(a) Establishment and publication of lists.--The executive director shall establish a Pennsylvania Threatened Species List and a Pennsylvania Endangered Species List. The lists, and any revisions thereto, shall be published in the Pennsylvania Bulletin.
(b) Rules, regulations and permits.--The commission may promulgate rules and regulations governing the catching, taking, killing, importation, introduction,transportation, removal, possession, selling, offering for sale or purchasing of threatened and endangered species and, if deemed advisable, may issue permits for catching, taking or possessing any of those species.
(c) Penalty.--Any person intentionally violating any rule or regulation promulgated under this section commits a misdemeanor of the third degree. Each fish caught, taken, killed, imported, transported, removed, introduced, possessed, sold, offered for sale or purchased in violation of any rule or regulation promulgated under this section shall constitute a separate offense. Catching a threatened or endangered species shall not constitute a violation if it is immediately released where it was captured in the condition in which it was captured.
Citation: 30 Pa.C.S.A. § 2305.
...(e) Penalties.-- (1) A violation of subsection (b) or (c) relating to permit violations is a summary offense of the first degree.
(2) The penalty for a violation of any other provision of this section is the same as set forth in section 2167(b) and (c) (relating to endangered or threatened species).
(3) A person who proves possession of any of the items prohibited by this section on or before March 28, 1974, shall be exempt from the penalties and forfeitures for mere possession.
Citation: 34 Pa.C.S.A. § 2924.
...(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.
Citation: 34 Pa.C.S.A. § 2167.
(a) In carrying out the purposes of this act, the department shall upon application issue permits authorizing the removal, collection or transplanting of endangered or threatened plant species pursuant to regulations established by the Environmental Quality Board.
(b) Any person desiring a wild plant management permit as herein provided, shall make application to the department on a form provided by the department.
(c) It shall be lawful for a person holding a valid wild plant management permit, with the expressed permission of landowners, to transplant wild plants into private and public plant sanctuaries for the purpose of insuring their perpetuation as members of ecosystems, to enhance their numbers or to restore their natural range. All such transplants shall be in accordance with the provisions of this act.
(d) Persons holding valid wild plant management permits should make every effort possible to transplant valuable species from land areas threatened by future land development, surface mining or agricultural encroachment to public or private plant sanctuaries.
(e) The department may also grant certain permittees, for taxonomical and botanical purposes, the right to collect threatened or endangered plants defined herein subject to the rules and regulations pursuant to this act, with the expressed permission of the landowner, as long as such collections would be deemed by the department to be consistent with the intent of this act.
(f) The department may suspend or revoke any plant management permit for violation of this act or regulations thereunder, the terms or conditions of the permit or for other good cause.
(g) Any person aggrieved by a decision of the department may appeal such decisions to the Environmental Hearing Board pursuant to Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
Citation: 32 P.S. § 5308.
(a) Except as otherwise provided it shall be unlawful for any person, exclusive of the owner of the land or any person having a bona fide property interest therein to disturb, pick, take or possess vulnerable, threatened or endangered wild plants. It shall be unlawful for any person to transport with the intent to sell, sell or export threatened or endangered wild plants. It shall be unlawful for any person to disturb, pick or take wild plants from State parks and forest lands except as provided by rules and regulations.
(b) In order to aid the department in the enforcement of this act, the following penalties shall apply:
(1) Any person who violates the provisions of this act relating to commercial licensing or regulations issued thereunder shall be sentenced to pay a fine of not more than $200 or have the license revoked or both.
(2) Any person found to be illegally in possession of any wild plant species or part thereof protected hereunder, or any person who willfully destroys or mutilates an endangered plant species protected hereunder shall be sentenced to pay a fine of up to $100 for each plant taken or destroyed.
(3) Any person who violates any other provision of this act or regulation issued hereunder shall, for violation, be sentenced to pay a fine of not more than $100.
(c) Any enforcement officer employed or designated by the department or any police officer of the Commonwealth or any municipality within the Commonwealth shall have authority to enforce the provisions of this section.
(d) Any person aggrieved by any order or other action of the department shall have the right of appeal to the Environmental Hearing Board, in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) and such further right of appeal as is provided by law in such cases.
Citation: 32 P.S. § 5311.
(a) Jurisdiction.--Notwithstanding the provisions of Title 42 (relating to judiciary and judicial procedure), all magisterial district judges shall have jurisdiction for all violations of this title which are classified as summary offenses and may accept guilty pleas and impose sentences for violations of this title classified as ungraded misdemeanors...
(c) Penalty for undesignated violations.--A person who violates any provision of this title for which a particular penalty is not designated commits:
(1) A misdemeanor of the second degree if the violation involves an endangered or threatened species and no more severe penalty is fixed...
(d) Enhanced penalties for certain violations.--If applicable, one or more of the following may apply to certain offenses:
(1) An additional fine of one and one-half times the amount of the applicable fine may be imposed when the offense is a second or subsequent offense within a seven-year period or during the same criminal episode and no penalties for second or subsequent offenses are prescribed for the violation under this title.
(2) An additional fine of $500 may be imposed when the offense involves the unlawful taking of big game or threatened or endangered species and a witness report was instrumental in securing a successful conviction. Any additional fines imposed under this paragraph shall be directed to the commission to compensate any witness whose report directly results in a successful conviction. If applicable, each witness, up to a maximum of two, shall be compensated $250 for each additional $500 imposed.
(e) Installment payment of fines.--Upon a plea and proof that person is unable to pay any fine and costs imposed under this title, a court may, in accordance with 42 Pa.C.S. § 9758 (relating to fine), permit installment payments it considers appropriate to the circumstances of the person, in which case its order shall specify when each installment payment is due.
(f) Nonpayment of fines and costs.--Unless otherwise provided in this title, each person who fails to pay any fines and costs imposed may, after a hearing before a magisterial district judge, be imprisoned until the fines and costs are paid in full. The court may imprison the person for a number of days equal to one day for each $40 of the unpaid balance of the fines and costs not to exceed six months.
(g) Adjudication alternative program inapplicable.--The provisions of 42 Pa.C.S. § 1520 (relating to adjudication alternative program) shall not be applied as an adjudication alternative for any violation or offense under this title.
(h) Separate offenses.--Where game or wildlife is unlawfully taken, killed, wounded, possessed, transported, purchased, concealed or sold, each bird or animal or part thereof involved in the violation constitutes a separate offense.
(i) Replacement costs.--In addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission. Replacement costs shall only be assessed for violations relating to threatened or endangered species of North American game or wildlife and such other species of Pennsylvania game or wildlife as designated by the commission.
(j) Title 18 inapplicable.--Title 18 (relating to crimes and offenses) is inapplicable to this title insofar as it relates to:
(1) intent, willfulness of conduct or fines and imprisonment for convictions of summary offenses and misdemeanors; or
(2) criminal records under 18 Pa.C.S. Ch. 91 (relating to criminal history record information) for misdemeanors under section 2522(b)(1) (relating to shooting at or causing injury to human beings).
(k) Impact on other laws.--A felony under this title shall not be deemed to constitute a felony for the purpose of any other law relating to disqualification from employment, loss of suffrage or for any other purpose.
Citation: 34 Pa.C.S.A. § 925.
(a) General rule.--Except as set forth in subsection (b), it is unlawful for any person or group of persons to engage in any of the following activities to any degree:
(1) Cast the rays of an artificial light of any kind on any game or wildlife or in an attempt to locate any game or wildlife while on foot, in any vehicle or its attachments, or any watercraft or any airborne craft while in possession of a firearm of any kind, or a bow or arrow, or any implement or device with which any game or wildlife could be killed or taken even though no game or wildlife is shot at, injured or killed.
(2) Intentionally or knowingly act, aid, assist or conspire either in the killing or taking or in an attempt to kill, take, possess, transport or conceal any game or wildlife or a part thereof which has been killed or taken by use of any artificial light.
(3) Operate, allow or permit any vehicle or its attachments, any watercraft or any airborne craft to be used for killing or taking or attempting to kill or take any game or wildlife by using the rays of any artificial light...
(c) Penalties.--
(2) A violation of subsection(a)(2) or (3) relating to:
(i) Threatened or endangered species shall be graded as follows:
(A) A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere in this Commonwealth for a period of seven years.
(B) A second offense within a seven-year period or during the same criminal episode as the first offense is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.
(C) A third or subsequent violation within a seven-year period or during the same criminal episode of a first or second offense is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife within this Commonwealth for a period of 15 years...
Citation: 34 Pa.C.S.A. § 2310.
(a) General rule.--It is unlawful for any person to bring or, in any manner, to have transported into this Commonwealth from any other state or nation, any living game or wildlife or the eggs of any bird, the importation of which is prohibited by the commission or under the provisions of any Federal law, or to release within this Commonwealth any game or wildlife reared in captivity or in a domestic state, the importation of which is prohibited.
(b) Further restrictions.--It is unlawful to bring into, sell or possess any game or wildlife or the eggs of any bird or to release within this Commonwealth, for any purpose, imported game or wildlife or game or wildlife reared in captivity or in a domestic state in this Commonwealth contrary to any regulations the commission promulgates to safeguard the native game or wildlife of this Commonwealth.
(c) Penalties.-- ...
(2) A violation of this section relating to any endangered or threatened species is a misdemeanor. Each bird, egg or game or wildlife involved in the violation constitutes a separate offense.
(d) Contraband.--Any game or wildlife or egg possessed by any person contrary to this section is contraband.
Citation: 34 Pa.C.S.A. § 2163.
...(d) Penalty.--A violation of this section relating to:
(1) Threatened or endangered species shall be graded as follows:
(i) A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of seven years.
(ii) A second offense within a seven-year period or during the same criminal episode is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.
(iii) A third or subsequent violation of this section within a seven-year period or during the same criminal episode is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.
Citation: 34 Pa.C.S.A. § 2312.
...(c.1) Additional penalty for serious unlawful take.--In addition to the penalties in subsections (a) and (b), a person convicted or acknowledging 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.
Citation: 30 Pa.C.S.A. § 923.
(a) General rule.--It is unlawful for a person to kill any game or wildlife as a means of protection unless it is clearly evident from all the facts that a human is endangered to a degree that the immediate destruction of the game or wildlife is necessary.
(b) Report, safekeeping and investigation.--A person killing any game or wildlife under this subchapter shall report the event to an officer as soon as possible following the incident but in no case later than 24 hours, provide for safekeeping of the game or wildlife intact at the place where it was killed and be available for interview by the officer. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation.
(c) Exoneration.--At the conclusion of any investigation when any game or wildlife is allegedly killed as protection to a person, the officer may exonerate the person for the otherwise unlawful killing of the game or wildlife. In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director.
(d) Prosecution.--Any officer making an investigation when game or wildlife was allegedly killed as a protection to a person shall proceed with prosecution as though the game or wildlife was unlawfully killed if the officer is dissatisfied with the explanation of the person killing the game or wildlife or if the physical facts of the killing do not support and sustain the facts alleged by the person killing the game or wildlife.
(e) Penalties.--A violation of this section relating to:
(1) Threatened or endangered species is a misdemeanor...
Citation: 34 Pa.C.S.A. § 2141.
(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person at any time to kill or attempt or conspire to kill or take or attempt, assist, aid or abet in the taking of any protected birds or possess protected birds, or any part thereof...
(d) Penalties.--...
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor.
(e) Contraband.--Any game or wildlife or egg possessed by any person contrary to this section is contraband.
Citation: 34 Pa.C.S.A. § 2164.
(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to take or have in possession or under control either the active nest or any egg of any game bird or protected bird or to interfere with or destroy the active nest or egg.
(b) Penalties.--...
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor for each active nest or egg possessed.
(c) Contraband.--Any active nest or egg possessed by any person contrary to this section is contraband.
Citation: 34 Pa.C.S.A. § 2165.
(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person, acting either for personal interest or as the agent or representative of another, to have any protected bird or any bird which belongs to the same family as those protected birds found in a wild state in this Commonwealth or is similar in appearance to any native protected bird, the eggs or any part from such birds, in possession or under control for the purpose of sale or barter, or to offer or expose them for sale or barter, or to transport, ship or remove, or attempt to transport, ship or remove, from this Commonwealth, for any purpose, any such bird, either living or dead, or the eggs or any part thereof.
(b) Penalties.--...
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor for each bird or part thereof.
(c) Contraband.--Any protected bird or any egg or any part thereof possessed contrary to this section is contraband.
Citation: 34 Pa.C.S.A. § 2166.