Hunting
Accident File > Violations
PA: Many examples of illegal hunting
August 8, 2010
"With so many repeat offenders, the Legislature had to do something,"
James "Jay" Delaney, the chairman of the board of the Game Commission, said.
http://standardspeaker.com/jail-time-toughens-law-to-discourage-poaching-rewards-curb-illegal-hunting-1.928992
Jail time toughens law to discourage poaching Rewards curb illegal
hunting
Poachers have always paid fines, but now they can pay with jail time
under a law that takes effect in September in Pennsylvania.
"For the worst offenders ... their wrists should not be slapped. I said
it's time we cuffed them instead of slapped them," said state Rep. Edward
Staback, D-115, Archbald, the law's sponsor in the state House.
The Legislature approved the law after hearing that lax penalties
attracted poachers to Pennsylvania from other states and that some people
were spotlighting and shooting several deer per night for thrills.
Carl Roe, the executive director of the Pennsylvania Game Commission,
referred to thrill kills while testifying before the Game and Fisheries
Committee that Staback chairs.
"It opened my eyes and a good number of people on our committee. I had
never heard that before in conjunction with hunting," said Staback, who has
been a hunter since he was 12.
The Game Commission obtained convictions in two thrill kills this winter.
In Washington County on Jan. 16, a 22-year-old West Virginia woman killed
three deer.
She paid $3,100 in fines, $2,400 in restitution and $506 to replace a
light that she shot out.
Two young men fired 60 shots overnight from Dec. 19 to 20, 2009 in
Westmoreland County. They killed six deer, wounded another that had to be
killed, and hit an occupied house and parked car with buckshot. Their
penalties included $3,400 in fines and nearly $9,000 for damage to the home
and car.
None of the three, however, was sentenced to prison.
"You could kill every deer in Pennsylvania and not see one day in jail,"
Game Commission spokesman Jerry Feaser said of the old law.
Under the new law, which takes effect 60 days from July 9 when Gov. Ed
Rendell signed it, offenders can be charged with various misdemeanors and
summary offenses that can carry jail sentences. Fines increase from those
now imposed.
For example, a person who illegally kills a deer will face a first-degree
summary charge that carries a fine of $400 to $800 and up to one month in
jail.
"If nothing more, it will serve as a major deterrent to those people who
haven't done it but are thinking about it," Staback said. "Kill five
whitetailed deer in a single episode, you're looking at $15,000 and a strong
possibility of jail up to three years depending on the mood of the judge."
The current law didn't dissuade poachers from dealing antlers, meat,
hides from illegally killed animals or bear gallbladders, which are falsely
considered an aphrodisiac, on the black market.
"Basically a lot of other states increased their penalties. In
Pennsylvania it was sort of like a cost of doing business. If you're going
to be a poacher if you get caught, the fines were not very high," Feaser
said.
In the new law, charges may be brought for each animal that is illegally
killed, bought, sold or possessed. Trespassing while violating other
provisions of the act tacks $100 to $200 onto the total fine.
Penalties under the new law increase when poachers take endangered and
threatened species or big game.
Repeat offenders also incur harsher punishments.
Anyone convicted a third time for taking an endangered or threatened
species would be charged with a third-degree felony that carries a possible
sentence of three years in prison and a fine of $15,000.
"With so many repeat offenders, the Legislature had to do something,"
James "Jay" Delaney, the chairman of the board of the Game Commission, said.
People convicted of felonies under the new law won't lose their jobs or
their right to vote as they might with other felony convictions.
They will, however, lose their right to own firearms, which might be a
more effective deterrent than loss of hunting privileges. A poacher is more
likely to kill a deer illegally when he doesn't have a gun than when he
doesn't have a license. A 19-year-old Adams County man had a valid license
when he shot a 16-point buck out of season in September 2009 in York County.
The poacher falsely said he downed the buck during archery season in
Lycoming County, but was fined $1,100 for game law violations and billed
another $5,000 for killing a trophy-class animal, the Game Commission said.
The law does allow judges to strip illegal hunters of the privilege to
buy a hunting or fur-taking license for up to 15 years. A companion bill,
which lawmakers ran out of time to pass before the summer recess, will add
Pennsylvania to a group of more than 30 states that enforce hunting license
bans collectively.
Under the bill, which Staback expects will pass in September, anyone who
loses hunting privileges in Pennsylvania will be banned from buying a
hunting license in the other states that belong to the compact.
"I think it's wrong that people commit these crimes against wildlife the
way they do," Staback said. "It takes away from the opportunity of the
legitimate hunters."
kjackson@standardspeaker.com
Pennsylvanians can protect wildlife by reporting poachers to the Game
Commission.
Reports can be made anonymously, and rewards of $100 are offered.
The commission operates a hotline for cases of poaching endangered or
threatened animals or multiple kills or abductions of game animals.
The number is 1-888-PGC-8001. It rings to an answering machine that only
authorized commission workers can access. Callers need not leave any
personal information, but to collect a reward they have to provide a way for
the commission to send them a reward if the tip leads to a conviction.
On the commission's website, people can obtain a form to report poachers.
They can submit the form by e-mail or at the post office.
To report lesser crimes, such as the killing of a single animal, people
should call the commission's nearest regional office. In the Hazleton area,
the regional office is in Dallas, Luzerne County. The telephone number is
675-1143. Schuylkill County residents can call the office in Reading at
610-926-3136
Game law fines poachers an extra $200, which goes to rewards and the
system for reporting poaching.
Currently the commission offers a reward of up to $2,500 in a case of a
hunter and his 9-year-old son who were shot on the first day of the spring
gobbler season in Clearfield County.
The pair were struck in the face, back and side with shotgun pellets on
the DuBois Beagle Club property off state Route 119 in Sandy Township, and
saw the shooter head north to leave.
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