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FOR IMMEDIATE RELEASE |
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State
Rep. Edward G. Staback |
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Staback poaching bill approved by House Game & Fisheries Committee
HARRISBURG, June 3 – State Rep. Ed Staback, D-Lackawanna/Wayne, today announced that legislation he authored that would add misdemeanor and felony charges for poaching violations was approved by the House Game and Fisheries Committee.
"The current penalty for poaching is a summary offense and one of the reasons I introduced this bill is because the current penalties do not work as a deterrent to poaching," Staback said. "I have tried to be as accommodating as possible in the drafting of this bill. I’ve taken into account nearly every concern that was presented to me and I think the result is a bill that is both fair and tough."
House Bill 97 would increase fines and the grading of offenses for poaching violations. Staback said the bill introduces misdemeanors and felonies for poaching game at night with a light, violating bag limits and out-of-season hunting.
Staback said the bill also would increase the fines for current summary offenses, increase penalties for assaulting a game officer, increase penalties for taking threatened and endangered species, and extend the window for second offenses from two to 10 years.
A number of amendments were inserted into the bill during the committee meeting, two of which would make a great impact on the legislation, Staback said.
The first amendment would create a separate penalty for the act of taking one deer or one turkey over the bag limit in season. This action would be considered a first summary offense with a fine of $800 to $1,500, a possible jail sentence of three months and a three-year license revocation. Bear and elk would remain a third-degree misdemeanor with a fine of $1,500 to $3,000, possible jail sentence of up to six months and a five-year license revocation.
"For the first time, a guilty defendant will face the possibility of jail time for any poaching violation. With this new law on the books, serious penalties would work as serious deterrents to those individuals who are considering poaching, whether it is for one big game animal or for many," Staback said.
The other amendment would remove the possibility of someone who turns in a "mistaken kill" to be charged with the more serious "negligent kill." Presently, it is up to wildlife conservation officers to decide if the mistake kill was truly a mistake or due to negligence. This has resulted in hunters turning in an animal only to find out later that they face a higher fine, up to $500, and a license revocation.
Staback said with the adoption of this language, if a hunter were to follow proper protocol to return a "mistake kill," they would not face any violation.
The bill now advances to the House floor for consideration.
"I have been encouraged by the variety of sportsmen’s groups and individuals who have called and written in support of House Bill 97 and its tough, new means of penalizing poachers," Staback said. "Legitimate hunters from around the state believe as I do that until we get serious about punishing poachers, the activity will continue on its current pace of nearly 1,000 violations per year – and that is just the number that get caught."
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