Sources: Purdon's Pennsylvania Consolidated Statutes Annotated, 1958, Titles 30, 32 and 34; 1992 Cumulative Annual Pocket Part.
STATE WILDLIFE POLICY
The Commonwealth has sufficient interest in fish, game and wildlife to give it standing, through its authorized agencies, to recover damages against a person who kills fish, game or wildlife, or who pollutes streams, or damages habitat. The proprietary ownership, jurisdiction and control of fish, game or wildlife are vested in the Commonwealth by the expenditure of funds and efforts to protect, perpetuate, propagate and maintain the fish population and protect, propagate, manage and preserve the game or wildlife population as a natural resource (30-2506 and 34-2161).
It is declared that: numerous flora and fauna, including those rare or endangered, are not commonly pursued, killed or consumed for sport or profit; such species need more active management; it is in the public interest to preserve and enhance such species for the benefit of all. It is the purpose of the Wild Resource Conservation Act to: provide for such species to enhance the constitutional rights guaranteed in section 27, Article 1 of the Constitution of Pennsylvania; provide support for the management of wild resources by establishing a contribution system on state income tax forms; promote the cooperation of the Department of Environmental Resources, Fish and Boat Commission (Fish Commission) and Game Commission in the management of wild resources; establish an interagency Wild Resources Conservation Board to channel cooperation, promote the voluntary contribution system and administer the program; establish and promote a cooperative statewide system of private wild plant sanctuaries; conserve and protect wild plant species (32-5302).
PROTECTED SPECIES OF WILDLIFE
The Director of the Fish Commission shall establish Pennsylvania Threatened and Endangered Species Lists. The lists and revision are published in the Pennsylvania Bulletin. The Fish 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 fish species and, may issue permits for catching, taking or possessing those species. Violation: third degree misdemeanor. Each fish caught, taken, killed, imported, transported, removed, introduced, possessed, sold, offered for sale or purchased in violation of a regulation pertaining to threatened or endangered species is a separate offense. Catching a threatened or endangered species is not a violation if it is immediately released where captured in the condition in which it was captured (30-2305).
Except as provided, it is unlawful to kill or attempt or conspire to kill or take or attempt, assist, aid or abet in the taking of protected birds or possess protected birds, or parts. It is lawful for protected hawks, falcons or owls to be taken and possessed for use in falconry, but they shall not be bought, sold or bartered for, or held in possession for falconry. Except under a Game Commission permit, no protected bird or part shall be mounted or retained in possession. Violation: fifth degree summary offense for each protected bird or part. Violation relating to birds listed as threatened or endangered is, in addition to other penalties, a third degree misdemeanor. Game, wildlife or eggs possessed in violation is contraband. Except as provided, it is unlawful to take or possess or control either the active nest or egg of a game bird or protected bird or to interfere with or destroy the active nest or egg. Violation: fifth degree summary offense for each active nest or egg possessed or interfered with. Violation relating to birds listed as threatened or endangered is, in addition to other penalties, a third degree misdemeanor for each nest or egg possessed. An active nest or egg possessed in violation is contraband. Except as provided, it is unlawful to have a protected bird or a bird belonging to the same family as those protected birds found in a wild state in the Commonwealth or is similar in appearance to a native protected bird, the eggs or a part, in possession or under control for sale or barter, or to offer or expose theme for sale or barter, or to transport, ship or remove, or attempt to transport, ship or remove from the Commonwealth such bird, living or dead, or the eggs or part. Violation: fourth degree summary offense for each bird or part. Violation relating to birds which are listed as threatened or endangered is, in addition to other penalties, a third degree misdemeanor for each bird or part. A protected bird or an egg or part possessed in violation is contraband. Except as provided, it is unlawful to bring into or remove from the Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet, or conspire such of a wild bird or wild animal, or part, or the eggs of an endangered or threatened species. It is the duty of every officer having authority to enforce the code to seize all wild birds or wild animals, or parts, or the eggs, declared endangered or threatened. Violation: third degree misdemeanor. All wild birds or wild animals, or parts, or the eggs seized which are found to be in violation are contraband. The Game Commission by regulation may add or remove a native wild bird or wild animal to or from the state native list of endangered or threatened species (34-2164 through -2167).
The Game Commission may issue permits for the importation, exportation, sale, exchange, taking or possession of birds or animals classified as endangered or threatened, living or dead, or parts, including eggs, and permits for native birds or animals taken from the wild and which are classified as endangered or threatened in Title 58 (Oil and Gas). The Game Commission may join with federal agencies in issuing joint permits for birds or animals not native which are classified as endangered or threatened in the Code of Federal Regulations. It is unlawful for a person to import, export, transport, sell, resell, exchange, take birds or animals of an endangered species, living or dead, or parts, including eggs, or to possess or conspire, aid, abet, assist or attempt to do so, or to violate regulations pertaining to such wildlife. A permit violation is a first degree summary offense. The penalty for a violation of other provisions relating to endangered or threatened species is a misdemeanor of the second or third degree. A person who proves possession of a species prohibited by these provisions on or before March 28, 1974, is exempt from the penalties and forfeitures for mere possession (34-2924).
HABITAT PROTECTION
The Fish and Boat Commission may set aside refuge areas in which fishing or entry shall be prohibited for periods as it prescribes. Notices of closings shall be posted at refuge areas. Violation by fishing in a refuge area: first degree summary offense. Violation by entering a refuge area: third degree summary offense (30-2306). No person shall alter or disturb a stream, stream bed, fish habitat, water or watershed in a manner that might cause damage or loss of fish without permits. Violation: third degree misdemeanor (30-2502). No person, regardless of intent, shall: put or place in waters within or on state boundaries any electricity, explosives or poisonous substances, except for research and fish management, agents authorized by the Fish Commission Director may use any method to collect, eradicate or control fish; or allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into waters within or bordering the Commonwealth. In criminal prosecutions for water pollution known to be injurious to fish, it is not necessary to prove that the violation has actually caused the death of, or damage to, a particular fish. This provision does not supersede "The Clean Streams Law." Violation: third degree misdemeanor (30-2504).
No dams, ponds, or other devices which prevent free migration of fish shall be erected or placed by a person licensed to propagate and sell fish in a stream flowing over the person's property. No person shall use the ponds so licensed for other than commercial propagation and rearing of fish (30-3302). A person erecting or maintaining a dam in state waters, immediately on a written order from the Fish and Boat Commission, shall erect chutes, slopes, fishways, gates or other devices to enable the fish to ascend and descend the waters at all seasons of the year. In lieu of requiring the erection of such devices at a dam where they are not practicable or advisable, the Commission may enter into an agreement with the owner, lessee or operator of the dam to pay to the Commission a sum to be expended for: stocking with fish of the dammed waters; the propagation, rearing and distribution of fish placed in the waters and the acquisition of the facilities therefor; carrying out other fish managing practices in the waters for the improvement of public fishing opportunities. Money received by the Commission under such an agreement shall be paid into the Fish Fund. When funds are available, the Commission shall conduct and encourage surveys and experimentation to develop chutes, slopes, fishways, gates or other devices to pass migratory fish over the dams. Every chute, slope, fishway, gate or other device shall be operated in a manner prescribed by the Commission and shall remain open and be maintained in good repair by the person owning or maintaining the dam. A person failing to comply with these provisions within three calendar months of the date of notice shall forfeit and pay a civil penalty of $100 for every day of failure to comply. The penalty shall be recovered in civil suit or process. If the person owning, leasing or maintaining a dam fails to erect or to maintain a chute, slope, fishway, gate or other device after the lapse of three calendar months from the date of notice, the Commission may enter upon the dam and erect such device or make repairs, and the cost shall be charged to the person owning or maintaining the dam and may be recovered by civil suit or process (30-3501, -3502, 3504 and - 3505).
No person shall draw off dam waters inhabited by fish without written permission from the Fish and Boat Commission, nor obstruct the flow of water through a dam without allowing a minimum flow of water to enable fish to live. Dams, deflectors, retards or similar devices placed across or in waters inhabited by fish, with permission of the owners of the land adjacent thereto or through which those waters flow, shall not be destroyed, removed, breached or disturbed, except by written permission from the Commission. Violation: first degree summary offense (30-3506).
A person owning, leasing or maintaining a raceway, flume or inlet pipe leading to a water wheel, turbine pump or canal shall immediately upon receipt of a written order from the Fish and Boat Commission place and maintain a bar rack as specified, in or near that raceway, flume or inlet pipe to prevent fish from entering it. If one month after notice of violation there is no compliance, the Commission may enter upon the raceway, flume or inlet pipe and place such a bar rack. The cost shall be charged against the owner, lessor or operator and may be recovered by civil suit or process. A person failing to comply within one calendar month shall forfeit and pay a civil penalty of $100 for every day of violation (30-3508).
No person shall place a device or object in state waters in a manner that obstructs the migration or passage of fish or obstructs a fishway, but the Fish and Boat Commission may authorize the erection and prescribe conditions for the operation and maintenance of such devices for a fee. After giving written notice to the Commission, an organization or club that has been in existence for one year or more may obstruct the passage of fish for up to 48 hours for conducting fish rodeos to encourage fishing by children. Such obstructions shall not be erected more than twice in one year within a distance of one mile from a similar obstruction on the same stream. The obstruction shall be at least one-half mile from other obstructions and erected and designed in such manner that fish will not normally be injured. Violation: first degree summary offense (30-3509).
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