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

601 words·~3 min read·/pa/title-34/chapter-23/2307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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