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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 552 - Investigation and settlement

§ 552. Investigation and settlement.
As soon as possible after the claim for damages is received, an officer of the commission shall interview the claimant and inspect the property reported as damaged, if not previously inspected, to collect any additional evidence which may appear necessary and effect a settlement of the claim when possible. The officer of the commission shall have authority immediately to seize any property for evidence which shall be returned to the owner upon refusal of the claim or, upon payment of the claim, disposed of at the discretion of the director.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 553 - Payment of claim

§ 553. Payment of claim.
In all cases where an agreement between the commission's officers and the claimant is reached regarding the true value of damage sustained and the director is satisfied that the claim is reasonable and fair, a requisition shall be drawn upon the Game Fund in the amount mutually agreed upon.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 554 - Request for review

§ 554. Request for review.
When the commission's officers and the claimant cannot agree upon the value of the damages, the claimant may, within ten days of the conclusion of discussions, request, in writing, that the director review the matter.
Cross References.
Section 554 is referred to in section 561 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 555 - Limitation on expenditures for bear damage claims

§ 555. Limitation on expenditures for bear damage claims.
The director shall not spend in excess of $50,000 annually from the Game Fund for the payment of bear damage claims submitted and adjusted in accordance with the provisions of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 556 - Unlawful acts

§ 556. Unlawful acts.
(a) General rule.--
It is unlawful for any owner or his employee or other agent in charge of bees or bee-keeping equipment, livestock or poultry to file a fraudulent claim for damage of any kind alleged to have been done by bears or for any person to violate any other provision of this subchapter.
(b) Penalties.--
A person who collects or attempts to collect a fraudulent claim for damage by bears contrary to this subchapter commits a summary offense of the first degree. Any other violation of this subchapter is a summary offense of the fifth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 561 - Appointment of hearing examiner

§ 561. Appointment of hearing examiner.
Within 15 days following receipt of a request for review under section 545 (relating to request for review) or 554 (relating to request for review), a hearing examiner designated by the director shall select a location and a time for hearing the review, which location shall be within the county of origin of the dispute. The applicant for review or the commission officer investigating the claim may, at the time of the review, appear personally or with counsel to testify and present witnesses and evidence in their behalf and to confront and examine witnesses. The hearing shall be conducted in accordance with the provisions of Title 2 (relating to administrative law and procedure) and the regulations promulgated by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 5 - Fiscal Affairs › Section 562 - Powers and duties of hearing examiner

§ 562. Powers and duties of hearing examiner.
(a) General rule.--
The hearing examiner shall have the following powers and duties:
(1) Notify the parties of the place and time of the review.
(2) Upon request, issue compulsory process for the attendance of witnesses on behalf of the Commonwealth or the applicant and grant any reasonable continuance of the inquiry date and time as justice may require.
(3) Administer oaths to all persons testifying, which oaths shall in all ways be binding and of like effect as oaths administered in any court of this Commonwealth.
(4) Arrange for and supervise the electronic or stenographic recording of the proceedings and, if necessary, the preparation of the transcript.
(5) Perform, take or order any and all actions which are necessary to comply with Title 2 (relating to administrative law and procedure).
(b) Penalty.--
A violation of subsection (a)(2) or (3) is a summary offense of the fourth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 701 - Acquisition of property

§ 701. Acquisition of property.
(a) General rule.--
The commission may by purchase, gift, lease, eminent domain or otherwise acquire within this Commonwealth:
(1) Title to, or control of, lands, waters, buildings, oil, gas and minerals.
(2) Hunting or trapping rights, easements, rights-of-way or other interests in land and water which are suitable for:
(i) The protection, propagation and management of game or wildlife.
(ii) Public hunting or trapping and access thereto.
(iii) Administrative purposes.
(iv) Such other uses as are provided for in this title.
(b) Approval required.--
All acquisitions of lands shall be made with the approval of a majority of the members of the commission that are present and voting at a public meeting.
(c) Tax delinquent lands and waters.--
The commission may purchase tax delinquent lands, waters, oil, gas and minerals from the commissioners or treasurers of the various counties as provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 702 - Improvements to property

§ 702. Improvements to property.
The commission may purchase, construct, repair and maintain buildings and other improvements on lands acquired for its use and under its control as may be necessary for their proper utilization, maintenance, protection, development, administration, propagation of game or wildlife, experimental or research activities, or any other purpose incident to game or wildlife, hunting, furtaking or functions of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 704 - Certification of title or title insurance

§ 704. Certification of title or title insurance.
The title records for lands acquired by the commission shall first be carefully searched and examined by the commission. When the commission is satisfied that a valid title can be secured, the commission shall obtain a certificate of title from an attorney at law employed by the commission or title insurance from a title company authorized to do business within this Commonwealth insuring the title to the commission of the lands being acquired.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 705 - Price paid for acquisitions and improvements

§ 705. Price paid for acquisitions and improvements.
(a) Game lands.--
(1) Except as provided under paragraph (2), the commission may pay for lands to be used as game lands what it considers a fair and reasonable price not to exceed $400 per acre exclusive of Federal and other cost-sharing funds and consistent with the market value of land in the locality in which the game land is located.
(2) The commission may pay for lands to be used as game lands in a county of the second class what it considers a fair and reasonable price exclusive of Federal and other cost-sharing funds and consistent with the market value of land in the locality in which the game land is located.
(b) Game farms and other areas.--
The commission may pay for lands known as indentures or lands located within existing game lands or for lands to be used as rights-of-way to existing game lands or for lands to be used as State game farms what it considers a fair and reasonable price.
(c) Purchase of outstanding rights.--
The commission may pay what it considers a fair and reasonable price to purchase outstanding rights for timber, minerals, oil, gas or other purposes for lands which the commission owns or is about to acquire.
(d) Buildings and land.--
The commission may purchase or construct buildings for administration, management or other purposes and may purchase land on which to construct the buildings at a price the commission considers fair and reasonable consistent with the purpose of the buildings or land.
(Apr. 29, 2020, P.L.117, No.16, eff. 60 days)
2020 Amendment.
Act 16 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 708 - Payments in lieu of taxes

§ 708. Payments in lieu of taxes.
The commission shall make payments in lieu of taxes on all lands, waters or buildings to which title has been acquired in the name of or for the use of the commission, which payments shall be equal to the fixed charges as apply to and are imposed upon State forests pursuant to section 1 of the act of May 17, 1929 (P.L.1798, No.591), referred to as the Forest Reserves Municipal Financial Relief Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 709 - Cooperative agreements relating to land

§ 709. Cooperative agreements relating to land.
The commission may enter into cooperative agreements with government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating lands and waters for game or wildlife management, public hunting and furtaking and may expend moneys from the Game Fund for the cost of their acquisition, construction, operation and maintenance. The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 721 - Control of property

§ 721. Control of property.
(a) General rule.--
The administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations consistent with the purpose of this title for its use and protection as necessary to properly manage these lands or waters. The acquisition, use and management of such lands or waters owned, leased or otherwise controlled by the commission, including timber cutting and crop cultivation, shall not be subject to regulation by counties or municipalities.
(b) Penalty.--
A violation of regulations promulgated under subsection (a) is a summary offense of the fifth degree.
(Dec. 17, 1990, P.L.687, No.170, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 722 - Use of property

§ 722. Use of property.
(a) General rule.--
Except as provided in section 723 (relating to exchange or sale), all or any part of the lands and waters to which title has been acquired for the use of the commission or which have been leased may be used only to create and maintain public hunting and furtaking, game or wildlife propagation areas, farms or facilities for the propagation of game or wildlife, special preserves as provided for in this title or other uses incidental to hunting, furtaking and game or wildlife resource management.
(b) Permits, licenses and leases.--
Except as provided in subsection (c), the commission may issue permits and licenses and enter into leases for uses of its lands as it deems in the best interest of the commission at such charge as it deems reasonable. The commission shall not issue any permits or licenses and shall not enter into any lease which would permit the use of commission-owned or leased land for the disposal of any hazardous or toxic or radioactive waste of any nature.
(c) Limitation of mining.--
The commission shall not permit the mining of uranium or any other radioactive minerals from any of its lands.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 723 - Exchange or sale

§ 723. Exchange or sale.
The commission may, by resolution adopted by a majority of the members present and voting at a public meeting:
(1) Authorize the exchange of all or part, including improvements and appurtenances, of any lands, waters or buildings to which title has been acquired in return for lands, waters or buildings having an equal or greater value when the exchange is in the best interests of the commission.
(2) Exchange timber, minerals, oil or gas to which the commission holds title for suitable lands having an equal or greater value.
(3) Sell lands to the Department of Environmental Resources for State forests or to the Federal Government for National Forests or National Wildlife Refuges when in the best interests of game or wildlife.
Transfer of Powers.
Section 302(h) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section 723.
Cross References.
Section 723 is referred to in section 722 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 724 - Disposition of timber, minerals and other products

§ 724. Disposition of timber, minerals and other products.
The commission may dispose of, by lease, sale or otherwise, timber, buildings, other appurtenances, minerals, oil and gas, or rights therein, including natural gas storage, or any other product, on or under lands to which it has title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 725 - Rights-of-way, easements and licenses

§ 725. Rights-of-way, easements and licenses.
(a) General rule.--
On and across lands to which title has been acquired for its use, the director may, at such charge or fee as the commission may establish, grant:
(1) Rights-of-way or licenses for roads, for pipe, electric and other utility lines and for telephone, telegraph and television lines or any other rights-of-way or licenses not inconsistent with the purpose of these lands.
(2) Water rights or other rights to maintain airway signals or forest fire observation towers when these rights will not adversely affect the game or wildlife resource or the use of the game or wildlife resource.
(3) Rights to erect, construct, maintain and operate antennas, towers, stations, cables and other devices and apparatus helpful, necessary or required for radio broadcasting, telecasting, transmission, relaying or reception of television.
(4) Rights to the Department of Transportation to establish roadside rests and highway maintenance facilities under regulations of the commission.
(5) Rights to any Federal or State agency or political subdivision to construct, maintain and operate water impoundments or flowage for flood control or recreational use.
(b) Charges.--
The commission may charge for these grants remuneration and damages as it deems the conditions and circumstances warrant.
(c) Approval.--
The director may approve the granting, lease or exchange of any easement, right-of-way or license for use of commission property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 726 - Leases

§ 726. Leases.
Notwithstanding any other provision of law, the director, with the approval of the commission, may lease any land or interests in land over which the commission exercises title or control for a term not to exceed 25 years when the commission determines the lease will promote public hunting or furtaking or benefit the game or wildlife resource or will otherwise further the interests of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 727 - Proceeds from sales and grants

§ 727. Proceeds from sales and grants.
All proceeds from the sale of waters, timber, buildings, other appurtenances, oil, gas or minerals, leases of commission lands, waters or interests, rights from the production or sale of minerals, oil or gas or other products and from licenses or other rights granted by the commission shall be deposited in the Game Fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 728 - Propagation areas

§ 728. Propagation areas.
(a) General rule.--
The commission may set aside, in its discretion, areas as it may judge best for the protection and propagation of game or wildlife on any portion of lands under its control, either by title or lease, wherein game or wildlife shall not be hunted, pursued, disturbed, molested, killed or taken at any time except as authorized by the commission. The commission may promulgate regulations governing conduct on or within publicly or privately owned lands within this Commonwealth with the approval of the proper authorities or person or persons owning or controlling same.
(b) Penalty.--
A person hunting, taking, killing or disturbing game or wildlife in a propagation area established under subsection (a) or violating any regulation adopted pursuant to subsection (a) commits a summary offense of the fifth degree. A person entering a propagation area commits a summary offense of the seventh degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 729 - Public access projects

§ 729. Public access projects.
The commission may cooperate with private landowners and others who desire to aid in the conservation of game or wildlife by creating and maintaining public access projects. The hunting rights for these lands shall be made available to the commission by written agreement. The commission may authorize the director to execute agreements, and the commission shall promulgate such regulations to govern these projects as it deems necessary.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 730 - Controlled goose hunting areas

§ 730. Controlled goose hunting areas.
Applications are available in and must be submitted from the current edition of Digest of Pennsylvania Hunting and Trapping Regulations supplied with each hunting license. Applications shall contain requested information, including the applicant's current valid hunting license back tag number, including letter. However, any person who has been selected to reserve use of a Special Wildlife Management Area shall be required to obtain a Pennsylvania Migratory Game Bird Hunting License prior to the date of reservation. All other procedures shall be established by regulations promulgated by the commission.
(Apr. 4, 1996, P.L.55, No.19, eff. imd.; Dec. 20, 2000, P.L.783, No.111, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 7 - Property and Buildings › Section 741 - Commission actions for damage to buildings or property

§ 741. Commission actions for damage to buildings or property.
(a) Declaration of policy.--
By virtue of the continued expenditure of its funds and its efforts to provide as much land as possible for recreational activities which are consistent with the intent of this title, the commission has sufficient interest in the maintenance and care of any lands, buildings, appurtenances, waters and the flora and fauna, minerals, oil or gas thereon to promulgate regulations which are necessary to preserve and protect the users, improvements, lands and buildings under its control.
(b) General rule.--
The commission shall promulgate regulations to protect users, improvements, lands and buildings under its control. These regulations shall cover, but need not be limited to:
(1) Removal of any material.
(2) Damage of any kind.
(3) Any other regulations required to properly protect and preserve these lands for their intended use.
(c) Penalty.--
A violation of regulations promulgated under this section is a summary offense of the fifth degree.
(d) Recovery of damages.--
When any person causes damage to commission-controlled lands or buildings and a satisfactory settlement in the form of a donation to the Game Fund cannot be reached between the director's designee and the person responsible for the damages, the commission, as an agency of the Commonwealth authorized to protect and preserve lands under their control, may bring civil actions on behalf of the Commonwealth for the value of any damage done or materials of any kind removed from their lands or buildings. In addition, the commission is entitled to recover the costs of gathering the evidence, including testimony, in any civil action brought under this section where the defendant is found liable for damages.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 902 - Deputy Game Commission officers

§ 902. Deputy Game Commission officers.
Except for the powers conferred under section 901(a)(12.1), (17) and (18) (relating to powers and duties of enforcement officers), deputy Game Commission officers shall, unless further restricted by the director, exercise all the powers and perform all the duties conferred by this title on Game Commission officers, except deputy wildlife conservation officers shall not be authorized to issue citations or field acknowledgments of guilt for violations and shall provide the information to the wildlife conservation officer. Retired wildlife conservation officers, retired waterways conservation officers, State park rangers, State forest rangers or current or retired State or municipal police officers shall exercise all powers and duties conferred on deputy Game Commission officers, including the right to issue citations and field acknowledgments of guilt for violations.
(Dec. 17, 1990, P.L.724, No.180, eff. 60 days; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 21, 1998, P.L.1274, No.166, eff. imd.; June 28, 2002, P.L.474, No.79, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 903 - Delegation of enforcement powers

§ 903. Delegation of enforcement powers.
Any person elected or employed by the Commonwealth or by any municipality, whose duty it is to preserve the peace or to make arrests or to enforce the laws of this Commonwealth, may be designated and empowered by the director, with the approval of the commission, to enforce the provisions of this title under policies established by the director.
Cross References.
Section 903 is referred to in section 2314 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 904 - Resisting or interfering with an officer

§ 904. Resisting or interfering with an officer.
(a) General offense.--
When an officer is in the performance of any duty required by this title, it is unlawful for any person to interfere with or resist an arrest, inspection or investigation of the officer by threat, force, menace, flight or obstruction. A violation of this subsection is a summary offense of the first degree.
(b) Failure to produce identification upon demand.--
(1) A person who refuses to provide identification upon demand of an officer whose duty it is to enforce this title after having been told by the officer that the person is the subject of an official investigation or investigative detention, supported by reasonable suspicion, commits a summary offense of the fifth degree.
(2) A person who provides false identification to an officer whose duty it is to enforce this title for the purpose of avoiding prosecution or hindering apprehension or obstructing an investigation commits a summary offense of the second degree.
(June 23, 2004, P.L.434, No.42, eff. 60 days; Oct. 7, 2010, P.L.474, No.64, eff. 60 days)
2010 Amendment.
Act 64 amended subsec. (b)(1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 905 - Assaulting an officer (Repealed)

§ 905. Assaulting an officer (Repealed).
2010 Repeal.
Section 905 was repealed July 9, 2010, P.L.387, No.54, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 905.1 - Assaulting an officer

§ 905.1. Assaulting an officer.
A violation of 18 Pa.C.S. § 2702 (relating to aggravated assault), that involves a person listed under 18 Pa.C.S. §§ 2702(c)(37), and 2702.1 (relating to assault of law enforcement officer) is an offense under this title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall apply.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 added section 905.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 907 - Vehicle operation to avoid identification or inspection

§ 907. Vehicle operation to avoid identification or inspection.
A person who operates a motor vehicle, or craft of any kind, without lights, or turns off any lights, or fails or refuses to stop, for the purpose of avoiding identification or inspection of its attachments, its contents or its passengers, anywhere within this Commonwealth, upon request or signal of any officer using a flashing or rotating red light or lights or an audible warning device or both or upon request or hand signal of any officer when the officer is in uniform and displays a badge or any other sign of official identification, commits a summary offense of the fourth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 908 - Reciprocal enforcement on Delaware River

§ 908. Reciprocal enforcement on Delaware River.
So long as the State of New York or the State of New Jersey, as the case may be, has in effect a statutory provision analogous to this section, any person who is authorized to enforce this title or an officer of a reciprocating state may enforce this title on any part of the Delaware River between those states or on the shores of that river.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 922 - Rights and liabilities of minors

§ 922. Rights and liabilities of minors.
A person under 17 years of age who is charged with a violation of any provisions of this title or regulations promulgated thereunder shall be subject to the provisions of 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 923 - Possession prima facie evidence of violation

§ 923. Possession prima facie evidence of violation.
In all cases of violation of any provision of this title, the possession of game or wildlife or parts thereof or the possession or operation of equipment or other devices unlawfully used or prohibited under this title shall be prima facie evidence of the violation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 924 - Liability for actions of others

§ 924. Liability for actions of others.
(a) General rule.--
A person who causes an unlawful act to be done by another person which, if directly performed by the person causing the unlawful act would be in violation of this title, is punishable as a principal.
(b) Exclusion.--
A landowner who allows or grants permission to a person to take game or wildlife on the landowner's property shall not be liable under this section for an unlawful act committed by that person unless the landowner willfully aids, abets, assists, attempts or conspires in the commission of the unlawful act.
(Nov. 1, 2013, P.L.674, No.83, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 926 - Acknowledgment of guilt and receipt for payment

§ 926. Acknowledgment of guilt and receipt for payment.
(a) General rule.--
Except as provided in subsection (d), a person charged with violating any provision of this title which is a summary offense may sign within ten days of the commission of the offense an acknowledgment of the offense committed and pay to an officer of the commission the penalty in full, as fixed by this title, plus any costs of prosecution which may have accrued. The printed receipt for this payment shall only prove full satisfaction of the monetary fine for the offense committed and in no way shall limit the commission from further revoking hunting and furtaking privileges.
(b) Notice of right to hearing.--
Each acknowledgment of guilt shall have printed on it a notice stating that the person has the right to a hearing in a judicial proceeding. At the same time that the printed acknowledgment of guilt is being completed, the officer of the commission shall give a verbal warning concerning the right of the person to a hearing in a judicial proceeding.
(c) Stopping payment of check.--
A person who makes payment to the commission by personal check for an acknowledgment pursuant to this title and who stops payment on the check or issues a nonnegotiable check or instrument commits a summary offense of the seventh degree. The official receipt for payment of the penalty, issued by an officer, shall become void, and the prosecution of the person or persons named on the receipt shall be allowed to continue.
(d) Limitations of acknowledgments of guilt.--
On and after June 30, 1999, acknowledgments of guilt pursuant to this section shall be used only in such counties as the commission may designate by regulation for such use. The commission shall only designate such counties for continued use of field acknowledgment as it finds to have summary offense procedures that differ from Statewide summary offense procedures.
(Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999)
1998 Amendment.
Act 166 amended subsec. (a) and added subsec. (d).
Cross References.
Section 926 is referred to in section 931 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 927 - Disposition of fines and penalties

§ 927. Disposition of fines and penalties.
(a) General rule.--
Fines recovered in all cases shall be deposited in the Game Fund in accordance with regulations promulgated by the commission.
(b) Penalty.--
A person failing to forward fines in accordance with this section commits a misdemeanor.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 928 - Disposition of seized property

§ 928. Disposition of seized property.
All guns, traps, dogs, boats, vehicles or conveyances, or any device, implement or appliance, and other shooting, hunting, trapping or furtaking paraphernalia seized under this title, where the owner thereof escapes arrest and refuses to present himself and make claim to the property, shall be held for a period of not less than 30 days, after which time the property shall be forwarded to the commission and shall be disposed of at the discretion of the director. The moneys arising from the sale shall be applied to any costs of prosecution accrued and the remainder forfeited to the commission and deposited in the Game Fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 929 - Revocation, suspension or denial of license, permit or registration

§ 929. Revocation, suspension or denial of license, permit or registration.
(a) General rule.--
Except as otherwise provided in this title, any hunting or furtaking license, special license or permit or registration granted under the authority of this title may be denied, revoked or suspended by the commission when the holder of the license, permit or registration is convicted of an offense under this title or has acted contrary to the intent of the registration or permit, with each offense constituting a separate violation subject to separate revocation. The commission may refuse to grant to that person any permit or registration and may deny any privilege granted by these documents for a period not exceeding five years unless otherwise provided in this title.
(a.1) Remedial hunter education course.--
A person whose privilege to hunt with or without a license anywhere in this Commonwealth is revoked or suspended under a provision of this title requiring mandatory revocation or suspension shall, in order to obtain restoration, present evidence of the successful completion of a remedial hunter education course as provided by the director and approved by the commission prior to obtaining a license. This course may be taken no earlier than three months prior to the end of the period of revocation. The commission shall promulgate regulations establishing the curriculum, administration and any associated fees of such a remedial course, which fees shall bear a reasonable relationship to the costs of providing the course and the course materials.
(a.2) Vision examination and drug and alcohol education program.--
A person whose privilege to hunt with or without a license anywhere in this Commonwealth is revoked or suspended under section 2522(c) (relating to shooting at or causing injury to human beings), in order to obtain restoration, shall present evidence of having taken a vision examination under section 2522(c) and, if required by the commission, present evidence of having successfully completed an alcohol and drug education program under section 2522(h).
(b) Regulations.--
The commission may promulgate regulations specifying the procedures to be followed in denying, revoking or suspending any hunting and furtaking privileges, licenses, permits and registrations granted under the provisions of this title.
(Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 20, 2000, P.L.783, No.111, eff. July 1, 2001; Dec. 30, 2003, P.L.436, No.63, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)
2010 Amendment.
Act 54 amended subsecs. (a) and (b). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 930 - Suspension of privileges pending payment of penalties

§ 930. Suspension of privileges pending payment of penalties.
(a) General rule.--
Notwithstanding subsection (b), all privileges granted by this title shall automatically be suspended if a defendant fails to respond to a citation or summons within 60 days or fails to pay all penalties in full within 180 days following conviction.
(b) Payment plan.--
If a defendant is enrolled in a payment plan to repay penalties mandated by a court of competent jurisdiction and the defendant is making regular payments in accordance with the court's mandate, the privileges of this title may not be suspended.
(Feb. 15, 2018, P.L.6, No.3, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 931 - Disposition of nonresident offenders

§ 931. Disposition of nonresident offenders.
Subject to any inconsistent regulations or rules prescribed pursuant to 42 Pa.C.S. § 3502 (relating to financial regulations):
(1) Except as otherwise provided in paragraph (2), upon the apprehension of a nonresident of this Commonwealth for any violation of this title that is a summary offense, the officer whose duty it is to enforce this title shall issue a citation as provided by the Pennsylvania Rules of Criminal Procedure unless the nonresident offender elects to proceed under section 926 (relating to acknowledgment of guilt and receipt for payment).
(2) An officer whose duty it is to enforce this title shall be authorized to arrest a nonresident for a summary offense violation of this title and escort him to the appropriate issuing authority for a hearing, posting of bond or payment of the applicable fine and costs only when one or more of the following circumstances exist:
(i) The nonresident offender refuses to accept a citation from the officer.
(ii) The nonresident offender fails to provide positive identification showing his mailing address.
(iii) The officer has reasonable grounds to believe the nonresident offender is a repeat offender under this title.
(iv) The officer has reasonable grounds to believe the nonresident offender is hunting while his hunting privileges are suspended or furtaking while his furtaking privileges are suspended.
(v) The officer has reasonable grounds to believe the nonresident offender has failed to respond to a citation issued under this title or to pay assessed fines or penalties for a prior offense under this title.
(vi) The officer has reasonable grounds to believe the nonresident offender may pose a threat of harm to another person or property or to himself or herself.
(vii) The officer has reasonable grounds to believe the nonresident offender will not appear as required if issued a citation.
The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer.
(3) The amount of fine and costs to be mailed to the issuing authority under paragraph (2) may be paid in cash, personal or other check, credit card or guaranteed arrest bond.
(4) The officer shall give the nonresident offender a receipt for payment, a copy of which shall be mailed with the payment and a copy retained by the officer.
(Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 9 - Enforcement › Section 932 - Determination of second or subsequent offenses

§ 932. Determination of second or subsequent offenses.
Any person convicted or pleading guilty or signing an acknowledgment of guilt under any provisions of this title who, within the past seven years, was convicted or pleaded guilty or signed an acknowledgment of guilt for violating any of the provisions of this title or the former laws relating to game or wildlife then in force shall be sentenced under this title as a second or subsequent offender. Any acceptance of Accelerated Rehabilitative Disposition within the past seven years of the present violation shall be considered for the purposes of determining a second or subsequent offense.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2101 - Administration of title

§ 2101. Administration of title.
The commission shall have the authority to administer and enforce this title and all laws of this Commonwealth relating to the encouragement, promotion and development of game or wildlife conservation interests and the protection, propagation, distribution and control over game or wildlife.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2103 - Applicability of Federal laws

§ 2103. Applicability of Federal laws.
(a) General rule.--
The provisions of the Federal Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.) or Federal Duck Stamp Act (16 U.S.C. § 718 et seq.) are hereby made a part of this title. Federal regulations shall not apply if commission regulations or other provisions of this title prescribe stronger or more detailed restrictions for the taking of migratory birds, nongame birds or game or wildlife.
(b) Penalty.--
Any violation of the regulations which the commission is authorized to promulgate pursuant to these Federal laws and which is not otherwise specifically covered in this title is a summary offense of the fifth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2121 - Killing game or wildlife to protect property

§ 2121. Killing game or wildlife to protect property.
(a) General rule.--
Subject to any limitations in this subchapter, nothing in this title shall be construed to prohibit any person from killing any game or wildlife:
(1) which the person may witness actually engaged in the material destruction of cultivated crops, fruit trees, vegetables, livestock, poultry or beehives;
(2) anywhere on the property under the person's control, including detached lands being cultivated for the same or similar purposes, immediately following such destruction; or
(3) where the presence of the game or wildlife on any cultivated lands or fruit orchards is just cause for reasonable apprehension of additional imminent destruction.
Lands divided by a public highway shall not be construed as detached lands. Any person who wounds any game or wildlife shall immediately make a reasonable effort to find and kill the game or wildlife. Every person shall comply with all other regulations in this subchapter pertaining to the method and manner of killing, reporting the killing and the disposition of game or wildlife and their skins and carcasses.
(b) Protected game or wildlife.--
Before any game or wildlife, which may be designated by regulation of the commission, or any bird or animal classified as threatened or endangered may be killed, every reasonable effort shall be made to live trap and transfer such game or wildlife. The trapping and transfer shall be done in cooperation with a representative of the commission.
(c) Definition.--
As used in this subchapter, the word "person" shall be limited to any person cultivating, as a primary means of gaining a livelihood, any lands for general or specialized crop purposes, truck farming or fruit orchard or nursery being regularly maintained, as either the owner, lessee or a member of the family of the owner or lessee assisting with the cultivation of the land, or a domiciled member of the household of the owner or lessee or an employee of the owner or lessee, regularly and continuously assisting in the cultivation of the land or other person as authorized by commission permit.
(July 3, 2007, P.L.79, No.26, eff. 60 days)
2007 Amendment.
Act 26 amended subsec. (c). Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2.
Cross References.
Section 2121 is referred to in sections 2124, 2503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2122 - Report to commission officer

§ 2122. Report to commission officer.
Any person who kills any game or wildlife, other than raccoons, under the provisions of this subchapter shall, within 24 hours, report, orally or in writing, the killing to an officer of the commission. The report shall set forth the date, time and place of the killing, the number of species killed and the sex of the species.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2123 - Safekeeping edible carcass pending disposition

§ 2123. Safekeeping edible carcass pending disposition.
Unless otherwise directed by an officer of the commission, the entire carcass intact, less entrails, of each edible bird or animal killed under the provisions of this subchapter shall be held in a place of safekeeping pending final disposition pursuant to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2124 - Retention of edible carcass for food

§ 2124. Retention of edible carcass for food.
(a) General rule.--
Except as otherwise provided in subsection (b), the carcass of one deer, bear or elk killed under the provisions of section 2121 (relating to killing game or wildlife to protect property) may be retained for food. All portions of the carcass generally considered edible shall be consumed only within the household of a person having authority to kill and possess the game or wildlife. No additional animals may be retained for food until the entire carcass of the animal previously retained has been entirely consumed. The head and hide of each deer, bear or elk killed and retained for food shall be properly salted, placed in safekeeping and turned over to a commission officer.
(b) Exceptions.--
No carcass, or any part or parts thereof, of any deer, bear or elk shall be retained for food, by any person, if the animal was killed upon:
(1) Land located within a game or wildlife deterrent fence provided by the commission.
(2) Land, or any part thereof, on which access for hunting purposes is denied at any time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2125 - Surrender of carcass to commission officer

§ 2125. Surrender of carcass to commission officer.
Except as otherwise provided in this subchapter, the entire carcass, including the head and hide, of all big game animals and the entire carcass of any other game or wildlife, other than raccoons, shall be made available, unless otherwise directed by an officer of the commission, intact, less entrails, to any commission officer calling for them.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2126 - Unlawful activities

§ 2126. Unlawful activities.
(a) General rule.--
It is unlawful for any person while acting under the provisions of this subchapter to:
(1) Place any salt, bait or food of any kind or quantity or use any artificial means for the purpose of attracting or luring any game or wildlife upon any lands.
(2) Use any method not approved by the commission except that traps may be used to take furbearers and groundhogs.
(3) Use any firearm except a center fire propelling a single all-lead, lead alloy or expanding bullet or ball to kill or attempt to kill any big game animal.
(4) Fail or neglect to report the killing of any game or wildlife other than raccoons.
(5) Fail or neglect to care for the carcass, or any part thereof, of any game or wildlife other than raccoons.
(6) Refuse to answer, without evasion, upon request of any representative of the commission, any pertinent question pertaining to the killing or wounding of any game or wildlife killed or wounded, or the disposition of the entire carcass or any part thereof.
(7) Fail to produce satisfactory evidence that material damage was done within the preceding 15 days and that there was just cause for reasonable apprehension of additional imminent destruction.
(8) Fail to relinquish to any officer the entire carcass, less the entrails, of any game or wildlife, other than raccoons, killed to which the person killing the game or wildlife is not legally entitled thereto.
(9) Fail to comply with any other provision of this subchapter.
(b) Penalties.--
(1) A violation of this subchapter pertaining to big game animals is a summary offense of the fourth degree.
(2) A violation of this subchapter pertaining to any other game or wildlife, other than raccoons, is a summary offense of the seventh degree.
(3) Each bird or animal involved in a violation constitutes a separate offense.