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Pennsylvania

Title 34 Pa.C.S.A. Game, Chapter 23. Hunting and Furtaking, Subchapter D. Furtaking Regulations

Statute Details
Printable Version
Citation: 34 Pa.C.S.A. 2361 - 2364

Citation: PA ST 34 Pa.C.S.A. 2361 - 2364


Last Checked by Web Center Staff: 01/2014

Summary:   These Pennsylvania statutes make it unlawful to take, kill, wound, capture or possess any furbearers except during open season and without a permit. It is also illegal to set traps closer than five feet from a den, use a pole trap, deadfall, poison, explosive, chemical, leg-hold trap with teeth on the jaws, to smoke out or dig out any den, to set or place a cage or box trap in the water, or use any trap unless tended every 36 hours and all animals are released or removed. A violation relating to bobcat or otter is a summary offense of the fourth degree; other violations are a summary offense of the fifth degree.


Statute in Full:

 

§ 2361. Unlawful acts concerning taking of furbearers

§ 2362. Permitted acts

§ 2363. Trapping exception for certain persons

§ 2364. Penalties

 

 

§ 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.

Credits

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1992, May 28, P.L. 262, No. 45, § 1, effective July 1, 1992.

 

§ 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.

Credits
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.

 

§ 2363. Trapping exception for certain persons

Except for section 2704(c)1 (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.

Credits
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.

 

§ 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.

Credits
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.

 

 



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