostitution is more serious than poaching wildlife."

Krieger said his district includes poor areas where people may kill extra deer to feed their families.

"There's a difference between killing deer to sell to a New York City restaurant and killing two deer because you're hungry," said Krieger, who noted he is a hunter and a lifetime member of the NRA. "I'd rather see us err on the side of narrow than broad."

In a written statement, Game Commission Executive Director Carl Roe said it's a "myth" that most poaching is done to put food on the table.

"Most often, poaching today is committed by criminals driving $30,000 vehicles, using expensive night-vision technology, illegal silencers and firearms," he said. "Most commonly, the causes are simply greed [and] obsessive behavior in collecting antlers. In some cases poachers take great pride in their infamous status in local communities. A disturbing and increasingly common cause is killing simply for thrill with no intention of making use of any part of the animal."

Roe called on the full House to pass the measure, so the bill could be considered by the state Senate as soon as possible.

Lawmakers could amend the bill as it wends its way through the legislature, and Staback said he will monitor the process.

"I want to make sure any changes that come don't take the bill's teeth out," said Staback, who also is a lifetime NRA member and is a past NRA Legislator of the Year. "My job won't be done until HB 97 becomes law."

First published on June 7, 2009 at 12:27 am