An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in game or wildlife protection, prohibiting the purchase, sale, offer for sale or possession with intent to sell covered animal parts or products; and imposing penalties.

PRINTER'S NO. 1078
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 994
Session of
2025
INTRODUCED BY KRUEGER, MADDEN, PROBST, McNEILL, HOWARD,
HOHENSTEIN, SANCHEZ, CIRESI, ISAACSON, WARREN, SHUSTERMAN,
STEELE AND SCHLOSSBERG, MARCH 20, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 20, 2025
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in game or wildlife protection, prohibiting the
purchase, sale, offer for sale or possession with intent to
sell covered animal parts or products; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 34 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2168. Prohibiting the purchase, sale, offer for sale or
possession with intent to sell covered animal parts
or products.
(a) Offense defined.--Except as provided under subsections
(b) and (c), no person may purchase, sell, offer to sell or
possess with intent to sell any item that the person knows or
should know is a covered animal part or product.
(b) Exceptions.--Unless prohibited under Federal law or
section 2167 (relating to endangered or threatened species), the
prohibition under subsection (a) shall not apply:
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(1) To an employee or agent of the Federal or State
Government undertaking a law enforcement activity pursuant to
Federal or State law or a mandatory duty required by Federal
or State law.
(2) When the activity is expressly authorized by Federal
law.
(3) When the covered animal part or product is a fixed
component of an antique that is not made wholly or primarily
of the covered animal part or product if:
(i) the antique status is established by the owner
or seller of the covered animal part or product with
documentation evidencing provenance and showing the
covered animal part or product to be not less than 100
years old; and
(ii) the total weight of the covered animal part or
product is less than 200 grams.
(4) When the covered animal part or product is a fixed
component of a musical instrument, including string
instruments and bows, wind and percussion instruments and
pianos, if:
(i) the covered animal part or product was legally
acquired; and
(ii) the total weight of the covered animal part or
product is less than 200 grams.
(c) Educational or scientific use.--The commission may
permit, unless prohibited by a Federal law or regulation and
under terms and conditions as the commission may prescribe, the
purchase, sale, offer for sale or possession with intent to sell
a covered animal part or product for educational or scientific
purposes by a bona fide educational or scientific institution if
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the covered animal part or product was legally acquired.
(d) Presumption of possession with intent to sell.--There is
a presumption of possession with intent to sell a covered animal
part or product when the part or product is possessed by a
retail or wholesale establishment or other forum engaged in the
business of buying or selling similar items. This rebuttable
presumption shall not preclude a finding of intent to sell on
any other evidence which may serve to independently establish
such intent.
(e) Penalties.--A person who violates subsection (a) shall
be subject to the following civil penalties:
(1) For a first violation where the total value of the
covered animal part or product does not exceed $250, the
person shall be subject to a civil penalty not exceeding
$5,000.
(2) For a first violation where the total value of the
covered animal part or product exceeds $250, the person shall
be subject to a civil penalty not exceeding $10,000.
(3) For a second or subsequent violation where the total
value of the covered animal part or product does not exceed
$250, the person shall be subject to a civil penalty not
exceeding $10,000.
(4) For a second or subsequent violation where the total
value of the covered animal part or product exceeds $250, the
person shall be subject to a civil penalty not exceeding
$20,000.
(f) Disposition.--The commission may seize a covered animal
part or product involved in a violation of this section in
accordance with law and upon legal disposition the covered
animal part or product may be:
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(1) maintained by the commission for educational or
training purposes;
(2) donated by the commission to a bona fide educational
or scientific institution; or
(3) destroyed.
(g) Regulations.--The commission shall promulgate
regulations necessary and appropriate for the implementation and
enforcement of this section.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Bona fide educational or scientific institution." An
institution that establishes through documentation educational
or scientific tax exemption from the Federal Internal Revenue
Service.
"Covered animal." Any species of:
(1) Baleen whale (Parvorder: Mysticeti).
(2) Bonobo (Pan paniscus).
(3) Cheetah (Acinonyx jubatus).
(4) Chimpanzee (Pan troglodytes).
(5) Dolphin, porpoise or toothed whale (Parvorder:
Odontoceti).
(6) Elephant (Family: Elephantidae).
(7) Giraffe (Genus: Giraffa).
(8) Gorilla (Genus: Gorilla).
(9) Hippopotamus (Family: Hippopotamidae).
(10) Jaguar (Panthera onca).
(11) Leopard (Panthera pardus).
(12) Lion (Panthera leo).
(13) Mammoth (Genus: Mammuthus).
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(14) Mastodon (Genus: Mammut).
(15) Orangutan (Genus: Pongo).
(16) Panda (Ailuropoda melanoleuca).
(17) Pangolin (Genus: Manidae).
(18) Polar bear (Ursus maritimus).
(19) Ray (Superorder: Batoidea).
(20) Rhinoceros (Family: Rhinocerotidae).
(21) Sea turtle (Superfamily: Chelonioidea).
(22) Shark (Order: Hexanchiformes, Echinorhiniformes,
Squaliformes, Pristiophoriformes, Squatiniformes,
Heterodontiformes, Lamniformes, Orectolobiformes,
Carcharhiniformes).
(23) Tiger (Panthera tigris).
(24) Walrus (Odobenus rosmarus).
"Covered animal part or product." An item that contains, or
is wholly or partially made from, any covered animal. The term
includes gametes and DNA.
"Sale" or "sell." An act of selling, trading or bartering
for monetary or nonmonetary consideration. The term includes any
transfer of ownership that occurs in the course of a commercial
transaction, but does not include a nonmonetary transfer of
ownership by way of gift, donation or bequest. For purposes of
this section, a sale shall be deemed to occur in this
Commonwealth if:
(1) the buyer takes physical possession of the covered
animal part or product in this Commonwealth; or
(2) the seller is located in this Commonwealth.
Section 2. This act shall take effect in six months.
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