2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 9 - Enforcement
Section 923 - Classification of offenses and penalties

§ 923.  Classification of offenses and penalties.

(a)  General rule.--The following penalties shall be imposed for violations of this title:

(1)  For a summary offense of the first degree, a fine of $250 or imprisonment not exceeding 90 days.

(2)  For a summary offense of the second degree, a fine of $150 or imprisonment not exceeding 20 days.

(3)  For a summary offense of the third degree, a fine of  $75.

(4)  For a summary offense of the fourth degree, a fine of $25.

(5)  For a misdemeanor of the third degree, a fine of not less than $250 nor more than $5,000, or imprisonment not exceeding 90 days, or both.

(6)  For a misdemeanor of the second degree, a fine of not less than $500 nor more than $5,000, or imprisonment not exceeding two years, or both.

(7)  For a misdemeanor of the first degree, a fine of not less than $1,500 nor more than $10,000, or imprisonment not exceeding five years, or both.

(8)  For a felony of the third degree, a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both.

(9)  For a felony of the second degree, a fine of not less than $5,000 nor more than $25,000, or imprisonment not exceeding ten years, or both.

(b)  Additional fine.--In addition to the penalties in subsection (a), a fine of not less than $20 nor more than $50 may be imposed for each fish taken, caught, killed, possessed or sold in violation of this title or for each illegal device used by an angler while in the act of fishing. In computing the number of fish taken, caught, killed, possessed or sold, the number immediately returned unharmed to the water where they were taken shall be omitted.

(c)  Additional penalty for fishing without license or permit or operating boat without registration.--In addition to the penalties in subsection (a), a person convicted or acknowledging guilt of the offense of fishing without a license in violation of section 2703 (relating to possession and display of licenses) or 2908 (relating to penalties) or operating an unregistered boat for which registration is required shall pay an additional penalty equal to two times the cost of the annual license, permit or registration which the person was required to possess in order to fish or operate a boat requiring registration.

(c.1)  Additional penalty for serious unlawful take.--In addition to the penalties in subsections (a) and (b), a person convicted or acknowledging guilt of violating section 2109 (relating to serious unlawful take) or 2110 (relating to taking or possessing by illegal methods) shall be assessed the costs incurred by the commission for the replacement of the species involved in the violation in an amount determined by regulation of the commission consistent with the values established by the American Fisheries Society or other recognized professional fisheries organization. Replacement costs may only be assessed for violations relating to federally listed threatened or endangered species and any other species of fish designated by the commission.

(d)  Repeat offenders.--Except as provided in section 5502 (relating to operating watercraft under influence of alcohol or controlled substance), a person who is convicted or acknowledges guilt of a second or subsequent violation of this title or the regulations promulgated under this title within 12 months of a prior offense under this title shall be sentenced as a repeat offender. An extract from commission records maintained in the ordinary course of business showing that the person was convicted or acknowledged guilt of two or more offenses under this title on separate occasions within a 12-month period shall be prima facie evidence that the person is a repeat offender. In addition to the fine set forth in subsection (a), a repeat offender may be sentenced to pay an additional fine as follows:

(1)  $200 if all the offenses committed within the 12-month period were classified as summary offenses under this title.

(2)  $1,000 if any of the offenses committed within the 12-month period were classified as misdemeanors of the third degree and none were classified as misdemeanors of the first or second degree or felonies.

(3)  $2,500 if any of the offenses committed within the 12-month period were classified as misdemeanors of the first or second degree or felonies.

(e)  Title 18 inapplicable.--Title 18 (relating to crimes and offenses) is inapplicable to this title insofar as it relates to fines and imprisonment for convictions of summary offenses, misdemeanors and felonies.

(May 30, 1984, P.L.339, No.68, eff. 60 days; Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Oct. 31, 1997, P.L.485, No.49, eff. 60 days; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; July 8, 2007, P.L.82, No.27, eff. imd.; Oct. 24, 2012, P.L.1323, No.167, eff. imd.)

2012 Amendment.  Act 167 amended subsecs. (a)(1), (2) and (3) and (b) and added subsec. (c.1). Section 5(1) of Act 167 provided that the amendment or addition of subsecs. (a)(1), (2), (3), (b) and (c.1) shall apply to violations occurring on or after the effective date of Act 167.

2007 Amendment.  Act 27 amended subsecs. (a)(6) and (7) and (d).

Cross References.  Section 923 is referred to in section 2503 of this title; section 4223 of Title 3 (Agriculture).