2010 Pennsylvania Code
Title 34 - GAME
Chapter 21 - Game or Wildlife Protection
2161 - Commonwealth actions for damage to game or wildlife.

                               SUBCHAPTER D
                      PROTECTION OF GAME OR WILDLIFE

     Sec.
     2161.  Commonwealth actions for damage to game or wildlife.
     2162.  Disturbance of game or wildlife.
     2163.  Unlawful importation of game or wildlife.
     2164.  Unlawful taking and possession of protected birds.
     2165.  Possession or interference with active nests or eggs of
            birds.
     2166.  Unlawful sale of protected birds and plumage.
     2167.  Endangered or threatened species.
     § 2161.  Commonwealth actions for damage to game or wildlife.
        (a)  Declaration of policy.--The Commonwealth has sufficient
     interest in game or wildlife living in a free state to give it
     standing, through its authorized agents, to recover compensatory
     and punitive damages in a civil action against any person who
     kills any game or wildlife or who damages any game or wildlife
     habitat. The proprietary ownership, jurisdiction and control of
     game or wildlife living free in nature is vested in the
     Commonwealth by virtue of the continued expenditure of its funds
     and its efforts to protect, propagate, manage and preserve the
     game or wildlife population as a renewable natural resource of
     this Commonwealth.
        (b)  General rule.--The commission, as the agency of the
     Commonwealth authorized to regulate, protect, propagate, manage
     and preserve game or wildlife, may, in addition to the penalties
     provided in this title, bring civil actions on behalf of the
     Commonwealth for compensatory and punitive damages for any game
     or wildlife killed or any game or wildlife habitat injured or
     destroyed. In determining the value of game or wildlife killed
     or habitat injured or destroyed, the commission may consider all
     factors that give value to the game or wildlife or habitat.
     These factors may include, but need not be limited to, the
     commercial resale value, the replacement costs or the
     recreational value of observing, hunting or furtaking. In
     addition, the commission may recover the costs of gathering the
     evidence, including expert testimony, in any civil action
     brought under this section where the defendant is found liable
     for damages.
        (c)  Concurrent authority.--The commission shall have
     concurrent authority to enforce the act of November 26, 1978
     (P.L.1375, No.325), known as the Dam Safety and Encroachments
     Act, and the regulations thereto, with respect to encroachments
     and water obstructions only if a violation would, in the opinion
     of the commission, negatively impact upon a swamp, marsh or
     wetland. Notwithstanding the provisions of section 26, in the
     event the commission shall bring a civil action suit pursuant to
     section 21 or a criminal proceeding pursuant to section 22 of
     the Dam Safety and Encroachments Act, any moneys recovered by
     the commission shall be deposited in the Game Fund instead of
     the Dams and Encroachments Fund.
        (d)  Exemptions.--Nothing in this section shall be construed
     to include normal or accepted practices which have been
     conducted within guidelines set forth by the State or Federal
     agency having jurisdiction over such actions or any activities
     arising from lawful activity by other land uses, including
     farming, mining, oil and gas drilling, habitat management
     practices, forestry practices, recreation or real estate
     development.