2012 Pennsylvania Consolidated Statutes
Title 34 - GAME
Chapter 21 - Game or Wildlife Protection
Section 2167 - Endangered or threatened species

     § 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.
     (July 9, 2010, P.L.387, No.54, eff. 60 days)

        2010 Amendment.  See section 6 of Act 54 in the appendix to
     this title for special provisions relating to public notice.
        Cross References.  Section 2167 is referred to in section
     2924 of this title.