Title 34 Pa.C.S.A. Game. Chapter 21. Game or Wildlife Protection. Subchapter D. Protection of Game or Wildlife.
§ 2167 . Endangered or threatened species
Chapter 29. Special Licenses and Permits. Subchapter B. Specific Classes of Permits.
§ 2924 . Endangered or threatened species permits
Chapter 9. Enforcement. Subchapter B. Prosecution and Penalties.
§ 925 . Jurisdiction and penalties
Title 32 P.S. Forests, Waters and State Parks. Part IV. Conservation and Land Development. Chapter 104. Wild Resource Conservation
§ 5301 . Short title
§ 5302 . Legislative finding; declaration of policy
§ 5303 . Definitions
§ 5304 . Repealed. 1997, May 7, P.L. 85, No. 7, § 35.1, imd. effective
§ 5305 . Wild Resource Conservation Fund
§ 5306 . Wild Resource Conservation Board
§ 5307 . Wild plant management
§ 5308 . Wild plant management permits
§ 5309 . Vulnerable species
§ 5310 . Public wild plant sanctuaries
§ 5311 . Enforcement
§ 5312 . Limitation; termination
§ 5313 . Limitation on General Fund money
§ 5314 . Repeal
Title 34 Pa.C.S.A. Game. Chapter 21. Game or Wildlife Protection. Subchapter D. Protection of Game or Wildlife.
§ 2167. Endangered or threatened species
(a) Changes to list.--The commission may, by regulation, add or remove any wild bird or wild animal native to this Commonwealth to or from the Pennsylvania native list of endangered or threatened species.
(b) Possession, transportation, capturing or killing.--Except as otherwise provided in this title, it is unlawful for any person, acting either for himself or as the representative of another, to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened.
(c) Purchase, sale, barter or exchange.--Except as otherwise provided in this title, it is unlawful for any person, acting either for himself or as a representative of another, at any time to buy, sell, barter or exchange, or to offer for sale or barter, or to have in possession for sale or barter, or to aid, abet or conspire in the possession, sale, barter or exchange, or to give away any endangered or threatened species or subspecies of wild birds or wild animals, or parts thereof. It is the duty of every officer having authority to enforce this title to seize all endangered or threatened wild birds or wild animals, or any part thereof. 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 or the plumage or parts of birds killed as a protection to crops or accidentally killed upon the highways or seized as contraband.
(d) Penalties.--A violation of this section shall be graded as follows:
(1) A first violation is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of seven years.
(2) A second violation within a seven-year period or during the same criminal episode as the first violation 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.
(3) A third or subsequent violation within a seven-year period or during the same criminal episode as the first or second violation is a felony of the third degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 2010, July 9, P.L. 387, No. 54, § 3, effective in 60 days [Sept. 7, 2010].
Chapter 29. Special Licenses and Permits. Subchapter B. Specific Classes of Permits.
§ 2924. Endangered or threatened species permits
(a) Issuance.-- The commission may issue permits for the importation, exportation, sale, exchange, taking or possession of any birds or animals classified as endangered or threatened, living or dead, or any parts thereof, including eggs.
(b) Species native to Commonwealth.-- The commission may issue permits for birds or animals native to this Commonwealth which are taken from the wild in this Commonwealth and which are classified by the commission as endangered or threatened in Title 58 of the Pennsylvania Code.
(c) Species not native to Commonwealth.-- The commission may join with the appropriate Federal agency in issuing joint permits for any birds or animals not native to this Commonwealth which are classified as endangered or threatened in the Code of Federal Regulations. An endorsement by the director on a copy of a Federal permit with an addendum of any further restrictions will be considered a joint permit if no formal joint permit is issued.
(d) Unlawful acts.-- It is unlawful for any person to import, export, transport, sell, resell, exchange, take or possess or conspire, aid, abet, assist or attempt to import, export, transport, sell, resell, buy, exchange, take or possess any birds or animals of any endangered or threatened species, living or dead, or any parts thereof, including eggs, or to violate any regulations pertaining to such wildlife or this section.
(e) Penalties.--
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987.
Chapter 9. Enforcement. Subchapter B. Prosecution and Penalties.
§ 925. Jurisdiction and penalties
(a) Jurisdiction.--Notwithstanding the provisions of Title 42 (relating to judiciary and judicial procedure), all magisterial district judges shall have jurisdiction for all violations of this title which are classified as summary offenses and may accept guilty pleas and impose sentences for violations of this title classified as ungraded misdemeanors.
(b) Fines and penalties for violations.--In addition to any other requirements of this title, the following fines and penalties shall be imposed for violations of this title:
(1) Felony of the third degree, not more than $15,000 and may be sentenced to imprisonment up to 36 months.
(2) Misdemeanor of the first degree, not more than $10,000 and may be sentenced to imprisonment up to 18 months.
(3) Misdemeanor of the second degree, not more than $5,000 and may be sentenced to imprisonment up to 12 months.
(4) Misdemeanor not more than $3,000 and may be sentenced to imprisonment up to six months.
(5) Summary offense of the first degree, not less than $1,000 nor more than $1,500 and may be sentenced to imprisonment up to three months.
(6) Summary offense of the second degree, not less than $400 nor more than $800 and may be sentenced to imprisonment up to one month.
(7) Summary offense of the third degree, not less than $250 nor more than $500.
(8) Summary offense of the fourth degree, not less than $150 nor more than $300.
(9) Summary offense of the fifth degree, not less than $100 nor more than $200.
(10) Summary offense of the sixth degree, $75.
(11) Summary offense of the seventh degree, $50.
(12) Summary offense of the eighth degree, $25.
(b.1) Costs of prosecution for violations.--In addition to the imposition of any fines and penalties, costs of prosecution shall be assessed pursuant to 42 Pa.C.S. §§ 1725.1 (relating to costs) and 3571 (relating to Commonwealth portion of fines, etc.) and section 1403 of the act of August 9, 1955 (P.L. 323, No. 130), [FN1] known as The County Code, and as otherwise deemed appropriate by the court.
(c) Penalty for undesignated violations.--A person who violates any provision of this title for which a particular penalty is not designated commits:
(1) A misdemeanor of the second degree if the violation involves an endangered or threatened species and no more severe penalty is fixed.
(2) A summary offense of the fifth degree for any other violation.
(d) Enhanced penalties for certain violations.--If applicable, one or more of the following may apply to certain offenses:
(1) An additional fine of one and one-half times the amount of the applicable fine may be imposed when the offense is a second or subsequent offense within a seven-year period or during the same criminal episode and no penalties for second or subsequent offenses are prescribed for the violation under this title.
(2) An additional fine of $500 may be imposed when the offense involves the unlawful taking of big game or threatened or endangered species and a witness report was instrumental in securing a successful conviction. Any additional fines imposed under this paragraph shall be directed to the commission to compensate any witness whose report directly results in a successful conviction. If applicable, each witness, up to a maximum of two, shall be compensated $250 for each additional $500 imposed.
(e) Installment payment of fines.--Upon a plea and proof that person is unable to pay any fine and costs imposed under this title, a court may, in accordance with 42 Pa.C.S. § 9758 (relating to fine), permit installment payments it considers appropriate to the circumstances of the person, in which case its order shall specify when each installment payment is due.
(f) Nonpayment of fines and costs.--Unless otherwise provided in this title, each person who fails to pay any fines and costs imposed may, after a hearing before a magisterial district judge, be imprisoned until the fines and costs are paid in full. The court may imprison the person for a number of days equal to one day for each $40 of the unpaid balance of the fines and costs not to exceed six months.
(g) Adjudication alternative program inapplicable.--The provisions of 42 Pa.C.S. § 1520 (relating to adjudication alternative program) shall not be applied as an adjudication alternative for any violation or offense under this title.
(h) Separate offenses.--Where game or wildlife is unlawfully taken, killed, wounded, possessed, transported, purchased, concealed or sold, each bird or animal or part thereof involved in the violation constitutes a separate offense.
(i) Replacement costs.--In addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission. Replacement costs shall only be assessed for violations relating to threatened or endangered species of North American game or wildlife and such other species of Pennsylvania game or wildlife as designated by the commission.
(j) Title 18 inapplicable.--Title 18 (relating to crimes and offenses) is inapplicable to this title insofar as it relates to:
(1) intent, willfulness of conduct or fines and imprisonment for convictions of summary offenses and misdemeanors; or
(2) criminal records under 18 Pa.C.S. Ch. 91 (relating to criminal history record information) for misdemeanors under section 2522(b)(1) (relating to shooting at or causing injury to human beings).
(k) Impact on other laws.--A felony under this title shall not be deemed to constitute a felony for the purpose of any other law relating to disqualification from employment, loss of suffrage or for any other purpose.
CREDIT(S)
1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1996, Dec. 19, P.L. 1442, No. 184, § 4, effective in 60 days; 1998, Dec. 21, P.L. 1274, No. 166, § 3, effective July 1, 1999; 2003, Dec. 30, P.L. 436, No. 63, § 1, effective March 1, 2004; 2004, Nov. 30, P.L. 1618, No. 207, § 10, effective Jan. 31, 2005; 2010, July 9, P.L. 387, No. 54, § 3, effective in 60 days [Sept. 7, 2010]; 2012, Oct. 24, P.L. 1205, No. 150, § 4, effective in 60 days [Dec. 24, 2012].
[FN1] 16 P.S. § 1403.
Title 32 P.S. Forests, Waters and State Parks. Part IV. Conservation and Land Development. Chapter 104. Wild Resource Conservation
This act shall be known and may be cited as the "Wild Resource Conservation Act."
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 1, effective Jan. 1, 1983.
§ 5302. Legislative finding; declaration of policy
It is hereby determined and declared as a matter of legislative finding that there are numerous flora and fauna, including those rare or endangered, which are not commonly pursued, killed or consumed either for sport or profit, that such species are in need of more active management and that it is in the public interest to preserve and enhance such species for the benefit of all. Therefore, it is the purpose of this act to:
(1) Further provide for such species so as to enhance the constitutional rights guaranteed in section 27, Article 1 of the Constitution of the Commonwealth of Pennsylvania.
(2) Provide a means for the citizens of the Commonwealth to support the management of our wild resource by establishing a voluntary contribution system on State income tax return forms.
(3) Promote the cooperation of the Department of Environmental Resources, Pennsylvania Fish Commission and Pennsylvania Game Commission in the management of our wild resource.
(4) Establish an interagency Wild Resource Conservation Board to channel that cooperation, promote the voluntary contribution system and administer the program.
(5) Establish and promote a cooperative Statewide system of private wild plant sanctuaries in order to maintain, protect and, to the extent possible, enhance wild plant numbers.
(6) Conserve and protect wild plant species recognized as endangered, threatened or vulnerable.
(7) Conduct an investigation to determine the status of wild plants, classify wild plants indigenous to or found in the Commonwealth and provide for their protection.
(8) Create a permit procedure for persons interested in wild plant management and a commercial license procedure for persons who purchase vulnerable plants with the intent to sell all or any part thereof.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 2, effective Jan. 1, 1983.
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Board." The Wild Resource Conservation Board. "Department." The Department of Environmental Resources of the Commonwealth of Pennsylvania. "Fund." The Wild Resource Conservation Fund. "Management." The entire range of activities that constitute a modern scientific resource program including, but not limited to, the collection and application of biological data through research, census, habitat acquisition, habitat improvement and education. "Wild plant." Any and all naturally occurring native flora, except those commonly considered an agricultural commodity, including green and nongreen species or subspecies or any part, product, seed or offspring thereof. "Wild resource." All fauna not commonly pursued, killed or consumed either for sport or profit, but not including any domestic fauna or any domestic fauna that has reverted to a feral existence, and all flora not commonly considered an agricultural commodity.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 3, effective Jan. 1, 1983.
§ 5304. Repealed. 1997, May 7, P.L. 85, No. 7, § 35.1, imd. effective
§ 5305. Wild Resource Conservation Fund
(a) In order to carry out the purposes of this act, there is hereby created a special fund, which shall be known as the "Wild Resource Conservation Fund," of the treasury of the Commonwealth.
(b) All moneys received from the voluntary contribution system established in section 4 [FN1] and by the sale of any item authorized by section 6, [FN2] by the issuance of permits authorized by section 8, [FN3] by the issuance of licenses authorized by section 9 [FN4] and from all penalties and fines imposed under section 11 [FN5] shall be deposited in said fund.
(c) The Legislature may, from time to time, appropriate funds into the special fund for the purposes of this act.
(d) Repealed. 1999, Dec. 15, P.L. 949. No. 68, § 3(a), effective Dec. 31, 1999.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 5, effective Jan. 1, 1983. Affected 1999, Dec. 15, P.L. 949. No. 68, § 3(a), effective Dec. 31, 1999.
[FN1] 32 P.S. § 5304.
[FN2] 32 P.S. § 5306.
[FN3] 32 P.S. § 5308.
[FN4] 32 P.S. § 5309.
[FN5] 32 P.S. § 5311.
§ 5306. Wild Resource Conservation Board
(a) There is hereby created a Wild Resource Conservation Board, the members of which shall consist of the Secretary of the Department of Environmental Resources or his designee, the Executive Director of the Pennsylvania Fish and Boat Commission or his designee, the Executive Director of the Pennsylvania Game Commission or his designee, the chairman and minority chairman of the House Conservation Committee or their designees and the chairman and minority chairman of the Senate Environmental Resources and Energy Committee or their designees. The chairmanship of said board shall rotate on an annual basis among the members thereof.
(b) The board shall have the power and its duty shall be to:
(1) Meet annually to determine and prioritize the management objectives deemed necessary to preserve and enhance the wild resource.
(2) Conduct a public hearing not less than 60 days prior to each annual meeting of the board, providing 30 days advance notice thereof by publication in the Pennsylvania Bulletin to which all interested persons shall be invited to make recommendations to the board.
(3) to (6) Repealed. 1999, Dec. 15, P.L. 949. No. 68, § 3(a), effective Dec. 31, 1999.
(c) to (g) Repealed. 1999, Dec. 15, P.L. 949. No. 68, § 3(a), effective Dec. 31, 1999.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 6, effective Jan. 1, 1983. Amended 1994, July 1, P.L. 375, No. 56, § 1, effective in 60 days. Affected 1999, Dec. 15, P.L. 949, No. 68, § 3(a), effective Dec. 31, 1999.
(a) In addition to the powers and duties granted to it by the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929," [FN1] the Department of Environmental Resources shall, with cooperation from taxonomists, biologists, botanists and other interested persons conduct investigations on wild plants in order to ascertain information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to classify plants and to determine management measures necessary for their continued ability to sustain themselves successfully.
(b) The department shall establish a classification procedure that should include but may not be limited to the following categories:
(1) Extirpated. Species which once occurred in Pennsylvania, but no longer are known to exist.
(2) Endangered. Species in danger of extinction throughout all or most of its range if critical habitat is not maintained, or it is greatly exploited by man.
(3) Threatened. Species likely to become endangered throughout all or most of its range if critical habitat is not maintained or it is greatly exploited by man.
(4) Disjunct. Species which are significantly separated from the main area of distribution.
(5) Endemic. Species confined to a specialized habitat and with limited ranges.
(6) Restricted. Species with epidemic distribution but found in specialized habitats or habitats infrequent in Pennsylvania.
(7) Limit of range. Species which are uncommon or rare in Pennsylvania because they are at or near the peripheral of their distribution. Within the main body of their distribution, these species may or may not be common.
(8) Vulnerable. Species which are in danger of loss because of their beauty, economic value, use as cultivar or other factors which make them prime targets for being removed from native habitats.
(9) Undetermined. Species suggested as needing protection because of their infrequent occurrence, but their status in Pennsylvania is unclear.
(c) On the basis of such determinations, the Environmental Quality Board shall issue regulations not later than two years from the effective date of this act, after public notice, after receiving data from interested persons and after holding public hearings. Such regulations so established shall set limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage wild plants. The Environmental Quality Board may add or delete species as conditions change and may modify regulations to reflect the changing environment.
(d) The department shall establish criteria for and promote a cooperative Statewide system of private wild plant sanctuaries.
(e) Each landowner desiring "private wild plant sanctuary" designation under this act shall make application to the department on a form prepared and provided by the department.
(f) No portion of this section shall be construed to restrict withdrawal of said designation at the request of the landowner.
(g) The department may suspend or revoke any designation for violation of this act, the regulations thereunder or for other good cause.
(h) No portion of this section shall be construed to restrict entry into such sanctuaries for the purpose of hiking, hunting, fishing or any other beneficial nonmotorized outdoor activity.
(i) Except as provided in this section, it shall be unlawful for any person exclusive of the owner of the land or any person having a bona fide property interest therein, to willfully adversely alter or destroy the local ecosystem of such private wild plant sanctuary.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 7, effective Jan. 1, 1983.
[FN1] 71 P.S. § 51 et seq.
P.L. 949, No. 68, § 3(a), effective Dec. 31, 1999.
§ 5308. Wild plant management permits
(a) In carrying out the purposes of this act, the department shall upon application issue permits authorizing the removal, collection or transplanting of endangered or threatened plant species pursuant to regulations established by the Environmental Quality Board.
(b) Any person desiring a wild plant management permit as herein provided, shall make application to the department on a form provided by the department.
(c) It shall be lawful for a person holding a valid wild plant management permit, with the expressed permission of landowners, to transplant wild plants into private and public plant sanctuaries for the purpose of insuring their perpetuation as members of ecosystems, to enhance their numbers or to restore their natural range. All such transplants shall be in accordance with the provisions of this act.
(d) Persons holding valid wild plant management permits should make every effort possible to transplant valuable species from land areas threatened by future land development, surface mining or agricultural encroachment to public or private plant sanctuaries.
(e) The department may also grant certain permittees, for taxonomical and botanical purposes, the right to collect threatened or endangered plants defined herein subject to the rules and regulations pursuant to this act, with the expressed permission of the landowner, as long as such collections would be deemed by the department to be consistent with the intent of this act.
(f) The department may suspend or revoke any plant management permit for violation of this act or regulations thereunder, the terms or conditions of the permit or for other good cause.
(g) Any person aggrieved by a decision of the department may appeal such decisions to the Environmental Hearing Board pursuant to Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 8, effective Jan. 1, 1983.
(a) Species classified as vulnerable shall be subject to the following restrictions:
(1) The Environmental Quality Board upon designation of vulnerable species shall establish regulations over the digging, harvesting, sale and exploitation of said species.
(2) The regulations shall:
(i) consider the distribution, abundance, economic value, growing and reproduction cycle;
(ii) establish seasons for the digging and harvesting of plants or plant parts; and
(iii) provide for the commercial licensing of persons who buy with the intent to sell vulnerable plants within the Commonwealth or export said plants therefrom and to require the licensees to maintain records of their transactions.
(3) The Environmental Quality Board shall establish the license fee.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 9, effective Jan. 1, 1983.
§ 5310. Public wild plant sanctuaries
(a) The department may, when deemed necessary to protect wild plant species afforded consideration under this act, acquire natural areas of land or aquatic habitat, or designate such areas on land previously acquired for the establishment of public wild plant sanctuaries.
(b) The department may, when deemed necessary to protect a species afforded protection under this act, acquire natural areas of land or aquatic habitat.
(c) The secretary shall utilize all existing authority vested in the department to carry out the purposes of this section.
(d) The department may allow, under such terms and conditions as may be prescribed by regulation, individuals or groups to assist in the management of designated areas for the purpose of promoting wild plants.
(e) Such areas established under this section shall be utilized whenever feasible, for scientific or educational purposes.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 10, effective Jan. 1, 1983.
(a) Except as otherwise provided it shall be unlawful for any person, exclusive of the owner of the land or any person having a bona fide property interest therein to disturb, pick, take or possess vulnerable, threatened or endangered wild plants. It shall be unlawful for any person to transport with the intent to sell, sell or export threatened or endangered wild plants. It shall be unlawful for any person to disturb, pick or take wild plants from State parks and forest lands except as provided by rules and regulations.
(b) In order to aid the department in the enforcement of this act, the following penalties shall apply:
(1) Any person who violates the provisions of this act relating to commercial licensing or regulations issued thereunder shall be sentenced to pay a fine of not more than $200 or have the license revoked or both.
(2) Any person found to be illegally in possession of any wild plant species or part thereof protected hereunder, or any person who willfully destroys or mutilates an endangered plant species protected hereunder shall be sentenced to pay a fine of up to $100 for each plant taken or destroyed.
(3) Any person who violates any other provision of this act or regulation issued hereunder shall, for violation, be sentenced to pay a fine of not more than $100.
(c) Any enforcement officer employed or designated by the department or any police officer of the Commonwealth or any municipality within the Commonwealth shall have authority to enforce the provisions of this section.
(d) Any person aggrieved by any order or other action of the department shall have the right of appeal to the Environmental Hearing Board, in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) and such further right of appeal as is provided by law in such cases.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 11, effective Jan. 1, 1983.
§ 5312. Limitation; termination
The check-off system created by section 4 of this act [FN1] shall be the only such check-off allowed on Pennsylvania State income tax return forms seeking voluntary contributions from tax refunds. In the event the wild resource conservation fund shows a net loss, after the deduction of administrative cost by the Department of Revenue, for two consecutive years, and the Secretary of the Budget and the State Treasurer certify to the General Assembly that such loss has in fact occurred then the board and all of its powers and duties shall terminate and go out of existence within 60 days of the certification.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 12, effective Jan. 1, 1983.
§ 5313. Limitation on General Fund money
Except to complete any transfer required by section 4, [FN1] no moneys from the General Fund shall be used for the purposes of this act.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 13, effective Jan. 1, 1983.
[FN1] 32 P.S. § 5304.
All acts or parts of acts inconsistent with the provisions of this act are hereby repealed to the extent of such inconsistency.
CREDIT(S)
1982, June 23, P.L. 597, No. 170, § 14, effective Jan. 1, 1983.