2010 Pennsylvania Code
Title 34 - GAME
Chapter 23 - Hunting and Furtaking
2307 - Unlawful taking or possession of game or wildlife.

     § 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.
     (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.

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