2012 Pennsylvania Consolidated Statutes
Title 34 - GAME
Chapter 23 - Hunting and Furtaking
Section 2361 - Unlawful acts concerning taking of furbearers

                               SUBCHAPTER D
                          FURTAKING REGULATIONS

     Sec.
     2361.  Unlawful acts concerning taking of furbearers.
     2362.  Permitted acts.
     2363.  Trapping exception for certain persons.
     2364.  Penalties.

        Cross References.  Subchapter D is referred to in section
     2362 of this title.
     § 2361.  Unlawful acts concerning taking of furbearers.
        (a)  General prohibitions.--Except as otherwise provided in
     this title, it is unlawful for any person to:
            (1)  Take, kill, wound, capture or have in possession, or
        attempt, aid, abet, assist or conspire to take, kill, wound
        or capture, any furbearers except during the open furtaking
        season and in such numbers or by such methods as fixed by the
        commission or this title.
            (2)  Have in possession the green pelt, or any part
        thereof, of any furbearers taken except during the open
        season and for ten days thereafter without first securing a
        permit from an officer of the commission.
            (3)  Stake out or set traps for furbearers prior to the
        date and hour fixed as the open season for taking such
        animals.
            (4)  Stake out, set or tend, or attempt to stake out, set
        or tend, traps of any kind in an attempt to take, kill or
        capture any furbearers without first securing, possessing and
        displaying any licenses or permits required by this title.
            (5)  Buy or sell, or offer to buy or sell, or export from
        this Commonwealth any furbearer, or any part thereof, which
        has been unlawfully taken, possessed, killed, transported,
        imported, exported or improperly tagged regardless of where
        the furbearer was taken.
            (6)  Possess live furbearers taken from the wild without
        securing a permit from an officer of the commission.
            (7)  Set traps closer than five feet from any hole or den
        except in the case of an underwater set.
            (8)  Use a pole trap, deadfall, poison, explosive,
        chemical, leg-hold trap with teeth on the jaws or with a jaw
        spread exceeding six and one-half inches or any device
        prohibited by regulation of the commission.
            (9)  Smoke out or dig out any den or house of any kind or
        cut den trees.
            (10)  Use any trap of any kind unless visited and all
        animals and birds released or removed at least once every 36
        hours.
            (11)  Use or set a body-gripping trap of any description
        outside any established watercourse, waterway, marsh, pond or
        dam.
            (12)  Set a trap of any description unless each device is
        marked with a durable identification tag attached to the trap
        or trap chain which, at the option of the trapper, must
        legibly set forth in English the first name, last name and
        legal home address of the person setting or tending the trap
        or must bear a number issued by the commission. All
        information under this paragraph shall be subject to the
        provisions of section 325 (relating to limitation on
        disclosure of certain records).
            (13)  Bait a trap with meat or animal products if the
        bait is visible from the air.
            (14)  Let traps set after the close of the furtaking
        season.
            (15)  Except as provided in subsection (b), disturb the
        traps of another person.
            (16)  Remove any wildlife from the trap of another person
        without specific permission to do so.
            (17)  Set or place a cage or box trap in the water.
            (18)  Use any cage or box trap not approved by the
        commission.
            (19)  Destroy or disturb or interfere with the dams or
        houses of beavers without the specific permission of a
        commission officer.
        (b)  Permissible disturbance of certain traps.--When traps
     are set on private property without the permission of the
     landowner, lessees or their employees, the owner, lessees or
     their employees may remove the traps and notify an officer of
     the commission within 48 hours. All traps removed shall be
     turned over to a commission officer. The officer shall notify
     the trapper within ten days to claim the traps. If the traps are
     not claimed within 30 days following notification or the trapper
     cannot be located, the traps shall be forfeited to the
     commission.
     (May 28, 1992, P.L.262, No.45, eff. July 1, 1992)

        1992 Amendment.  Act 45 amended subsec. (a)(12).
        Cross References.  Section 2361 is referred to in section 325
     of this title.