HB 994 — 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
 1   Amending Title 34 (Game) of the Pennsylvania Consolidated
 2      Statutes, in game or wildlife protection, prohibiting the
 3      purchase, sale, offer for sale or possession with intent to
 4      sell covered animal parts or products; and imposing
 5      penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 34 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a section to read:
10   § 2168.   Prohibiting the purchase, sale, offer for sale or
11                possession with intent to sell covered animal parts
12                or products.
13      (a)    Offense defined.--Except as provided under subsections
14   (b) and (c), no person may purchase, sell, offer to sell or
15   possess with intent to sell any item that the person knows or
16   should know is a covered animal part or product.
17      (b)    Exceptions.--Unless prohibited under Federal law or
18   section 2167 (relating to endangered or threatened species), the
19   prohibition under subsection (a) shall not apply:
 1             (1)   To an employee or agent of the Federal or State
 2      Government undertaking a law enforcement activity pursuant to
 3      Federal or State law or a mandatory duty required by Federal
 4      or State law.
 5             (2)   When the activity is expressly authorized by Federal
 6      law.
 7             (3)   When the covered animal part or product is a fixed
 8      component of an antique that is not made wholly or primarily
 9      of the covered animal part or product if:
10                   (i)    the antique status is established by the owner
11             or seller of the covered animal part or product with
12             documentation evidencing provenance and showing the
13             covered animal part or product to be not less than 100
14             years old; and
15                   (ii)   the total weight of the covered animal part or
16             product is less than 200 grams.
17             (4)   When the covered animal part or product is a fixed
18      component of a musical instrument, including string
19      instruments and bows, wind and percussion instruments and
20      pianos, if:
21                   (i)    the covered animal part or product was legally
22             acquired; and
23                   (ii)   the total weight of the covered animal part or
24             product is less than 200 grams.
25      (c)    Educational or scientific use.--The commission may
26   permit, unless prohibited by a Federal law or regulation and
27   under terms and conditions as the commission may prescribe, the
28   purchase, sale, offer for sale or possession with intent to sell
29   a covered animal part or product for educational or scientific
30   purposes by a bona fide educational or scientific institution if

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 1   the covered animal part or product was legally acquired.
 2      (d)   Presumption of possession with intent to sell.--There is
 3   a presumption of possession with intent to sell a covered animal
 4   part or product when the part or product is possessed by a
 5   retail or wholesale establishment or other forum engaged in the
 6   business of buying or selling similar items. This rebuttable
 7   presumption shall not preclude a finding of intent to sell on
 8   any other evidence which may serve to independently establish
 9   such intent.
10      (e)   Penalties.--A person who violates subsection (a) shall
11   be subject to the following civil penalties:
12            (1)   For a first violation where the total value of the
13      covered animal part or product does not exceed $250, the
14      person shall be subject to a civil penalty not exceeding
15      $5,000.
16            (2)   For a first violation where the total value of the
17      covered animal part or product exceeds $250, the person shall
18      be subject to a civil penalty not exceeding $10,000.
19            (3)   For a second or subsequent violation where the total
20      value of the covered animal part or product does not exceed
21      $250, the person shall be subject to a civil penalty not
22      exceeding $10,000.
23            (4)   For a second or subsequent violation where the total
24      value of the covered animal part or product exceeds $250, the
25      person shall be subject to a civil penalty not exceeding
26      $20,000.
27      (f)   Disposition.--The commission may seize a covered animal
28   part or product involved in a violation of this section in
29   accordance with law and upon legal disposition the covered
30   animal part or product may be:

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 1            (1)    maintained by the commission for educational or
 2      training purposes;
 3            (2)    donated by the commission to a bona fide educational
 4      or scientific institution; or
 5            (3)    destroyed.
 6      (g)     Regulations.--The commission shall promulgate
 7   regulations necessary and appropriate for the implementation and
 8   enforcement of this section.
 9      (h)     Definitions.--As used in this section, the following
10   words and phrases shall have the meanings given to them in this
11   subsection unless the context clearly indicates otherwise:
12      "Bona fide educational or scientific institution."      An
13   institution that establishes through documentation educational
14   or scientific tax exemption from the Federal Internal Revenue
15   Service.
16      "Covered animal."     Any species of:
17            (1)    Baleen whale (Parvorder: Mysticeti).
18            (2)    Bonobo (Pan paniscus).
19            (3)    Cheetah (Acinonyx jubatus).
20            (4)    Chimpanzee (Pan troglodytes).
21            (5)    Dolphin, porpoise or toothed whale (Parvorder:
22      Odontoceti).
23            (6)    Elephant (Family: Elephantidae).
24            (7)    Giraffe (Genus: Giraffa).
25            (8)    Gorilla (Genus: Gorilla).
26            (9)    Hippopotamus (Family: Hippopotamidae).
27            (10)    Jaguar (Panthera onca).
28            (11)    Leopard (Panthera pardus).
29            (12)    Lion (Panthera leo).
30            (13)    Mammoth (Genus: Mammuthus).

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 1          (14)     Mastodon (Genus: Mammut).
 2          (15)     Orangutan (Genus: Pongo).
 3          (16)     Panda (Ailuropoda melanoleuca).
 4          (17)     Pangolin (Genus: Manidae).
 5          (18)     Polar bear (Ursus maritimus).
 6          (19)     Ray (Superorder: Batoidea).
 7          (20)     Rhinoceros (Family: Rhinocerotidae).
 8          (21)     Sea turtle (Superfamily: Chelonioidea).
 9          (22)     Shark (Order: Hexanchiformes, Echinorhiniformes,
10      Squaliformes, Pristiophoriformes, Squatiniformes,
11      Heterodontiformes, Lamniformes, Orectolobiformes,
12      Carcharhiniformes).
13          (23)     Tiger (Panthera tigris).
14          (24)     Walrus (Odobenus rosmarus).
15      "Covered animal part or product."       An item that contains, or
16   is wholly or partially made from, any covered animal. The term
17   includes gametes and DNA.
18      "Sale" or "sell."    An act of selling, trading or bartering
19   for monetary or nonmonetary consideration. The term includes any
20   transfer of ownership that occurs in the course of a commercial
21   transaction, but does not include a nonmonetary transfer of
22   ownership by way of gift, donation or bequest. For purposes of
23   this section, a sale shall be deemed to occur in this
24   Commonwealth if:
25          (1)    the buyer takes physical possession of the covered
26      animal part or product in this Commonwealth; or
27          (2)    the seller is located in this Commonwealth.
28      Section 2.    This act shall take effect in six months.




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