PRINTER'S NO. 3347
No. 2499 Session of 1982
INTRODUCED BY W. W. FOSTER, DIETZ, LETTERMAN, CALTAGIRONE,
JACKSON, WENGER, FEE, MOWERY, MADIGAN, GRUPPO, SIEMINSKI,
HEISER, GRABOWSKI, GAMBLE, GEORGE, PETRONE, MISCEVICH,
JOHNSON, PHILLIPS, HAYES, NOYE, DeVERTER, GRIECO,
L. E. SMITH, WACHOB, SIRIANNI, WASS, FARGO, PETERSON, BOWSER,
STAIRS, E. Z. TAYLOR, E. H. SMITH, B. SMITH, COSLETT, RITTER
AND A. C. FOSTER, JR., MAY 24, 1982
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 24, 1982
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, adding revised, compiled and codified provisions
3 relating to wildlife and making conforming amendments to
4 Titles 18, 30 and 75.
5 TABLE OF CONTENTS
6 TITLE 34
7 GAME
8 Chapter 1. Preliminary Provisions
9 § 101. Short title of title.
10 § 102. Definitions.
11 § 103. Ownership, jurisdiction and control of wildlife.
12 § 104. Title not to apply in certain cases.
13 Chapter 3. Pennsylvania Wildlife Commission
14 Subchapter A. Organization, Officers and Employees
15 § 301. Organization of commission.
16 § 302. Executive director.
1 § 303. Wildlife conservation officers and employees.
2 § 304. Deputy wildlife conservation officers.
3 Subchapter B. Powers and Duties in General
4 § 321. Meetings of commission.
5 § 322. Duties and powers of commission.
6 § 323. Cooperative agreements.
7 § 324. Cooperation with Federal Government.
8 Chapter 5. Fiscal Affairs
9 Subchapter A. General Provisions
10 § 501. Refund of moneys paid erroneously or unjustly.
11 § 502. Collection fee for uncollectible checks.
12 Subchapter B. The Wildlife Fund
13 § 521. Establishment and use of Wildlife Fund.
14 § 522. Appropriation of moneys.
15 § 523. Donations.
16 Subchapter C. Erection of Deterrent Fences
17 § 541. Authority to provide deterrent fences.
18 § 542. Investigation after receipt of application.
19 § 543. Purchase of materials and construction.
20 § 544. Maintenance, repair or replacement.
21 § 545. Request for review.
22 § 546. Limitation on expenditures for deterrent fencing.
23 § 547. Unlawful acts.
24 Subchapter D. Payment of Bear Damage Claims
25 § 551. Authority for payment.
26 § 552. Investigation and settlement.
27 § 553. Payment of claim.
28 § 554. Request for review.
29 § 555. Limitation on expenditures for bear damage claims.
30 § 556. Unlawful acts.
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1 Subchapter E. Review Procedures
2 § 561. Appointment of hearing examiner.
3 § 562. Powers and duties of hearing examiner.
4 § 563. Conduct of review.
5 § 564. Finality of decision.
6 Chapter 7. Property and Buildings
7 Subchapter A. Acquisition and Improvements
8 § 701. Acquisition of property.
9 § 702. Improvements to property.
10 § 703. Rights-of-way and other rights.
11 § 704. Certification of title or title insurance.
12 § 705. Price paid for acquisitions and improvements.
13 § 706. Title to property.
14 § 707. Designation of property.
15 § 708. Exemption from taxation.
16 § 709. Cooperative agreements relating to land.
17 Subchapter B. Control, Management and Disposition
18 § 721. Control of property.
19 § 722. Use of property.
20 § 723. Exchange or sale.
21 § 724. Disposition of timber, minerals and other products.
22 § 725. Rights-of-way, easements and licenses.
23 § 726. Leases.
24 § 727. Proceeds from sales and grants.
25 § 728. Propagation areas.
26 § 729. Public access projects.
27 Subchapter C. Protection of Commission Property
28 § 741. Commission actions for damage to buildings or property.
29 Chapter 9. Enforcement
30 Subchapter A. General Provisions
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1 § 901. Powers and duties of enforcement officers.
2 § 902. Deputy wildlife conservation officers.
3 § 903. Status of wildlife conservation officers.
4 § 904. Delegation of enforcement powers.
5 § 905. Resisting an officer.
6 § 906. Assaulting an officer.
7 § 907. False or fraudulent statements on reports, etc.
8 § 908. Vehicle operation to avoid identification or
9 inspection.
10 Subchapter B. Prosecution and Penalties
11 § 921. Time for commencing prosecutions.
12 § 922. Rights and liabilities of minors.
13 § 923. Possession prima facie evidence of violation.
14 § 924. Liability for actions of others.
15 § 925. Jurisdiction and penalties.
16 § 926. Acknowledgment of guilt and receipt for payment.
17 § 927. Disposition of fine and penalties.
18 § 928. Disposition of fugitive property.
19 § 929. Revocation or denial of license, permit or registration.
20 § 930. Suspension of privileges pending payment of penalties.
21 § 931. Arrest of nonresident.
22 § 932. Determination of second or subsequent convictions.
23 Chapter 21. Wildlife Protection
24 Subchapter A. General Provisions
25 § 2101. Administration of title.
26 § 2102. Regulations.
27 § 2103. Applicability of Federal laws.
28 Subchapter B. Wildlife Destruction for Agricultural
29 Protection
30 § 2121. Killing wildlife to protect property.
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1 § 2122. Report to commission officer.
2 § 2123. Safekeeping edible carcass pending disposition.
3 § 2124. Retention of edible carcass for food.
4 § 2125. Surrender of carcass to commission officer.
5 § 2126. Unlawful activities.
6 Subchapter C. Destruction of Wildlife in Self-defense
7 § 2141. Killing wildlife to protect person.
8 Subchapter D. Protection of Wildlife
9 § 2161. Commonwealth actions for damage to wildlife.
10 § 2162. Unlawful importation of wildlife.
11 § 2163. Unlawful taking and possession of protected birds.
12 § 2164. Possession or interference with nests or eggs of birds.
13 § 2165. Unlawful sale of protected birds and plumage.
14 § 2166. Endangered or threatened species.
15 Chapter 23. Hunting and Furtaking
16 Subchapter A. General Provisions
17 § 2301. Prima facie evidence of hunting.
18 § 2302. Hunting on Sunday prohibited.
19 § 2303. Ownership of carcass of wildlife.
20 § 2304. Feeding wildlife prohibited.
21 § 2305. Retrieval and disposition of killed or wounded
22 wildlife.
23 § 2306. Killing wildlife by mistake.
24 § 2307. Unlawful taking or possession of wildlife.
25 § 2308. Unlawful devices and methods.
26 § 2309. Unlawful removal of wildlife from place of refuge.
27 § 2310. Unlawful use of lights while hunting.
28 § 2311. Restrictions on recreational spotlighting.
29 § 2312. Buying and selling game.
30 § 2313. Investigation and seizure of wildlife.
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1 Subchapter B. Hunting Big Game
2 § 2321. Unlawful killing or taking of big game animals.
3 § 2322. Prohibited devices and methods.
4 § 2323. Tagging and reporting big game kills.
5 § 2324. Roster of parties hunting big game.
6 § 2325. Cooperation after lawfully killing big game.
7 § 2326. Excess kill of big game.
8 § 2327. Subsequent kill if big game unfit for human
9 consumption.
10 § 2328. Shipping or transporting big game.
11 Subchapter C. Hunting Small Game
12 § 2341. Possession and transportation of small game.
13 Subchapter D. Furtaking Regulations
14 § 2361. Unlawful acts concerning taking of furbearers.
15 § 2362. Permitted acts.
16 § 2363. Penalties.
17 Subchapter E. Dogs Pursuing Wildlife
18 § 2381. Dogs pursuing, injuring or killing wildlife.
19 § 2382. Training dogs on small game.
20 § 2383. Dogs pursuing, injuring or killing big game.
21 § 2384. Declaring dogs public nuisances.
22 § 2385. Destruction of dogs declared public nuisances.
23 § 2386. Penalties.
24 Chapter 25. Protection of Property and Persons
25 Subchapter A. Protection of Property
26 § 2501. Hunting while under influence of alcohol or drugs.
27 § 2502. Chemical test to determine amount of alcohol.
28 § 2503. Loaded firearms in vehicles.
29 § 2504. Shooting at wildlife on or across highways.
30 § 2505. Hunting wildlife or taking furbearers in building
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1 safety zones.
2 § 2506. Hunting wildlife or taking furbearers within burial
3 grounds.
4 § 2507. Restrictions on shooting.
5 § 2508. Protection of institutions, parks and resorts.
6 § 2509. Damage to property.
7 § 2510. Littering and restrictions on vehicles.
8 § 2511. Damage to trees.
9 § 2512. Unlawful acts on commission lands or waters.
10 Subchapter B. Protection of Persons
11 § 2521. Accident reports.
12 § 2522. Rendering assistance after accidents.
13 § 2523. Shooting at or causing injury to human beings.
14 § 2524. Protective material required.
15 Chapter 27. Hunting and Furtaking Licenses
16 Subchapter A. General Provisions
17 § 2701. License requirements.
18 § 2702. Residents.
19 § 2703. Nonresidents.
20 § 2704. Eligibility for license.
21 § 2705. Classes of licenses.
22 § 2706. Resident license and fee exemptions.
23 § 2707. License periods.
24 § 2708. Application requirements.
25 § 2709. License costs and fees.
26 § 2710. Replacement of lost licenses.
27 § 2711. Unlawful acts concerning licenses.
28 Subchapter B. Agents
29 § 2721. License issuance supervision.
30 § 2722. Authorized license issuing agents.
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1 § 2723. Agent bonding requirements.
2 § 2724. Record of license sales.
3 § 2725. Remitting funds to commission.
4 § 2726. Unlawful acts concerning agents.
5 Subchapter C. License Denials or Revocations
6 § 2741. Denial or revocation of license.
7 § 2742. Period of revocation.
8 § 2743. Notice of denial or revocation.
9 Chapter 29. Special Licenses and Permits
10 Subchapter A. General Provisions
11 § 2901. Authority to issue permits.
12 § 2902. General categories of permits.
13 § 2903. Permit year.
14 § 2904. Permit fees.
15 § 2905. Examination or inspection fees.
16 § 2906. Records.
17 § 2907. Reports.
18 § 2908. Violations.
19 Subchapter B. Specific Classes of Permits
20 § 2921. Collecting permits.
21 § 2922. Disabled person permits.
22 § 2923. Endangered or threatened species permits.
23 § 2924. Falconry permits.
24 § 2925. Taxidermy permits.
25 § 2926. Protected specimen mounting permits.
26 § 2927. Regulated shooting grounds permits.
27 § 2928. Fur dealer permits.
28 § 2929. Propagating permits.
29 Subchapter C. Permits Relating to Hunting Dogs
30 § 2941. Dog training areas.
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1 § 2942. Special retriever training areas.
2 § 2943. Field dog trials.
3 § 2944. Field dog trials for retrievers.
4 § 2945. Fox chasing.
5 § 2946. Use of domestic quail to train dogs.
6 Subchapter D. Permits Relating to Wildlife
7 § 2961. Definitions.
8 § 2962. Exotic wildlife dealer permits.
9 § 2963. Exotic wildlife possession permits.
10 § 2964. Menagerie permits.
11 Section 2. Conforming amendments to Title 18.
12 Section 3. Conforming amendment to Title 30.
13 Section 4. Conforming amendments to Title 75.
14 Section 5. Transition provisions.
15 Section 6. Saving provision.
16 Section 7. Repeals.
17 Section 8. Effective date.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Title 34, act of November 25, 1970 (P.L.707,
21 No.230), known as the Pennsylvania Consolidated Statutes, is
22 amended by adding chapters to read:
23 TITLE 34
24 GAME
25 Chapter
26 1. Preliminary Provisions
27 3. Pennsylvania Wildlife Commission
28 5. Fiscal Affairs
29 7. Property and Buildings
30 9. Enforcement.
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1 21. Wildlife Protection
2 23. Hunting and Furtaking
3 25. Protection of Property and Persons
4 27. Hunting and Furtaking Licenses
5 29. Special Licenses and Permits
6 CHAPTER 1
7 PRELIMINARY PROVISIONS
8 Sec.
9 101. Short title of title.
10 102. Definitions.
11 103. Ownership, jurisdiction and control of wildlife.
12 104. Title not to apply in certain cases.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the "Wildlife
15 Code."
16 § 102. Definitions.
17 Subject to additional definitions contained in subsequent
18 provisions of this title which are applicable to specific
19 provisions of this title, the following words and phrases when
20 used in this title shall have, unless the context clearly
21 indicates otherwise, the meanings given to them in this section:
22 "Acknowledgment of guilt." A written statement admitting
23 guilt given by an accused individual to an officer or deputy
24 officer along with the payment of a fine which statement shall
25 have the same force and effect as though the person executing it
26 had availed himself of a hearing before proper authority and
27 been convicted of the offense of which he is accused.
28 "Animal." An organism of the animal kingdom, as
29 distinguished from the plant kingdom, including any part,
30 product, egg or offspring thereof, or the dead body or parts
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1 thereof (excluding fossils), whether or not included in a
2 manufactured product or in a processed food product.
3 "Arrow." A missile shot from a bow, having a slender shaft
4 with fletching or vanes at the butt and a pointed head without
5 any explosive, chemical or poison in the head or shaft and used
6 solely with a bow.
7 "Big game." Unless otherwise modified by regulation of the
8 commission, includes the elk, the deer, the bear and the wild
9 turkey.
10 "Birds." A member of the class Aves including any part,
11 product, egg or offspring thereof, or the dead body or parts
12 thereof (excluding fossils), whether or not included in a
13 manufactured product or in a processed food product.
14 "Blind." A man-made structure of any size, shape or design
15 constructed or arranged of any material in such a manner as to
16 conceal the body of any person, either in whole or part.
17 "Bow." A weapon which propels an arrow, is hand-held, hand-
18 drawn, held in the drawn position by hand and released by hand.
19 The term shall not be construed or interpreted to mean or
20 include what is commonly known as a cross-bow.
21 "Closed season." The periods of the calendar year and the
22 shooting hours during which it is unlawful to take wildlife.
23 "Commission." The Pennsylvania Wildlife Commission of the
24 Commonwealth.
25 "Conspire" or "conspiracy." The act or action of two or more
26 persons combining in any manner or degree to violate any
27 provisions of this title, either before or after the actual
28 commission of the offense, even though the offense is not
29 consummated.
30 "Contraband." Any wildlife, or part or product thereof, or
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1 any personal property including but not limited to firearms,
2 traps, boats, decoys, vehicles and attachments and property
3 designed for use in hunting and taking wildlife, when the
4 wildlife, or part or product thereof, or the personal property
5 is held in possession, transported or used or taken in violation
6 of any law the enforcement or administration of which is vested
7 in the commission. Contraband shall be forfeited to the
8 commission to be disposed of at the discretion of the director.
9 "Convicted." A person charged with an offense who has been
10 found guilty of the offense after a hearing before a qualified
11 authority. The execution of an "acknowledgment of guilt" or a
12 "plea of guilty" shall have the same effect.
13 "Director." The Executive Director of the Pennsylvania
14 Wildlife Commission.
15 "District justice." Includes a court of the minor judiciary
16 having jurisdiction over summary offenses generally.
17 "Domicile." That place where a person has a true, fixed and
18 permanent home and principal residence and to which, whenever
19 the person is temporarily absent, the person intends to return.
20 "Each." The whole or any part or parts, or manufactured
21 products containing the whole or any part or parts, of any
22 wildlife.
23 "Endangered species." All species and subspecies of wildlife
24 which:
25 (1) Have been declared by the Secretary of the United
26 States Department of the Interior to be threatened with
27 extinction and appear on the Endangered Species List or the
28 Native Endangered Species list published in the Federal
29 Register.
30 (2) Have been declared by the director to be threatened
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1 with extinction and appear on the Pennsylvania Endangered
2 Species List published in the Pennsylvania Bulletin.
3 "Fine shot." Pellets which are no larger than what is
4 commonly known as BBs. The term does not include buckshot.
5 "Firearm." An instrument used in the propulsion of shot,
6 shell, bullet or any other object by the action of gunpowder
7 exploded, explosive powder or the expansion of gas therein.
8 (1) "Automatic." Any firearm which discharges more than
9 once with a single pull of the trigger.
10 (2) "Semiautomatic." Any firearm which reloads without
11 aid of the shooter but fires only once with a single pull of
12 the trigger.
13 "Furbearers." Unless otherwise modified by regulation of the
14 commission, includes the mink, the muskrat, the opossum, the
15 otter, the skunk, the beaver, the raccoon, the weasel, the red
16 and gray fox, the coyote and the bobcat.
17 "Game." Includes "game animals" and "game birds."
18 "Game animals." Unless otherwise modified by regulation of
19 the commission, includes the elk, the deer, the bear, the wild
20 rabbit, the hare, the red, gray and fox squirrel and the
21 groundhog or woodchuck.
22 "Game birds." Unless otherwise modified by regulation of the
23 commission, includes geese, brant, wild ducks, mergansers and
24 swans; rails, coots and gallinules; snipe and woodcock; turkeys,
25 grouse, pheasants, partridges and quail; and wild doves.
26 "Green pelt." A pelt which is not dried, cured or tanned.
27 "Hunt" or "hunting." Any act or furtherance of the taking or
28 killing of any wildlife, or any part or product thereof, and
29 includes but is not limited to chasing, tracking, calling,
30 pursuing, lying in wait, trapping, shooting at or wounding with
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1 any weapon or implement, or using any personal property
2 including dogs, or the property of others, of any nature, in
3 furtherance of any of these purposes, or aiding, abetting or
4 conspiring with another person in that purpose.
5 "Management unit." Any geographic area defined and
6 designated by the commission for wildlife management purposes
7 which may consist of all or a part or parts of one or more
8 contiguous counties or management units and includes all lands
9 and waters therein.
10 "Migratory waterfowl." All species of wild ducks, geese,
11 brant, mergansers and swans.
12 "Nongame birds." Unless otherwise modified by regulation of
13 the commission, includes the common crow.
14 "Officer." Any wildlife conservation officer or deputy
15 wildlife conservation officer appointed by the commission or any
16 other person with law enforcement powers appointed by the
17 director to enforce this title.
18 "Open season." The indicated periods of the calendar year
19 and the daily shooting hours during which wildlife may be
20 legally hunted, taken or killed and includes both the first and
21 the last day of the season or period of time designated by this
22 title or by resolution of the commission.
23 "Part" or "parts." Any portion of tissue, flesh, or blood or
24 bone, or hide or skin, or hair, or feather of such substance,
25 size, volume or weight, as may be determined by a qualified
26 person, as belonging to the specie alleged, even though diluted
27 or contained in any manufactured product.
28 "Person." An individual, partnership, association,
29 corporation, political subdivision, municipal authority, the
30 Commonwealth or any other legal entity as the context requires.
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1 "Possession." The detention and control, or the manual or
2 ideal custody, of anything which may be the subject of property,
3 for one's use and enjoyment, either as owner or as the
4 proprietor of a qualified right in it, and either held
5 personally or by another who exercises it in one's place and
6 name. Possession includes the act or state of possessing and
7 that condition of facts under which one can exercise his power
8 over a corporeal thing at his pleasure to the exclusion of all
9 other persons. Possession includes constructive possession which
10 means not actual but assumed to exist where one claims to hold
11 by virtue of some title without having actual custody. The
12 presence in a vehicle of any kind or its attachments of any
13 unlawfully taken wildlife or unlawful device or contraband is
14 presumptive evidence of its possession by all persons occupying
15 the vehicle or its attachments.
16 "Protected birds." All wild birds not included within the
17 terms "game birds," "nongame birds" and "unprotected birds."
18 "Raptors." All falcons, hawks and owls, individually or
19 collectively, whether protected or unprotected.
20 "Resident." A person who is permanently domiciled within
21 this Commonwealth and has his principal home in this
22 Commonwealth to which he has the intention of returning whenever
23 he is absent.
24 "Shooting hours." The designated periods of time, including
25 any modification thereof by the commission, for the lawful
26 killing or taking of wildlife.
27 "Small game." All species of game birds and game animals not
28 classed as big game.
29 "Take." To harass, pursue, hunt for, shoot, wound, kill,
30 trap, capture, possess or collect any wildlife or attempt to
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1 harass, pursue, hunt for, shoot, wound, kill, trap, capture or
2 collect any wildlife.
3 "Taxidermy." The practice of mounting, arranging, posing,
4 preserving or freeze-drying wildlife, fish or reptiles in a
5 life-like position.
6 "Threatened species." All species and subspecies of wildlife
7 which:
8 (1) Have been declared by the Secretary of the United
9 States Department of the Interior to be in such small numbers
10 throughout their range that they may become endangered if
11 their environment worsens and appear on a Threatened Species
12 List published in the Federal Register.
13 (2) Have been declared by the director to be in such
14 small numbers throughout their range that they may become
15 endangered if their environment worsens and appear on the
16 Pennsylvania Threatened Species List published in the
17 Pennsylvania Bulletin.
18 "Title." The provisions of this title and any rules,
19 regulations, restrictions or guidelines which are adopted by the
20 commission and promulgated as required by law.
21 "Time." Official prevailing time.
22 "Transporting." To move from one place to another by any
23 means whatsoever.
24 "Trapping." The securing or attempting to secure possession
25 of wildlife by means of setting, placing or using any device
26 that is designed to close upon, hold fast, confine or otherwise
27 capture wildlife whether these means result in capturing or not.
28 It includes every act of assistance to any other person in
29 capturing wildlife by means of such device whether these means
30 result in capturing or not.
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1 "Unprotected animals." All wild animals not classed as game
2 animals or furbearers.
3 "Unprotected birds." Unless otherwise modified by regulation
4 of the commission, includes the European starling.
5 "Violation." A violation of a provision of this title
6 includes a violation of a regulation promulgated by the
7 commission which implements or otherwise pertains to any
8 provision of this title.
9 "Wild animals." All mammals other than domestic mammals.
10 "Wild birds." All birds other than domestic birds.
11 "Wildlife." Wild birds and wild animals or parts thereof,
12 regardless of classification, whether protected or unprotected.
13 § 103. Ownership, jurisdiction and control of wildlife.
14 The ownership, jurisdiction over and control of wildlife is
15 vested in the Commonwealth in its sovereign capacity to be
16 controlled, regulated and disposed of in accordance with this
17 title.
18 § 104. Title not to apply in certain cases.
19 None of the provisions or requirements of this title shall be
20 construed to apply to any member of the commission, or any of
21 its lawfully qualified representatives or duly appointed
22 officers or any other person charged with the enforcement of
23 this title, when acting in any manner for the Commonwealth. This
24 title shall not be construed to impose any liability upon any
25 person while acting in a lawful manner and within the
26 limitations of this title or performing any lawful duty or
27 function imposed or authorized by this title.
28 CHAPTER 3
29 PENNSYLVANIA WILDLIFE COMMISSION
30 Subchapter
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1 A. Organization, Officers and Employees
2 B. Powers and Duties in General
3 SUBCHAPTER A
4 ORGANIZATION, OFFICERS AND EMPLOYEES
5 Sec.
6 301. Organization of commission.
7 302. Executive director.
8 303. Wildlife conservation officers and employees.
9 304. Deputy wildlife conservation officers.
10 § 301. Organization of commission.
11 (a) Composition.--The independent administrative commission
12 known as the Pennsylvania Game Commission shall hereafter be
13 known as the Pennsylvania Wildlife Commission. The commission
14 shall consist of eight competent citizens of this Commonwealth
15 who shall be appointed by the Governor, by and with the advice
16 and consent of a majority of the members of the Senate.
17 (b) Qualifications.--The members of the commission shall be
18 appointed from the various geographical sections of this
19 Commonwealth so that one and only one shall be a resident of
20 each of the following districts:
21 (1) The Counties of Erie, Crawford, Mercer, Lawrence,
22 Venango, Butler, Warren, Forest and Clarion, constituting the
23 first district.
24 (2) The Counties of Beaver, Allegheny, Washington,
25 Greene, Armstrong, Indiana, Westmoreland and Fayette,
26 constituting the second district.
27 (3) The Counties of McKean, Elk, Jefferson, Potter,
28 Cameron, Clearfield, Clinton and Centre, constituting the
29 third district.
30 (4) The Counties of Cambria, Somerset, Blair, Bedford,
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1 Huntingdon and Fulton, constituting the fourth district.
2 (5) The Counties of Tioga, Lycoming, Union, Bradford,
3 Sullivan, Columbia, Montour and Northumberland, constituting
4 the fifth district.
5 (6) The Counties of Snyder, Mifflin, Juniata, Franklin,
6 Perry, Cumberland, Adams, Dauphin, York, Lebanon and
7 Lancaster, constituting the sixth district.
8 (7) The Counties of Susquehanna, Wyoming, Luzerne,
9 Lackawanna, Carbon, Wayne, Pike and Monroe, constituting the
10 seventh district.
11 (8) The Counties of Schuylkill, Berks, Chester,
12 Northampton, Lehigh, Bucks, Montgomery, Philadelphia and
13 Delaware, constituting the eighth district.
14 (c) Term of office and compensation.--The members of the
15 commission shall hold office for terms of eight years each and
16 shall receive no compensation for their services but may be
17 reimbursed for travel expenses.
18 (d) Vacancies.--Upon the death, resignation or removal from
19 office of any person so appointed, the Governor shall appoint a
20 competent person to serve for the unexpired term.
21 § 302. Executive director.
22 (a) Appointment.--The commission shall select an executive
23 director. No member of the commission nor anyone who has served
24 as a member of the commission within one year after service
25 shall be eligible for selection as director. The director shall
26 serve as such at the pleasure of the commission.
27 (b) Compensation.--Notwithstanding any provision of law to
28 the contrary, th commission shall fix the compensation of the
29 director.
30 (c) Function.--The director shall be the chief
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1 administrative officer of the commission and attend to its
2 administrative work and have charge of all activities under the
3 jurisdiction of the commission. The director shall be the chief
4 wildlife conservation officer and shall direct, supervise and
5 control all employees of the commission and report to the
6 commission any negligence, dereliction of duty or incompetence
7 on the part of any employee, with the facts relevant thereto,
8 and shall make any further reports as may be required by the
9 commission.
10 (d) Certification of commission action.--The director may
11 certify any action of the commission as being their official
12 act.
13 (e) Publications.--The director may have printed such
14 bulletins, posters, literature and other printing as may be
15 necessary to the work of the commission, including a magazine of
16 general interest to persons concerned with conservation of our
17 nature resources. The publications shall at all times be
18 maintained as a nonpartisan publication.
19 (f) Execution of contracts, leases and agreements.--The
20 director shall represent the commission in the execution of land
21 purchase contracts and in the execution of leases and other
22 similar agreements upon approval of the commission.
23 § 303. Wildlife conservation officers and employees.
24 (a) Appointment.--The commission shall appoint any number of
25 persons as wildlife conservation officers, assigned to field,
26 administrative or office duty, and other persons for other duty
27 as in its opinion may be necessary to fulfill the requirements
28 of this title.
29 (b) Status.--All personnel shall be employed in accordance
30 with the classification and compensation plans of the
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1 Commonwealth and regulations of the commission.
2 § 304. Deputy wildlife conservation officers.
3 (a) Appointment.--The commission may appoint deputy wildlife
4 conservation officers in such numbers as the commission deems
5 necessary. Except as otherwise provided, they shall possess the
6 rights and powers given by law to wildlife conservation officers
7 and be subject to all requirements and regulations, either of
8 the law or of the commission, controlling the action of wildlife
9 conservation officers.
10 (b) Compensation and expenses.--Deputy wildlife conservation
11 officers shall not be entitled to compensation for either time
12 or expenses incurred in the performance of their duties unless
13 specifically employed for special duties by written order. The
14 commission shall from time to time fix the rate of compensation
15 and allowable expenses for special duty services.
16 (c) Collection of fees.--Any deputy wildlife conservation
17 officer not specifically employed in writing for special duties
18 under subsection (b) shall, with written authorization of the
19 director, be entitled to collect the fees as are now or may
20 hereafter be paid to constables, to be assessed and collected as
21 costs of prosecution for services legally rendered in the
22 performance of any duties in the enforcement of this title.
23 SUBCHAPTER B
24 POWERS AND DUTIES IN GENERAL
25 Sec.
26 321. Meetings of commission.
27 322. Powers and duties of commission.
28 323. Cooperative agreements.
29 324. Cooperation with Federal Government.
30 § 321. Meetings of commission.
19820H2499B3347 - 21 -
1 (a) General rule.--The commission shall have an office in or
2 near Harrisburg and shall annually hold meetings at such office
3 in January and at such other times and places within this
4 Commonwealth as the commission shall designate for the
5 transaction of business.
6 (b) Annual election of officers.--At the meeting held in
7 January of each year the commission shall elect one of its
8 members as president and one of its members as vice president.
9 These officers shall hold office for a period of one year.
10 (c) Quorum.--Five members in attendance at each meeting
11 shall constitute a quorum.
12 § 322. Powers and duties of commission.
13 (a) General powers.--The commission has the power and duty
14 to take all actions necessary for the administration and
15 enforcement of this title.
16 (b) Specific powers and duties.--In order to administrate
17 and enforce this title, the commission through proper action
18 shall:
19 (1) Fix seasons, daily shooting or taking hours, and any
20 modification thereof, and daily, season and possession limits
21 for any species of wildlife. In any year the commission fails
22 to fix such seasons, the prior year's regulations shall
23 remain in effect.
24 (2) Remove protection, declare an open season or
25 increase, reduce or close season.
26 (3) Increase or reduce bag limits or possession limits.
27 (4) Define geographic limitations or restrictions.
28 (5) Fix the type and number of devices which may be used
29 to take wildlife.
30 (6) Limit the number of hunters or furtakers in any
19820H2499B3347 - 22 -
1 designated area and prescribe the lawful methods of hunting
2 or taking furbearers in these areas.
3 (7) Add to or change the classification of any wild bird
4 or wild animal.
5 (8) Prohibit the possession, importation, exportation or
6 release of any species of birds or animals which may be
7 considered dangerous or injurious to the wildlife of this
8 Commonwealth.
9 (9) Manage and develop its lands and waters and other
10 government or private lands and waters under agreement with
11 the owners as it considers advisable and, by proper action
12 and proceedings, enact and enforce regulations to insure the
13 prudent and proper use of these lands.
14 (10) Collect, classify and preserve such statistics,
15 data and information as in its judgment will tend to promote
16 the object of this title and take charge of and keep all
17 reports, books, papers and documents which shall, in the
18 discharge of its duties, come into its possession or under
19 its control.
20 (11) Take any necessary action to accomplish and assure
21 the purposes of this title.
22 § 323. Cooperative agreements.
23 The commission may enter into cooperative agreements with any
24 government agency, individual, corporation or educational or
25 research institution to further the programs of the commission.
26 § 324. Cooperation with Federal Government.
27 The Commonwealth assents to the provisions of the Federal
28 Wildlife Restoration Act (16 U.S.C. § 669 et seq.) in which the
29 Secretary of the Interior is authorized to cooperate with the
30 states through their respective fish or wildlife agencies in
19820H2499B3347 - 23 -
1 wildlife restoration projects including a prohibition against
2 the diversion of license fees paid by hunters to purposes other
3 than administration of the wildlife agency. The commission shall
4 perform such acts as may be necessary to the conduct and
5 establishment of these cooperative wildlife restoration projects
6 and in compliance with regulations promulgated thereunder.
7 CHAPTER 5
8 FISCAL AFFAIRS
9 Subchapter
10 A. General Provisions
11 B. The Wildlife Fund
12 C. Erection of Deterrent Fences
13 D. Payment of Bear Damage Claims
14 E. Review Procedures
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 501. Refund of moneys paid erroneously or unjustly.
19 502. Collection fee for uncollectible checks.
20 § 501. Refund of moneys paid erroneously or unjustly.
21 Whenever the director is satisfied that any fee, fine or any
22 other moneys paid into the Wildlife Fund under any of the
23 provisions of this title or any other statute were erroneously
24 or unjustly collected and deposited, the director, within two
25 years after the deposit, may authorize a requisition in favor of
26 the person from whom the money was erroneously or unjustly
27 collected for the amount involved. Upon receipt of such request,
28 the proper official shall draw a warrant in favor of the person
29 from whom the fee, fine or other money was erroneously or
30 unjustly collected.
19820H2499B3347 - 24 -
1 § 502. Collection fee for uncollectible checks.
2 (a) General rule.--Whenever any check or similar instrument
3 issued in payment of any fee or fine or for any other purpose
4 under this title is returned to the commission as uncollectible,
5 the person who makes, issues or presents the check or other
6 instrument shall be charged a reasonable fee established by the
7 commission to be credited to the Wildlife Fund. This fee shall
8 be in addition to any costs of prosecution or penalties assessed
9 as a result of the uncollectible check or instrument.
10 (b) Voidness for uncollectibility.--Any license, permit or
11 privilege granted by the uncollectible check or other instrument
12 shall be void until all fees are paid by a negotiable check or
13 instrument.
14 SUBCHAPTER B
15 THE WILDLIFE FUND
16 Sec.
17 521. Establishment and use of Wildlife Fund.
18 522. Appropriation of moneys.
19 523. Donations.
20 § 521. Establishment and use of Wildlife Fund.
21 Except as otherwise provided in this title, all fees,
22 royalties, fines, penalties and other moneys paid, received,
23 recovered and collected under the provisions of this title shall
24 be placed in a separate fund by the State Treasurer to be known
25 as the Wildlife Fund and shall be used solely for any
26 contingent, incidental or other expenses of any kind or
27 description reasonably necessary in carrying on the work of the
28 commission, including, but not limited to, the costs of
29 activities for the promotion of public interest in recreational
30 hunting and furtaking, nongame species, endangered or threatened
19820H2499B3347 - 25 -
1 species and all other wildlife in this Commonwealth and
2 administration of this title.
3 § 522. Appropriation of moneys.
4 All moneys in the Wildlife Fund are hereby appropriated to
5 the commission and may be expended for the purposes authorized
6 under this title.
7 § 523. Donations.
8 The commission may accept from any person donations which, if
9 in the form of money or securities, shall be placed in the
10 Wildlife Fund and used for the purposes set forth in this title
11 or, if in the form of real or personal property, shall be
12 utilized or disposed of as provided by law.
13 SUBCHAPTER C
14 ERECTION OF DETERRENT FENCES
15 Sec.
16 541. Authority to provide deterrent fences.
17 542. Investigation after receipt of application.
18 543. Purchase of materials and construction.
19 544. Maintenance, repair or replacement.
20 545. Request for review.
21 546. Limitation on expenditures for deterrent fencing.
22 547. Unlawful acts.
23 § 541. Authority to provide deterrent fences.
24 (a) Fences for deer or elk.--In areas of this Commonwealth
25 where deer and elk are present in excessive numbers on lands
26 open to public hunting and are, in a material way, injuring or
27 destroying farm crops, fruit orchards or commercial tree
28 nurseries where ornamental or fruit trees are grown for sale,
29 the owners or lessees of such farms, fruit orchards or
30 commercial tree nurseries may make application to the commission
19820H2499B3347 - 26 -
1 for assistance in the erection of a deterrent fence. Except
2 where produce is raised for market on a commercial basis, the
3 provisions of this section shall not apply to gardens or truck
4 patches.
5 (b) Fences for bears.--In areas of this Commonwealth where
6 bears are present on lands open to public hunting and are, in a
7 material way, damaging or destroying beehives where ten or more
8 hives are placed at one location, or imminent danger exists of
9 such damage or destruction, the owner of such beehives may make
10 application to the director for assistance in the erection of a
11 deterrent fence.
12 § 542. Investigation after receipt of application.
13 Upon receipt of any application under section 323 (relating
14 to cooperative agreements) or 541 (relating to authority to
15 provide deterrent fences), the commission shall investigate the
16 conditions prevailing on such property and adjacent territory.
17 If the investigation discloses the need of protection from deer,
18 elk or bear as would be provided by fencing, the commission may
19 enter into a written agreement with the applicant for the
20 erection of a deer, elk or bear deterrent fence of such height,
21 design, materials and type of construction as the commission
22 specifies.
23 § 543. Purchase of materials and construction.
24 (a) General rule.--The commission may purchase and deliver
25 to the applicant or applicants the required amount of wire
26 fencing, staples, insulators, posts or other materials necessary
27 to construct a deer, elk or bear deterrent fence approved by the
28 commission provided the applicant or applicants have agreed in
29 writing to construct the fence without cost to the commission
30 within six months from the day the fencing and other materials
19820H2499B3347 - 27 -
1 are delivered, in the case of a deer or elk deterrent fence, or
2 within seven days from the day the fencing and other materials
3 are delivered, in the case of a bear deterrent fence. In case
4 the fence is not completed within the stipulated time, the
5 commission may recover the materials it furnished at such time
6 and in such manner as desired or found practical. All fences
7 shall be constructed in accordance with plans and instructions
8 supplied and approved by the commission.
9 (b) Reimbursement of applicant for materials.--The
10 commission may, through prior written agreement with the
11 applicant, pay the applicant for any or all materials necessary
12 to construct a deterrent fence within the time limitations set
13 forth in subsection (a).
14 § 544. Maintenance, repair or replacement.
15 All fences, after erection, shall be maintained by the
16 individuals interested and the commission shall bear no part of
17 any future maintenance. Replacement of the deterrent fences when
18 worn out may be on the same basis as the erection of the
19 original fence. The commission shall decide when the replacement
20 deterrent fence is necessary.
21 § 545. Request for review.
22 Any dissatisfied applicant for deterrent fencing who is
23 unable to reach a mutual agreement with the commission may
24 request in writing that the director review the matter. The
25 request shall be made within ten days of the conclusion of the
26 discussions.
27 § 546. Limitation on expenditures for deterrent fencing.
28 The director shall not spend in excess of $100,000 annually
29 from the Wildlife Fund for the purchase of fencing and other
30 materials necessary for the erection of deer, elk or bear
19820H2499B3347 - 28 -
1 deterrent fences in accordance with the provisions of this
2 subchapter.
3 § 547. Unlawful acts.
4 (a) General rule.--It is unlawful for any person to make any
5 fraudulent or false claim, statement or report required by this
6 subchapter or to violate any other provision of this subchapter.
7 (b) Penalties.--A person who makes a fraudulent or false
8 claim, statement or report commits a summary offense of the
9 first degree. Any other violation of this subchapter is a
10 summary offense of the fifth degree.
11 SUBCHAPTER D
12 PAYMENT OF BEAR DAMAGE CLAIMS
13 Sec.
14 551. Authority for payment.
15 552. Investigation and settlement.
16 553. Payment of claim.
17 554. Request for review.
18 555. Limitation on expenditures for bear damage claims.
19 556. Unlawful acts.
20 § 551. Authority for payment.
21 The commission may pay for any damage done to livestock or
22 poultry or damage done to bees or bee-keeping equipment by bears
23 upon lands open to public hunting if the damages are reported to
24 an office of the commission within ten days of the damage and
25 the claims are presented in writing under oath. No claim for
26 damage to bees or their hives or bee-keeping equipment shall be
27 paid where the affected hives are located more than 300 yards
28 from the domicile of the owner or from the domicile of his
29 employee in charge thereof. All payments for bear damages shall
30 be restricted to persons domiciled in this Commonwealth.
19820H2499B3347 - 29 -
1 § 552. Investigation and settlement.
2 As soon as possible after the claim for damages is received,
3 an employee of the commission shall interview the claimant and
4 inspect the property reported as damaged, if not previously
5 inspected, to collect any additional evidence which may appear
6 necessary and effect a settlement of the claim when possible.
7 The representative of the commission shall have authority
8 immediately to seize any property for evidence which may be
9 returned to the owner upon refusal of the claim or disposed of
10 at the discretion of the director.
11 § 553. Payment of claim.
12 In all cases where an agreement between the commission's
13 representatives and the claimant is reached regarding the true
14 value of damage sustained and the director is satisfied that the
15 claim is reasonable and fair, a requisition shall be drawn upon
16 the Wildlife Fund in the amount mutually agreed upon.
17 § 554. Request for review.
18 When the commission's representatives and the claimant cannot
19 agree upon the value of the damages, the claimant may within ten
20 days of the conclusion of discussions request in writing that
21 the director review the matter.
22 § 555. Limitation on expenditures for bear damage claims.
23 The director shall not spend in excess of $50,000 annually
24 from the Wildlife Fund for the payment of bear damage claims
25 submitted and adjusted in accordance with the provisions of this
26 subchapter.
27 § 556. Unlawful acts.
28 (a) General rule.--It is unlawful for any owner or his
29 employee or other agent in charge of bees or bee-keeping
30 equipment, livestock or poultry to file a fraudulent claim for
19820H2499B3347 - 30 -
1 damage of any kind alleged to have been done by bears or for any
2 person to violate any other provision of this subchapter.
3 (b) Penalties.--A person who collects or attempts to collect
4 a fraudulent claim for damage by bears contrary to this
5 subchapter commits a summary offense of the first degree. Any
6 other violation of this subchapter is a summary offense of the
7 fifth degree.
8 SUBCHAPTER E
9 REVIEW PROCEDURES
10 Sec.
11 561. Appointment of hearing examiner.
12 562. Powers and duties of hearing examiner.
13 563. Conduct of review.
14 564. Finality of decision.
15 § 561. Appointment of hearing examiner.
16 Within 15 days following receipt of a request for review
17 under section 544 (relating to maintenance, repair or
18 replacement) or 545 (relating to request for review), the
19 director shall appoint a hearing examiner who shall select a
20 location and a time for hearing the review which location shall
21 be within the county of origin of the dispute. The applicant for
22 review or the commission employee investigating the claim may,
23 at the time of the review, appear personally or with counsel to
24 testify and present witnesses and evidence in their behalf and
25 to confront and examine witnesses. The hearing shall be
26 conducted in accordance with regulations promulgated by the
27 commission.
28 § 562. Powers and duties of hearing examiner.
29 (a) General rule.--The hearing examiner shall have the
30 following powers and duties:
19820H2499B3347 - 31 -
1 (1) Notify the parties of the place and time of the
2 review.
3 (2) Upon request, issue compulsory process for the
4 attendance of witnesses on behalf of the Commonwealth or the
5 applicant and grant any reasonable continuance of the inquiry
6 date and time as justice may require.
7 (3) Administer oaths to all persons testifying which
8 oaths shall in all ways be binding and of like effect as
9 oaths administered in any court of this Commonwealth.
10 (4) Arrange for and supervise the electronic or
11 stenographic recording of the proceedings and, if necessary,
12 the preparation of the transcript.
13 (b) Penalty.--A violation of this section is a summary
14 offense of the fourth degree.
15 § 563. Conduct of review.
16 The hearing examiner shall hear and examine all witnesses,
17 examine all evidence presented, if necessary visit any site
18 involved in any dispute and, following deliberation, arrive at a
19 decision including the award to the appellant.
20 § 564. Finality of decision.
21 The decision of the hearing examiner shall be final as to
22 findings of fact.
23 CHAPTER 7
24 PROPERTY AND BUILDINGS
25 Subchapter
26 A. Acquisition and Improvements
27 B. Control, Management and Disposition
28 C. Protection of Commission Property
29 SUBCHAPTER A
30 ACQUISITION AND IMPROVEMENTS
19820H2499B3347 - 32 -
1 Sec.
2 701. Acquisition of property.
3 702. Improvements to property.
4 703. Rights-of-way and other rights.
5 704. Certification of title or title insurance.
6 705. Price paid for acquisitions and improvements.
7 706. Title to property.
8 707. Designation of property.
9 708. Exemption from taxation.
10 709. Cooperative agreements relating to land.
11 § 701. Acquisition of property.
12 (a) General rule.--The commission may by purchase, gift,
13 lease, eminent domain or otherwise acquire within this
14 Commonwealth:
15 (1) Title to, or control of lands, waters, buildings,
16 oil, gas and minerals.
17 (2) Hunting rights, easements, rights-of-way or other
18 interests in land and water which are suitable for:
19 (i) The protection, propagation and management of
20 wildlife.
21 (ii) Public hunting and access thereto.
22 (iii) Administrative purposes.
23 (iv) Such other uses as are provided for in this
24 title.
25 (b) Consent required.--All acquisitions of lands shall be
26 made with the consent of a majority of the members of the
27 commission that are present and voting.
28 (c) Tax delinquent lands and waters.--The commission may
29 purchase tax delinquent lands, waters, oil, gas and minerals
30 from the commissioners or treasurers of the various counties as
19820H2499B3347 - 33 -
1 provided by law.
2 § 702. Improvements to property.
3 The commission may purchase, construct, repair and maintain
4 buildings and other improvements on lands acquired for its use
5 and under its control as may be necessary for their proper
6 utilization, maintenance, protection, development,
7 administration, propagation of wildlife, experimental or
8 research activities or any other purpose incident to wildlife,
9 hunting, furtaking or functions of the commission.
10 § 703. Rights-of-way and other rights.
11 The commission may lease or otherwise secure rights-of-way on
12 and across public or private lands and waters or other rights
13 which may be required to implement this title.
14 § 704. Certification of title or title insurance.
15 The title records for lands acquired shall first be carefully
16 searched and examined by the commission and when the commission
17 is satisfied that a valid title can be secured the commission
18 shall obtain a certificate of title from an attorney at law
19 employed by the commission or title insurance from a title
20 company authorized to do business within this Commonwealth
21 insuring the title to the commission of the lands being
22 acquired.
23 § 705. Price paid for acquisitions and improvements.
24 (a) Price for wildlife areas.--The commission may pay for
25 lands to be used as wildlife areas what it considers a fair and
26 reasonable price not to exceed $300 per acre exclusive of
27 Federal and other cost-sharing funds and consistent with the
28 market value of land in the locality in which the wildlife area
29 is located.
30 (b) Game farms and other areas.--The commission may pay for
19820H2499B3347 - 34 -
1 lands known as indentures or located within existing wildlife
2 areas or for lands to be used as rights-of-way to existing
3 wildlife areas or for lands to be used as State game farms what
4 it considers a fair and reasonable price.
5 (c) Purchase of outstanding rights.--The commission may pay
6 what is considers a fair and reasonable price to purchase
7 outstanding rights for timber, minerals, oil, gas or other
8 purposes for lands which the commission owns or is about to
9 acquire.
10 (d) Buildings and land.--The commission may purchase or
11 construct buildings for administration, management or other
12 purposes and may purchase land on which to construct the
13 buildings at a price the commission considers fair and
14 reasonable consistent with the purpose of the buildings or land.
15 (e) Overall limitation.--The commission may expend, subject
16 to the limitations of this section, for lands, buildings,
17 improvements or leases during any fiscal year an amount of money
18 which, in the opinion of the commission, can be allotted for
19 such purposes.
20 § 706. Title to property.
21 The title to any lands or waters acquired by purchase, gift,
22 exchange or otherwise shall be taken in the name of the
23 Commonwealth for the use of the commission.
24 § 707. Designation of property.
25 The commission may designate lands which it secures title to,
26 or partial control of, as required.
27 § 708. Exemption from taxation.
28 Lands, waters or buildings to which title has been acquired
29 in the name of or for the use of the commission shall be exempt
30 from the payment of all taxes except such fixed charges as apply
19820H2499B3347 - 35 -
1 to and are imposed upon State forests.
2 § 709. Cooperative agreements relating to land.
3 The commission may enter into cooperative agreements with
4 government agencies and with interstate compact agencies, singly
5 or in concert, for impounding, managing, using, maintaining and
6 operating lands and waters for wildlife management, public
7 hunting and furtaking and may expend moneys from the Wildlife
8 Fund for the cost of their acquisition, construction, operation
9 and maintenance. The commission may enter into similar
10 agreements and undertake similar expenditures in conjunction
11 with private or commercial interests for the same purposes.
12 SUBCHAPTER B
13 CONTROL, MANAGEMENT AND DISPOSITION
14 Sec.
15 721. Control of property.
16 722. Use of property.
17 723. Exchange or sale.
18 724. Disposition of timber, minerals and other products.
19 725. Rights-of-way, easements and licenses.
20 726. Leases.
21 727. Proceeds from sales and grants.
22 728. Propagation areas.
23 729. Public access projects.
24 § 721. Control of property.
25 (a) General rule.--The administration of all lands or waters
26 owned, leased or otherwise controlled by the commission shall be
27 under the control of the director and the commission shall
28 promulgate regulations consistent with the purpose of this title
29 for its use and protection as necessary to properly manage these
30 lands or waters.
19820H2499B3347 - 36 -
1 (b) Penalty.--A violation of regulations promulgated under
2 subsection (a) is a summary offense of the fifth degree.
3 § 722. Use of property.
4 (a) General rule.--All or any part of the lands and waters
5 to which title has been acquired for the use of the commission
6 or which have been leased may be used to create and maintain
7 public hunting and furtaking, wildlife propagation areas, farms
8 or facilities for the propagation or wildlife, special preserves
9 as provided for in this title or other uses incidental to
10 hunting, furtaking and wildlife resource management.
11 (b) Permits, licenses and leases.--The commission may issue
12 permits and licenses and enter into leases for uses of its lands
13 as it deems in the best interest of the commission at such
14 charge as it deems reasonable.
15 § 723. Exchange or sale.
16 The commission may, by resolution adopted by unanimous vote
17 at a meeting at which at least a majority of the members are
18 present and voting:
19 (1) Authorize the exchange of all or part, including
20 improvements and appurtenances, of any lands, waters or
21 buildings to which title has been acquired in return for
22 lands, waters or buildings having an equal or greater value
23 when the exchange is in the best interests of the commission.
24 (2) Exchange timber, minerals, oil or gas to which the
25 commission holds title for suitable lands having an equal or
26 greater value.
27 (3) Sell lands to the Department of Environmental
28 Resources for State forests or to the Federal Government for
29 National Forests or National Wildlife Refuges when in the
30 best interests of wildlife.
19820H2499B3347 - 37 -
1 § 724. Disposition of timber, minerals and other products.
2 The commission may dispose of, by lease, sale or otherwise,
3 timber, buildings, other appurtenances, minerals, oil and gas,
4 or rights therein, including natural gas storage, or any other
5 product, on or under lands to which it has title.
6 § 725. Rights-of-way, easements and licenses.
7 (a) General rule.--On and across lands to which title has
8 been acquired for its use, the director may, at such charge or
9 fee as the commission may establish, grant:
10 (1) Rights-of-way or licenses for roads, for pipe,
11 electric and other utility lines and for telephone, telegraph
12 and television lines or any other rights-of-way or licenses
13 not inconsistent with the purpose of these lands.
14 (2) Water rights or other rights to maintain airway
15 signals or forest fire observation towers when these rights
16 will not adversely affect the wildlife resource or the use of
17 the wildlife resource.
18 (3) Rights to erect, construct, maintain and operate
19 antennas, towers, stations, cables and other devices and
20 apparatus helpful, necessary or required for radio
21 broadcasting, telecasting, transmission, relaying or
22 reception of television.
23 (4) Rights to the Department of Transportation to
24 establish roadside rests and highway maintenance facilities
25 under regulations of the commission.
26 (5) Rights to any Federal or State agency or political
27 subdivision to construct, maintain and operate water
28 impoundments or flowage for flood control or recreational
29 use.
30 (b) Charges.--The commission may charge for these grants
19820H2499B3347 - 38 -
1 remuneration and damages as it deems the conditions and
2 circumstances warrant.
3 (c) Approval.--The director may approve the granting, lease
4 or exchange of any easement, right-of-way or license for use of
5 commission property.
6 § 726. Leases.
7 Notwithstanding any other provision of law, the director,
8 with the approval of the commission, may lease any land or
9 interests in land over which the commission exercises title or
10 control for a term not to exceed 25 years when the commission
11 determines the lease will promote public hunting or furtaking or
12 benefit the wildlife resource or will otherwise further the
13 interests of the commission.
14 § 727. Proceeds from sales and grants.
15 All proceeds from the sale of waters, timber, buildings,
16 other appurtenances, oil, gas or minerals, leases of commission
17 lands, waters or interests, rights from the production or sale
18 of minerals, oil or gas or other products and from licenses or
19 other rights granted by the commission shall be deposited in the
20 Wildlife Fund.
21 § 728. Propagation areas.
22 (a) General rule.--The commission may set aside, in its
23 discretion, areas as it may judge best for the protection and
24 propagation of wildlife on any portion of lands under its
25 control, either by title or lease, wherein wildlife shall not be
26 hunted, pursued, disturbed, molested, killed or taken at any
27 time except as may be authorized by the commission. The
28 commission may promulgate regulations governing conduct on or
29 within publicly or privately owned lands within this
30 Commonwealth with the approval of the proper authorities or
19820H2499B3347 - 39 -
1 person or persons owning or controlling same.
2 (b) Penalty.--A person hunting, taking, killing or
3 disturbing wildlife in a propagation area established under
4 subsection (a) or violating any regulation adopted pursuant to
5 subsection (a) commits a summary offense of the fifth degree. A
6 person entering a propagation area commits a summary offense of
7 the seventh degree.
8 § 729. Public access projects.
9 The commission may cooperate with private landowners and
10 others who desire to aid in the conservation of wildlife by
11 creating and maintaining public access projects. The hunting
12 rights for these lands shall be made available to the commission
13 by written agreement. The commission may authorize the director
14 to execute agreements and the commission shall promulgate such
15 regulations to govern these projects as it deems necessary.
16 SUBCHAPTER C
17 PROTECTION OF COMMISSION PROPERTY
18 Sec.
19 741. Commission actions for damage to buildings or property.
20 § 741. Commission actions for damage to buildings or property.
21 (a) Declaration of policy.--By virtue of the continued
22 expenditure of its funds and its efforts to provide as much land
23 as possible for recreational activities which are consistent
24 with the intent of this title, the commission has sufficient
25 interest in the maintenance and care of any lands, buildings,
26 appurtenances, waters and the flora, minerals, oil or gas
27 thereon to promulgate by proper action regulations which are
28 necessary to preserve and protect the users, improvements, lands
29 and buildings under its control.
30 (b) General rule.--The commission through proper action
19820H2499B3347 - 40 -
1 shall promulgate regulations to protect users, improvements,
2 lands and buildings under its control. These regulations shall
3 cover but not be limited to:
4 (1) Removal of any material.
5 (2) Damage of any kind.
6 (3) Any other regulations required to properly protect
7 and preserve these lands for their intended use.
8 (c) Penalty.--A violation of regulations promulgated under
9 this section is a summary offense of the fifth degree.
10 (d) Recovery of damages.--When any person causes damage to
11 commission controlled lands or buildings and a satisfactory
12 settlement in the form of a donation to the Wildlife Fund cannot
13 be reached between the director's designee and the person
14 responsible for the damages, the commission, as an agency of the
15 Commonwealth authorized to protect and preserve lands under
16 their control, may bring civil actions in trespass on behalf of
17 the Commonwealth for the value of any damage done or materials
18 of any kind removed from their lands or buildings. In addition,
19 the commission is entitled to recover the costs of gathering the
20 evidence, including testimony, in any civil action brought under
21 this section where the defendant is found liable for damages.
22 CHAPTER 9
23 ENFORCEMENT
24 Subchapter
25 A. General Provisions
26 B. Prosecution and Penalties
27 SUBCHAPTER A
28 GENERAL PROVISIONS
29 Sec.
30 901. Powers and duties of enforcement officers.
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1 902. Deputy wildlife conservation officers.
2 903. Status of wildlife conservation officers.
3 904. Delegation of enforcement powers.
4 905. Resisting an officer.
5 906. Assaulting an officer.
6 907. False or fraudulent statements on reports, etc.
7 908. Vehicle operation to avoid identification or inspection.
8 § 901. Powers and duties of enforcement officers.
9 Any officer whose duty it is to enforce this title or any
10 officer investigating any alleged violation of this title shall
11 have the power and duty to:
12 (1) Enforce all laws of this Commonwealth relating to
13 wildlife and arrest, with or without warrant, any person who
14 has violated any of the provisions of this title while in
15 pursuit of that person immediately following the violation.
16 (2) Go upon any land or water outside of buildings,
17 posted or otherwise, in the performance of the officer's
18 duty.
19 (3) Serve subpoenas issued under the provisions of this
20 title.
21 (4) Carry firearms or other weapons, concealed or
22 otherwise, in the performance of the officer's duties.
23 (5) Purchase and resell wildlife, or any part thereof,
24 for the purpose of securing evidence.
25 (6) Stop and inspect or search, at any time or place,
26 with or without warrant or colored warning light or audible
27 warning device, any means of transportation within this
28 Commonwealth. Any officer who stops any means of
29 transportation on any public highway shall be in uniform or
30 present a badge or other means of identification.
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1 (7) Inspect and examine or search, at any time or place,
2 with or without warrant, any person or means of
3 transportation or its attachment or occupants, or any
4 clothing worn by any person, or any bag, clothing or
5 container when the officer presents identification.
6 (8) Inspect and examine or search, at any time, with or
7 without warrant, any hunting party roster or any camp, tent,
8 cabin, trailer or any means of transportation or its
9 attachment being used where probable cause exists that a
10 violation of this title has been committed and the officer
11 presents identification to the person in charge.
12 (9) Secure and execute all warrants and search warrants
13 for violations of this title or, with proper consent, to
14 search or enter any building, dwelling, house, tavern, hotel,
15 boardinghouse, enclosure, vehicle or craft, to open, by
16 whatever means necessary, any door, compartment, chest,
17 locker, box, trunk, bag, basket, package or container and to
18 examine the contents thereof and seize any evidence or
19 contraband found therein.
20 (10) When making an arrest or an investigation or when
21 found in the execution of a search warrant, seize and take
22 possession of all wildlife or parts of wildlife which have
23 been taken, caught, killed, had or held in possession, and
24 seize all firearms, shooting or hunting paraphernalia,
25 vehicles, boats, conveyances, traps, dogs, decoys, automotive
26 equipment, records, papers, permits, licenses and all
27 contraband or any unlawful device, implement or other
28 appliance used in violation of any of the laws relating to
29 wildlife.
30 (11) Administer any oaths required by the provisions of
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1 this title or relative to any violation of any law relating
2 to wildlife and, where wildlife is found in a camp or in
3 possession or under control of any individual or hunting
4 party, question the person or persons, under oath, relative
5 to the taking, ownership or possession of the wildlife.
6 (12) Pursue, apprehend, investigate or arrest any
7 individual suspected of violating any provision of Title 18
8 (relating to crimes and offenses) or any other offense
9 classified as a misdemeanor or felony. They shall also have
10 the power to serve and execute warrants issued by the proper
11 authorities for offenses referred to in this paragraph and to
12 serve subpoenas and seize and obtain evidence or contraband.
13 All powers provided in this paragraph will be limited to the
14 administrative procedures as the director shall prescribe
15 with the approval of the commission.
16 (13) Demand and secure assistance when the officer deems
17 it necessary.
18 (14) Demand and secure identification from any person.
19 (15) Enforce all the laws of this Commonwealth and
20 regulations promulgated thereunder relating to fish, boats,
21 parks and forestry and other environmental matters, under the
22 direction of those agencies charged with the administration
23 of these laws.
24 (16) Require the holder of any license or permit
25 required by this title or by commission resolution to sign
26 the holder's name on a separate piece of paper in the
27 presence of the requesting officer.
28 § 902. Deputy wildlife conservation officers.
29 Except for the power conferred by section 901(12) (relating
30 to powers and duties of enforcement officers) which shall be
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1 restricted to emergencies when accompanying and assisting
2 wildlife conservation officers, deputy wildlife conservation
3 officers shall, unless further restricted by the director,
4 exercise all the powers and perform all the duties conferred by
5 this title on wildlife conservation officers.
6 § 903. Status of wildlife conservation officers.
7 This title does not change the status of wildlife
8 conservation officers for the purposes of the act of July 23,
9 1970 (P.L.563, No.195), known as the "Public Employe Relations
10 Act," or cause wildlife conservation officers to be considered
11 police officers for the purposes of the act of June 24, 1968
12 (P.L.237, No.111), referred to as the Policemen and Firemen
13 Collective Bargaining Act.
14 § 904. Delegation of enforcement powers.
15 Any person elected or employed by the Commonwealth or by any
16 municipality, whose duty it is to preserve the peace or to make
17 arrests or to enforce the laws of this Commonwealth, may be
18 designated and empowered by the director to enforce the
19 provisions of this title under policies established by the
20 director.
21 § 905. Resisting an officer.
22 When an officer is in the performance of any duty required by
23 this title, it is unlawful for any person to resist or interfere
24 in any manner or to any degree or to refuse to produce
25 identification upon request of the officer. A violation of this
26 section is a summary offense of the first degree.
27 § 906. Assaulting an officer.
28 A person who attempts to cause or causes bodily injury to an
29 officer making an arrest or investigation for a violation of
30 this title or performing any duties required by this title
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1 violates and shall be prosecuted under 18 Pa.C.S. § 2702(a)(2)
2 (relating to aggravated assault).
3 § 907. False or fraudulent statements on reports, etc.
4 A person who makes any false or fraudulent statement on any
5 report or application required by this title, or to any
6 representative of the commission commits a summary offense of
7 the fourth degree.
8 § 908. Vehicle operation to avoid identification or inspection.
9 A person who operates a motor vehicle, or craft of any kind,
10 without lights, or turns off any lights, or fails or refuses to
11 stop, for the purpose of avoiding identification or inspection
12 of its attachments, its contents or its passengers, anywhere
13 within this Commonwealth, upon request or signal of any officer
14 when the officer is in uniform or displays any other sign of
15 authority, commits a summary offense of the fourth degree.
16 SUBCHAPTER B
17 PROSECUTION AND PENALTIES
18 Sec.
19 921. Time for commencing prosecutions.
20 922. Rights and liabilities of minors.
21 923. Possession prima facie evidence of violation.
22 924. Liability for actions of others.
23 925. Jurisdiction and penalties.
24 926. Acknowledgment of guilt and receipt for payment.
25 927. Disposition of fine and penalties.
26 928. Disposition of fugitive property.
27 929. Revocation or denial of license, permit or registration.
28 930. Suspension of privileges pending payment of penalties.
29 931. Arrest of nonresident.
30 932. Determination of second or subsequent convictions.
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1 § 921. Time for commencing prosecutions.
2 Prosecutions for violating any provisions of this title shall
3 be commenced within two years.
4 § 922. Rights and liabilities of minors.
5 A person 12 years of age or older who is charged with a
6 violation of any provisions of this title or regulations
7 promulgated thereunder constituting a summary offense shall have
8 all the rights of an adult and may be prosecuted under the
9 provisions of this title in the same manner as an adult.
10 § 923. Possession prima facie evidence of violation.
11 In all cases of violation of any provision of this title, the
12 possession of wildlife or the possession or operation of
13 equipment or other devices unlawfully used or prohibited under
14 this title shall be prima facie evidence of the violation.
15 § 924. Liability for actions of others.
16 A person who causes an act or a failure to act to be done by
17 another person which, if directly performed by the person
18 causing the act or failure to act would be in violation of this
19 title, is punishable as a principal.
20 § 925. Jurisdiction and penalties.
21 (a) Jurisdiction.--District justices shall have jurisdiction
22 for all violations of this title which are classified as summary
23 offenses or misdemeanors.
24 (b) Fines for violations.--In addition to any other
25 requirements of this title, the following fines shall be imposed
26 for violations of this title:
27 (1) Misdemeanor of the first degree, not less than
28 $2,000 nor more than $10,000.
29 (2) Misdemeanor of the second degree, not less than
30 $1,000 nor more than $5,000.
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1 (3) Misdemeanor of the third degree, not less than
2 $1,000 nor more than $2,500.
3 (4) Summary offense of the first degree, $500.
4 (5) Summary offense of the second degree, $400.
5 (6) Summary offense of the third degree, $300.
6 (7) Summary offense of the fourth degree, $200.
7 (8) Summary offense of the fifth degree, $100.
8 (9) Summary offense of the sixth degree, $75.
9 (10) Summary offense of the seventh degree, $50.
10 (11) Summary offense of the eighth degree, $25.
11 (c) Penalty for undesignated violations.--A person who
12 violates any provision of this title for which a particular
13 penalty is not applicable commits a summary offense of the fifth
14 degree.
15 (d) Second and subsequent offenses.--Where wildlife is
16 taken, killed, wounded, possessed, transported, purchased,
17 concealed or sold and the offense is a second or subsequent
18 offense in a two-year period, one and one-half times the amount
19 of fine shall be imposed.
20 (e) Imprisonment for nonpayment of fines and costs.--Unless
21 otherwise provided in this title, each person who fails to
22 immediately pay the fine and costs imposed shall be imprisoned
23 one full day for each $10 of the fine and costs imposed and one
24 full day for any amount of fine and costs less than $10.
25 Additional imprisonment for nonpayment of fines and costs may be
26 imposed at the discretion of the district justice. No term of
27 imprisonment for nonpayment of fines and costs shall exceed 90
28 days.
29 (f) Separate offenses.--Where wildlife is unlawfully taken,
30 killed, wounded, possessed, transported, purchased, concealed or
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1 sold, each bird or animal or part thereof involved in the
2 violation constitutes a separate offense.
3 (g) Title 18 inapplicable.--Title 18 (relating to crimes and
4 offenses) is inapplicable to this title insofar as it relates to
5 fines and imprisonment for convictions of summary offenses and
6 misdemeanors.
7 § 926. Acknowledgment of guilt and receipt for payment.
8 (a) General rule.--A person charged with violating any
9 provision of this title which is a summary offense may sign an
10 acknowledgment of the offense committed and pay to an officer of
11 the commission the penalty in full, as fixed by this title, plus
12 any costs of prosecution which may have accrued. The printed
13 receipt for this payment shall only prove full satisfaction of
14 the monetary fine for the offense committed and in no way shall
15 limit the commission from further revoking hunting and furtaking
16 privileges.
17 (b) Notice of right to hearing.--Each acknowledgment of
18 guilt shall have printed on it a notice stating that the person
19 has the right to a hearing in a judicial proceeding.
20 (c) Stopping payment of check.--A person who makes payment
21 to the commission by personal check for an acknowledgment
22 pursuant to this title and who stops payment on the check or
23 issues a nonnegotiable check or instrument commits a summary
24 offense of the fifth degree. The official receipt for payment of
25 the penalty, issued by an officer, shall become void and the
26 prosecution of the person or persons named on the receipt shall
27 be allowed to continue.
28 § 927. Disposition of fine and penalties.
29 (a) General rule.--Fines recovered in all cases shall be
30 deposited in the Wildlife Fund in accordance with regulations
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1 promulgated by the commission.
2 (b) Penalty.--A person failing to forward fines in
3 accordance with this section commits a misdemeanor of the third
4 degree.
5 § 928. Disposition of fugitive property.
6 All guns, traps, dogs, boats, vehicles or conveyances, or any
7 device, implement or appliance, and other shooting, hunting or
8 furtaking paraphernalia seized under this title, where the owner
9 thereof escapes arrest and refuses to present himself and make
10 claim to the property, shall be held for a period of not less
11 than ten days after which time the property shall be sold. The
12 moneys arising from the sale shall be applied to any costs of
13 prosecution accrued and the remainder forfeited to the
14 commission.
15 § 929. Revocation or denial of license, permit or registration.
16 (a) General rule.--Any hunting or furtaking license, special
17 license or permit or registration granted under the authority of
18 this title may be revoked by the commission, in its discretion,
19 when the holder of the license, permit or registration is
20 convicted of an offense under this title or has acted contrary
21 to the intent of the license, special license, registration or
22 permit. The commission, in its discretion, may refuse to grant
23 to that person any new license, special license or permit or
24 registration and may deny any privilege granted by these
25 documents for a period not exceeding five years.
26 (b) Regulations.--The commission may promulgate regulations
27 specifying the procedures to be followed in revoking any hunting
28 and furtaking privileges, licenses, permits and registrations
29 granted under the provisions of this title.
30 § 930. Suspension of privileges pending payment of penalties.
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1 All privileges granted by this title shall automatically be
2 suspended if a defendant fails to respond to a citation or
3 summons or fails to pay all penalties in full within 60 days
4 following conviction.
5 § 931. Arrest of nonresident.
6 (a) General rule.--Upon the arrest, apprehension or citation
7 of a nonresident of this Commonwealth for any violation of this
8 title that is a summary offense, any officer whose duty it is to
9 enforce the provisions of this title shall, unless the defendant
10 elects to acknowledge guilt in accordance with section 926
11 (relating to acknowledgment of guilt and receipt for payment),
12 escort the defendant to the appropriate district justice for a
13 hearing, posting of bond or payment of the applicable fine and
14 costs, unless the defendant chooses to place the amount of the
15 applicable fine and costs in a stamped envelope addressed to the
16 appropriate district justice and mails the envelope in the
17 presence of the officer who shall issue the defendant a
18 citation.
19 (b) Procedure upon payment by mail.--If the defendant
20 accepts the citation and mails the amount of fine and costs
21 prescribed in subsection (a), he shall indicate the payment
22 constitutes a bond for a hearing based on a plea of not guilty.
23 The district justice shall then handle the case as a "plea
24 entered by mail."
25 (c) Form of payment.--The amount of fine and costs shall be
26 paid in cash, money order, certified check or guaranteed arrest
27 bond. The director may enlarge or restrict the type of payment
28 which may be made by mail.
29 § 932. Determination of second or subsequent convictions.
30 Any person convicted or pleading guilty or signing an
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1 acknowledgment of guilt under any provisions of this title who,
2 within the past two years, was convicted or pleaded guilty or
3 signed an acknowledgment of guilt for violating any of the
4 provisions of this title or the former laws relating to game or
5 wildlife then in force shall be sentenced under this title as a
6 second or subsequent offender.
7 CHAPTER 21
8 WILDLIFE PROTECTION
9 Subchapter
10 A. General Provisions
11 B. Wildlife Destruction for Agricultural Protection
12 C. Destruction of Wildlife in Self-defense
13 D. Protection of Wildlife
14 SUBCHAPTER A
15 GENERAL PROVISIONS
16 Sec.
17 2101. Administration of title.
18 2102. Regulations.
19 2103. Applicability of Federal laws.
20 § 2101. Administration of title.
21 The commission shall have the authority to administer and
22 enforce this title and all laws of this Commonwealth relating to
23 the encouragement, promotion and development of wildlife
24 conservation interests and the protection, propagation,
25 distribution and control over wildlife.
26 § 2102. Regulations.
27 (a) General rule.--The commission shall promulgate such
28 regulations as it deems necessary and appropriate concerning
29 wildlife and hunting or furtaking in this Commonwealth,
30 including regulations relating to the protection, preservation
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1 and management of wildlife and wildlife habitat, permitting or
2 prohibiting hunting or furtaking, the ways, manner, methods and
3 means of hunting or furtaking and the health and safety of
4 persons who hunt or take wildlife or may be in the vicinity of
5 persons who hunt or take wildlife in this Commonwealth.
6 (b) Seasons, possession, bag limits and devices.--The
7 commission shall promulgate regulations relating to seasons and
8 bag limits for hunting or furtaking, the possession of certain
9 species, the number and types of devices and equipment allowed,
10 the identification of devices and the use and possession of
11 devices. If in any year the commission fails to establish
12 regulations relative to seasons and possession limits for
13 hunting or furtaking, the regulations established for the prior
14 year shall remain in effect.
15 (c) Transportation, sale and disturbance of wildlife.--The
16 commission shall promulgate regulations concerning the
17 transportation, introduction into the wild, importation,
18 exportation, sale, offering for sale or purchase of wildlife or
19 the disturbing of wildlife in their natural habitat.
20 (d) Traps, firearms, ammunition and other devices.--The
21 commission shall promulgate regulations stipulating the size and
22 type of traps, the type of firearms and ammunition and other
23 devices which may be used, the manner in which and location
24 where the devices may be used, the species the devices may be
25 used for and the season when the devices may be used.
26 (e) Penalties.--
27 (1) Unless otherwise specifically provided, any person
28 convicted or pleading guilty to or pleading nolo contendere
29 to any violation of any regulation promulgated under this
30 title where any wildlife is unlawfully possessed, killed or
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1 taken or any attempt is made to unlawfully kill, take or
2 possess any wildlife shall be subject to the penalties
3 imposed under section 2307(e) (relating to the unlawful
4 taking or possession of wildlife).
5 (2) Unless otherwise specifically provided, any other
6 violation of any regulation of the commission is a summary
7 offense of the fifth degree.
8 § 2103. Applicability of Federal laws.
9 (a) General rule.--The provisions of the Federal Migratory
10 Bird Treaty Act (16 U.S.C. § 703 et seq.) or Federal Duck Stamp
11 Act (16 U.S.C. § 718 et seq.) are hereby made a part of this
12 title. Federal regulations shall not apply if commission
13 regulations or other provisions of this title prescribe stronger
14 or more detailed restrictions for the taking of migratory birds,
15 nongame birds or wildlife.
16 (b) Penalty.--Any violation of the regulations which the
17 commission is authorized to promulgate pursuant to these Federal
18 laws and which is not otherwise specifically covered in this
19 title is a summary offense of the fifth degree.
20 SUBCHAPTER B
21 WILDLIFE DESTRUCTION FOR AGRICULTURAL PROTECTION
22 Sec.
23 2121. Killing wildlife to protect property.
24 2122. Report to commission officer.
25 2123. Safekeeping edible carcass pending disposition.
26 2124. Retention of edible carcass for food.
27 2125. Surrender of carcass to commission officer.
28 2126. Unlawful activities.
29 § 2121. Killing wildlife to protect property.
30 (a) General rule.--Subject to any limitations in this
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1 subchapter, nothing in this title shall be construed to prevent
2 any person from killing any wildlife which the person may
3 witness actually engaged in the material destruction of
4 cultivated crops, fruit trees, vegetables, livestock, poultry or
5 beehives or from destroying the wildlife anywhere on the
6 property under the person's control, including detached lands
7 being cultivated for the same or similar purposes, immediately
8 following such destruction, or where the presence of the
9 wildlife on any cultivated lands or fruit orchards is just cause
10 for reasonable apprehension of additional imminent destruction.
11 Lands divided by a public highway shall not be construed as
12 detached lands. Any person who wounds any wildlife shall
13 immediately make a reasonable effort to find and kill the
14 wildlife. Every person shall comply with all other regulations
15 in this subchapter pertaining to the method and manner of
16 killing, reporting the killing and the disposition of wildlife
17 and their skins and carcasses.
18 (b) Protected wildlife.--Before any wildlife, which may be
19 designated by resolution of the commission, or any bird or
20 animal classified as threatened or endangered, may be killed,
21 every effort shall be made to live trap and transfer such
22 wildlife. The trapping and transfer shall be done in cooperation
23 with a representative of the commission.
24 (c) Definition.--As used in this subchapter the word
25 "person" shall be limited to any person cultivating, as a major
26 means of gaining a livelihood, any lands for general or
27 specialized crop purposes, truck farming or fruit orchard or
28 nursery being regularly maintained, as either the owner, lessee
29 or a member of the family assisting with the cultivation of the
30 land, or an employee of the owner or lessee, regularly and
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1 continuously assisting in the cultivation of the land.
2 § 2122. Report to commission officer.
3 Any person who kills any wildlife under the provisions of
4 this subchapter shall, within 12 hours, report the killing to an
5 officer of the commission. The report shall set forth the date,
6 time and place of the killing, the number of species killed and
7 the sex of the species.
8 § 2123. Safekeeping edible carcass pending disposition.
9 Except for the complete removal of the entrails, the entire
10 carcass, intact, of each edible bird or animal killed under the
11 provisions of this subchapter shall be held in a place of
12 safekeeping pending final disposition pursuant to this chapter.
13 § 2124. Retention of edible carcass for food.
14 (a) General rule.--Except as otherwise provided in
15 subsection (b), the carcass of one deer, bear or elk killed
16 under the provisions of section 2121 (relating to killing
17 wildlife to protect property) may be retained for food. All
18 portions of the carcass generally considered edible shall be
19 consumed only within the household of a person residing upon the
20 lands and having authority to kill and possess the wildlife. No
21 additional animals may be retained for food until the entire
22 carcass of the animal previously retained has been entirely
23 consumed. The head and hide of each deer, bear or elk killed and
24 retained for food shall be properly salted, placed in
25 safekeeping and turned over to a commission officer.
26 (b) Exceptions.--No carcass, or any part or parts thereof,
27 of any deer, bear or elk shall be retained for food, by any
28 person, if the animal was killed upon:
29 (1) Land within a wildlife deterrent fence provided by
30 the commission.
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1 (2) Land, or any part thereof, on which trespass for
2 hunting purposes is denied at any time.
3 (3) Land which is not the situs of the residence of the
4 person who killed the animal.
5 § 2125. Surrender of carcass to commission officer.
6 Except as otherwise provided in this subchapter, the entire
7 carcass, including the head and hide, of all big game animals
8 and the entire carcass of any other wildlife shall be delivered,
9 intact, except for the complete removal of the entrails, to any
10 commission officer calling for them.
11 § 2126. Unlawful activities.
12 (a) General rule.--It is unlawful for any person while
13 acting under the provisions of this subchapter to:
14 (1) Place any salt, bait or food of any kind or
15 quantity, or use any artificial means, for the purpose of
16 attracting or luring any wildlife upon any lands.
17 (2) Use any poison, chemical or explosives except that
18 traps may be used to take furbearers and groundhogs.
19 (3) Use any firearm except a center fire propelling a
20 single all lead, lead alloy, or expanding bullet or ball to
21 kill or attempt to kill any big game animal.
22 (4) Fail or neglect to report the killing of any
23 wildlife.
24 (5) Fail or neglect to care for the carcass, or any part
25 thereof, of any wildlife.
26 (6) Refuse to answer, without evasion, upon request of
27 any representative of the commission, any pertinent question
28 pertaining to the killing or wounding or the disposition of
29 any wildlife killed or wounded, or any part thereof.
30 (7) Fail to produce satisfactory evidence that material
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1 damage was done within the preceding 15 days and that there
2 was just cause for reasonable apprehension of additional
3 imminent destruction.
4 (8) Fail or refuse to relinquish to any officer the
5 entire carcass of any wildlife killed to which the person
6 killing the wildlife is not legally entitled thereto.
7 (9) Fail to comply with any other provision of this
8 subchapter.
9 (b) Penalties.--
10 (1) A violation of this subchapter pertaining to big
11 game animals is a summary offense of the fourth degree.
12 (2) A violation of this subchapter pertaining to any
13 other wildlife is a summary offense of the seventh degree.
14 (3) Each bird or animal involved in a violation
15 constitutes a separate offense.
16 SUBCHAPTER C
17 DESTRUCTION OF WILDLIFE IN SELF-DEFENSE
18 Sec.
19 2141. Killing wildlife to protect person.
20 § 2141. Killing wildlife to protect person.
21 (a) General rule.--It is unlawful for a person to kill any
22 wildlife as a means of protection unless it is clearly evident
23 from all the facts that a human is endangered to a degree that
24 the immediate destruction of the wildlife is necessary.
25 (b) Report, safekeeping and investigation.--A person killing
26 any wildlife under this subchapter shall report the event to an
27 officer as soon as possible following the incident but in no
28 case later than 12 hours, provide for safekeeping of the
29 wildlife intact at the place where it was killed and be
30 available for interview by the officer. The person killing the
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1 animal shall answer, without evasion, any pertinent questions of
2 the officer making the investigation.
3 (c) Exoneration.--At the conclusion of any investigation
4 when any wildlife is allegedly killed as protection to a person,
5 the officer may exonerate the person for the otherwise unlawful
6 killing of the wildlife. In all cases the officer shall seize
7 and dispose of the wildlife as required by this title or upon
8 instructions of the director.
9 (d) Prosecution.--Any officer making an investigation when
10 wildlife was allegedly killed as a protection to a person shall
11 proceed with prosecution as though the wildlife was unlawfully
12 killed if the officer is dissatisfied with the explanation of
13 the person killing the animal or if the physical facts of the
14 killing do not support and sustain the facts alleged by the
15 person killing the wildlife.
16 SUBCHAPTER D
17 PROTECTION OF WILDLIFE
18 Sec.
19 2161. Commonwealth actions for damage to wildlife.
20 2162. Unlawful importation of wildlife.
21 2163. Unlawful taking and possession of protected birds.
22 2164. Possession or interference with nests or eggs of birds.
23 2165. Unlawful sale of protected birds and plumage.
24 2166. Endangered or threatened species.
25 § 2161. Commonwealth actions for damage to wildlife.
26 (a) Declaration of policy.--The Commonwealth has sufficient
27 interest in wildlife living in a free state to give it standing,
28 through its authorized agents, to recover compensatory and
29 punitive damages in a civil action against any person who kills
30 any wildlife or who damages any wildlife habitat by pollution or
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1 any other act. The proprietary ownership, jurisdiction and
2 control of wildlife living free in nature is vested in the
3 Commonwealth by virtue of the continued expenditure of its funds
4 and its efforts to protect, perpetuate, propagate and maintain
5 the wildlife population as a renewable natural resource of this
6 Commonwealth.
7 (b) General rule.--The commission, as an agency of the
8 Commonwealth authorized to regulate, control, manage and
9 perpetuate wildlife, may, in addition to the penalties provided
10 in this title, bring civil actions in trespass on behalf of the
11 Commonwealth for compensatory and punitive damages for any
12 wildlife killed or any wildlife habitat injured or destroyed. In
13 determining the value of wildlife killed or habitat injured or
14 destroyed, the commission may consider all factors that give
15 value to the wildlife or habitat. These factors may include, but
16 need not be limited to, the commercial resale value, the
17 replacement costs or the recreational value of observing,
18 hunting or furtaking. In addition, the commission may recover
19 the costs of gathering the evidence, including expert testimony,
20 in any civil action brought under this section where the
21 defendant is found liable for damages.
22 § 2162. Unlawful importation of wildlife.
23 (a) General rule.--It is unlawful for any person to bring
24 or, in any manner, to have transported into this Commonwealth
25 from any other state or Nation, any living wildlife or the eggs
26 of any bird, the importation of which is prohibited by the
27 commission or under the provisions of any Federal law, or to
28 release within this Commonwealth any wildlife reared in
29 captivity or in a domestic state, the importation of which is
30 prohibited.
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1 (b) Further restrictions.--It is unlawful to bring into,
2 sell or possess any wildlife or the eggs of any bird or to
3 release within this Commonwealth, for any purpose, imported
4 wildlife or wildlife reared in captivity or in a domestic state
5 in this Commonwealth contrary to any regulations the commission
6 promulgates to safeguard the native wildlife of this
7 Commonwealth.
8 (c) Penalties.--Except for endangered or threatened species,
9 a person importing, selling, releasing or possessing wildlife or
10 the eggs of any bird contrary to any of the provisions of this
11 section or causing them to be released or imported, commits a
12 summary offense of the fifth degree. Each bird, egg or animal
13 involved in a violation constitutes a separate offense.
14 (d) Contraband.--Any wildlife or egg possessed by any person
15 contrary to this section is contraband.
16 § 2163. Unlawful taking and possession of protected birds.
17 (a) General rule.--Except as otherwise provided in this
18 title, it is unlawful for any person at any time to kill or
19 attempt or conspire to kill or take or attempt, assist, aid or
20 abet the taking of any protected birds or possess protected
21 birds, either living or dead, or any part thereof.
22 (b) Hawks, falcons or owls.--It is lawful for protected
23 hawks, falcons or owls to be lawfully taken and possessed for
24 use in falconry. Protected hawks, falcons or owls shall not be
25 bought, sold or bartered, or offered for sale or barter, or held
26 in possession for sale or barter.
27 (c) Mounting or retention in possession.--Except pursuant to
28 a permit issued by the commission, no protected bird or part
29 thereof shall be mounted or retained in possession.
30 (d) Penalties.--
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1 (1) A violation of this section is a summary offense of
2 the fifth degree for each protected bird or part thereof.
3 (2) A violation of this section relating to birds which
4 are listed as threatened or endangered is, in addition to any
5 other penalties, a misdemeanor of the third degree.
6 (e) Contraband.--Any wildlife or egg possessed by any person
7 contrary to this section is contraband.
8 § 2164. Possession or interference with nests or eggs of birds.
9 (a) General rule.--Except as otherwise provided in this
10 title, it is unlawful for any person to take or have in
11 possession or under control either the nest or any egg of any
12 game bird, nongame bird or protected bird or to interfere with
13 or destroy the nest or egg.
14 (b) Penalties.--
15 (1) A violation of this section is a summary offense of
16 the fifth degree for each nest or egg possessed.
17 (2) A violation of this section relating to birds which
18 are listed as threatened or endangered is, in addition to any
19 other penalties, a misdemeanor of the third degree for each
20 nest or egg possessed.
21 (c) Contraband.--Any nest or egg possessed by any person
22 contrary to this section is contraband.
23 § 2165. Unlawful sale of protected birds and plumage.
24 (a) General rule.--Except as otherwise provided in this
25 title, it is unlawful for any person, acting either for personal
26 interest or as the agent or representative of another, to have
27 any protected bird or any bird which belongs to the same family
28 as those found in a wild state in this Commonwealth or is
29 similar in appearance to any native protected bird, the eggs or
30 any part from such birds, in possession or under control for the
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1 purpose of sale or barter, or to offer or expose them for sale
2 or barter, or to transport, ship or remove, or attempt to
3 transport, ship or remove, from this Commonwealth, for any
4 purpose, any such bird, either living or dead, or the eggs or
5 any part thereof.
6 (b) Penalties.--
7 (1) A violation of this section is a summary offense of
8 the fifth degree for each bird or part thereof.
9 (2) A violation of this section relating to birds which
10 are listed as threatened or endangered is, in addition to any
11 other penalties, a misdemeanor of the third degree for each
12 bird or part thereof.
13 (c) Contraband.--Any protected bird or any egg or any part
14 thereof possessed contrary to this section is contraband.
15 § 2166. Endangered or threatened species.
16 (a) Changes to list.--The commission may by appropriate
17 action, add or remove any wild bird or wild animal native to
18 this Commonwealth to or from the Pennsylvania native list of
19 endangered or threatened species.
20 (b) Possession, transportation, capturing or killing.--
21 Except as otherwise provided in this title, it is unlawful for
22 any person, acting either for himself or as the representative
23 of another, to bring into or remove from this Commonwealth, or
24 to possess, transport, capture or kill, or attempt, aid, abet or
25 conspire to capture or kill, any wild bird or wild animal, or
26 any part thereof, or the eggs of any wild bird, which are
27 endangered or threatened species. It is the duty of every
28 officer having authority to enforce this title to seize all wild
29 birds or wild animals, or any part thereof, or the eggs of any
30 wild bird, which have been declared endangered or threatened. A
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1 violation of this subsection is a misdemeanor of the third
2 degree. All wild birds or wild animals, or any part thereof, or
3 the eggs seized which are found to be in violation of this
4 subsection are contraband.
5 (c) Purchase, sale, barter or exchange.--Except as otherwise
6 provided in this title, it is unlawful for any person, acting
7 either for himself or as a representative of another, at any
8 time to buy, sell, barter or exchange, or to offer for sale or
9 barter, or to have in possession for sale or barter, or to aid,
10 abet or conspire in the possession, sale, barter or exchange, or
11 to give away any endangered or threatened species or subspecies
12 of wild birds or wild animals, or parts thereof. It is the duty
13 of every officer having authority to enforce this title to seize
14 all endangered or threatened wild birds or wild animals, or any
15 part thereof. A violation of this subsection is a misdemeanor of
16 the second degree. All wild birds or wild animals, or any part
17 thereof, found to be in violation of this subsection are
18 contraband.
19 CHAPTER 23
20 HUNTING AND FURTAKING
21 Subchapter
22 A. General Provisions
23 B. Hunting Big Game
24 C. Hunting Small Game
25 D. Furtaking Regulations
26 E. Dogs Pursuing Wildlife
27 SUBCHAPTER A
28 GENERAL PROVISIONS
29 Sec.
30 2301. Prima facie evidence of hunting.
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1 2302. Hunting on Sunday prohibited.
2 2303. Ownership of carcass of wildlife.
3 2304. Feeding wildlife prohibited.
4 2305. Retrieval and disposition of killed or wounded wildlife.
5 2306. Killing wildlife by mistake.
6 2307. Unlawful taking or possession of wildlife.
7 2308. Unlawful devices and methods.
8 2309. Unlawful removal of wildlife from place of refuge.
9 2310. Unlawful use of lights while hunting.
10 2311. Restrictions on recreational spotlighting.
11 2312. Buying and selling game.
12 2313. Investigation and seizure of wildlife.
13 § 2301. Prima facie evidence of hunting.
14 For the purpose of this title, the following acts shall
15 constitute prima facie evidence of hunting:
16 (1) Possession of any firearm, bow and arrow, raptor,
17 trap or other device of any description usable for the
18 purpose of hunting or taking wildlife.
19 (2) Possession of the carcass or any part or parts of
20 any wildlife.
21 (3) Pursuing wildlife in any manner.
22 § 2302. Hunting on Sunday prohibited.
23 (a) General Rule.--Except as otherwise provided in this
24 title, it is unlawful for any person to hunt for or take any
25 furbearer or game on Sunday.
26 (b) Construction of section.--This section shall not be
27 construed to prohibit:
28 (1) The training of dogs.
29 (2) The participation in dog trials as provided for in
30 this title.
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1 (3) The removal of lawfully taken wildlife from traps or
2 the resetting of the traps on Sunday.
3 (c) Penalty.--A violation of this section is a summary
4 offense of the fifth degree.
5 § 2303. Ownership of carcass of wildlife.
6 (a) General rule.--The ownership of the carcass of wildlife
7 lawfully killed or taken shall be deemed to be in the person who
8 inflicts a mortal wound which enables that person to take
9 possession of the carcass.
10 (b) Officer not to arbitrate disputes.--No officer whose
11 duty it is to enforce this title shall be called upon to
12 arbitrate any dispute concerning the ownership of wildlife or to
13 testify concerning any such dispute.
14 § 2304. Feeding wildlife prohibited.
15 It is unlawful to place, set or lay any artificial or natural
16 bait, hay, grain, fruit, nut, salt, chemical, mineral or other
17 food as an enticement for wildlife, regardless of kind and
18 quantity, between June 1 and December 31 each year. A violation
19 of this section is a summary offense of the fourth degree.
20 Nothing in this section shall prevent the use of songbird
21 feeders which are placed near a person's principle abode.
22 § 2305. Retrieval and disposition of killed or wounded
23 wildlife.
24 (a) General rule.--It is unlawful for any person who kills
25 or wounds any wildlife to refuse or neglect to make a reasonable
26 effort to retrieve, retain or lawfully dispose of such wildlife.
27 (b) Penalty.--A violation of this section is a summary
28 offense of the fourth degree.
29 § 2306. Killing wildlife by mistake.
30 (a) General rule.--Any person who, while hunting or trapping
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1 for wildlife which may be lawfully taken, by accident or mistake
2 kills or attempts to kill any wildlife other than bears, elk or
3 threatened or endangered species, contrary to the provisions of
4 this title, shall pay restitution pursuant to subsection (b) to
5 an authorized representative of the commission. The person shall
6 immediately remove all the entrails of any edible wildlife,
7 deliver the entire carcass to any commission officer in the
8 county in which killed for disposition and make a written
9 statement under oath explaining when, where and how the accident
10 or mistake occurred.
11 (b) Restitution.--Restitution for killing or an attempted
12 killing by accident or mistake shall be as prescribed by the
13 commission.
14 (c) Prosecution optional.--If the officer receiving the
15 payment and written statement after further review and
16 investigation is not satisfied the killing or attempted killing
17 was an accident or a mistake but was caused by negligence or
18 carelessness or if the person fails to pay the prescribed
19 restitution within ten days, the officer shall cause the person
20 to be prosecuted for the unlawful killing or attempted killing
21 of wildlife and, if convicted, any amount paid shall be applied
22 to the payment of the penalty and costs.
23 § 2307. Unlawful taking or possession of wildlife.
24 (a) General rule.--It is unlawful for any person to aid,
25 abet, attempt or conspire to hunt for or take or possess, use,
26 transport or conceal any wildlife, unlawfully taken or not
27 properly marked or any part thereof, or to hunt for, trap, take,
28 kill, transport, conceal, possess or use any wildlife contrary
29 to the provisions of this title.
30 (b) Burden of proof.--The burden of proof that wildlife, or
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1 any part thereof, found in the possession of any person after
2 the close of the open season was lawfully taken shall be upon
3 the person in whose possession the wildlife, or part thereof, is
4 found.
5 (c) Retention of wildlife lawfully taken.--Except as fixed
6 by regulation of the commission, wildlife lawfully taken within
7 this Commonwealth during the open season may be retained by
8 residents until the end of the license year in which taken.
9 (d) Wild birds and wild animals taken outside
10 Commonwealth.--Nothing in this title shall prohibit the
11 possession, at any time, of wild birds or wild animals lawfully
12 taken outside of this Commonwealth which are tagged and marked
13 in accordance with the laws of the state or nation where the
14 wild birds or wild animals were taken. It is unlawful to
15 transport or possess wild birds or wild animals from another
16 state or nation which have been unlawfully taken, killed or
17 exported.
18 (e) Penalties.--A violation of this section relating to:
19 (1) Threatened or endangered species is a misdemeanor of
20 the third degree.
21 (2) Elk or bear is a summary offense of the first
22 degree.
23 (3) Deer, bobcat or otter is a summary offense of the
24 second degree.
25 (4) Wild turkey or beaver is a summary offense of the
26 fourth degree.
27 (5) Any other wildlife is a summary offense of the fifth
28 degree.
29 § 2308. Unlawful devices and methods.
30 (a) General rule.--Except as otherwise provided in this
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1 title, it is unlawful for any person to hunt or take or aid,
2 abet, assist or conspire to hunt or take any wildlife through
3 the use of:
4 (1) An automatic firearm or similar device.
5 (2) A semiautomatic rifle or pistol.
6 (3) A crossbow.
7 (4) A semiautomatic shotgun or magazine shotgun for
8 hunting or taking small game, furbearers, turkey or
9 unprotected birds unless the shotgun is plugged to a two
10 shell capacity in the magazine.
11 (5) Any device operated by hand, spring-air, chemical or
12 gas by which a projectile of any size or kind can be
13 discharged or propelled.
14 (6) Any call or sound or imitation of calls or sounds
15 prohibited by regulations of the commission.
16 (7) A vehicle or conveyance of any kind or its
17 attachment.
18 (8) Any artificial or natural bait, hay, grain, fruit,
19 nut, salt, chemical, mineral or other food as an enticement
20 for wildlife, regardless of kind and quantity, or take
21 advantage of any such area or food or bait prior to 30 days
22 after the removal of such material and its residue or hunt
23 within 500 yards of such area. The ignorance of the existence
24 or presence of such material shall not be a defense.
25 (9) Any setgun, net, bird lime, deer lick, pit or pit
26 fall, blind or turkey pen or any explosive, poison or
27 chemical of any kind.
28 (10) Any other device or method of any kind prohibited
29 by this title.
30 (b) Penalties.--
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1 (1) A violation of subsection (a)(1), (2), (3), (4) or
2 (5) is a summary offense of the fifth degree.
3 (2) A violation of subsection (a)(7) is a summary
4 offense of the third degree.
5 (3) A violation of any other provision of this section
6 is a summary offense of the fourth degree.
7 § 2309. Unlawful removal of wildlife from place of refuge.
8 (a) General rule.--It is unlawful for any person to dig for
9 or cut any dead or living tree or use smoke or any other method
10 to take any wildlife out of its place of refuge or den.
11 (b) Woodchuck in cultivated fields.--Woodchucks may be dug
12 out of their dens in cultivated fields by any person who, if not
13 the owner, lessee or occupant or members of their families or
14 hired help thereof, shall first secure permission of the person
15 in charge of the property and, immediately after the removal of
16 the woodchuck, replaces the earth and level off the area dug
17 out.
18 (c) Penalty.--A violation of this section is a summary
19 offense of the fifth degree.
20 § 2310. Unlawful use of lights while hunting.
21 (a) General rule.--Except as set forth in subsection (b), it
22 is unlawful for any person or group of persons to engage in any
23 of the following activities to any degree:
24 (1) Cast the rays of an artificial light of any kind on
25 any wildlife or in an attempt to locate any wildlife while on
26 foot, in any vehicle or its attachments, on any watercraft or
27 any airborne craft while in possession of a firearm of any
28 kind, or a bow or arrow, or any implement or device with
29 which any wildlife could be killed or taken even though no
30 wildlife is shot at, injured or killed.
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1 (2) Aid, assist or conspire either in the killing or
2 taking or in an attempt to kill, take, possess, transport or
3 conceal any wildlife or a part thereof which has been killed
4 or taken by use of any artificial light.
5 (3) Operate, allow or permit any vehicle or its
6 attachments, any watercraft or any airborne craft to be used
7 for killing or taking or attempting to kill or take any
8 wildlife by use of the rays of any artificial light.
9 (b) Exceptions.--Any person on foot may use an artificial
10 light normally carried on the person to take raccoons, skunks,
11 opossum or foxes.
12 (c) Penalties.--A violation of this section is a summary
13 offense of the fifth degree. In addition thereto, if any attempt
14 is made to take any wildlife or if any firearm or implement
15 capable of killing or wounding wildlife is possessed, the person
16 or persons shall be sentenced to the additional penalties of:
17 (1) For each endangered or threatened species, a fine of
18 $1,000 and forfeiture of the privilege to hunt or take
19 wildlife anywhere within this Commonwealth for a period of
20 ten years.
21 (2) For each elk or bear, a fine of $500 and forfeiture
22 of the privilege to hunt or take wildlife anywhere within
23 this Commonwealth for a period of five years.
24 (3) For each deer, bobcat or otter, a fine of $400 and
25 forfeiture of the privilege to hunt or take wildlife anywhere
26 within this Commonwealth for a period of three years.
27 (4) For each turkey, a fine of $200 and forfeiture of
28 the privilege to hunt or take wildlife anywhere within this
29 Commonwealth for a period of two years.
30 (5) For each other bird or animal, a fine of $100 and
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1 forfeiture of the privilege to hunt or take wildlife anywhere
2 within this Commonwealth for a period of one year.
3 (d) Contraband.--Any craft or vehicle or attachments
4 thereto, and all artificial lights and any firearm or
5 paraphernalia being unlawfully used, and any wildlife unlawfully
6 taken, killed or possessed are contraband.
7 § 2311. Restrictions on recreational spotlighting.
8 (a) Building restriction.--It is unlawful for any person to
9 cast or to assist in any manner any other person to cast the
10 rays of a spotlight, vehicle headlight or any other artificial
11 light of any kind from any vehicle, watercraft, airborne craft
12 or any attachment to such vehicles or crafts upon any building
13 at any time.
14 (b) Time restriction.--It is unlawful for any person to cast
15 or to assist in any manner any other person to cast the rays of
16 a spotlight, vehicle headlight or any other artificial light of
17 any kind from any vehicle, watercraft or airborne craft or any
18 attachments to such vehicle or craft to search for or locate for
19 any purpose any wild bird or wild animal anywhere within this
20 Commonwealth daily between the hours of 11 p.m. and sunrise on
21 the following day or any time from October 1 through December 31
22 of each year. The times referred to in this subsection shall be
23 prevailing times.
24 (c) Penalty.--
25 (1) Between January 1 and September 30, a violation of
26 this section is a summary offense of the seventh degree.
27 (2) For the remainder of the year, a violation of this
28 section is a summary offense of the fourth degree.
29 § 2312. Buying and selling game.
30 (a) General rule.--Unless otherwise provided, it is unlawful
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1 for any person to buy, sell or barter, or aid, abet, assist or
2 conspire to buy, sell or barter, or offer for sale or barter, or
3 have in possession for sale or barter, any game or the edible
4 parts of game or any protected bird or animal or parts of any
5 protected bird or animal.
6 (b) Imported game.--It is unlawful for any person to sell or
7 barter, or offer for sale or barter, any wildlife protected by
8 this title imported either dead or alive from another state or
9 nation unless there is attached to the carton containing the
10 wildlife or to the individual carcasses a tag identifying the
11 wildlife in plain English and giving the state or nation from
12 which originally shipped.
13 (c) Exception.--Nothing in this section shall be construed
14 to prevent the purchase or sale of game raised under authority
15 of a propagating permit in this Commonwealth or the capture and
16 sale of wildlife after securing a permit from the director and
17 payment of any fees established by the commission or the
18 purchase or sale of the tanned, cured or mounted heads or skins,
19 or parts thereof, of any wildlife not killed in a wild state in
20 this Commonwealth, or the sale or purchase of any inedible part
21 thereof, from wildlife lawfully killed, if such parts are
22 disposed of by the original owner within 90 days after the close
23 of the previous open season. Prior to selling parts of game
24 under the provisions of this subsection, all edible parts shall
25 be removed. This subsection shall not be construed to permit any
26 individual or agency other than the commission to sell the skins
27 of wildlife killed as a protection to crops, or accidentally
28 killed upon the highways, or seized as contraband.
29 (d) Penalty.--A violation of this section relating to:
30 (1) Elk or bear is a summary offense of the first degree
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1 and results in forfeiture of the privilege to hunt or take
2 wildlife anywhere within this Commonwealth for a period of
3 five years.
4 (2) Deer or bobcat or otter is a summary offense of the
5 second degree and results in forfeiture of the privilege to
6 hunt or take wildlife anywhere within this Commonwealth for a
7 period of three years.
8 (3) Wild turkey or beaver is a summary offense of the
9 fourth degree and results in forfeiture of the privilege to
10 hunt or take wildlife anywhere within this Commonwealth for a
11 period of two years.
12 (4) Each other wild bird or wild animal is a summary
13 offense of the fifth degree and results in forfeiture of the
14 privilege to hunt or take wildlife anywhere within this
15 Commonwealth for a period of one year.
16 § 2313. Investigation and seizure of wildlife.
17 (a) Response to questions.--The operator of any vehicle or
18 craft transporting any wildlife shall answer, without evasion,
19 any pertinent question posed by a commission officer.
20 (b) Seizure.--Any officer making an inquiry pursuant to
21 subsection (a) who is not satisfied as to the legal possession
22 or ownership of the wildlife being transported may seize and
23 take possession of the wildlife pending further investigation.
24 If, after appropriate investigation, the officer is satisfied
25 that the wildlife was lawfully taken, possessed and transported,
26 the seized wildlife shall be returned to the owner. If
27 unsatisfied after investigation, the officer may institute
28 appropriate action under this title.
29 (c) Penalty.--A violation of this section is a summary
30 offense of the fifth degree.
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1 (d) Contraband.--Any game transported in violation of this
2 section is contraband.
3 SUBCHAPTER B
4 HUNTING BIG GAME
5 Sec.
6 2321. Unlawful killing or taking of big game animals.
7 2322. Prohibited devices and methods.
8 2323. Tagging and reporting big game kills.
9 2324. Roster of parties hunting big game.
10 2325. Cooperation after lawfully killing big game.
11 2326. Excess kill of big game.
12 2327. Subsequent kill if big game unfit for human consumption.
13 2328. Shipping or transporting big game.
14 § 2321. Unlawful killing or taking of big game animals.
15 (a) General rule.--Except as provided in this title or by
16 any regulation of the commission, it is unlawful for any person
17 to:
18 (1) Kill or take or attempt or conspire to kill or take
19 in any manner more than the lawful number of big game animals
20 which may be taken in any license year.
21 (2) Possess or transport in any manner any big game
22 animal which was unlawfully killed or taken.
23 (3) Assist, aid or abet or conspire to assist, aid or
24 abet in any manner any other person in the violation of
25 paragraph (1) or (2).
26 (b) Exception.--This section shall not be construed to
27 prohibit the transportation of one or more big game animals
28 which are lawfully killed and properly tagged in or on any motor
29 vehicle or its attachments.
30 (c) Evidence of unlawful killing.--Unless the head is
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1 attached in a natural manner, the possession, transportation or
2 control of any big game animal or a substantial part or parts of
3 such animal shall be prima facie evidence that the big game
4 animal was unlawfully killed within this Commonwealth. Under
5 such circumstances, the person possessing, transporting or
6 controlling the big game animal shall immediately, upon demand
7 of an officer of the commission, produce the head or the name
8 and address of the person killing the animal or other
9 satisfactory evidence that the carcass in possession or under
10 the person's control is part of a lawfully taken big game
11 animal.
12 (d) Penalty.--
13 (1) A violation of this section relating to bear or elk
14 is a summary offense of the first degree.
15 (2) A violation of this section relating to any other
16 big game animal is a summary offense of the second degree.
17 (3) Each animal or part thereof involved in a violation
18 constitutes a separate offense.
19 § 2322. Prohibited devices and methods.
20 (a) General rule.--Except as otherwise provided in this
21 title or commission regulation, no person shall hunt, kill or
22 take or attempt, aid, abet, assist or conspire to hunt, kill or
23 take any big game animal with any of the following devices or
24 methods:
25 (1) Any device other than a center fire or muzzle-
26 loading firearm or bow and arrow.
27 (2) Any firearm propelling more than one projectile.
28 (3) Any projectile which is not all lead or which is not
29 designed to expand on contact.
30 (4) When any big game animal is swimming.
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1 (5) By any other method or device which is not
2 specifically authorized or permitted by this title or
3 commission regulation.
4 (b) Penalty.--A violation of this section is a summary
5 offense of the fifth degree.
6 (c) Contraband.--Any big game animal killed contrary to this
7 section is contraband.
8 § 2323. Tagging and reporting big game kills.
9 (a) Tags issued with licenses.--
10 (1) Each licensed person who kills a big game animal or
11 bird shall, immediately after the killing and before removing
12 the animal or bird from the location of the killing, fully
13 complete the proper game kill tag in compliance with the
14 instructions printed on the tag and attach only the game kill
15 tag to the animal or bird. The attached game kill tag shall
16 remain on the animal or bird until such time as the animal or
17 bird is processed for consumption.
18 (2) Within five days of the kill, the person shall fill
19 in completely the report card supplied with the hunting
20 license for reporting big game animals or birds killed and
21 shall mail the report card to the commission at Harrisburg.
22 (b) Killings by persons without license.--Any person not
23 required to secure a license who lawfully kills a big game
24 animal or bird shall make and attach a tag to the animal or bird
25 which contains in plain English the person's name, address,
26 date, township, if known, and county where the animal or bird
27 was killed. Within five days following the kill, the person
28 shall mail on a postcard to the commission at Harrisburg, a
29 statement setting forth the information required on the tag and
30 the sex of the animal or bird.
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1 (c) Licenses issued without tags.--Any person who is issued
2 a license without the required tags or accompanying report cards
3 and who kills a big game animal or bird shall comply with the
4 provisions of subsection (b) and shall also place the license
5 number and letter on the tag and postcard report.
6 (d) Existing tags invalidated by replacement license.--The
7 issuance of any replacement license shall automatically
8 invalidate any remaining game kill tags issued with the lost
9 license and the only valid game kill tags shall be those issued
10 with the replacement license last procured. It is unlawful to
11 use any game kill tag invalidated by this subsection to tag any
12 big game animal or bird.
13 (e) Duplicated tags unlawful.--It is unlawful to prepare and
14 use any duplicated game kill tag or to use any game kill tag to
15 mark a second big game animal or bird or to remove any tag from
16 a big game animal or bird contrary to the provisions of this
17 title.
18 (f) Possession of tags after killing legal limit.--It is
19 unlawful for any person, after killing the legal limit of big
20 game animals or birds, to be in possession of a big game kill
21 tag while in the fields, forests or on the water or highways
22 within or bordering on this Commonwealth.
23 (g) Penalty.--A violation of this section is a summary
24 offense of the fifth degree.
25 (h) Contraband.--Any big game animal or bird or any other
26 wildlife found in possession of any person contrary to this
27 section is contraband.
28 § 2324. Roster of parties hunting big game.
29 (a) Power of commission.--The commission may establish
30 roster requirements and limitations applicable to groups or
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1 parties of persons hunting together or in unison or in any other
2 manner cooperating with others while hunting for big game.
3 (b) Inspection of roster.--Each roster shall be open to
4 inspection at any time by any officer of the commission and
5 shall be produced in the field upon demand of any commission
6 officer.
7 (c) Penalty.--A violation of this section is a summary
8 offense of the fifth degree.
9 § 2325. Cooperation after lawfully killing big game.
10 (a) General rule.--It is unlawful for any person who has
11 lawfully killed a big game animal to hunt for or cooperate with
12 any other person hunting for big game animals while carrying a
13 firearm of any kind, a bow and arrow or any other device capable
14 of killing a big game animal.
15 (b) Penalty.--A violation of this section is a summary
16 offense of the fourth degree.
17 § 2326. Excess kill of big game.
18 (a) General rule.--It is unlawful for any body of persons
19 hunting in unison or cooperating in any manner with each other
20 while hunting to kill or be in possession of more than the
21 lawful number of big game animals or birds as fixed by
22 commission regulation.
23 (b) Individual liability.--Every person hunting together or
24 in any manner cooperating with others in hunting for big game
25 animals or birds shall be individually liable for the penalty
26 imposed for each big game animal or bird killed in excess of the
27 number set by commission regulation.
28 (c) Excess kill delivered to commission.--In all
29 circumstances where more than the lawful number of big game
30 animals or birds are killed by a hunting party, any excess
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1 animals shall be turned over to the nearest salaried officer of
2 the commission within 12 hours after killing.
3 (d) Penalties.--
4 (1) Any violation of this section relating to a bear or
5 elk is a summary offense of the second degree.
6 (2) Any violation of this section relating to any other
7 big game animal or bird is a summary offense of the fourth
8 degree.
9 (e) Contraband.--Any big game or wild animal killed contrary
10 to this section is contraband.
11 § 2327. Subsequent kill if big game unfit for human
12 consumption.
13 Any person who legally kills any big game and discovers that
14 the flesh of the bird or animal was unfit for human consumption
15 at the time of killing shall, within 12 hours following the
16 discovery, deliver the entire carcass, including the head and
17 hide, but not the entrails, to any commission officer who, being
18 satisfied that the animal or bird was unfit for human
19 consumption at the time killed, shall issue a written
20 authorization to the person to kill a second animal or bird of
21 the same species during the unexpired portion of the season for
22 that species.
23 § 2328. Shipping or transporting big game.
24 (a) General rule.--Unless properly tagged, it is unlawful
25 for any person to ship or transport the carcass of any big game.
26 The tag shall contain in plain English the name, address and
27 license number of the owner and the location where the game was
28 killed.
29 (b) Portions of big game.--Any person may transport an
30 unmarked part of a big game carcass that has been legally taken
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1 and been cut up. Such person shall, upon request of any law
2 enforcement officer, furnish the name and address of the person
3 killing the big game and any other information required to
4 properly establish legal possession.
5 (c) False information.--It is unlawful to furnish false or
6 misleading information concerning the carcass or parts thereof
7 in question.
8 (d) Penalty.--A violation of this section is a summary
9 offense of the fifth degree.
10 SUBCHAPTER C
11 HUNTING SMALL GAME
12 Sec.
13 2341. Possession and transportation of small game.
14 § 2341. Possession and transportation of small game.
15 (a) General rule.--Except as otherwise provided in this
16 title, it is unlawful for any person to have in possession or to
17 transport, or attempt to transport, any small game in excess of
18 the daily possession limits established by the commission unless
19 the small game is accompanied by the owner or is carried upon
20 the same conveyance with the owner.
21 (b) Transportation without owner present.--Properly tagged
22 small game unaccompanied by the owner may be transported. The
23 tag attached to the small game shall contain in plain English
24 the name, address, license number and the signature of the
25 person who killed the small game.
26 (c) Open to inspection.--All small game transported pursuant
27 to subsection (a) or (b) shall be carried openly to allow for
28 easy inspection.
29 (d) Penalty.--A violation of this section is a summary
30 offense of the sixth degree.
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1 (e) Contraband.--Any game transported in violation of this
2 section is contraband.
3 SUBCHAPTER D
4 FURTAKING REGULATIONS
5 Sec.
6 2361. Unlawful acts concerning taking of furbearers.
7 2362. Permitted acts.
8 2363. Penalties.
9 § 2361. Unlawful acts concerning taking of furbearers.
10 Except as otherwise provided in this title, it is unlawful
11 for any person to:
12 (1) Take, kill, wound, capture or have in possession, or
13 attempt, aid, abet, assist or conspire to take kill, wound or
14 capture, any furbearers except during the open furtaking
15 season and in such numbers or by such methods as fixed by the
16 commission or this title.
17 (2) Have in possession the green pelt, or any part
18 thereof, of any furbearers taken except during the open
19 season and for ten days thereafter without first securing a
20 permit from the commission.
21 (3) Stake out or set traps for furbearers prior to the
22 date and hour fixed as the open season for taking such
23 animals.
24 (4) Stake out, set or tend, or attempt to stake out, set
25 or tend, traps of any kind in an attempt to take, kill or
26 capture any furbearers without first securing, possessing and
27 displaying any licenses or permits required by this title.
28 (5) Buy or sell, or offer buy or sell, or ship out of
29 this Commonwealth any furbearer, or any part thereof, which
30 has been unlawfully taken, possessed, killed, transported,
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1 imported or exported.
2 (6) Possess live furbearers taken from the wild without
3 first securing a permit from the commission.
4 (7) Set traps closer than five feet from any hole or den
5 except in the case of an underwater set.
6 (8) Use a pole trap, deadfall, poison, explosive,
7 chemical, leg hold trap with teeth on the jaws or with a jaw
8 spread exceeding six and one-half inches or any device
9 prohibited by the commission.
10 (9) Smoke out or dig out any den or house of any kind or
11 cut den trees.
12 (10) Use any trap of any kind unless visited and all
13 animals and birds released or removed at least once every 24
14 hours.
15 (11) Use or set a body gripping trap of any description
16 outside the water of any established watercourse, waterway,
17 marsh, pond or dam.
18 (12) Set a trap of any description unless each device is
19 marked with a durable identification tag attached to the trap
20 or trap chain which must legibly set forth in plain English
21 the first name, middle initial, last name and legal home
22 address of the person setting or tending the trap.
23 (13) Bait a trap with meat or animal products if the
24 bait is visible from the air.
25 (14) Let traps set after the close of the furtaking
26 season.
27 (15) Disturb the traps of another person.
28 (16) Remove any wildlife from the trap of another person
29 without specific permission to do so.
30 (17) Set or place a cage or box trap in the water.
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1 (18) Use any cage or box trap not approved by the
2 commission.
3 (19) Destroy or disturb or interfere with the dams or
4 houses of beavers except when in possession of a written
5 permit for these actions from the director.
6 § 2362. Permitted acts.
7 Nothing contained in this subchapter shall prevent:
8 (1) The possession of green pelts which were lawfully
9 taken and exported from another state or nation which have
10 attached positive proof of where and when they were taken and
11 marked or tagged in accordance with the requirements of that
12 state or nation.
13 (2) The killing of lawfully taken furbearers with a
14 firearm as prescribed by regulations of the commission.
15 (3) The lawful taking of furbearers by any resident of
16 this Commonwealth over 12 years of age after first securing a
17 furtaking license.
18 (4) The sale of pelts or carcasses of lawfully taken
19 furbearers.
20 § 2363. Penalties.
21 Any violation of this subchapter relating to bobcat or otter
22 is a summary offense of the fourth degree. Except for threatened
23 or endangered species, any other violation of this subchapter is
24 a summary offense of the fifth degree.
25 SUBCHAPTER E
26 DOGS PURSUING WILDLIFE
27 Sec.
28 2381. Dogs pursuing, injuring or killing wildlife.
29 2382. Training dogs on small game.
30 2383. Dogs pursuing, injuring or killing big game.
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1 2384. Declaring dogs public nuisances.
2 2385. Destruction of dogs declared public nuisances.
3 2386. Penalties.
4 § 2381. Dogs pursuing, injuring or killing wildlife.
5 Except as otherwise provided in this title or by commission
6 regulation, it is unlawful for any person controlling or
7 harboring a dog to permit the dog to chase, pursue, follow upon
8 the track of, injure or kill any wildlife at any time.
9 § 2382. Training dogs on small game.
10 (a) General rule.--It is lawful to train a dog on small game
11 during the hours from one-half hour before sunrise to sunset,
12 prevailing time, from August 1 through the following March 31.
13 The commission may, by regulation, further restrict or relax the
14 training period for specific breeds of hunting dogs.
15 (b) Restrictions.--Any dog being trained pursuant to
16 subsection (a) shall be accompanied by and under the control of
17 the owner or a handler. Neither the owner or handler or any
18 other person shall carry a bow and arrow or a firearm which is
19 raised at arm's length and fired from the shoulder. No dog shall
20 be permitted to inflict any injury upon the pursued wildlife.
21 (c) Raccoons and foxes.--Notwithstanding subsection (a), it
22 is lawful to train dogs on raccoons and foxes during any hour of
23 the day.
24 (d) Sunday limitation.--It is unlawful to train dogs on
25 privately owned property on Sunday. This limitation shall not
26 apply to:
27 (1) National or State forest land.
28 (2) State game lands.
29 (3) Privately owned property when the consent of the
30 person in charge of the land is first obtained.
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1 (e) Hunting license not required.--Any person engaged solely
2 in the training of a hunting dog shall not be required to
3 purchase or display a hunting license.
4 § 2383. Dogs pursuing, injuring or killing big game.
5 It is unlawful for any person to make use of a dog in any
6 manner to hunt for or to take big game or to permit a dog owned,
7 controlled or harbored by that person to pursue, harass, chase,
8 scatter, injure or kill any big game animal.
9 § 2384. Declaring dogs public nuisances.
10 (a) Small game violations.--Except as provided in section
11 2382 (relating to training dogs on small game) or by commission
12 regulation, any dog pursuing or following upon the track of any
13 small game at any time not permitted by law is hereby declared
14 to be a public nuisance and may be destroyed as provided in this
15 title.
16 (b) Big game violations.--Any dog pursuing or following upon
17 the track of any big game animal at any time is hereby declared
18 to be a public nuisance and may be destroyed as provided in this
19 title.
20 § 2385. Destruction of dogs declared public nuisances.
21 (a) General rule.--A dog declared a public nuisance pursuant
22 to section 2384 (relating to declaring dogs public nuisances)
23 may be killed by any commission officer or the owner, lessee or
24 any employee thereof on the land where the dog is found to be
25 chasing wildlife.
26 (b) Reports after killing dog.--Any person who kills a
27 licensed dog pursuant to subsection (a) and section 2384 shall
28 notify the owner or a commission officer within five days after
29 the dog was killed. The person who killed the dog or the
30 commission officer who receives the report shall disclose to the
19820H2499B3347 - 86 -
1 owner of the dog the time, place, circumstances relating to the
2 death of the dog and the location of the dog's remains. All
3 equipment found on the dog, including collar, name tag, license
4 tag or any other personal property, shall be returned to the
5 owner of the dog within ten days after conclusion of any
6 prosecution or immediately if no prosecution is contemplated.
7 § 2386. Penalties.
8 A violation of this subchapter is a summary offense of the
9 fifth degree. Any conviction for a second or subsequent offense
10 shall result in a fine that is double the amount for the first
11 offense.
12 CHAPTER 25
13 PROTECTION OF PROPERTY AND PERSONS
14 Subchapter
15 A. Protection of Property
16 B. Protection of Persons
17 SUBCHAPTER A
18 PROTECTION OF PROPERTY
19 Sec.
20 2501. Hunting while under influence of alcohol or drugs.
21 2502. Chemical test to determine amount of alcohol.
22 2503. Loaded firearms in vehicles.
23 2504. Shooting at wildlife on or across highways.
24 2605. Hunting wildlife or taking furbearers in building safety
25 zones.
26 2506. Hunting wildlife or taking furbearers within burial
27 grounds.
28 2507. Restrictions on shooting.
29 2508. Protection of institutions, parks and resorts.
30 2509. Damage to property.
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1 2510. Littering and restrictions on vehicles.
2 2511. Damage to trees.
3 2512. Unlawful acts on commission lands or waters.
4 § 2501. Hunting while under influence of alcohol or drugs.
5 (a) General rule.--It is unlawful to hunt or take wildlife
6 or aid, abet, assist or conspire to hunt or take wildlife
7 anywhere in this Commonwealth while in possession of a firearm
8 of any kind or a bow and arrow while under the influence of
9 alcohol or drugs.
10 (b) Evidence.--The fact that a person is found in possession
11 of a firearm of any description or a bow and arrow usable for
12 the purpose of killing or taking wildlife either in the field,
13 in the forest, on the public highways or on the waters of this
14 Commonwealth, while under the influence of alcohol or drugs,
15 shall be considered prima facie evidence that the person is
16 hunting or taking wildlife contrary to the provisions of this
17 section.
18 (c) Penalty.--A violation of this section is a summary
19 offense of the fourth degree.
20 § 2502. Chemical test to determine amount of alcohol.
21 (a) General rule.--Any person who hunts or takes or
22 attempts, aids, abets, assists or conspires to hunt or take
23 wildlife shall be deemed to have given consent to a chemical
24 test of breath or blood for the purpose of determining the
25 alcoholic content of blood if any officer whose duty it is to
26 enforce this title shall have reasonable grounds to believe the
27 person to have been hunting or taking or assisting or attempting
28 to hunt or take wildlife while under the influence of alcohol.
29 The test shall be administered by personnel and equipment
30 approved by the commission.
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1 (b) Suspension for refusal.--
2 (1) If any person apprehended for hunting or taking or
3 aiding or assisting to hunt or take wildlife while under the
4 influence of alcohol or drugs is requested to submit to a
5 chemical test and refuses to do so, the test shall not be
6 given but upon notice by the officer the commission shall:
7 (i) suspend the hunting and trapping privileges of
8 the person for a period of one year; or
9 (ii) revoke the hunting and trapping privileges of
10 the person for a period of three years for a second or
11 subsequent refusal within a period of three years.
12 (2) It shall be the duty of the officer to inform the
13 person that the person's hunting and trapping privileges will
14 be suspended or revoked upon refusal to submit to a chemical
15 test.
16 (3) Any person whose hunting and trapping privileges are
17 suspended under the provisions of this section shall have the
18 same right of appeal as provided for in cases of suspension
19 or revocation for other reasons.
20 (c) Test results admissible in evidence.--In any summary
21 proceeding or criminal proceeding in which the defendant is
22 charged with hunting or taking or assisting, aiding or
23 attempting to hunt or take wildlife while under the influence of
24 alcohol, the amount of alcohol in the defendant's blood, as
25 shown by a chemical analysis of his breath or blood, which
26 analysis was conducted with equipment of a type approved by the
27 commission and operated by approved personnel, shall be
28 admissible in evidence.
29 (d) Presumptions from amount of alcohol.--If chemical
30 analysis of a person's breath or blood shows:
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1 (1) That the amount of alcohol by weight in the blood of
2 the person tested is 0.05% or less, it shall be presumed that
3 the person tested was not under influence of alcohol and the
4 person shall not be charged with any violation under section
5 2501 (relating to hunting while under influence of alcohol or
6 drugs) or, if the person was so charged prior to the test,
7 the charge shall be void ab initio.
8 (2) That the amount of alcohol by weight in the blood of
9 the person tested is in excess of 0.05% but less than 0.10%,
10 this fact shall not give rise to any presumption that the
11 person tested was or was not under the influence of alcohol
12 but this fact may be considered with other competent evidence
13 in determining whether the person was or was not under the
14 influence of alcohol.
15 (3) That the amount of alcohol by weight in the blood of
16 the person tested is 0.10% or more, it shall be presumed that
17 the defendant was under the influence of alcohol.
18 (e) Other evidence admissible.--Subsections (a) through (d)
19 shall not be construed as limiting the introduction of any other
20 competent evidence bearing upon the question of whether or not
21 the defendant was under the influence of alcohol or drugs.
22 (f) Test results available to defendant.--Upon the request
23 of the person tested, the results of any chemical test shall be
24 made available to that person or his attorney.
25 (g) Blood test in lieu of breath test.--If for any reason a
26 person is physically unable to supply enough breath to complete
27 a chemical test, a physician or nurse or a technician acting
28 under a physician's direction may withdraw blood for the purpose
29 of determining its alcoholic content. The chemical analysis of
30 the blood taken under these circumstances shall be admissible in
19820H2499B3347 - 90 -
1 evidence in the same manner as are the results of the breath
2 chemical test. The hunting and trapping privileges of any person
3 who refuses to allow a blood test under these circumstances
4 shall be suspended pursuant to subsection (b).
5 (h) Test by personal physician.--The person tested shall be
6 permitted to have a physician of his own choosing administer an
7 additional breath or blood chemical test and the results of the
8 test shall also be admissible in evidence. The chemical test
9 given at the direction of the officer shall not be delayed by a
10 person's attempt to obtain an additional test.
11 (i) Immunity from civil liability.--No physician, nurse or
12 technician or hospital employing the physician, nurse or
13 technician or other employer of the physician, nurse or
14 technician shall be civilly liable for the withdrawing of blood
15 and reporting of test results at the request of an officer
16 pursuant to this section.
17 § 2503. Loaded firearms in vehicles.
18 (a) General rule.--Except as otherwise provided in this
19 title, it is unlawful for any person to have a firearm of any
20 kind in or on or against any vehicle propelled by mechanical
21 power or its attachments at any time and at any place within
22 this Commonwealth whether or not the vehicle or its attachment
23 is in motion unless the firearm is unloaded by removing all
24 ammunition from the chamber, clip or magazine even though the
25 clip or magazine is not a part of the firearm.
26 (b) Exceptions.--This section shall not be construed to
27 apply to:
28 (1) A public police officer engaged in the performance
29 of his official duty.
30 (2) A commission officer engaged in the performance of
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1 his duty.
2 (3) A person carrying a loaded pistol or revolver when
3 in possession of a valid firearms license issued by the chief
4 or head of any police force or the sheriff of a county when
5 the license is issued for protection under 18 Pa.C.S. Ch. 61,
6 Subch. A (relating to Uniform Firearms Act).
7 (4) Any person as defined in section 2121(c) (relating
8 to killing wildlife to protect property) while on lands they
9 control and when not hunting or trapping for wildlife.
10 The exceptions in this subsection do not apply when attempting
11 to locate wildlife with an artificial light or when exercising
12 any privileges granted by this title which may be exercised only
13 when not in the possession of a firearm.
14 (c) Penalty.--A violation of this section is a summary
15 offense of the third degree if the vehicle is in motion.
16 Otherwise the violation is a summary offense of the seventh
17 degree.
18 § 2504. Shooting at wildlife on or across highways.
19 (a) General rule.--It is unlawful for any person to shoot at
20 any wildlife while it is on a public highway or on a highway
21 open to use or used by the public or to shoot across a public
22 highway or a highway open to use or used by the public.
23 (b) Penalty.--A violation of this section is a summary
24 offense of the fifth degree.
25 § 2505. Hunting wildlife or taking furbearers in building
26 safety zones.
27 (a) General rule.--Except as otherwise provided in this
28 title, it is unlawful at any time for any person, other than the
29 occupant, while hunting wildlife or taking furbearers of any
30 kind, to hunt for, take, trap, pursue, disturb or otherwise
19820H2499B3347 - 92 -
1 chase any wildlife or to discharge, for any reason, any firearm,
2 arrow or other deadly weapon within a safety zone, or to shoot
3 at any wild bird or wild animal while it is within the safety
4 zone without the specific advance permission of the occupant
5 thereof.
6 (b) Penalty.--A violation of this section is a summary
7 offense of the fifth degree.
8 (c) Definition.--As used in this section "safety zone" means
9 the area within 150 yards around any building.
10 § 2506. Hunting wildlife or taking furbearers within burial
11 grounds.
12 (a) General rule.--It is unlawful for any person at any time
13 to hunt, take or trap wildlife of any kind or to discharge any
14 firearm or other deadly weapon into or within, or to dress out
15 wild game within, any cemetery or other burial grounds.
16 (b) Penalty.--A violation of this section is a summary
17 offense of the seventh degree.
18 § 2507. Restrictions on shooting.
19 (a) General rule.--It is unlawful for any person during the
20 open season for the taking of any big game animal other than
21 turkey to:
22 (1) Shoot at any mark or target other than legal birds
23 or animals with a firearm of any kind or a bow and arrow.
24 (2) Discharge at any time any firearm or release an
25 arrow at random in the general direction of any wild bird or
26 animal not plainly visible for the purpose of routing or
27 frightening them.
28 (3) Discharge at any time any firearm or release an
29 arrow at random or in any other manner contrary to this
30 section.
19820H2499B3347 - 93 -
1 (b) Exceptions.--This section shall not be construed to
2 apply in any manner to:
3 (1) The discharge of any firearm for the sole purpose of
4 signaling for aid or assistance while in distress.
5 (2) The use of rifle, pistol or archery ranges owned,
6 leased or maintained by a State or Federal military or police
7 organization or by any regularly organized rifle, pistol,
8 shotgun or archery range, shooting association or club while
9 shooting at a regularly established and properly safeguarded
10 range or to any public shooting exhibition properly
11 safeguarded and conducted under the direction of any
12 organization for the promotion of marksmanship.
13 (3) The discharge of a muzzleloading firearm at a proper
14 target for the purpose of safe transportation of the
15 muzzleloaded firearm.
16 (4) Shooting at a properly constructed target or mark or
17 a dead tree protected by a natural or artificial barrier so
18 that the ball, bullet or arrow cannot travel more than 15
19 yards beyond the aimed at target after making due allowance
20 for deflection in any direction not to exceed an angle of 45
21 degrees. Target shooting shall only be lawful when it is done
22 within 200 yards of the camp or other headquarters where the
23 person shooting is quartered or is an invited guest or
24 visitor.
25 (d) Penalty.--A violation of this section is a summary
26 offense of the seventh degree.
27 § 2508. Protection of institutions, parks and resorts.
28 (a) General rule.--Subject to the posting requirements of
29 subsection (b), it is unlawful for any person to hunt for or
30 take any wildlife or to discharge a firearm or bow of any
19820H2499B3347 - 94 -
1 description into or upon any of the following areas:
2 (1) The lands, waters or premises of any public or
3 private hospital or sanatorium.
4 (2) The lands, waters or premises of any park or resort
5 set aside for the use of the public where people may
6 congregate in the open for health, recreation or pleasure.
7 (3) The lands, waters or premises of any publicly owned
8 institution where people are hospitalized, quartered or
9 incarcerated at public expense.
10 (b) Posting boundaries.--The boundaries of the lands, waters
11 or premises set forth in subsection (a) shall be clearly defined
12 by appropriate posters or markers calling attention to the fact
13 that the land or water within the boundary has been set apart
14 for the specific purpose for which it was intended and that
15 hunting upon or shooting on the property is prohibited. No
16 privileges shall be granted by those owning or operating the
17 posted lands or waters to any other person to hunt for any
18 wildlife upon the property nor shall the persons in charge of
19 the lands be eligible to hunt for any wildlife on the lands or
20 waters.
21 (c) Exceptions.--Subsection (a) shall not apply to:
22 (1) Any properly constructed and designated pistol,
23 rifle, shotgun or archery range upon the lands of a hospital,
24 sanatorium, park, resort or other institution.
25 (2) Any part of the lands of any hospital, sanatorium,
26 park, resort or institution which lie outside of the posted
27 areas and are open to the public for hunting.
28 (d) Penalty.--A violation of this section is a summary
29 offense of the fifth degree.
30 § 2509. Damage to property.
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1 (a) General rule.--It is unlawful for any person while
2 hunting wildlife or taking furbearers of any kind to:
3 (1) Cause or assist in causing damage or injury, in any
4 manner whatsoever, to either real or personal property of any
5 kind.
6 (2) Leave gates or bars open.
7 (3) Break down, destroy or injure fences.
8 (4) Tear down or scatter rail, post, wood or stone
9 piles.
10 (5) Injure livestock of any kind.
11 (b) Removal of wounded bird or animal.--Subsection (a) shall
12 not be construed to prevent the removal of a mortally wounded
13 bird or animal from its place of refuge in a rail, post, wood or
14 stone pile or fence if permission has first been obtained from
15 the owner or person in charge of the property and the property
16 is restored to the condition in which it was found.
17 (c) Penalty.--A person convicted of violating this section
18 shall be subject to the penalty provisions of section 2512(b)
19 (relating to unlawful acts on commission lands or waters).
20 § 2510. Littering and restrictions on vehicles.
21 (a) General rule.--It is unlawful for any person while
22 hunting or furtaking or while on lands or waters open to hunting
23 or furtaking to:
24 (1) Deposit or leave any garbage, bottles, cartons,
25 containers, glass, paper or other rubbish or debris other
26 than in a place or receptacle maintained for that purpose.
27 (2) Drive a motor vehicle on any cleared field except
28 with the permission of the owner, tenant or other person in
29 charge of the land.
30 (3) Park or leave standing any motor vehicle in such
19820H2499B3347 - 96 -
1 manner as to block the means of ingress or egress to any
2 person's property, cattleways or fields.
3 (b) Penalties.--
4 (1) When litter is transported from another location and
5 is deposited on lands or waters open to hunting or furtaking,
6 the case shall be heard by the district justice having
7 jurisdiction. The violation is a summary offense and the fine
8 imposed shall not be less than $100 nor more than $500. Any
9 person convicted of a second or subsequent violation of this
10 paragraph shall pay twice the fine imposed for the first
11 offense. A conviction for a violation of this section shall
12 not bar any civil action by the property owner.
13 (2) Except as provided in paragraph (1), any other
14 violation of this section is a summary offense of the seventh
15 degree.
16 § 2511. Damage to trees.
17 (a) General rule.--It is unlawful while hunting or while
18 preparing to hunt for any wild bird or wild animal to cause
19 damage to any tree or trees located upon any public or privately
20 owned lands as a result of constructing any tree stand, platform
21 or any other manmade support of any description or as a result
22 of using any portable tree stand or any other implement or
23 device of any description to climb any tree. This section shall
24 not apply to a private landowner upon land which he owns or to
25 any person to whom he has given written permission in advance.
26 (b) Penalties.--A violation of this section is a summary
27 offense of the fifth degree. Upon summary conviction, the
28 defendant shall be sentenced to remove the tree stand, platform
29 or any other manmade support or climbing device of any
30 description. In addition to any other penalty imposed, the
19820H2499B3347 - 97 -
1 defendant shall be liable to pay to the one in control of a tree
2 the value of any damage done by the defendant to the tree. The
3 value of the damage to the tree shall be determined by the
4 district justice having jurisdiction. If a reasonable settlement
5 for damage to the tree is not reached, the district justice may
6 appoint a competent appraiser to determine the value of the
7 damage. The value of the damage determined shall be assessed
8 against the defendant and paid to the district justice for
9 disposition. The district justice shall deliver the amount
10 collected to the person or governmental agency having legal
11 control over the land where the damage occurred. The appraiser
12 appointed by the district justice shall be entitled to a
13 reasonable fee for services rendered which shall be assessed
14 against the defendant as additional costs.
15 § 2512. Unlawful acts on commission lands or waters.
16 (a) General rule.--On any lands or waters owned, leased or
17 controlled by the commission, it is unlawful, without first
18 securing consent or a permit from the commission, to:
19 (1) Go upon any lands or waters which are posted against
20 entry for any purpose.
21 (2) Cut down or otherwise destroy any trees, shrubs or
22 other flora.
23 (3) Do or cause to be done any act to the detriment of
24 such lands, structures, roads, trails, trees, shrubs or flora
25 thereon.
26 (4) Remove an material, either organic or inorganic.
27 (5) Destroy, mutilate or remove any sign or placard.
28 (6) Fish, swim or boat on or in any waters posted
29 against such acts.
30 (7) Post any of the commission's signs or placards, or
19820H2499B3347 - 98 -
1 any signs or placards similar in appearance thereto, on any
2 lands not owned or controlled by the commission.
3 (8) Violate any regulations of the commission pertaining
4 to the use and protection of such lands or waters or the
5 users of such lands or waters.
6 (b) Penalties.--A violation of this section is a summary
7 offense of the fifth degree. Upon conviction, the defendant
8 shall pay for all damages done or materials removed. In addition
9 to any other penalty imposed, where the damages or materials
10 removed are extreme or an agreeable arrangement cannot be
11 reached between the concerned parties, the case shall be heard
12 by the appropriate district justice who, if necessary, may
13 appoint an independent person to appraise the damage to be paid.
14 Any costs for the appraiser shall be added to costs of
15 prosecution.
16 SUBCHAPTER B
17 PROTECTION OF PERSONS
18 Sec.
19 2521. Accident reports.
20 2522. Rendering assistance after accidents.
21 2523. Shooting at or causing injury to human beings.
22 2524. Protective material required.
23 § 2521. Accident reports.
24 (a) General rule.--Every person who causes or is involved in
25 an accident in which a human being is injured by any firearm or
26 bow and arrow while hunting or taking furbearers or incurs a
27 self-inflicted injury with any firearm or bow and arrow while
28 hunting or taking furbearers shall render a report to the
29 commission at Harrisburg or deliver the report to any officer of
30 the commission on duplicate forms provided for that purpose. The
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1 report shall be delivered within 72 hours after the injury. Each
2 24-hour period thereafter shall constitute a separate offense.
3 If the person is physically incapable of making the required
4 report, it shall be the duty of the person or persons involved
5 in the accident to designate an agent to file the report within
6 the specified time.
7 (b) Penalty.--
8 (1) A violation of this section involving a nonfatal
9 accident is a summary offense of the fifth degree.
10 (2) A violation of this section involving a fatal
11 accident is a summary offense of the fourth degree.
12 § 2522. Rendering assistance after accidents.
13 (a) General rule.--It is unlawful for any person who has
14 inflicted injury to a human being with any firearm or bow and
15 arrow, while hunting or furtaking, to flee, or to fail or refuse
16 to render immediate and full assistance to the person injured.
17 (b) Penalties.--
18 (1) A violation of this section where a human being is
19 injured but not killed is a misdemeanor of the second degree.
20 In addition to the fine imposed, the defendant forfeits the
21 privilege to hunt or take wildlife anywhere in this
22 Commonwealth, with or without a license, for a period of ten
23 years.
24 (2) A violation of this section where a human being is
25 killed is a misdemeanor of the first degree. In addition to
26 the fine imposed, the defendant forfeits the privilege to
27 hunt or take wildlife anywhere within this Commonwealth, with
28 or without a license, for a period of 15 years.
29 (3) A person convicted of a second or subsequent
30 violation of this section shall be sentenced to pay a fine of
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1 twice the amount of the penalty imposed by this section and,
2 in addition thereto, forfeits the privilege to hunt or take
3 wildlife anywhere in this Commonwealth, with or without a
4 license, for an additional period of ten years.
5 § 2523. Shooting at or causing injury to human beings.
6 (a) General rule.--It is unlawful for any person, while
7 hunting or furtaking, to either shoot at, wound or kill any
8 human being through the use of a firearm or other deadly weapon.
9 (b) Penalty.--The penalty to be imposed for any violation of
10 this section shall be determined pursuant to the following
11 classifications:
12 (1) To shoot at but not hit or injure another human
13 being is a summary offense of the first degree.
14 (2) To shoot at and hit or injure another human being is
15 a misdemeanor of the third degree.
16 (3) To shoot at and kill another human being is a
17 misdemeanor of the second degree.
18 (c) Denial of privileges.--In addition to the penalty
19 imposed pursuant to subsection (b), any person who shoots at,
20 hits or injures or kills a human being shall be denied the
21 privilege to hunt or take wildlife anywhere in this
22 Commonwealth, with or without license, for the following periods
23 based on the severity of the offense:
24 (1) To shoot at but not hit or injure another human
25 being the denial shall be for a period of two years.
26 (2) To shoot at and hit or injure another human being
27 the denial shall be for a period of five years.
28 (3) To shoot at and kill another human being the denial
29 shall be for a period of ten years.
30 (d) Imprisonment for nonpayment of fine.--A person who fails
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1 to pay the fine imposed by this section shall undergo
2 imprisonment not in excess of one year based on one day in jail
3 for each $10 of the fine imposed.
4 (e) Imprisonment for violation of sentence.--It is unlawful
5 for a person to hunt or take wildlife or attempt to hunt or take
6 wildlife, with or without license, in this Commonwealth contrary
7 to a sentence imposed under subsection (b). Upon conviction the
8 person shall be sentenced to undergo imprisonment for a period
9 of not less than three months nor more than six months.
10 (f) Civil remedies preserved.--Nothing in this section shall
11 bar the recovery of any damages in any civil action.
12 § 2524. Protective material required.
13 (a) General rule.--Unless further restricted by regulations
14 of the commission, every person hunting for or assisting to hunt
15 for deer, bear or woodchucks shall wear a minimum of 250 square
16 inches of daylight fluorescent orange colored material. The
17 material shall be worn so it is visible in a 360-degree arc.
18 Unless otherwise specified by regulations of the commission, the
19 provision of this section shall not apply to any season for
20 using muzzleloading firearms only or season for using bows and
21 arrows only.
22 (b) Penalty.--A violation of this section is a summary
23 offense of the fifth degree.
24 CHAPTER 27
25 HUNTING AND FURTAKING LICENSES
26 Subchapter
27 A. General Provisions
28 B. Agents
29 C. License Denials or Revocations
30 SUBCHAPTER A
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1 GENERAL PROVISIONS
2 Sec.
3 2701. License requirements.
4 2702. Residents.
5 2703. Nonresidents.
6 2704. Eligibility for license.
7 2705. Classes of licenses.
8 2706. Resident license and fee exemptions.
9 2707. License periods.
10 2708. Application requirements.
11 2709. License costs and fees.
12 2710. Replacement of lost licenses.
13 2711. Unlawful acts concerning licenses.
14 § 2701. License requirements.
15 (a) General rule.--Except in defense of person or property
16 or pursuant to exemptions authorized in this title, every
17 person, prior to engaging in any of the privileges granted by
18 this title, shall first obtain the applicable license subject to
19 any conditions or other requirements imposed by this title.
20 (b) Only one license valid.--Only one full term or distinct
21 hunting or furtaking license shall be valid during any full term
22 license year. The issuance of any replacement license or the
23 purchase of a second or subsequent license of any class shall
24 immediately and automatically invalidate any such class of
25 license which had been previously issued.
26 § 2702. Residents.
27 (a) General rule.--Any person who has been domiciled in this
28 Commonwealth for a period of 60 consecutive days preceding the
29 date of application for a license shall for the purpose of this
30 chapter be a resident of this Commonwealth.
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1 (b) Commonwealth residents in armed forces.--Nothing in this
2 chapter shall deny any qualified resident of this Commonwealth
3 serving in the armed forces of the United States as a result of
4 a first enlistment or conscription or any family member living
5 in his home and domiciled in the continental United States or in
6 any foreign nation or country to meet military requirements,
7 from eligibility to procure a resident hunter's license or other
8 distinct license when domicility within this Commonwealth is a
9 requirement.
10 (c) Military personnel stationed in Commonwealth.--Any
11 person regularly enrolled in any branch of the armed forces of
12 the United States and officially stationed and quartered within
13 this Commonwealth 60 or more days preceding the date of
14 application shall be a resident for the purpose of this title.
15 (d) Evidence of residency.--In any violation of this title
16 where residency in this Commonwealth is used as a defense, the
17 defendant shall have the burden to produce satisfactory evidence
18 of residency and shall submit to cross-examination on the
19 matter.
20 § 2703. Nonresidents.
21 For the purpose of this title, any person unable to meet the
22 requirements of section 2702 (relating to residents) shall be a
23 nonresident.
24 § 2704. Eligibility for license.
25 (a) General rule.--Persons meeting the requirements of this
26 title who are 12 years of age or older, whose hunting and
27 furtaking privileges are valid and who shall meet the
28 application requirements set forth in this title and pay the
29 prescribed license cost and issuance fee shall be eligible to
30 obtain the applicable hunting or furtaking license.
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1 (b) Hunter education.--Persons who have not held a license
2 lawfully issued to them in this Commonwealth or another state or
3 nation or have not hunted under the exceptions in section 2706
4 (relating to resident license and fee exemptions) or do not
5 possess a certificate of training approved by the director prior
6 to the enactment of this title shall be required to attain
7 accreditation in a hunter education program approved by the
8 director before a hunting license is issued to them.
9 (c) Trapper education.--Persons who have not held a license
10 lawfully issued to them in this Commonwealth or in another state
11 or nation or have not taken furbearers under the exceptions in
12 section 2706 or do not possess a certificate of training
13 approved by the director prior to the enactment of this title
14 shall be required to attain accreditation in a furtaker
15 education program approved by the director before a furtaking
16 license is issued to them.
17 § 2705. Classes of licenses.
18 Unless otherwise provided, any person wishing to exercise any
19 of the privileges granted by this title shall first secure the
20 applicable resident or nonresident hunting or furtaking license
21 and stamp as follows:
22 (1) Adult resident hunting licenses to residents who
23 have reached their 17th birthday but have not reached their
24 65th birthday.
25 (2) Junior resident hunting licenses to residents who
26 have reached their 12th birthday but who have not reached
27 their 17th birthday prior to the date of the application for
28 the license and who present a written request, bearing the
29 signature of a parent or guardian for the issuance of a
30 license.
19820H2499B3347 - 105 -
1 (3) Senior resident hunting licenses to residents who
2 have reached their 65th birthday prior to the date of the
3 application for the license.
4 (4) Adult resident furtaking licenses to residents who
5 have reached their 17th birthday but have not reached their
6 65th birthday.
7 (5) Junior resident furtaking licenses to residents who
8 have reached their 12th birthday but who have not reached
9 their 17th birthday prior to the date of the application for
10 the license and who present a written request, containing the
11 signature of a parent or guardian, for the issuance of a
12 license.
13 (6) Senior resident furtaking licenses to residents who
14 have reached their 65th birthday prior to the date of the
15 application for the license.
16 (7) Three-day regulated shooting grounds licenses to
17 persons eligible to procure a hunting license. The license
18 shall be valid for a period of three consecutive days,
19 Sundays excluded, and shall entitle the licensee to hunt,
20 take or kill wild birds and wild animals which may be legally
21 hunted, taken or killed upon the grounds under a regulated
22 shooting grounds permit.
23 (8) Nonresident hunting licenses to all nonresidents of
24 any age.
25 (9) Nonresident furtaking licenses to nonresidents of
26 any age.
27 (10) Antlerless deer licenses, bear licenses, archery
28 licenses, muzzleloader licenses and any other license
29 required to insure just and proper administration of this
30 title and sound wildlife conservation to eligible persons
19820H2499B3347 - 106 -
1 subject to the regulations, requirements and conditions which
2 the commission shall establish.
3 (11) Complimentary hunting licenses, not to exceed 200,
4 which the commission may issue annually, without cost, to any
5 of the following persons:
6 (i) The Chief Executive of the United States.
7 (ii) The governor of any state.
8 (iii) Authorized representatives of the conservation
9 departments of other states.
10 (iv) Federal officials engaged in conservation work.
11 (v) Authorized officials of national conservation
12 organizations.
13 (vii) Conservation officials of any foreign country
14 or any major subdivision thereof.
15 § 2706. Resident license and fee exemptions.
16 (a) Agricultural lands.--Unless the privilege to hunt or
17 take furbearers has been denied, any person domiciled within
18 this Commonwealth who has reached their 12th birthday and
19 attained accreditation in an approved hunter or trapper
20 education program, whichever is applicable, and is regularly and
21 continuously engaged in cultivating the soil for general farm
22 crop purposes, commercial truck growing, commercial orchards or
23 commercial nurseries, as either the owner, lessee or tenant of
24 these lands, or as a member of the family or household, or
25 regularly hired help of the owner, lessee or tenant, shall be
26 eligible to hunt and take furbearers on these lands, including
27 the woodlands connected therewith and operated as a part
28 thereof, without a hunter's or furtaker's license as required in
29 this title if the owner, lessee, tenant, member of the family or
30 household or hired help earns at least half of their annual
19820H2499B3347 - 107 -
1 income from this land and resides in a dwelling situated upon
2 the property so being cultivated and have continuously resided
3 thereon and assisted in the cultivation of the land for a period
4 of 60 or more consecutive days. Any of these persons may hunt or
5 take furbearers on detached land which is operated under written
6 lease as a part of the same farm and is within ten air miles of
7 the home farm. Any person eligible to hunt or take furbearers on
8 these lands without securing the required license may also, by
9 and with the written consent of the owner or lessee thereof,
10 hunt or take wildlife upon any lands other than those publicly-
11 owned which lie immediately adjacent to and are connected with
12 the lands upon which these persons may lawfully hunt or take
13 wildlife without securing a license.
14 (b) Disabled veterans.--
15 (1) Any resident disabled veteran of any war or armed
16 conflict whose disability consists of the loss of one or more
17 limbs or the loss of the use of one or more limbs or whose
18 disability is considered as total and who meets all other
19 qualifications of this title and is otherwise mentally and
20 physically fit shall be issued a regular hunting or furtaking
21 license upon application to any county treasurer, without the
22 payment of the license cost, if that person is domiciled in
23 this Commonwealth.
24 (2) The application for the issuance of this license
25 shall, in addition to the other information required by the
26 director, contain a statement that the applicant is a war or
27 armed conflict veteran and that his disability was service
28 incurred.
29 (3) The county treasurer shall likewise require the
30 production of the applicant's discharge papers and a Veterans
19820H2499B3347 - 108 -
1 Administration disability certification that the applicant
2 suffers total disability.
3 § 2707. License periods.
4 Licenses shall be issued for the period beginning September 1
5 and ending August 31 of the year next following. The effective
6 and expiration dates of additional distinct licenses required or
7 authorized by this title or by resolution of the commission
8 shall be fixed by the commission.
9 § 2708. Application requirements.
10 Applicants for any class of license shall be required to
11 complete and affix their signature to a legible application,
12 indicating the class of license desired, either printed or
13 typed, on forms supplied by the commission and containing such
14 information as may be required by the director. The signature of
15 the applicant shall certify the corrections of all information
16 required on the application.
17 § 2709. License costs and fees.
18 (a) License costs.--Any person who qualifies under the
19 provisions of this chapter shall be issued the applicable
20 license upon payment of the following costs and the issuing
21 agent's fee:
22 (1) Junior resident hunting - $5.
23 (2) Adult resident hunting - $8.
24 (3) Senior resident hunting - $5.
25 (4) Bear hunting - $5.
26 (5) Antlerless deer - $5.
27 (6) Military resident antlerless deer - $5.
28 (7) Resident disabled veteran's antlerless deer - $5.
29 (8) Landowner antlerless deer - $5.
30 (9) Archery deer - $5.
19820H2499B3347 - 109 -
1 (10) Muzzleloader deer - $5.
2 (11) Three-day regulated shooting grounds - $5.
3 (12) Adult nonresident hunting - $60.
4 (13) Junior resident furtakers - $5.
5 (14) Adult resident furtakers - $8.
6 (15) Senior resident furtakers - $5.
7 (16) Nonresident furtakers - $350.
8 (17) Resident disabled veteran hunting or furtaking - no
9 cost.
10 (18) Replacement license - the cost of the original
11 license.
12 (b) Refunds.--Except as provided in section 501 (relating to
13 refund of moneys paid erroneously or unjustly), license fees are
14 not refundable.
15 (c) Agent fee.--Issuing agents shall be entitled to and may
16 retain the additional sum of 50¢ for each nonresident hunting or
17 furtaking license and the sum of 35¢ for each other license or
18 replacement license or stamp issued as full compensation for
19 their services.
20 § 2710. Replacement of lost licenses.
21 (a) Regular licenses.--Any holder of a license who in any
22 manner suffers the theft, destruction, mutilation or loss of the
23 license tag shall be issued a replacement license upon
24 application to the commission or to any issuing agent, the
25 execution of the affidavit and application form provided for
26 that purpose, the forfeiture of any remaining portions of the
27 lost license and payment of the prescribed cost and fee. The
28 issuing agent shall indicate on the face of the license the word
29 "replacement" together with the number of the original license.
30 (b) Special licenses.--Special licenses lost in or by the
19820H2499B3347 - 110 -
1 United States Postal Service shall be replaced by the issuing
2 agent at a reasonable fee set by the commission. An affidavit
3 shall be submitted by the applicant for the replacement of any
4 lost special license.
5 § 2711. Unlawful acts concerning licenses.
6 (a) General rule.--Except as otherwise provided in this
7 title, it is unlawful for any person to:
8 (1) Hunt or take any wildlife by any means or manner or
9 device, including the use of dogs, without first securing and
10 personally signing and displaying the required resident or
11 nonresident hunting or furtaking license plus any additional
12 tag or stamp prescribed by this title.
13 (2) Procure a license in a name other than his legal
14 name, furnish an address other than his legal place of
15 residence and domicile or make any false or misleading
16 statement whatsoever in securing a license.
17 (3) Lend or transfer in any manner whatsoever a license
18 or tag or wildlife kill tag to any other person regardless of
19 the purpose.
20 (4) Issue or aid, assist or conspire, either for that
21 person or any other person, in procuring any hunting or
22 furtaking license for which that person is not legally
23 entitled thereto.
24 (5) Possess while hunting or taking furbearers or going
25 to or from hunting or taking furbearers any report card,
26 license tag, license stamp or wildlife kill tag belonging to
27 another.
28 (6) Receive a hunting or furtaking license under any
29 circumstances if under 12 years of age.
30 (7) Receive a hunting or furtaking license without
19820H2499B3347 - 111 -
1 presenting a written request executed by a parent or legally
2 constituted guardian if under 17 years of age.
3 (8) Use firearms of any kind or a bow and arrow for the
4 purpose of hunting any wildlife or attempting to take or kill
5 any wildlife by hunting or trapping if under 12 years of age
6 or when hunting or trapping any wildlife or attempting to
7 hunt or trap any wildlife if between 12 and 14 years of age,
8 unless accompanied by a parent or a person 18 years of age or
9 older serving in loco parentis or as guardian or some other
10 family member 18 years of age or older or when hunting if
11 between 14 and 16 years of age, unless accompanied by a
12 person 18 years of age or older. For the purpose of this
13 paragraph "accompany" means close enough that verbal
14 instructions and guidance can be easily understood.
15 (9) Remove or cause to be removed or permit the removal
16 of any hunting or furtaking license required by this title
17 from the place where the license is required to be displayed
18 for the purpose of concealing identity of that person or
19 resort to any other means or manner to conceal the identity
20 of that person.
21 (10) Hunt or take or aid, assist or attempt to hunt or
22 take furbearers or take any wildlife anywhere in this
23 Commonwealth, either with or without a license, or make
24 application or receive or attempt to conspire to receive any
25 license required by this chapter, during any period of time
26 that these privileges have been denied or withdrawn by this
27 title by the director or by a district justice or court.
28 (11) Conspire to or duplicate, reproduce, alter, forge
29 or counterfeit any permit, license or stamp required by this
30 title.
19820H2499B3347 - 112 -
1 (12) While exercising any of the privileges granted by
2 any permit, license or stamp provided for in this title,
3 refuse or fail to satisfactorily provide positive
4 identification to any landowner upon whose land that person
5 may be occupying or to any officer whose duty it is to
6 enforce this title.
7 (13) Violate any regulations promulgated under the
8 authority of this subchapter.
9 (b) Penalties.--A violation of this subchapter relating to:
10 (1) Hunting by a nonresident without a valid license or
11 licenses required by this title is a summary offense of the
12 fourth degree.
13 (2) Furtaking by a nonresident without a valid furtaking
14 license or licenses required by this title is a summary
15 offense of the second degree.
16 (3) Hunting or furtaking by a resident without a valid
17 license or licenses required by this title is a summary
18 offense of the fifth degree.
19 (4) Subsection (a)(1) insofar as it relates to signing
20 or displaying a license is a summary offense of the eighth
21 degree.
22 (5) Subsection (a)(2), (3), (4), (5) or (9) is a summary
23 offense of the fifth degree.
24 (6) Subsection(a)(6), (7) or (8) is a summary offense of
25 the seventh degree.
26 (7) Subsection(a)(11) is a summary offense of the third
27 degree.
28 (8) Any of the other provisions of this subchapter or
29 the regulations promulgated thereunder is a summary offense
30 of the fourth degree.
19820H2499B3347 - 113 -
1 (c) Separate offenses.--Each day of violation or each
2 illegal act constitutes a separate offense.
3 SUBCHAPTER B
4 AGENTS
5 2721. License issuance supervision.
6 2722. Authorized license issuing agents.
7 2723. Agent bonding requirements.
8 2724. Record of license sales.
9 2725. Remitting funds to commission.
10 2726. Unlawful acts concerning agents.
11 § 2721. License issuance supervision.
12 The issuance of all hunting and furtaking licenses and other
13 essential related functions shall be under the direct
14 supervision of the commission and made upon forms provided for
15 that purpose and in accordance with the regulations of the
16 commission.
17 § 2722. Authorized license issuing agents.
18 (a) County treasurer and commission employees.--Each county
19 treasurer or person acting as county treasurer and any employee
20 at each commission owned field division headquarters or other
21 commission headquarters may accept applications and issue
22 licenses unless otherwise restricted by this title or the
23 director.
24 (b) Appointment of additional agents.--The commission may
25 appoint such number of qualified persons, with similar
26 authority, as it deems necessary for the efficient distribution
27 of licenses required by this title.
28 (c) Agent responsible for employees.--The authorized agent
29 shall be solely responsible for each person acting under his
30 direction.
19820H2499B3347 - 114 -
1 (d) Recall of appointment or authority.--The director may
2 recall the appointment or authority of any county treasurer or
3 other agent at any time, with or without cause.
4 (e) Regulations.--The commission shall adopt regulations
5 for:
6 (1) The appointment of hunting or furtaking license
7 issuing agents and shall establish the appropriate
8 administrative fee for creating and maintaining these issuing
9 agents. County treasurers shall be exempt from the payment of
10 any administrative fee established by the commission.
11 (2) The administration, control and performance of
12 activities conducted pursuant to the provisions of this
13 chapter.
14 § 2723. Agent bonding requirements.
15 Except for agents already under bond to receive and disburse
16 public funds, every other agent shall furnish bond with
17 corporate surety, approved by the commission, in the minimum sum
18 of $10,000 for each location where licenses are sold prior to
19 the delivery of any license. The minimum bond for out-of-state
20 issuing agents shall be $15,000.
21 § 2724. Record of license sales.
22 (a) Daily record.--Each place where licenses are sold shall
23 maintain a complete daily record of all license transactions
24 including applications received in the manner and form
25 prescribed by the director. The applications and records shall
26 be made available, at any reasonable hour, for immediate
27 inspection to any officer charged with the enforcement of this
28 title or any representative of the Office of the Auditor General
29 or Attorney General.
30 (b) Monthly report.--Within five days following the first
19820H2499B3347 - 115 -
1 day and the 15th day of each month, each issuing agent shall
2 forward to the director, on forms supplied by the commission, a
3 complete report of licenses issued during the 15-day period, in
4 correct numerical sequence, together with all moneys collected
5 from the sale of licenses and any other information required by
6 the director.
7 § 2725. Remitting funds to commission.
8 (a) Deposit of funds.--All funds derived from this source
9 shall be deposited in the Wildlife Fund.
10 (b) Failure to comply.--Any issuing agent who fails to
11 comply with any of the provisions of this title or regulations
12 adopted thereunder relating to the issuance, recording of data
13 or remitting costs for licenses issued shall not be entitled to
14 retain the sum fixed for his services. These sums shall be paid
15 to the commission and, if not paid, may be recovered by the
16 commission, by suit. Delinquent agents are subject to a penalty
17 of 10% payable to the commission on any outstanding balance of
18 license money due the commission which penalty shall be
19 compounded on a monthly basis. Delinquent agents shall be
20 recalled after a delinquency period of 30 days.
21 § 2726. Unlawful acts concerning agents.
22 (a) General rule.--It is unlawful for an agent or his
23 representative to:
24 (1) Issue any license:
25 (i) To any person not fully qualified for or
26 entitled to the license.
27 (ii) To one whose privilege to hunt or take wildlife
28 has been denied by the commission or by a district
29 justice or court.
30 (iii) Without first securing the fees, affidavits,
19820H2499B3347 - 116 -
1 applications or other documents required by this title.
2 (iv) Without first securing satisfactory
3 identification.
4 (v) At a fee greater than the fee prescribed in this
5 title or by the commission.
6 (2) Sell, publish or disclose in any manner whatsoever
7 records or affiliations which an agent is required to
8 maintain to any person except as necessary to carry out the
9 functions and business of the commission or for any person to
10 purchase, secure, procure or disclose any of these records or
11 affiliations. This paragraph does not apply to records and
12 reports:
13 (i) Required for prosecutions of any violations of
14 this title.
15 (ii) Required for administrative proceedings held
16 pursuant to the laws of this Commonwealth.
17 (iii) Required for the prosecution of any violation
18 of any Federal laws or the laws of any other state.
19 (iv) Required to be published to enforce the
20 suspension or revocation of hunting and trapping
21 privileges by the commission.
22 (v) Authorized by action of the commission for the
23 sole purpose of exercising a legitimate governmental
24 function or duty.
25 When these records and reports are made available by the
26 commission for the limited purposes set forth in this
27 subsection, they shall not be published, circulated or disclosed
28 by the receiving agency for any purpose.
29 (3) Violate any of the other provisions of this
30 subchapter.
19820H2499B3347 - 117 -
1 (b) Penalty.--A violation of this subchapter or regulations
2 promulgated thereunder is a summary offense of the fifth degree.
3 Each license, stamp or permit involved in a violation
4 constitutes a separate offense.
5 SUBCHAPTER C
6 LICENSE DENIALS OR REVOCATIONS
7 Sec.
8 2741. Denial or revocation of licenses.
9 2742. Period of revocation.
10 2743. Notice of denial or revocation.
11 § 2741. Denial or revocation of license.
12 (a) Grounds for denial.--A hunting or furtaking license
13 shall be refused any person who:
14 (1) Has been denied the privilege to secure that license
15 in any manner by this title.
16 (2) Has been certified to the commission by recognized
17 medical authority or by any district justice or court of this
18 Commonwealth having jurisdiction to be mentally or physically
19 unfit or addicted to alcohol or drugs to the degree that the
20 person is unfit to exercise any of the privileges of this
21 title.
22 (b) Violations.--In addition to any penalty and costs
23 imposed by this title, the commission may revoke any hunting or
24 furtaking license and deny any person the privilege to secure a
25 license or to hunt or take furbearers anywhere in this
26 Commonwealth, with or without a license, if the licensee or
27 person has either been convicted or signed an acknowledgment of
28 guilt of violating any of the provisions of this title for such
29 periods as are specified in this subchapter.
30 (c) Authority of court.--Any district justice or court
19820H2499B3347 - 118 -
1 having jurisdiction in any case coming before it involving any
2 of the offenses contained in this title may revoke a hunting or
3 furtaking license and deny the privilege to secure a license or
4 to hunt or take furbearers anywhere in this Commonwealth, with
5 or without a license, as set forth in this title.
6 § 2742. Period of revocation.
7 (a) First offense.--Except as otherwise provided, for the
8 first offense any person convicted or having signed an
9 acknowledgment of guilt of violating any of the provisions of
10 this title may be denied the privilege to hunt or take wildlife
11 anywhere in this Commonwealth, with or without a license, for a
12 period not to exceed three years as the commission determines.
13 (b) Second or subsequent offense.--Except as otherwise
14 provided, any person convicted or having signed an
15 acknowledgment of guilt of a second or subsequent offense of
16 violating any of the provisions of this title may be denied the
17 privilege to hunt or take wildlife anywhere in this
18 Commonwealth, with or without a license, for such period as the
19 commission determines.
20 § 2743. Notice of denial or revocation.
21 To revoke a license then in force or to deny any person the
22 privilege to secure a license or to hunt or take wildlife
23 anywhere in this Commonwealth for any period, the commission
24 shall send a written notice to that effect to the person at the
25 last known address by United States Postal Service. The return
26 of an undeliverable notice shall be proof of service and shall
27 not be used as a defense against the denial or revocation of the
28 privilege to secure a license.
29 CHAPTER 29
30 SPECIAL LICENSES AND PERMITS
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1 Subchapter
2 A. General Provisions
3 B. Specific Classes of Permits
4 C. Permits Relating to Hunting Dogs
5 D. Permits Relating to Wildlife
6 SUBCHAPTER A
7 GENERAL PROVISIONS
8 Sec.
9 2901. Authority to issue permits.
10 2902. General categories of permits.
11 2903. Permit year.
12 2904. Permit fees.
13 2905. Examination or inspection fees.
14 2906. Records.
15 2907. Reports.
16 2908. Violations.
17 § 2901. Authority to issue permits.
18 (a) General rule.--The commission may issue permits as
19 specified in this chapter. Except as otherwise provided, permits
20 shall be issued only to persons who are residents of this
21 Commonwealth and 18 years of age or older.
22 (b) Regulations for permits.--The commission may, as deemed
23 necessary to properly manage the wildlife resources, promulgate
24 regulations for the issuance of any permit and promulgate
25 regulations to control the activities which may be performed
26 under authority of any permit issued.
27 (c) Interagency cooperation.--The commission may participate
28 with the United States Fish and Wildlife Service or any other
29 Federal, State or local governmental agency in the issuance of
30 permits.
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1 § 2902. General categories of permits.
2 (a) Federal permits.--Federal permits, which may be further
3 restricted by addendum, when countersigned by the director shall
4 become valid in this Commonwealth.
5 (b) Permits relating to lands.--The director may issue
6 permits relating to lands owned by the commission.
7 (c) Other permits.--The director may issue other permits,
8 with or without charge, as required to control the taking of
9 wildlife for scientific study or any other purpose consistent
10 with this title.
11 § 2903. Permit year.
12 Except as otherwise provided in this title, all permits shall
13 be issued for the time designated as the fiscal year for the
14 Commonwealth. The permit for a disabled person to hunt from a
15 vehicle shall cover the same period as the hunting license.
16 There will be no reduced fees for a permit issued for less than
17 a year.
18 § 2904. Permit fees.
19 The annual fee for permits provided for in this chapter shall
20 be as follows:
21 (1) Beaver dam removal - fee to be set by commission.
22 (2) Collecting $25.
23 (3) Disabled person - $5 for two years (expires every
24 even year).
25 (4) Dog training area - $50.
26 (5) Endangered or threatened species:
27 (i) Native - $100.
28 (ii) Nonnative - fee to be set by commission.
29 (6) Falconry - $25 for each raptor held.
30 (7) Dog trials (three consecutive days):
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1 (i) Field trials - $15 per day.
2 (ii) Raccoon trials - $15 per day.
3 (iii) Retriever trials - $25.
4 (8) Fox chasing - $100.
5 (9) Fur dealers:
6 (i) Resident - $100.
7 (ii) Nonresident - $300.
8 (10) Mount protected specimen - $25 per specimen.
9 (11) Regulated shooting grounds:
10 (i) Commercial - $100 for first 100 acres and $25
11 for each additional 100 acres or part thereof.
12 (ii) Noncommercial - $50 for first 100 acres and $15
13 for each additional 100 acres or part thereof.
14 (12) Release and retrap quail - $50.
15 (13) Retriever training area - $75.
16 (14) Taxidermy - $100.
17 (15) Wildlife (exotic) dealer - $500.
18 (16) Wildlife menagerie - $300.
19 (17) Wildlife (exotic) possession - $200 per animal.
20 (18) Wildlife propagation - $50 for one species and $25
21 for each additional species.
22 (19) The commission shall set a reasonable fee for any
23 permit required by this title which is not specifically set
24 forth in this section.
25 § 2905. Examination or inspection fees.
26 The director shall fix an additional fee to cover the costs
27 of any required examination or inspection of facilities required
28 for the issuance of any permit. No such fee shall be returned if
29 the applicant fails to appear for the examination, fails to pass
30 the examination or the facilities inspected do not meet the
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1 required standards. If any applicant fails any examination or
2 any facility fails to meet the required standards, a like fee
3 will be charged for each re-examination or subsequent
4 inspection.
5 § 2906. Records.
6 Each permit holder shall keep accurate records of all
7 transactions carried out under authority of the permit and any
8 other information required by the director. The records are not
9 limited to but must include dates, names and addresses and a
10 complete description of the transaction. The records must be
11 kept for a period of three years and shall be open to inspection
12 by any officer of the commission at any reasonable hour and
13 shall be the basis of any reports required by the commission.
14 § 2907. Reports.
15 The director may require reports from any permit holder.
16 Annual reports shall be due within 30 days after expiration of
17 the permit. The director may designate other times for reports
18 if information is needed for any reason.
19 § 2908. Violations.
20 (a) General rule.--It is unlawful to:
21 (1) Exercise any of the privileges granted by a permit
22 issued under this title without first securing the required
23 permit.
24 (2) Fail to carry any permit or show the permit to any
25 officer whose duty it is to enforce this title while
26 exercising any privilege granted by the permit.
27 (3) Aid, assist or conspire with any person contrary to
28 this chapter or regulations promulgated thereunder.
29 (4) Make any false or misleading statement on any
30 application or any required report.
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1 (5) Fail to submit any report when required or to keep
2 accurate records.
3 (6) Violate any other provisions of this subchapter.
4 (b) Penalty.--
5 (1) A violation of any provision of this subchapter
6 relating to permits issued under section 2904(15), (16) and
7 (17) (relating to permit fees) is a summary offense of the
8 first degree.
9 (2) Except for endangered or threatened species, a
10 violation of any other provision of this subchapter is a
11 summary offense of the fifth degree.
12 SUBCHAPTER B
13 SPECIFIC CLASSES OF PERMITS
14 Sec.
15 2921. Collecting permits.
16 2922. Disabled person permits.
17 2923. Endangered or threatened species permits.
18 2924. Falconry permits.
19 2925. Taxidermy permits.
20 2926. Protected specimen mounting permits.
21 2927. Regulated shooting grounds permits.
22 2928. Fur dealer permits.
23 2929. Propagating permits.
24 § 2921. Collecting permits.
25 (a) Issuance.--Unless further provided by commission
26 regulation, permits authorizing the holder to collect birds,
27 their nests with eggs found therein and animals, protected by
28 this title, for exhibition in public museums or scientific study
29 or school instruction may be issued to:
30 (1) Persons of known scientific attainment in either
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1 ornithology or mammalogy for scientific study whether
2 residents of this Commonwealth or not.
3 (2) Agents of public museums or institutions of learning
4 for exhibition purposes whether residents of this
5 Commonwealth or not.
6 (b) Application and project outline.--Applicants for a
7 collecting permit or a renewal of a collecting permit shall
8 include an outline of the project they are working on or propose
9 to begin. This outline shall include any benefits for wildlife
10 or useable scientific information they expect to generate along
11 with the minimum number of specimens of each species needed. The
12 application and project outline shall be reviewed by the
13 director who may approve, reject or modify the project.
14 (c) Permit conditions.--The permit may list the number of
15 specimens to be taken and specify the method of taking.
16 (d) Unlawful acts.--It is unlawful to:
17 (1) Take more than the number of specimens shown on the
18 permit.
19 (2) Sell or offer for sale or barter any specimen
20 obtained.
21 (3) Transfer control of any specimen to another person
22 without first securing written permission from the director.
23 (4) Violate any other provisions of this section.
24 (e) Penalty.--Except for endangered or threatened species, a
25 violation of this section is a summary offense of the fifth
26 degree.
27 § 2922. Disabled person permits.
28 (a) Use of vehicle as a blind.--Unless further provided by
29 commission regulation, a permit to hunt from a vehicle may be
30 issued to a disabled person who qualified for a hunting license
19820H2499B3347 - 125 -
1 pursuant to Chapter 27 (relating to hunting and furtaking
2 licenses) and who meets any of the following requirements:
3 (1) Is suffering from paraplegia and has permanent
4 paralysis of both legs and lower parts of the body.
5 (2) Is suffering from hemiplegia and has permanent
6 paralysis of one leg and one arm on either side of the body.
7 (3) Has suffered amputation of both feet or one hand and
8 one foot.
9 (4) Is permanently confined to a wheelchair.
10 Applicants for this permit must submit a doctor's statement
11 certifying the disabilities are permanent. Permittees must carry
12 the permit upon their person while hunting. Any person named on
13 this permit may hunt while using an automobile or other vehicle
14 as a blind. Holders of this permit must not use the vehicle to
15 flush or locate game. The vehicle may be used only as a blind or
16 platform from which to shoot.
17 (b) Regulated shooting grounds.--A permit may be issued to
18 hunt on a regulated shooting ground to any person who presents a
19 doctor's certificate showing that the person is physically
20 unable to walk for an extended period of time, authorizing him
21 to hunt for, pursue and kill from an automobile or other vehicle
22 on regulated shooting grounds those species of game authorized
23 for release on such areas, subject to rules and regulations
24 prescribed by the commission. The permittee shall carry the
25 permit while hunting on regulated shooting grounds and shall, in
26 addition, display a current valid hunting license.
27 (c) Bow and arrow.--A permit may be issued to any disabled
28 person who is suffering from permanent paralysis of one arm or
29 who has suffered amputation of one arm, authorizing that person
30 to hunt by the use of a bow and arrow which is held in place by
19820H2499B3347 - 126 -
1 a brace secured around the body of the hunter or is triggered
2 with the aid of a mechanical device. The bow and arrow or other
3 device must be approved by the director.
4 (d) Penalty.--A violation of this section is a summary
5 offense of the fifth degree.
6 § 2923. Endangered or threatened species permits.
7 (a) Issuance.--The commission may issue permits for the
8 importation, exportation, sale, exchange, taking or possession
9 of any birds or animals classified as endangered or threatened
10 species, living or dead, or any parts thereof, including eggs.
11 (b) Species native to Commonwealth.--The commission may
12 issue permits for birds or animals native to this Commonwealth
13 which are classified as endangered or threatened species in the
14 Pennsylvania Code.
15 (c) Species not native to Commonwealth.--The commission may
16 join with the appropriate Federal agency in issuing joint
17 permits for any birds or animals not native to this Commonwealth
18 which are classified as endangered or threatened species in the
19 Code of Federal Regulations. An endorsement by the director on a
20 copy of a Federal permit with an addendum of any further
21 restrictions will be considered a joint permit if no formal
22 joint permit is issued.
23 (d) Unlawful acts.--It is unlawful for any person to import,
24 export, transport, sell, exchange, take or possess or aid, abet,
25 assist or attempt to import, export, transport, sell, buy,
26 exchange, take or possess any birds or animals of any endangered
27 or threatened species, living or dead, or any parts thereof,
28 including eggs, or to violate any regulations pertaining to such
29 wildlife or this section.
30 (e) Penalties.--
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1 (1) A violation of subsection (b) or (c) relating to
2 permit violations is a summary offense of the first degree.
3 (2) The penalty for a violation of any other provision
4 of this section is the same as set forth in section 2166(b)
5 and (c) (relating to endangered or threatened species).
6 (3) A person who proves possession of any of the items
7 prohibited by this section on or before March 28, 1974 shall
8 be exempt from the penalties and forfeitures for mere
9 possession.
10 § 2924. Falconry permits.
11 (a) Powers of commission.--The commission may adopt
12 regulations consistent with Federal fish and wildlife laws and
13 regulations concerning the sport of falconry.
14 (b) Unlawful acts.--It is unlawful to practice any of the
15 actions defined as falconry under this section without a
16 falconry permit or to violate any regulation of the commission
17 or the United States Fish and Wildlife Service whose regulations
18 pertaining to falconry are hereby made a part of this title.
19 (c) Penalty.--Except for endangered or threatened species, a
20 violation of this section or any regulation adopted by the
21 commission regarding falconry is a summary offense of the fifth
22 degree.
23 § 2925. Taxidermy permits.
24 (a) Requirements.--Unless further provided by commission
25 regulation, any person now holding a taxidermy permit shall be
26 eligible for a renewal. The first time any person is issued a
27 new permit to practice taxidermy, the commission shall set up a
28 system of examinations to determine the fitness of all
29 applicants for the permits including the establishment of
30 appropriate fees covering the cost of such examination. Nothing
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1 contained in this section shall preclude the requirements of any
2 other State or Federal law.
3 (b) Activities authorized.--Permits issued to persons
4 residing within this Commonwealth desiring to practice taxidermy
5 shall authorize the holder thereof to:
6 (1) Unless otherwise restricted, receive from any person
7 any bird or animal that has been legally or accidentally
8 killed, keep the specimen or any part thereof in possession
9 indefinitely and mount the specimen or any part thereof,
10 either himself or through any legitimate employee.
11 (2) Sell or dispose of any unclaimed specimen.
12 (3) Mount and sell any bird or animal which is lawfully
13 disposed of under authority of this title and the state or
14 nation where killed or taken.
15 (c) Unlawful acts.--It is unlawful:
16 (1) For any taxidermist to mount any bird or animal, or
17 part thereof, protected by this title, which was not lawfully
18 killed or raised under authority of a propagating permit
19 until the owner thereof presents a permit obtained from the
20 commission and, in the case of migratory birds, the required
21 Federal permit.
22 (2) For any person to do taxidermy work for another
23 without a permit. Employees of a licensed taxidermist may
24 perform taxidermy work without a permit at the permittee's
25 shop under the supervision of the permittee who shall be
26 solely responsible for the quality of the work.
27 (3) To violate any other provision of this section.
28 (d) Penalty.--A violation of this section is a summary
29 offense of the fourth degree.
30 § 2926. Protected specimen mounting permits.
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1 (a) Authorization.--Unless further provided by commission
2 regulation, a permit shall allow the holder to have one
3 protected specimen mounted for his personal use. This permit
4 shall be issued by the director for any specimen not protected
5 by Federal laws or regulations that has been accidentally or
6 otherwise killed. The person applying for the permit shall have
7 nothing to do with the killing of the protected specimen.
8 (b) Endorsement of Federal permit.--The director may endorse
9 any Federal permit issued for mounting a migratory specimen
10 which would have the same effect as having issued a State permit
11 and for which action the same fee shall be charged as if a
12 separate permit was issued.
13 (c) Unlawful acts.--It is unlawful:
14 (1) To possess a protected specimen without a permit as
15 required by this section.
16 (2) For a taxidermist or any other person to mount any
17 protected specimens unless the owner of the specimen has
18 presented him with a copy of a permit issued by the
19 commission. A licensed taxidermist may accept a protected
20 specimen for safekeeping and, after notifying the nearest
21 commission officer, hold it until the owner obtains the
22 necessary permit or for a period not exceeding 60 days.
23 (d) Penalty.--A violation of this section is a summary
24 offense of the fourth degree.
25 § 2927. Regulated shooting grounds permits.
26 (a) Eligibility.--Regulated shooting grounds require a
27 minimum of 100 acres of land, or land and water combined, on
28 which the permittee must release one of the following species of
29 domestically produced and properly marked game birds, namely,
30 ringneck pheasants, bobwhite quail or mallard ducks. Any of the
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1 listed species and chukar partridges may be released only if
2 they are listed on the permit application and propagated by the
3 permittee or received from a legal source and marked by the
4 removal of the right toe on the right foot or marked by another
5 method required or approved by the commission. At least 100 of
6 each species listed on the permit shall be released.
7 (b) Classes of permits.--The following shall be the classes
8 of permits:
9 (1) Commercial - open to the public for a fee or other
10 charge.
11 (2) Noncommercial - used by permittee only or guests
12 with no fee or any charge for the use of the area or the
13 birds.
14 (c) Marking boundary.--The boundary of the premises covered
15 by a permit as a regulated shooting grounds shall be marked in
16 such manner that any intruder is warned of the purpose of the
17 area and that it is unlawful to enter the area without
18 permission. The commission shall recommend wording for signs to
19 be used for this purpose.
20 (d) Hunting regulations.--Permittees and their guests may
21 shoot the birds released by them during the regulated shooting
22 grounds season which shall be set each year by the commission
23 without regard to the general Statewide season. Persons hunting
24 on a regulated shooting grounds are required to have and display
25 a hunting license, as required by this title, and the methods of
26 hunting and taking these game birds shall be in compliance with
27 provisions of this title.
28 (e) Seasons and bag limits.--All species of game, other than
29 those specified, found on the premises covered by the regulated
30 shooting grounds permits may be taken on the premises only under
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1 the general provisions of this title governing seasons and bag
2 limits. Holders of three-day hunting licenses for regulated
3 shooting grounds shall not be permitted to take any wildlife at
4 any time other than game birds authorized for shooting and
5 released on the regulated shooting grounds.
6 (f) Tagging killed birds.--Before any released bird killed
7 under the provisions of a regulated shooting grounds permit is
8 consumed on the premises or removed from the premises, the
9 permittee shall attach a tag to each bird killed. The tags shall
10 be numbered consecutively and supplied by the commission at
11 reasonable cost and shall contain such information as the
12 commission may require. No game bird killed on a regulated
13 shooting ground shall have the right foot removed until a
14 regulated shooting ground's tag for the current season is
15 attached to the bird. The tags shall remain attached to the
16 individual birds until prepared for consumption and shall not be
17 used more than once.
18 (g) Dog training and trials.--Dogs may be trained or field
19 trials may be held at any time of the year upon the premises
20 covered by a regulated shooting grounds permit and retriever
21 trials may be conducted thereon. All birds killed shall be
22 included in the reported kill. Except during the open season for
23 shooting, no game birds shall be killed while training dogs or
24 conducting field trials. The special permit required in this
25 title shall first be obtained to conduct a retriever trial
26 thereon at any other period.
27 (h) Unlawful acts.--It is unlawful to:
28 (1) Remove from or consume on the premises covered by a
29 regulated shooting grounds permit pheasants, bobwhite quail
30 or mallard ducks killed in accordance with the provisions of
19820H2499B3347 - 132 -
1 this section which have not been tagged as required by this
2 section.
3 (2) Violate any of the provisions of this chapter
4 regarding marking and tagging of birds.
5 (3) Use any methods to hunt for, chase or kill birds on
6 a regulated shooting ground which are not specifically
7 permitted by this title.
8 (4) Trap any game bird or have any trap set that is
9 capable of taking a game bird alive on any regulated shooting
10 grounds unless authorized by this title.
11 (5) Hunt for or take any game on a three-day hunting
12 license other than permitted by subsection (f).
13 (6) Violate any of the other provisions of this section.
14 (i) Penalty.--A violation of this section is a summary
15 offense of the fifth degree. Each bird or animal involved in a
16 violation constitutes a separate offense.
17 § 2928. Fur dealer permits.
18 (a) Residents.--Holders of resident fur dealer permits shall
19 establish a regular place of business where they and their
20 employees may receive or buy raw furs. The person to whom a
21 resident fur dealer's permit is issued may also receive or buy
22 raw furs anywhere within this Commonwealth.
23 (b) Nonresidents.--Unless further restricted by commission
24 regulation, a permit issued to a nonresident or a nonresident
25 firm or corporation shall authorize the nonresident or a
26 representative of the firm or corporation to receive or buy raw
27 furs anywhere in this Commonwealth for the purpose of reselling.
28 The firm shall designate one person to act as their buyer. This
29 person's name shall appear on the face of the permit. The permit
30 must be carried at all times when such person is engaged in
19820H2499B3347 - 133 -
1 buying raw furs.
2 (c) Unlawful acts.--It is unlawful for any person to:
3 (1) Obtain raw furs by purchase or barter for the
4 purpose of reselling without a permit as required by this
5 section.
6 (2) Violate any other provisions of this section.
7 (d) Penalty.--A violation of this section is a summary
8 offense of the third degree if the violator is a resident or a
9 summary offense of the first degree if the violator is a
10 nonresident.
11 § 2929. Propagating permits.
12 (a) Authorization.--The commission may issue permits to
13 propagate any wild bird or wild animal presently found in a wild
14 state within this Commonwealth as long as Federal law does not
15 prohibit the possession and propagation. If required, all
16 Federal permits must first be obtained.
17 (b) Form.--Each permit shall be on a form designated by the
18 commission and shall name the species covered.
19 (c) Wildlife stock.--No stock used or held under authority
20 of a propagating permit may be obtained from the wild within
21 this Commonwealth. All stock must be lawfully acquired.
22 (d) Pens, shelters and enclosures.--The commission shall
23 adopt regulations concerning the type and size of pens, shelters
24 and enclosures used for propagating any species of wildlife. All
25 pens, shelters or enclosures used to hold wildlife under
26 authority of a propagating permit shall provide for the health
27 and comfort of the wildlife and be designed to protect the
28 public, confine the species designated on the permit and exclude
29 any species which might be present in the wild.
30 (e) Marking game birds.--All game birds raised or held under
19820H2499B3347 - 134 -
1 authority of a propagating permit shall be marked by one of the
2 following methods:
3 (1) A toe shall be clipped from the right foot before
4 reaching one week of age.
5 (2) A marker shall be furnished by the commission at a
6 reasonable cost. The markers must be attached in compliance
7 with commission regulations no later than six weeks of age.
8 (f) Marking of animals.--The director may require the
9 marking of any or all wild animals held and will stipulate the
10 methods of marking.
11 (g) Disposition of wildlife.--Where wildlife of any kind is
12 raised, or eggs of wild birds are produced, on premises under
13 authority of a propagating permit, game or eggs and the pelts or
14 hides of birds or animals may be sold or given away, and birds
15 or animals may be shipped alive for propagating purposes, or may
16 be killed within the enclosure, for sale or gift, without regard
17 to sex or numbers, at any time of the year. No small game may be
18 killed by shooting within the enclosure and customers are not
19 permitted to participate in the killing of big game in any
20 manner.
21 (h) Receipt for shipping wildlife.--Each shipment of eggs,
22 pelts, birds or animals, living or dead, or parts of birds or
23 animals, raised or held under authority of a propagating permit
24 shall be accompanied by a receipt issued by the permittee
25 describing the shipment and stating the origin of the shipment,
26 date, what is being shipped, propagating permit number,
27 destination and any other information which may be required by
28 the director. The receipt shall be available for examination at
29 any reasonable time until the shipment reaches its final
30 destination at which time it becomes part of the consignee's
19820H2499B3347 - 135 -
1 record and must be retained for three years.
2 (i) Unlawful acts.--It is unlawful to:
3 (1) Have any wildlife in possession without the required
4 permit.
5 (2) Violate any of the provisions of this section or
6 regulations pertaining to this section.
7 (j) Penalty.--A violation of this section is a summary
8 offense of the fifth degree.
9 SUBCHAPTER C
10 PERMITS RELATING TO HUNTING DOGS
11 Sec.
12 2941. Dog training areas.
13 2942. Special retriever training areas.
14 2943. Field dog trials.
15 2944. Field dog trials for retrievers.
16 2945. Fox chasing.
17 2946. Use of domestic quail to train dogs.
18 § 2941. Dog training areas.
19 (a) Establishment.--Upon the application of 20 or more
20 citizens of this Commonwealth, the commission may issue a permit
21 to the applicants authorizing the establishment and maintenance
22 on land owned by them or over which they have legal control of a
23 special dog training area where dogs may be trained at any time
24 during the entire year and field trials may be conducted without
25 the necessity of securing the field trial permit. No such dog
26 training area shall be less than 100 acres nor more than 250
27 acres. Permits shall not be issued for more than ten special dog
28 training areas in any one county.
29 (b) Training periods.--At any time during the year,
30 permittees or guests may train their own dogs or the dogs of
19820H2499B3347 - 136 -
1 other persons on the designated dog training area.
2 (c) Hunting and furtaking restrictions.--Neither the
3 permittees nor any other person shall at any time hunt or take
4 furbearers within the confines of the dog training area. The
5 permittees, or any person authorized by them, may hunt or trap
6 unprotected wildlife for the purpose of population control. A
7 permit must be secured from the director permitting the removal
8 of any protected wildlife.
9 (d) Big game hunting may be permitted.--Hunting of big game
10 may be permitted on dog training areas during seasons fixed by
11 the commission. Action of the permittees to permit big game
12 hunting shall be conspicuously posted in the vicinity of the
13 area at least two weeks prior to any such season.
14 (e) Marking boundary.--The boundary line of a special dog
15 training area shall be plainly and conspicuously posted prior to
16 October 1 of each year with legible notices at least 10 by 12
17 inches in size, placed not more than 100 yards apart and bearing
18 such information as the commission may require.
19 (f) Illegal acts.--It is unlawful to:
20 (1) Permit, or through negligence permit, dogs to
21 disturb wildlife on a dog training area contrary to the
22 provisions of this section.
23 (2) Trap for any wildlife on a dog training area without
24 a permit.
25 (3) Willfully, negligently or maliciously cut, remove,
26 cover up, deface or otherwise mutilate, injure or destroy any
27 special dog training area boundary fence or wire or poster
28 placed in accordance with the provisions of this section.
29 (4) Violate any other provision of this section.
30 (g) Penalty.--A violation of this section is a summary
19820H2499B3347 - 137 -
1 offense of the fifth degree.
2 § 2942. Special retriever training areas.
3 (a) Establishment.--Upon application of any club or
4 organization having 20 or more members or upon the application
5 of 20 or more citizens of this Commonwealth, the commission may
6 issue a permit to the applicants authorizing the establishment
7 and maintenance on land owned by them or over which they have
8 legal control of a special retriever dog training area where
9 dogs may be trained at any time during the entire year. No dog
10 training area shall be of less than ten acres nor more than 50
11 acres. No retriever dog training area shall be established
12 within the boundary of a regulated shooting ground.
13 (b) Releasing tagged birds.--The permittee may release
14 domestically produced and properly marked ringneck pheasants,
15 bobwhite quail or mallard ducks which may be shot and retrieved
16 with retriever dogs. The released birds shall be individually
17 tagged prior to release with metal tags supplied by the
18 commission, at a reasonable fee, and bearing such information as
19 the commission shall prescribe.
20 (c) Shooting untagged birds.--Any untagged birds which are
21 shot or injured shall immediately be delivered to an officer of
22 the commission for disposition along with the sum of $25 for
23 each untagged bird killed. This money shall be forwarded to the
24 commission to be used to replace the bird killed.
25 (d) Fees and charges.--The permittee shall not impose or
26 accept a fee or charge for the use of the area. The fee for any
27 birds furnished to members or guests shall not be greater than
28 actual cost in acquiring or raising the bird.
29 (e) Hunter's license required.--Every person participating
30 in dog training or shooting under this section shall possess a
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1 resident or nonresident hunter's license for the current year as
2 required by this title.
3 (f) Training periods.--The permittee may at any time during
4 the entire year train his own dog or the dogs of other persons
5 on the training area or permit others to do so under such
6 conditions as shall be mutually agreed upon.
7 (g) Hunting and furtaking restrictions.--Neither the
8 permittee nor any other person shall at any time hunt or take
9 furbearers within the confines of the training area. This
10 limitation shall not apply while training dogs. The permittees
11 or any person authorized by them may hunt or trap unprotected
12 wildlife at any time and furbearers in season for the purpose of
13 controlling the wildlife on the area and may permit the public
14 to hunt bear and deer on the area during seasons fixed by the
15 commission.
16 (h) Marking boundary.--The boundary line of a special
17 retriever dog training area shall be plainly and conspicuously
18 posted prior to October 1 of each year with legible notices as
19 prescribed by the commission.
20 (i) Unlawful acts.--It is unlawful to violate any of the
21 provisions of this section.
22 (j) Penalty.--A violation of this section is a summary
23 offense of the fifth degree.
24 § 2943. Field dog trials.
25 (a) Authorization.--Permits to hold dog trials on specified
26 wild birds and animals may be issued by the director.
27 Participants in these trials shall not be required to have a
28 hunting license.
29 (b) Trials for small game.--It is lawful to hold field
30 trials or meets where dogs are permitted to work on liberated or
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1 native small game during daylight hours only:
2 (1) During the period of the year when dog training is
3 permitted by this title.
4 (2) At any time of the year during daylight hours on a
5 licensed special dog training area or regulated shooting
6 grounds if the trial or meet is sponsored by the holder of
7 the special dog training area permit or the holder of the
8 regulated shooting grounds permit.
9 (3) During the period of the year when dog training is
10 prohibited by this title if a proper field trial permit is
11 obtained.
12 (c) Trials for raccoons.--It is lawful to hold trials or
13 meets where dogs may work on drags or live raccoons, led or
14 released at any hour, if permission is obtained to use
15 privately-owned land when the meet or trial is to be held on
16 Sunday:
17 (1) During the period of the year when dog training is
18 permitted by this title.
19 (2) During the period of the year when dog training is
20 prohibited by this title if a raccoon dog field trial permit
21 is obtained.
22 (d) Unlawful acts.--It is unlawful to:
23 (1) Aid, abet, assist or participate in any trial or
24 meet for dogs without a permit as required in this section.
25 (2) Aid, abet, assist or participate in any field trial
26 in violation of any other provisions of this section.
27 (e) Penalty.--A violation of this section is a summary
28 offense of the fifth degree.
29 § 2944. Field dog trials for retrievers.
30 (a) Authorization.--It is lawful to hold field meets or
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1 trials for retrieving dogs, where the skill of the dogs is
2 demonstrated by retrieving dead, wounded or trussed game birds,
3 which have been propagated or otherwise legally acquired and
4 released on the day of the trials, on premises owned or
5 controlled by the club or individual conducting them at any time
6 of the year during daylight hours after having secured a permit
7 required under this section.
8 (b) Permit.--Permits shall be required for all retriever
9 trials where game birds are shot and killed and for all other
10 trials held during the closed period for training dogs.
11 (c) Permission to kill birds.--The permits shall authorize
12 the holders to kill all of the birds released by the permittee
13 on the day of the trials or from the hand while the trials are
14 in progress.
15 (d) Official gun.--The person or persons designated by the
16 committee in charge to do the shooting for the trials shall be
17 known as the official gun or guns. No other person shall be
18 permitted to kill, or attempt to kill, any of the birds released
19 for the trials. Birds so released may be killed during the
20 closed period without regard to sex or numbers.
21 (e) Tagging of game birds.--Before any game birds are
22 released or killed under this section or consumed on the
23 premises or removed therefrom, a tag shall be attached to each
24 bird. The tags shall be numbered consecutively and supplied by
25 the commission at reasonable cost and shall contain such
26 information as the commission may require. The tags shall remain
27 attached to the individual birds until prepared for consumption
28 and shall not be used more than once.
29 (f) Unlawful acts.--It is unlawful to:
30 (1) Aid, abet, assist or participate in any trial for
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1 dogs without a permit as required in this section.
2 (2) Aid, abet, assist or participate in any retriever
3 field trial in violation of any other provisions of this
4 section.
5 (g) Penalty.--A violation of this section is a summary
6 offense of the fifth degree.
7 § 2945. Fox chasing.
8 (a) Authorization.--It is lawful during any period
9 designated by the commission for any fox hunting club, fox
10 hunting organization or individual owning and using an organized
11 pack of five or more fox hounds to chase foxes for sport by
12 riding after the hounds on horses or ponies after securing a
13 permit from the commission.
14 (b) Permit.--The director may issue a permit to allow fox
15 chasing by the use of hounds, horses and hole dogs during any
16 period of time that dogs may be trained on foxes within the
17 county in which the chase is held. Persons participating in any
18 chase authorized by this permit are not required to have a
19 hunting license.
20 (c) Unlawful acts.--It is unlawful to:
21 (1) Chase fox by the method described in this section
22 without first obtaining a permit.
23 (2) Kill or attempt to kill any fox being chased by
24 hounds under authority of a fox chasing permit with any gun
25 or device other than the dogs legally being used in the
26 chase.
27 (3) Violate any other provisions of this section.
28 (d) Penalty.--A violation of this section is a summary
29 offense of the fifth degree.
30 § 2946. Use of domestic quail to train dogs.
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1 (a) Permit and authorization.--Any person may obtain a
2 permit authorizing the release and retrap of domestic bobwhite
3 quail for dog training purposes during the regular dog training
4 season subject to the following conditions:
5 (1) The activity may be done at any time upon special
6 dog training areas only as provided by this title.
7 (2) The quail are legally obtained and are individually
8 tagged prior to release with tags furnished by the commission
9 at a reasonable cost and bearing such wording as the
10 commission shall prescribe.
11 (3) The permit shall not authorize more than two quail
12 traps.
13 (4) Each trap shall at all times bear a metal tag
14 setting forth the name, address and permit number of the
15 permittee.
16 (5) No more than 40 bobwhite quail tagged shall be in
17 possession of the permittee at any one time.
18 It shall be the responsibility of the permittee to check the
19 trap at least once during every calendar day and immediately
20 release any untagged quail or other trapped game or protected
21 birds. Water, suitable food and shelter shall be available in
22 the traps at all times when in use.
23 (b) Unlawful acts.--It is unlawful to:
24 (1) Except as permitted in subsection (a), have any
25 traps set designed for taking quail alive.
26 (2) Violate any of the provisions of this section.
27 (c) Penalty.--A violation of this section is a summary
28 offense of the fifth degree.
29 SUBCHAPTER D
30 PERMITS RELATING TO WILDLIFE
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1 Sec.
2 2961. Definitions.
3 2962. Exotic wildlife dealer permits.
4 2963. Exotic wildlife possession permits.
5 2964. Menagerie permits.
6 § 2961. Definitions.
7 The following words and phrases when used in this subchapter
8 shall have, unless the context clearly indicates otherwise, the
9 meanings given to them in this section:
10 "Exotic wildlife." Unless otherwise modified by commission
11 regulation, includes but is not limited to all bears, coyotes,
12 lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and
13 any crossbreed of these animals which have similar
14 characteristics. The definition is applicable whether or not the
15 birds or animals were bred or reared in captivity or imported
16 from another state or nation.
17 "Exotic wildlife dealer." Any person who imports into this
18 Commonwealth, possesses, buys, sells, locates or finds for a
19 fee, barters, donates, gives away or otherwise disposes of more
20 than one bird or one animal classified as exotic wildlife by
21 this subchapter or the commission during any calendar year.
22 "Menagerie." Any place where one or more wild birds or wild
23 animals, or one or more wild birds or wild animals which have
24 similar characteristics and appearance of birds or animals wild
25 by nature are kept in captivity for the evident purpose of
26 exhibition with or without charge.
27 § 2962. Exotic wildlife dealer permits.
28 (a) Authorization.--The commission may issue a permit to a
29 person to act as an exotic wildlife dealer. The permit shall
30 authorize the holder to import into this Commonwealth, possess,
19820H2499B3347 - 144 -
1 buy, sell, locate or find for a fee, barter, donate, give away
2 or otherwise dispose of exotic wildlife. A dealer or third
3 person who arranges any trades, sales or purchases set forth in
4 subsection (b) for any type of a fee, reimbursement or
5 commission shall be required to have an exotic wildlife dealer's
6 permit.
7 (b) Exclusion.--The requirements of subsection (a) shall not
8 apply to an accredited educational institution or an accredited
9 public zoological garden which receives governmental grants or
10 appropriations when buying, trading or selling wildlife to
11 another similar institution in any other state or nation.
12 (c) Shelter, care and protection.--No permit shall be
13 granted by the commission until it is satisfied that the
14 provisions for housing and care for the exotic wildlife and
15 protection for the public are proper and adequate and in
16 accordance with the standards which may be established by
17 regulations adopted by the commission.
18 (d) Unlawful acts.--It is unlawful for any person to:
19 (1) Import into this Commonwealth, possess, buy, sell,
20 locate or find for a fee, barter, donate, give away or
21 otherwise dispose of more than one bird or one animal
22 classified as exotic wildlife in any calendar year without
23 first securing a permit issued under this section.
24 (2) Release exotic wildlife into the wild.
25 (e) Penalty.--A violation of this section is a summary
26 offense of the first degree.
27 (f) Discretion of director.--In addition to the penalties
28 provided, the director may, for any violation of this section,
29 revoke or suspend any exotic permit and order the disposal of
30 any exotic wildlife held.
19820H2499B3347 - 145 -
1 § 2963. Exotic wildlife possession permits.
2 (a) Authorization.--The commission may issue permits to
3 persons to possess exotic wildlife which shall authorize the
4 holder to purchase or receive exotic wildlife from a person
5 issued a permit by the commission as an exotic wildlife dealer.
6 Exotic wildlife from any other lawful source may be imported
7 into this Commonwealth and possessed or held by any person after
8 an importation permit for each animal is first secured from the
9 commission.
10 (b) Fee and duration.--The fee for an importation permit
11 shall be $300 per animal. The permit shall be valid for a period
12 of 60 consecutive days following issuance.
13 (c) Exclusion.--The provisions of this section shall not
14 include an accredited educational institution or an accredited
15 public zoological garden providing the exotic wildlife is
16 purchased and disposed of in a lawful manner.
17 (d) Shelter, care and protection.--No permit provided for in
18 this section shall be granted until the commission is satisfied
19 that the provisions for housing and caring for such exotic
20 wildlife and for protecting the public are proper and adequate
21 and in accordance with the standards established by the
22 commission.
23 (e) Unlawful acts.--It is unlawful for any person to:
24 (1) Import into this Commonwealth, purchase, possess or
25 receive exotic wildlife, without first securing a permit to
26 possess or import exotic wildlife issued under this section
27 or regulations pertaining to this section.
28 (2) Release exotic wildlife into the wild.
29 (f) Penalty.--A violation of this section is a summary
30 offense of the first degree.
19820H2499B3347 - 146 -
1 (g) Discretion of director.--In addition to the penalties
2 provided, the director may, for any violation of this section,
3 revoke or suspend any permit and order the disposal of any
4 exotic wildlife held.
5 § 2964. Menagerie permits.
6 (a) Authorization.--The commission may issue permits for the
7 establishment and operation of menageries.
8 (b) Exclusion.--Menagerie shall not include any exhibition
9 of any wild bird or wild animal by any accredited educational
10 institution or in any accredited public zoological garden which
11 receives government grants or appropriations, or recognized
12 circus performances, or wildlife displayed by any sportsmen's
13 club or association at any local fair or exhibit after the club
14 or association has secured a permit, free of charge, from the
15 nearest commission office.
16 (c) Shelter, care and protection.--Prior to the issuance of
17 any permits the commission shall adopt regulations for the
18 housing, care, treatment, feeding, sanitation, purchase and
19 disposal of wild birds and wild animals kept in menageries and
20 for the protection of the public from such birds or animals. The
21 commission after issuing the permit shall enforce such
22 regulations.
23 (d) Unlawful acts.--It is unlawful to:
24 (1) Keep any wild bird or wild animal in captivity for
25 public exhibition, or to have any wild bird or wild animal in
26 custody or control for such purpose, without first securing a
27 permit issued by the commission.
28 (2) Violate any of the provisions of this section or to
29 release any bird or animal into the wild.
30 (e) Penalty.--A violation of this section is a summary
19820H2499B3347 - 147 -
1 offense of the second degree.
2 (f) Discretion of director.--In addition to the penalties
3 provided, the director may, for any violation of this section,
4 revoke or suspend any permit and order the disposal of any
5 wildlife held in the menagerie.
6 Section 2. Conforming amendments to Title 18.
7 Sections 6302 and 7506 of Title 18 are amended to read:
8 § 6302. Sale or lease of weapons and explosives.
9 (a) Offense defined.--A person is guilty of a misdemeanor of
10 the first degree if he sells or causes to be sold or leases to
11 any person under 18 years of age any deadly weapon, cartridge,
12 gunpowder, or other similar dangerous explosive substance.
13 (b) Exception.--The provisions of subsection (a) [of this
14 section] shall not prohibit hunting by minors under 18 years of
15 age permitted under [provisions of The Game Law] Title 34
16 (relating to game).
17 § 7506. Violation of rules regarding conduct on Commonwealth
18 property.
19 (a) Promulgation of rules and regulations.--The Department
20 of Environmental Resources, [Game] Pennsylvania Wildlife
21 Commission[,] and Pennsylvania Historical and Museum Commission
22 may promulgate rules and regulations governing conduct, other
23 than conduct regulated in section 7505 (relating to violation of
24 governmental rules regarding traffic), on Commonwealth property
25 within the jurisdiction of that agency. Such rules and
26 regulations shall be reasonably related to the preservation and
27 protection of such property for its specified or intended use,
28 or to promote the welfare, safety or protection of those persons
29 using such property, shall be consistent with existing law and
30 shall be posted in a manner reasonable likely to come to the
19820H2499B3347 - 148 -
1 attention of persons using such property.
2 (b) Violation penalty.--A person who violates any of the
3 rules and regulations promulgated pursuant to this section is
4 guilty of a summary offense.
5 Section 3. Conforming amendment to Title 30.
6 Section 902 of Title 30 is amended to read:
7 § 902. Enforcement of other laws.
8 All waterways patrolmen and deputy waterways patrolmen are
9 authorized to enforce all the laws of this Commonwealth, and
10 rules and regulations promulgated thereunder, relating to [game]
11 wildlife, parks and forestry, under the direction of the
12 Pennsylvania [Game] Wildlife Commission and of the Department of
13 Environmental Resources, respectively.
14 Section 4. Conforming amendments to Title 75.
15 Sections 4571(c) and 7727 of Title 75 are amended to read:
16 § 4571. Visual and audible signals on emergency vehicles.
17 * * *
18 (c) [Game] Wildlife Commission vehicles.--Vehicles [owned
19 and] operated by [the] Pennsylvania [Game] Wildlife Commission
20 members, officers and deputy officers may be equipped with
21 revolving or flashing red lights and audible warning devices in
22 accordance with subsection (a) or (b).
23 * * *
24 § 7727. Additional limitations on operation.
25 Except as otherwise permitted under [the act of June 3, 1937
26 (P.L.1225, No.316), known as "The Game Law,"] Title 34 (relating
27 to game), no person shall:
28 (1) Operate or ride in any snowmobile with any bow and
29 arrows or with any firearm in his possession unless it is
30 unloaded.
19820H2499B3347 - 149 -
1 (2) Drive or pursue any wildlife with a snowmobile.
2 Section 5. Transition provisions.
3 (a) Continuance of members of Game Commission.--The members
4 of the Pennsylvania Game Commission in office on the date when
5 this act becomes effective shall constitute the Pennsylvania
6 Wildlife Commission and shall hold their offices as members of
7 the Pennsylvania Wildlife Commission until their successors are
8 appointed as provided by 34 Pa.C.S. § 301 (relating to
9 organization of commission).
10 (b) Disposition of moneys in Game Fund.--All license fees,
11 permit fees, fines and other moneys received and collected under
12 the provisions of the act of June 3, 1937 (P.L.1225, No.316),
13 known as "The Game Law," or any other statute repealed and
14 replaced by 34 Pa.C.S. (relating to game) and now held in the
15 State Treasury as the Game Fund shall be placed in the Wildlife
16 Fund established under 34 Pa.C.S. § 521 (relating to
17 establishment and use of Wildlife Fund).
18 (c) Restoration of certain revoked privileges.--Any person
19 whose hunting and trapping privileges are now revoked under the
20 provisions of subsection (4) of section 315 of "The Game Law"
21 shall have such privileges restored upon the date when this act
22 becomes effective. This subsection shall not be construed to
23 affect any other revocation period imposed under other
24 provisions of "The Game Law."
25 (d) References in statutes.--A reference in a statute to the
26 Pennsylvania Game Commission or Board of Game Commissioners
27 shall, unless the context clearly indicates otherwise, be
28 construed to be a reference to the Pennsylvania Wildlife
29 Commission.
30 (e) Regulations, permits, etc..--All rules, regulations,
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1 orders, permits, licenses, decisions and other actions of the
2 Pennsylvania Game Commission shall remain in full force and
3 effect until modified, repealed, suspended, superseded or
4 otherwise changed by appropriate action of the Pennsylvania
5 Wildlife Commission.
6 (f) Limitation.--The provisions of section 8 of the act of
7 December 22, 1981 (P.L.508, No.142), known as the "Sunset Act,"
8 shall not apply to the Pennsylvania Wildlife Commission.
9 Section 6. Saving provision.
10 The provisions of 34 Pa.C.S. (relating to game) as added by
11 this act shall not affect any act done, liability incurred, or
12 right accrued or vested, or affect any suit or prosecution
13 pending or to be instituted to enforce any right or penalty, or
14 punish any offense, under the authority of any statute repealed
15 by this act.
16 Section 7. Repeals.
17 (a) Absolute repeals.--The following acts and parts of acts
18 are repealed:
19 Act of June 10, 1881 (P.L.95, No.101), entitled "An act to
20 amend part of an act, entitled 'An act to amend and consolidate
21 the several acts relating to game and game fish.'"
22 Act of May 8, 1907 (P.L.186, No.149), entitled "An act to
23 provide for the better protection and preservation of song and
24 insectiverous birds, and other wild birds, and providing
25 penalties for violation of its several provisions."
26 Act of April 21, 1915 (P.L.156, No.77), entitled "An act
27 extending the powers and duties of foresters, forest rangers,
28 game protectors, deputy game protectors, special deputy game
29 protectors, fish-wardens, and deputy fish-wardens of this
30 Commonwealth."
19820H2499B3347 - 151 -
1 Section 301 and Article XXVI, act of April 9, 1929 (P.L.177,
2 No.175), known as "The Administrative Code of 1929."
3 Act of June 3, 1937 (P.L.1225, No.316), known as "The Game
4 Law," including amendments through Act 86 of 1982.
5 Act of September 26, 1951 (P.L.1494, No.367), entitled "An
6 act authorizing the capture or destruction of unprotected birds
7 in any city or borough in certain cases."
8 Act of August 31, 1955 (P.L.550, No.132), entitled "An act
9 making it unlawful to import or release certain animals, known
10 as 'San Juan rabbits'; and charging the Department of
11 Agriculture with the enforcement of the act."
12 Act of May 25, 1961 (P.L.224, No.124), entitled "An act
13 authorizing cities to authorize or provide for the destruction
14 or killing of unowned pigeons by humane means."
15 Act of July 30, 1971 (P.L.270, No.66), entitled "An act
16 prohibiting the sale of certain wild animals or wild animal
17 products."
18 Act of November 9, 1973 (P.L.331, No.110), entitled "An act
19 prohibiting the sale of articles made in whole or in part from
20 the skin, hide, or other parts of wild birds or animals
21 designated as rare or endangered species and providing
22 penalties."
23 (b) Limited repeals.--The following acts and parts of acts
24 are repealed insofar as they apply to the Board of Game
25 Commissioners, the Pennsylvania Game Commission, game wardens or
26 game protectors:
27 Section 5, act of July 11, 1917 (P.L.818, No.317), known as
28 the "Dog Law of One Thousand Nine Hundred and Seventeen."
29 Article XXIV, act of April 9, 1929 (P.L.177, No.175), known
30 as "The Administrative Code of 1929."
19820H2499B3347 - 152 -
1 Section 8.1, act of April 13, 1942 (Sp.Sess., P.L.32, No.13),
2 known as "The Sabotage Prevention Act."
3 (c) Inconsistent repeals.--The following acts and parts of
4 acts are repealed insofar as they are inconsistent with the
5 provisions of Title 34 of the Pennsylvania Consolidated Statutes
6 (relating to game):
7 Section 204, act of April 9, 1929 (P.L.343, No.176), known as
8 "The Fiscal Code."
9 Sections 202 and 601, act of December 22, 1965 (P.L.1124,
10 No.437), known as the "Dog Law of 1965."
11 Section 8. Effective date.
12 This act shall take effect September 1, 1982, or, if finally
13 enacted thereafter, September 1, 1983.
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