2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 25 - Protection of Property and Waters
Section 2506 - Commonwealth actions for damage to fish

     § 2506.  Commonwealth actions for damage to fish.
        (a)  Declaration of policy.--The Commonwealth has sufficient
     interest in fish living in a free state to give it standing,
     through its authorized agencies, to recover damages in a civil
     action against any person who kills any fish or who injures any
     streams or streambeds by pollution or littering. The proprietary
     ownership, jurisdiction and control of fish, living free in
     nature, are vested in this Commonwealth by virtue of the
     continued expenditure of its funds and its efforts to protect,
     perpetuate, propagate and maintain the fish population as a
     renewable natural resource of this Commonwealth.
        (b)  General rule.--The commission, as an agency of the
     Commonwealth authorized to regulate, control, manage and
     perpetuate fish may, in addition to criminal penalties provided
     in this title, bring civil suits in trespass on behalf of the
     Commonwealth for the value of any fish killed or any stream or
     streambed destroyed or injured in violation of this chapter. In
     determining the value of fish killed, the commission may
     consider all factors that give value to such fish. These factors
     may include, but need not be limited to, the commercial resale
     value, the replacement costs or the recreational value of
     angling for the fish killed. In addition, the commission is
     entitled to recover the costs of gathering the evidence,
     including expert testimony, in any civil suit brought under this
     section where the defendant is found otherwise liable for
     damages.

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