34c2301h

 

 

CHAPTER 23

HUNTING AND FURTAKING

 

Subchapter

A.  General Provisions

B.  Hunting Big Game

C.  Hunting Small Game

D.  Furtaking Regulations

E.  Dogs Pursuing Game or Wildlife

 

Enactment.  Chapter 23 was added July 8, 1986, P.L.442, No.93, effective July 1, 1987.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

2301.  Prima facie evidence of hunting.

2302.  Interference with lawful taking of wildlife or other activities permitted by this title prohibited.

2303.  Hunting on Sunday prohibited.

2304.  Ownership of carcass of game or wildlife.

2305.  Retrieval and disposition of killed or wounded game or wildlife.

2306.  Killing game or wildlife by mistake.

2307.  Unlawful taking or possession of game or wildlife.

2308.  Unlawful devices and methods.

2309.  Unlawful removal of game or wildlife from place of refuge.

2310.  Unlawful use of lights while hunting.

2311.  Restrictions on recreational spotlighting.

2312.  Buying and selling game.

2313.  Investigation and seizure of game or wildlife.

2314.  Trespass on private property while hunting.

34c2301s

§ 2301.  Prima facie evidence of hunting.

(a)  General rule.--For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1)  Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

(2)  Possession of the carcass or any part or parts of any game or wildlife.

(3)  Pursuing game or wildlife in any manner prohibited by this title or commission regulation.

(b)  Lawful cooperation or assistance.--Notwithstanding any other provision of this title to the contrary, any person who has lawfully taken the bag or season limit for a particular species of game or wildlife or any person who meets the requirements of section 2701(c) (relating to license requirements) may aid, assist, abet or cooperate in any manner specified by this title or commission regulations with another person who is engaged in any lawful activity permitted by this title or the regulations of the commission.

34c2301v

(June 28, 2004, P.L.452, No.48, eff. imd.)

 

2004 Amendment.  Act 48 amended subsec. (b).

Cross References.  Section 2301 is referred to in section 2325 of this title.

34c2302s

§ 2302.  Interference with lawful taking of wildlife or other activities permitted by this title prohibited.

(a)  General rule.--Except as otherwise provided in this title, it is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title.

(a.1)  Activities which violate section.--A person violates this section when he intentionally or knowingly:

(1)  drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife or other permitted activities;

(2)  blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife or other permitted activities;

(3)  uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife or other permitted activities;

(4)  creates or erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife or other permitted activities may occur;

(5)  interjects himself into the line of fire;

(6)  affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife or other permitted activities in order to impair its usefulness or prevent its use;

(7)  enters or remains upon public lands or upon private lands without permission of the owner or their agent, with intent to violate this section; or

(8)  fails to obey the order of any officer whose duty it is to enforce any of the laws of this Commonwealth where such officer observes any conduct which violates this section or has reasonable grounds to believe that any person intends to engage in such conduct.

(b)  Enforcement and recovery of damages.--The commission or any person who is lawfully engaged in the taking, hunting or trapping of game or wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.

(c)  Exceptions.--The conduct declared unlawful in this section does not include any activities arising from lawful activity by other land uses, including farming, mining, forestry practices, recreation or any other activities when it is evident that such activities are not intended to violate this section.

(d)  Penalties.--A violation of this section is a summary offense of the second degree.

34c2302v

(May 28, 1992, P.L.262, No.45, eff. July 1, 1992)

34c2303s

§ 2303.  Hunting on Sunday prohibited.

(a)  General rule.--Except as otherwise provided in this title, it is unlawful for any person to hunt for any furbearer or game on Sunday.

(b)  Construction of section.--This section shall not be construed to prohibit:

(1)  The training of dogs.

(2)  The participation in dog trials as provided for in this title.

(3)  The removal of lawfully taken game or wildlife from traps or the resetting of the traps on Sunday.

(b.1) Exceptions.--Subsection (a) shall not apply to:

(1)  The hunting of foxes.

(2)  The hunting of coyotes.

(3)  Any hunting which occurs on noncommercial regulated hunting grounds holding a valid permit under section 2928(b)(2) (relating to regulated hunting grounds permits).

(c)  Penalty.--A violation of this section is a summary offense of the fifth degree.

34c2303v

(Dec. 17, 1990, P.L.724, No.180, eff. 60 days; June 22, 1994, P.L.356, No.53, eff. imd.)

34c2304s

§ 2304.  Ownership of carcass of game or wildlife.

(a)  General rule.--The carcass of game or wildlife lawfully killed or taken shall be the property of the person who inflicts a mortal wound which enables that person to take possession of the carcass.

(b)  Officer not to arbitrate disputes.--No officer whose duty it is to enforce this title shall be called upon to arbitrate any dispute concerning the ownership of game or wildlife or to testify concerning any such dispute.

34c2305s

§ 2305.  Retrieval and disposition of killed or wounded game or wildlife.

(a)  General rule.--It is unlawful for any person who kills or wounds any game or wildlife while engaged in any activities permitted by this title to refuse or neglect to make a reasonable effort to retrieve, retain or lawfully dispose of such game or wildlife.

(b)  Penalty.--A violation of this section is a summary offense of the fourth degree.

34c2306s

§ 2306.  Killing game or wildlife by mistake.

(a)  General rule.--Any person who, while hunting or trapping for game or wildlife which may be lawfully taken, by accident or mistake kills or attempts to kill any game or wildlife other than threatened or endangered species, contrary to the provisions of this title, shall pay restitution pursuant to subsection (b) to an officer of the commission.

(b)  Restitution.--Restitution for killing or an attempted killing by accident or mistake shall be as follows:

(1)  Each deer - $25.

(2)  Each turkey - $20.

(3)  Each other wild bird or wild animal, other than an endangered or threatened species - $15.

(4)  Each bear - $100.

(5)  Each elk - $100.

(c)  Procedural requirements.--Any person claiming a mistake kill or attempted kill of game or wildlife pursuant to this section shall:

(1)  Immediately remove all of the entrails of any edible game or wildlife and, if big game, tag the animal in the manner prescribed under section 2323 (relating to tagging and reporting big game kills).

(2)  Within 24 hours after the killing or attempted killing, report the same to the appropriate commission regional office by telephone or electronic communication.

(3)  Within 24 hours after the killing or attempted killing, deliver the entire carcass, less entrails, to any commission officer in the county in which killed for disposition and provide a written, sworn statement to the commission officer explaining when, where and how the accident or mistake occurred.

(4)  Within ten days after the killing or attempted killing, provide the commission officer full payment of restitution.

34c2306v

(July 9, 2010, P.L.387, No.54, eff. 60 days; Feb. 15, 2018, P.L.6, No.3, eff. 60 days)

 

2018 Amendment.  Act 3 amended subsecs. (a) and (b).

2010 Amendment.  See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

Cross References.  Section 2306 is referred to in section 2742 of this title.

34c2307s

§ 2307.  Unlawful taking or possession of game or wildlife.

(a)  General rule.--It is unlawful for any person to aid, abet, attempt or conspire to hunt for or take or possess, use, transport or conceal any game or wildlife unlawfully taken or not properly marked or any part thereof, or to hunt for, trap, take, kill, transport, conceal, possess or use any game or wildlife contrary to the provisions of this title.

(b)  Hunting before and after lawful hunting hours.--It is unlawful for any person to take, injure, kill, possess or transport or knowingly aid, abet, assist, attempt or conspire in any manner to take, injure, kill, possess or transport any game or wildlife or any part thereof which was taken within 30 minutes prior to the commencement of lawful hunting hours or within 30 minutes after the cessation of lawful hunting hours.

(c)  Wild birds and wild animals taken outside Commonwealth.--Nothing in this title shall prohibit the possession, at any time, of wild birds or wild animals lawfully taken outside of this Commonwealth which are tagged and marked in accordance with the laws of the state or nation where the wild birds or wild animals were taken. It is unlawful to transport or possess wild birds or wild animals from another state or nation which have been unlawfully taken, killed or exported.

(d)  Exceptions.--This section shall not apply to:

(1)  Authorized individuals who euthanize critically injured game or wildlife, which shall be permitted when it is reasonable to believe that the chance of survival of the injured game or wildlife is minimal or the injured game or wildlife poses a threat to human safety.

(2)  Individuals who find and retain for their own use any deer or elk antler which is shed through natural causes. This paragraph shall not be construed to permit any individual possessing a shed antler to sell, barter or trade or to offer to sell, barter or trade any shed antler.

(e)  Penalties.--A violation of this section relating to:

(1)  Threatened or endangered species is a misdemeanor of the second degree.

(2)  Elk or bear is a summary offense of the first degree.

(3)  Deer is a summary offense of the second degree.

(3.1)  (Deleted by amendment).

(4)  Bobcat or otter is a summary offense of the third degree.

(5)  Wild turkey or beaver is a summary offense of the fourth degree.

(6)  Any other game or wildlife is a summary offense of the fifth degree.

(f)  Definition.--As used in this section, the term "authorized individual" means any person who:

(1)  Has 18 Pa.C.S. (relating to crimes and offenses) enforcement powers.

(2)  Is a currently employed waterways conservation officer or deputy waterways conservation officer.

(3)  Is a currently employed wildlife conservation officer or deputy wildlife conservation officer.

(4)  Is a currently employed State park ranger or a State forest ranger.

(5)  Is a veterinarian licensed to practice in the United States.

34c2307v

(Dec. 21, 1998, P.L.1274, No.166, eff. imd.; Dec. 20, 2000, P.L.783, No.111, eff. imd.; Dec. 20, 2000, P.L.937, No.125, eff. imd.; Dec. 13, 2001, P.L.897, No.98, eff. imd.; Dec. 30, 2003, P.L.436, No.63, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)

 

2010 Amendment.  Act 54 amended subsecs. (b) and (e). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

2001 Amendment.  Act 98 amended subsec. (d).

1998 Amendment.  Act 166 amended subsecs. (b) and (d) and added subsecs. (e) and (f).

Cross References.  Section 2307 is referred to in section 2102 of this title.

34c2308s

§ 2308.  Unlawful devices and methods.

(a)  General rule.--Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:

(1)  An automatic firearm or similar device.

(2)  A semiautomatic rifle or pistol, except as set forth in subsection (b.1).

(3)  (Reserved).

(4)  A semiautomatic shotgun or magazine shotgun for hunting or taking small game, furbearers, turkey or unprotected birds unless the shotgun is plugged to a two-shell capacity in the magazine.

(5)  (Deleted by amendment).

(6)  Any recorded call or sound or recorded or electronically amplified imitation of a call or sound of any description or any other call or sound or imitation of calls or sounds which are prohibited by regulations of the commission. The commission shall be authorized, by resolution, to adopt rules and regulations authorizing the limited use of recorded calls or sounds or recorded or electronically amplified imitation of calls or sounds when such use is necessary in the commission's judgment to protect the public health and safety or to preserve that species or any other endangered by it.

(7)  A vehicle or conveyance of any kind or its attachment propelled by other than manpower. Nothing in this subsection shall pertain to any of the following:

(i)  A motorboat or sailboat if the motor has been completely shut off or sail furled, and the progress thereof has ceased.

(ii)  A motorized wheelchair if the person has been issued a permit to hunt under section 2923(a.1) (relating to disabled person permits).

(8)  Any artificial or natural bait, hay, grain, fruit, nut, salt, chemical, mineral or other food as an enticement for game or wildlife, regardless of kind and quantity, or take advantage of any such area or food or bait prior to 30 days after the removal of such material and its residue. Nothing contained in this subsection shall pertain to normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices. Upon discovery of such baited areas, whether prosecution is contemplated or not, the commission may cause a reasonable area surrounding the enticement to be posted against hunting or taking game or wildlife. The posters shall remain for 30 days after complete removal of the bait.

(9)  Any setgun, net, bird lime, deer lick, pit or pit fall, turkey blind except as permitted under subsection (b)(3) or turkey pen or any explosive, poison or chemical of any kind.

(9.1)  Any device which permits the release of two or more arrows simultaneously on a single full draw of a bow.

(10)  Any other device or method of any kind prohibited by this title or regulations promulgated under this title.

(b)  Exceptions.--The provisions of subsection (a) shall not apply to:

(1)  (i)  Any archery sight or firearm's scope which contains and uses any mechanical, photoelectric, ultraviolet or solar-powered device to solely illuminate the sight or crosshairs within the scope.

(ii)  Except as otherwise provided under subparagraph (iii), no archery sight or firearm's scope shall contain or use any device, no matter how powered, to project or transmit any light beam, infrared beam, ultraviolet light beam, radio beam, thermal beam, ultrasonic beam, particle beam or other beam outside the sight or scope onto the target.

(iii)  (A)  A flashlight or spotlight may be mounted on a firearm to take furbearers if the sole source of power for the flashlight or spotlight is contained within the flashlight or spotlight or on the person.

(B)  For the purposes of this subparagraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.

(2)  (i)  Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).

(ii)  Any licensed hunter in cities of the first class, while hunting on private property and using a bow and arrow or crossbow, using bait to attract deer for removal as provided by commission regulations.

(iii)  Any licensed hunter in special regulation areas, other than counties of the second class, using bait to attract deer for removal as provided by commission regulations.

(3)  Any artificial or manufactured turkey blind consisting of all manmade materials of sufficient density to block the detection of movement within the blind from an observer located outside of the blind.

(4)  Any natural or manmade nonliving bait used to attract coyotes for hunting or trapping.

(5)  Any electronic or mechanical device used to attract coyotes for hunting or trapping.

(6)  Any decoy used in the trapping or hunting of furbearers.

(b.1)  Additional exception.--A semiautomatic rifle may be used to hunt game in accordance with regulations promulgated by the commission.

(c)  Penalties.--

(1)  A violation of subsection (a)(1), (2), (4) or (5) is a summary offense of the fifth degree.

(2)  A violation of subsection (a)(7) is a summary offense of the third degree.

(3)  A violation of any other provision of this section is a summary offense of the fourth degree.

34c2308v

(Apr. 13, 1988, P.L.350, No.52, eff. July 1, 1988; Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 20, 2000, P.L.783, No.111, eff. 60 days; Dec. 20, 2000, P.L.937, No.125, eff. imd.; June 28, 2002, P.L.474, No.79, eff. 60 days; Dec. 22, 2005, P.L.452, No.86, eff. 60 days; July 3, 2007, P.L.79, No.26, eff. 60 days; Dec. 10, 2015, P.L.446, No.76, eff. 60 days; Nov. 21, 2016, P.L.1317, No.168)

 

2016 Amendment.  Act 168 amended subsec. (a)(2), added subsec. (b.1) and deleted subsec. (a)(5), effective in 60 days to the deletion of subsec. (a)(5) and immediately as to the remainder of the section.

2015 Amendment.  Act 76 amended subsec. (a)(7).

2007 Amendment.  Act 26 amended subsec. (b)(1). Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2.

2005 Amendment.  Act 86 amended subsec. (b).

2000 Amendments.  Act 111 amended the entire section and Act 125 amended subsec. (a)(9) and added subsec. (b)(3). Act 125 overlooked the amendment by Act 111, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 2308.

34c2309s

§ 2309.  Unlawful removal of game or wildlife from place of refuge.

(a)  General rule.--It is unlawful for any person to cut any dead or living tree, use smoke or any other method to take any game or wildlife or dig any game or wildlife out of its place of refuge or den.

(b)  Woodchuck in cultivated fields.--Woodchucks may be dug out of their dens in cultivated fields by any person who, if not the owner, lessee or occupant or members of their families or hired help thereof, shall first secure permission of the person in charge of the property and, immediately after the removal of the woodchuck, replace the earth and level off the area dug out.

(c)  Penalty.--A violation of this section is a summary offense of the fifth degree. Each violation constitutes a separate offense.

34c2310s

§ 2310.  Unlawful use of lights while hunting.

(a)  General rule.--Except as set forth in subsection (b), it is unlawful for any person or group of persons to engage in any of the following activities to any degree:

(1)  Cast the rays of an artificial light of any kind on any game or wildlife or in an attempt to locate any game or wildlife while on foot, in any vehicle or its attachments, or any watercraft or any airborne craft while in possession of a firearm of any kind, or a bow or arrow, or any implement or device with which any game or wildlife could be killed or taken even though no game or wildlife is shot at, injured or killed.

(2)  Intentionally or knowingly act, aid, assist or conspire either in the killing or taking or in an attempt to kill, take, possess, transport or conceal any game or wildlife or a part thereof which has been killed or taken by use of any artificial light.

(3)  Operate, allow or permit any vehicle or its attachments, any watercraft or any airborne craft to be used for killing or taking or attempting to kill or take any game or wildlife by using the rays of any artificial light.

(b)  Exceptions.--The provisions of subsection (a) shall not apply to:

(1)  (i)  A person on foot who uses a flashlight or spotlight held in the hand, worn on the head or mounted on a firearm to take furbearers, if the sole source of power for the flashlight or spotlight is contained within the flashlight or spotlight or on the person.

(ii)  For the purposes of this paragraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.

(2)  Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).

(c)  Penalties.--

(1)  A violation of subsection (a)(1) is a summary offense of the fifth degree.

(2)  A violation of subsection(a)(2) or (3) relating to:

(i)  Threatened or endangered species shall be graded as follows:

(A)  A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere in this Commonwealth for a period of seven years.

(B)  A second offense within a seven-year period or during the same criminal episode as the first offense is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.

(C)  A third or subsequent violation within a seven-year period or during the same criminal episode of a first or second offense is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife within this Commonwealth for a period of 15 years.

(ii)  Big game animals shall be graded as follows:

(A)  A first offense or a second offense during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of five years.

(B)  A second offense within a seven-year period or a third or fourth offense during the same criminal episode is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.

(C)  A fifth or subsequent offense during the same criminal episode or a third offense within a seven-year period is a felony of the third degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of 15 years.

(iii)  A violation of subsection (a)(2) where the species is a single white-tailed deer or a single wild turkey is a summary offense of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of three years. A second violation of subsection (a)(2) where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years. A third offense within a seven-year period where the species is a single white-tailed deer or a single wild turkey is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

(iv)  Any other game or wildlife is a summary offense of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of three years.

(d)  Contraband.--Any craft or vehicle or attachments thereto, and all artificial lights and any firearm or paraphernalia being unlawfully used, and any game or wildlife unlawfully taken, killed or possessed are contraband.

34c2310v

(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; July 3, 2007, P.L.79, No.26, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)

 

2010 Amendment.  Act 54 amended subsecs. (a)(2) and (c). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

2007 Amendment.  Act 26 amended subsecs. (b) and (c). Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2.

34c2311s

§ 2311.  Restrictions on recreational spotlighting.

(a)  Unlawful acts.--It is unlawful for any person to cast or to assist any other person in casting the rays of a spotlight, vehicle headlight or any other artificial light of any kind from any vehicle, watercraft, airborne craft or any attachment to such vehicles or crafts:

(1)  Upon any building at any time.

(2)  In any manner which frightens, excites or harasses any livestock, poultry or other farm animal.

(3)  To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth, other than specified in paragraph (4), daily between the hours of 11 p.m. and sunrise on the following day.

(4)  To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth at any time during the antlered deer rifle season and during the antlerless deer rifle season.

(5)  Upon photoelectric cell lights.

The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way.

(b)  Penalty.--A violation of this section is a summary offense of the fifth degree.

34c2311v

(June 28, 1993, P.L.178, No.37, eff. 60 days)

34c2312s

§ 2312.  Buying and selling game.

(a)  General rule.--Unless otherwise provided, it is unlawful for any person to buy, sell or barter, or aid, abet, assist or conspire to buy, sell or barter, or offer for sale or barter, or have in possession or transport for sale or barter, any game or the edible parts of game or any protected bird or animal or parts of any protected bird or animal.

(b)  Imported game.--It is unlawful for any person to sell or barter, or offer for sale or barter, any game or wildlife protected by this title imported, either dead or alive, from another state or nation unless there is attached to the carton containing the game or wildlife or to the individual carcasses a tag identifying the game or wildlife in English and giving the state or nation from which originally shipped.

(c)  Exception.--

(1)  Nothing in this section shall be construed to prevent:

(i)  The purchase or sale of game raised under the authority of a propagating permit in this Commonwealth.

(ii)  The capture and sale of game or wildlife after securing a permit from the director and payment of any fees established by the commission.

(iii)  The sale of the tanned, cured or mounted heads or skins, or parts thereof, of any game or wildlife not killed in a wild state in this Commonwealth.

(iv)  The sale or purchase of any inedible part thereof, from game or wildlife lawfully killed, if such parts are disposed of by the original owner within 90 days after the close of the season in which the game or wildlife was taken.

(v)  The sale of mounted specimens by any auctioneer licensed by the Commonwealth. The commission shall require no permit for such action. Any licensed auctioneer who sells ten or more mounted specimens during any one sale at a registered auction house must report those sales to the commission within 15 days of the completion of the sale.

(2)  The commission may by regulation authorize the buying and selling of inedible parts of game and wildlife as it deems appropriate.

(3)  This subsection shall not be construed to permit any individual or agency other than the commission to sell the skins or parts of game or wildlife killed as a protection to crops, or accidentally killed upon the highways, or seized as contraband.

(d)  Penalty.--A violation of this section relating to:

(1)  Threatened or endangered species shall be graded as follows:

(i)  A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of seven years.

(ii)  A second offense within a seven-year period or during the same criminal episode is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.

(iii)  A third or subsequent violation of this section within a seven-year period or during the same criminal episode is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.

(2)  Big game animals shall be graded as follows:

(i)  A first offense or a second offense during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of five years.

(ii)  A second offense within a seven-year period or a third or fourth offense during the same criminal episode is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.

(iii)  A fifth or subsequent offense during the same criminal episode or third offense within a seven-year period is a felony of the third degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of 15 years.

(3)  The selling and buying of venison up to 20 pounds and the buying and selling of other game or wildlife is a summary offense of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of three years.

34c2312v

(Dec. 21, 1998, P.L.1274, No.166, eff. 60 days; July 9, 2008, P.L.920, No.65, eff. imd.; July 9, 2010, P.L.387, No.54, eff. 60 days)

 

2010 Amendment.  Act 54 amended subsecs. (a) and (d). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

2008 Amendment.  Act 65 amended subsec. (c)(1).

34c2313s

§ 2313.  Investigation and seizure of game or wildlife.

(a)  Response to questions.--The operator of any vehicle or craft transporting any game or wildlife shall answer, without evasion, any pertinent question posed by a commission officer.

(b)  Seizure.--Any officer making an inquiry pursuant to subsection (a) who is not satisfied as to the legal possession or ownership of the game or wildlife being transported may seize and take possession of the game or wildlife pending further investigation. If, after appropriate investigation, the officer is satisfied that the game or wildlife was lawfully taken, possessed and transported, the seized game or wildlife shall be returned to the owner.

(c)  Penalty.--A violation of this section is a summary offense of the fifth degree.

(d)  Contraband.--Any game or wildlife transported in violation of this section is contraband.

34c2314s

§ 2314.  Trespass on private property while hunting.

(a)  General rule.--Any person who while violating any provision of this title or any regulations promulgated under this title and who in addition is found to be trespassing as defined in 18 Pa.C.S. § 3503 (relating to criminal trespass) shall be in violation of this section.

(b)  Penalty.--A violation of this section:

(1)  A violation of this section is a summary offense of the fifth degree.

(2)  A second or subsequent violation of this section within a seven-year period is a summary offense of the fifth degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.

34c2314v

(Dec. 22, 2005, P.L.467, No.90, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)

 

2010 Amendment.  See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

34c2321h

 

 

SUBCHAPTER B

HUNTING BIG GAME

 

Sec.

2321.  Unlawful killing or taking of big game.

2322.  Prohibited devices and methods.

2323.  Tagging and reporting big game kills.

2324.  Parties hunting big game.

2325.  Cooperation after lawfully killing big game.

2326.  Excess kill of big game.

2327.  Subsequent kill if big game unfit for human consumption.

2328.  Shipping or transporting big game.

2329.  Additional penalty for poaching (Repealed).

34c2321s

§ 2321.  Unlawful killing or taking of big game.

(a)  General rule.--Except as provided in this title or by regulation of the commission, it is unlawful for any person to:

(1)  Take, injure, kill, possess or transport or knowingly or intentionally aid, abet, assist, attempt or conspire in any manner to take, injure, kill, possess or transport any big game animal during closed season.

(2)  Take, injure, kill, possess or transport or knowingly or intentionally aid, abet, assist, attempt or conspire in any manner to take, injure, kill, possess or transport any big game animal beyond established daily or season limits.

(3)  (Deleted by amendment).

(b)  Exception.--This section shall not be construed to prohibit the transportation or possession of one or more big game animals which are lawfully killed and properly tagged.

(c)  Evidence of unlawful killing.--Unless the head is attached in a natural manner and properly tagged as provided in section 2323 (relating to tagging and reporting big game kills), the possession, transportation or control of any big game or a part or parts of such big game shall be prima facie evidence that the big game was unlawfully killed within this Commonwealth. Under such circumstances, the person possessing, transporting or controlling the big game shall immediately, upon demand of an officer of the commission, produce the head of the big game or the name and address of the person killing the big game or other satisfactory evidence that the carcass in possession or under the person's control is part of a lawfully taken big game.

(d)  Penalty.--

(1)  (i)  Except as otherwise provided in paragraph (2), a violation of this section or a second violation of this section during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.

(ii)  A third or fourth violation of this section during the same criminal episode or a second violation of this section within a seven-year period is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

(iii)  A fifth or subsequent violation of this section during the same criminal episode or third offense within a seven-year period is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.

(2)  (i)  A violation of subsection (a)(1) or (2) where the species is a single white-tailed deer or a single wild turkey is a summary offense of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of three years. A second violation of subsection (a)(1) or (2) where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years. A third offense within a seven-year period where the species is a single white-tailed deer or a single wild turkey is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

(ii)  (A)  A second violation of subsection (a)(1) or (2) during the same criminal episode where the species taken, injured, killed, possessed or transported is white-tailed deer or wild turkey is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.

(B)  A third or fourth violation of subsection (a)(1) or (2) during the same criminal episode where the species is white-tailed deer or wild turkey is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

(C)  A fifth or subsequent violation of subsection (a)(1) or (2) during the same criminal episode where the species is white-tailed deer or wild turkey is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.

34c2321v

(July 9, 2010, P.L.387, No.54, eff. 60 days)

 

2010 Amendment.  See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

34c2322s

§ 2322.  Prohibited devices and methods.

(a)  General rule.--Except as otherwise provided in this title or commission regulation, no person shall hunt, kill or take or attempt, aid, abet, assist or conspire to hunt, kill or take any big game, except wild turkey, with any of the following devices or methods:

(1)  Any device other than a centerfire or muzzle-loading firearm or bow and arrow.

(2)  Any automatic or semiautomatic firearm, except that any semiautomatic firearm modified to permit one shell in the chamber and no more than four shells in a magazine may be used by a person who suffered an amputation or lost the total use of one or both hands.

(3)  Any firearm propelling more than one projectile per discharge.

(4)  Any projectile which is not all lead or which is not designed to expand on contact.

(5)  When any big game is swimming.

(6)  By any other method or device which is not specifically authorized or permitted by this title or commission regulation.

(b)  Penalty.--A violation of this section is a summary offense of the fifth degree.

(c)  Contraband.--Any big game killed contrary to this section is contraband.

34c2323s

§ 2323.  Tagging and reporting big game kills.

(a)  Tags issued with licenses.--

(1)  Each licensed person who kills any big game shall, immediately after the killing and before removing the big game from the location of the killing, fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game. The attached game kill tag shall remain on the big game until such time as the big game is processed for consumption or prepared for mounting.

(2)  In any year in which the commission establishes check stations, each person shall, within 24 hours after killing any big game, present the big game for examination and tagging.

(3)  Within ten days of the kill, the person shall report the killing of big game as required in the manner or methods prescribed by commission regulations.

(b)  Killings by persons without license.--Any person not required to secure a license who lawfully kills any big game shall make and attach a tag to the big game which contains in English the person's name, address, date, township, if known, and county where the big game was killed. Within five days following the kill, the person shall mail, to the headquarters of the commission at Harrisburg, a statement setting forth the information required on the tag and the sex of the big game.

(c)  Licenses issued without tags.--Any person who is issued a license without the required tags or accompanying report cards and who kills any big game shall comply with the provisions of subsection (b) and shall also place the license number and letter on the tag and postcard report.

(d)  Existing tags invalidated by replacement license.--The issuance of any replacement license shall automatically invalidate any remaining game kill tags issued with the lost license, and the only valid game kill tags shall be those issued with the replacement license last procured. It is unlawful to use any game kill tag invalidated by this subsection to tag any big game.

(e)  Duplicated tags unlawful.--It is unlawful to prepare and use any duplicated game kill tag or to use any game kill tag to mark a second big game animal or to remove any tag from any big game contrary to the provisions of this title.

(f)  Possession of tags after killing legal limit.--It is unlawful for any person, after killing the legal limit of big game, to be in possession of a big game kill tag while in the fields, forests or on the waters or highways within or bordering this Commonwealth.

(g)  Penalty.--

(1)  Except as provided in paragraph (2), a violation of this section is a summary offense of the fifth degree.

(2)  A violation of subsection (a)(3) is a summary offense of the eighth degree.

(h)  Contraband.--Any big game or any other game or wildlife found in possession of any person contrary to this section is contraband.

34c2323v

(Nov. 29, 2004, P.L.1298, No.162, eff. 60 days)

 

2004 Amendment.  Act 162 amended subsec. (a)(3).

Cross References.  Section 2323 is referred to in sections 2306, 2321 of this title.

34c2324s

§ 2324.  Parties hunting big game.

(a)  Power of commission.--The commission may establish limitations applicable to groups or parties of persons hunting together or in unison or in any other manner cooperating with others while hunting for big game.

(b)  Inspection of roster.--(Deleted by amendment).

(b.1)  Exclusion.--Limitations established by the commission under this section shall not include a roster requirement.

(c)  Penalty.--A violation of this section is a summary offense of the seventh degree.

34c2324v

(Nov. 27, 2013, P.L.1148, No.103, eff. 60 days)

 

Cross References.  Section 2324 is referred to in section 2701 of this title.

34c2325s

§ 2325.  Cooperation after lawfully killing big game.

(a)  General rule.--Except as provided in section 2301(b) (relating to lawful cooperation or assistance) and subsection (a.1), it is unlawful for any person who has lawfully killed any big game to hunt for or cooperate with any other person hunting for big game of the same species while carrying a loaded firearm of any kind, a bow and nocked arrow or any other device capable of killing any big game.

(a.1)  Exception.--Nothing in this section shall prohibit any person from carrying a loaded handgun in the field provided that person is in compliance with 18 Pa.C.S. § 6109 (relating to licenses).

(b)  Penalty.--A violation of this section is a summary offense of the fourth degree.

34c2325v

(Apr. 13, 1988, P.L.350, No.52, eff. July 1, 1988)

34c2326s

§ 2326.  Excess kill of big game.

(a)  General rule.--It is unlawful for any body of persons hunting in unison or cooperating in any manner with each other while hunting to kill or be in possession of more than the lawful number of big game as fixed by commission regulation.

(b)  Individual liability.--Every person hunting together or in any manner cooperating with others in hunting for big game shall be individually liable for the penalty imposed for such big game killed in excess of the number set by commission regulation.

(c)  Excess kill delivered to commission.--In all circumstances where more than the lawful number of big game is killed by a hunting party, any excess big game shall be turned over to the nearest officer of the commission within 12 hours after killing.

(d)  Penalties.--

(1)  Any violation of this section relating to a bear or elk is a summary offense of the second degree.

(2)  Any violation of this section relating to any other big game is a summary offense of the fourth degree.

(e)  Contraband.--Any big game killed contrary to this section is contraband.

34c2327s

§ 2327.  Subsequent kill if big game unfit for human consumption.

Any person who legally kills any big game and discovers that the flesh of the big game was unfit for human consumption at the time of killing shall, within 12 hours following the discovery, deliver the entire carcass, less entrails, but including the head and hide, to any commission officer who, being satisfied that the big game was unfit for human consumption at the time killed, shall issue a written authorization to the person to kill a second animal or bird of the same species during the unexpired portion of the season for that species.

34c2328s

§ 2328.  Shipping or transporting big game.

(a)  General rule.--Unless properly tagged, it is unlawful for any person to ship or transport the carcass of any big game. The tag shall contain in English the name, address and license number of the owner and the location where the big game was killed.

(b)  Portions of big game.--Any person may transport an unmarked part of a big game carcass that has been legally taken and cut up. Such person shall, upon request of any law enforcement officer, furnish the name, address and license number of the person killing the big game and any other information required to properly establish legal possession.

(c)  False information.--It is unlawful to furnish false or misleading information concerning the carcass or parts thereof in question.

(d)  Penalty.--A violation of this section is a summary offense of the fifth degree.

34c2329s

§ 2329.  Additional penalty for poaching (Repealed).

34c2329v

 

2010 Repeal.  Section 2329 was repealed July 9, 2010, P.L.387, No.54, effective in 60 days.

34c2341h

 

 

SUBCHAPTER C

HUNTING SMALL GAME

 

Sec.

2341.  Possession and transportation of small game.

34c2341s

§ 2341.  Possession and transportation of small game.

(a)  General rule.--Except as otherwise provided in this title, it is unlawful for any person to transport any small game in excess of the daily possession limits established by the commission unless the small game is accompanied by the owner or is carried upon the same conveyance with the owner.

(b)  Transportation without owner present.--Properly tagged small game unaccompanied by the owner may be transported if a hand-made tag is attached to the small game containing in English the name, address, license number and the signature of the person who killed the small game.

(c)  Open to inspection.--All small game transported pursuant to subsection (a) or (b) shall be carried to permit easy inspection.

(d)  Penalty.--A violation of this section is a summary offense of the seventh degree.

(e)  Contraband.--Any small game transported in violation of this section is contraband.

34c2361h

 

 

SUBCHAPTER D

FURTAKING REGULATIONS

 

Sec.

2361.  Unlawful acts concerning taking of furbearers.

2362.  Permitted acts.

2363.  Trapping exception for certain persons.

2364.  Penalties.

 

Cross References.  Subchapter D is referred to in section 2362 of this title.

34c2361s

§ 2361.  Unlawful acts concerning taking of furbearers.

(a)  General prohibitions.--Except as otherwise provided in this title, it is unlawful for any person to:

(1)  Take, kill, wound, capture or have in possession, or attempt, aid, abet, assist or conspire to take, kill, wound or capture, any furbearers except during the open furtaking season and in such numbers or by such methods as fixed by the commission or this title.

(2)  Have in possession the green pelt, or any part thereof, of any furbearers taken except during the open season and for ten days thereafter without first securing a permit from an officer of the commission.

(3)  Stake out or set traps for furbearers prior to the date and hour fixed as the open season for taking such animals.

(4)  Stake out, set or tend, or attempt to stake out, set or tend, traps of any kind in an attempt to take, kill or capture any furbearers without first securing, possessing and displaying any licenses or permits required by this title.

(5)  Buy or sell, or offer to buy or sell, or export from this Commonwealth any furbearer, or any part thereof, which has been unlawfully taken, possessed, killed, transported, imported, exported or improperly tagged regardless of where the furbearer was taken.

(6)  Possess live furbearers taken from the wild without securing a permit from an officer of the commission.

(7)  Set traps closer than five feet from any hole or den except in the case of an underwater set.

(8)  Use a pole trap, deadfall, poison, explosive, chemical, leg-hold trap with teeth on the jaws or with a jaw spread exceeding six and one-half inches or any device prohibited by regulation of the commission.

(9)  Smoke out or dig out any den or house of any kind or cut den trees.

(10)  Use any trap of any kind unless visited and all animals and birds released or removed at least once every 36 hours.

(11)  Use or set a body-gripping trap of any description outside any established watercourse, waterway, marsh, pond or dam.

(12)  Set a trap of any description unless each device is marked with a durable identification tag attached to the trap or trap chain which, at the option of the trapper, must legibly set forth in English the first name, last name and legal home address of the person setting or tending the trap or must bear a number issued by the commission. All information under this paragraph shall be subject to the provisions of section 325 (relating to limitation on disclosure of certain records).

(13)  Bait a trap with meat or animal products if the bait is visible from the air.

(14)  Let traps set after the close of the furtaking season.

(15)  Except as provided in subsection (b), disturb the traps of another person.

(16)  Remove any wildlife from the trap of another person without specific permission to do so.

(17)  Set or place a cage or box trap in the water.

(18)  Use any cage or box trap not approved by the commission.

(19)  Destroy or disturb or interfere with the dams or houses of beavers without the specific permission of a commission officer.

(b)  Permissible disturbance of certain traps.--When traps are set on private property without the permission of the landowner, lessees or their employees, the owner, lessees or their employees may remove the traps and notify an officer of the commission within 48 hours. All traps removed shall be turned over to a commission officer. The officer shall notify the trapper within ten days to claim the traps. If the traps are not claimed within 30 days following notification or the trapper cannot be located, the traps shall be forfeited to the commission.

34c2361v

(May 28, 1992, P.L.262, No.45, eff. July 1, 1992)

 

1992 Amendment.  Act 45 amended subsec. (a)(12).

Cross References.  Section 2361 is referred to in section 325 of this title.

34c2362s

§ 2362.  Permitted acts.

Nothing contained in this subchapter shall prevent:

(1)  The possession of imported green pelts which were lawfully taken and exported from another state or nation which have attached positive proof in English of where and when they were taken and marked or tagged in accordance with the requirements of that state or nation.

(2)  The killing of lawfully taken furbearers with a firearm as prescribed by regulations of the commission.

(3)  The lawful taking of furbearers by any resident of this Commonwealth 12 years of age or older after first securing a furtaking license.

(4)  The sale of pelts or carcasses of lawfully taken furbearers.

34c2363s

§ 2363.  Trapping exception for certain persons.

Except for section 2704(c) (relating to furtaker's certificate of training), the remaining provisions of this title shall not be construed to prevent or prohibit any person under 12 years of age from trapping furbearers. Persons covered by this section shall not use any firearm other than a .22 caliber rimfire rifle or sidearm and then only when accompanied by an adult.

34c2363v

 

Cross References.  Section 2363 is referred to in section 2711 of this title.

34c2364s

§ 2364.  Penalties.

Any violation of this subchapter relating to bobcat or otter is a summary offense of the fourth degree. Except for threatened or endangered species, any other violation of this subchapter is a summary offense of the fifth degree.

34c2381h

 

SUBCHAPTER E

DOGS PURSUING GAME OR WILDLIFE

 

Sec.

2381.  Dogs pursuing, injuring or killing game or wildlife.

2382.  Training dogs on small game.

2383.  Dogs pursuing, injuring or killing big game.

2384.  Declaring dogs public nuisances.

2385.  Destruction of dogs declared public nuisances.

2386.  Penalties.

34c2381s

§ 2381.  Dogs pursuing, injuring or killing game or wildlife.

Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time.

34c2382s

§ 2382.  Training dogs on small game.

(a)  General rule.--Unless otherwise provided by commission regulation, it is lawful to train a dog or dogs during any time of the calendar year. Persons who are solely training dogs and who comply with the provisions of this section shall not be required to have a hunting or furtaking license. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife.

(b)  Restrictions.--

(1)  Any dog being trained pursuant to subsection (a) shall be accompanied by and under the control of the owner or a handler.

(2)  The owner or handler or any other person shall not carry a bow and arrow or a firearm fired from the shoulder while training a dog.

(3)  No dog shall be permitted to kill or inflict any injury upon the pursued game or wildlife.

(c)  Sunday limitation.--It is unlawful to train dogs on privately owned property on Sunday. This limitation shall not apply to:

(1)  National or State forest land.

(2)  State game lands.

(3)  Privately owned property when the consent of the person in charge of the land is first obtained.

34c2382v

(Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)

 

Cross References.  Section 2382 is referred to in section 2386 of this title.

34c2383s

§ 2383.  Dogs pursuing, injuring or killing big game.

(a)  General rule.--Except as provided in subsection (b), it is unlawful for any person to make use of a dog in any manner to hunt for or to take big game or to permit a dog owned, controlled or harbored by that person to pursue, harass, chase, scatter, injure or make use of a dog to kill any big game.

(b)  Exception.--It shall be lawful to do any of the following:

(1)  Make use of a dog to pursue, chase, scatter and track wild turkeys during the fall wild turkey season.

(2)  Make use of a leashed tracking dog to track a white-tailed deer, bear or elk in an attempt to recover an animal which has been legally killed or wounded during any open season for white-tailed deer, bear or elk.

34c2383v

(June 30, 2007, P.L.62, No.18, eff. imd.; Mar. 26, 2018, P.L.86, No.11, eff. imd.)

 

Cross References.  Section 2383 is referred to in section 2386 of this title.

34c2384s

§ 2384.  Declaring dogs public nuisances.

Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title.

34c2384v

 

Cross References.  Section 2384 is referred to in section 2385 of this title; section 5561 of Title 18 (Crimes and Offenses).

34c2385s

§ 2385.  Destruction of dogs declared public nuisances.

(a)  General rule.--A dog declared a public nuisance pursuant to section 2384 (relating to declaring dogs public nuisances) may be killed by any commission officer at any time or by any person when the dog is found to be in the act of attacking a big game animal.

(b)  Reports after killing dog.--Any person who kills a licensed dog pursuant to subsection (a) and section 2384 shall notify the owner or a commission officer within 48 hours after the dog was killed. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.

(c)  Inapplicability of certain laws.--

(1)  The provisions of 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals) shall not apply to any person killing any dog pursuant to subsection (a).

(2)  The provisions of 42 Pa.C.S. Ch. 85 (relating to matters affecting government units) shall not apply to any agency, commission or department or any officers charged by law with enforcing the provisions of this title.

34c2385v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

 

2017 Amendment.  Act 10 amended subsec. (c)(1).

Cross References.  Section 2385 is referred to in section 5561 of Title 18 (Crimes and Offenses).

34c2386s

§ 2386.  Penalties.

(a)  General penalty.--Except as provided in subsection (b), a violation of this subchapter is a summary offense of the fifth degree.

(b)  Specific penalties.--

(1)  A violation of section 2382(b)(3) (relating to training dogs on small game) is a summary offense of the fourth degree. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulations.

(2)  A violation of section 2383 (relating to dogs pursuing, injuring or killing big game) is a summary offense of the third degree. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulation.

(c)  Second or subsequent conviction.--Any conviction for a second or subsequent offense shall result in a fine that is double the amount for the first offense.