Pennsylvania Consolidated Statutes

GAME -- TITLE 34

CHAPTER 23. HUNTING AND FURTAKING

SUBCHAPTER B. HUNTING BIG GAME.

§ 2321. Unlawful killing or taking of big game.

(a) General rule.-Except as provided in this title or by regulation of the commission, it is unlawful for any person to:

1. Kill or take or attempt or conspire to kill or take in any manner more than the lawful number of big game animals which may be taken in any license year.
2. Possess or transport in any manner any big game which was unlawfully killed or taken.
3. Assist, aid or abet or conspire to assist, aid or abet in any manner any other person in the violation of paragraph (1) or (2).

(b) Exception.-This section shall not be construed to prohibit the transportation of one or more big game animals which are lawfully killed or properly tagged.

(c) Evidence of unlawful killing.-Unless the head is attached in a natural manner, the possession, transportation or control of any big game or a part or parts of such big game shall be prima facie evidence that the big game was unlawfully killed within this Commonwealth. Under such circumstances, the person possessing, transporting or controlling the big game shall immediately, upon demand of an officer of the commission, produce the head or the name and address of the person killing the big game or other satisfactory evidence that the carcass in possession or under the person's control is part of a lawfully taken big game.

(d) Penalty.-

1. A violation of this section relating to bear or elk is a summary offense of the first degree.
2. A violation of this section relating to deer is a summary offense of the second degree.
3. A violation of this section relating to wild turkey is a summary offense of the fourth degree.
4. Each bird or animal or part thereof involved in a violation constitutes a separate offense.

§ 2322. Prohibited devices and methods.

(a) General rule.-Except as otherwise provided in this title or commission regulation, no person shall hunt, kill or take or attempt, aid, abet, assist or conspire to hunt, kill or take any big game, except wild turkey, with any of the following devices or methods:

1. Any device other than a centerfire or muzzle-loading firearm or bow and arrow.
2. Any automatic or semiautomatic firearm, except that any semiautomatic firearm modified to permit one shell in the chamber and no more than four shells in a magazine may be used by a person who suffered an amputation or lost the total use of one or both hands.
3. Any firearm propelling more than one projectile per discharge.
4. Any projectile which is not all lead or which is not designed to expand on contact.
5. When any big game is swimming.
6. By any other method or device which is not specifically authorized or permitted by this title or commission regulation.

(b) Penalty.-A violation of this section is a summary offense of the fifth degree.

(c) Contraband.-Any big game killed contrary to this section is contraband.

§ 2323. Tagging and reporting big game kills.

(a) Tags issued with licenses.-

1. Each licensed person who kills any big game shall, immediately after the killing and before removing the big game from the location of the killing, fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game. The attached game kill tag shall remain on the big game until such time as the big game is processed for consumption or prepared for mounting.
2. In any year in which the commission establishes check stations, each person shall, within 24 hours after killing any big game, present the big game for examination and tagging.
3. Within ten days of the kill, the person shall fill in completely the report card supplied with the hunting license for reporting big game killed and shall mail the report card to the commission at Harrisburg.

(b) Killings by persons without license.-Any person not required to secure a license who lawfully kills any big game shall make and attach a tag to the big game which contains in English the person's name, address, date, township, if known, and county where the big game was killed. Within five days following the kill, the person shall mail, to the headquarters of the commission at Harrisburg, a statement setting forth the information required on the tag and the sex of the big game.

(c) Licenses issued without tags.-Any person who is issued a license without the required tags or accompanying report cards and who kills any big game shall comply with the provisions of subsection (b) and shall also place the license number and letter on the tag and postcard report.

(d) Existing tags invalidated by replacement license.-The issuance of any replacement license shall automatically invalidate any remaining game kill tags issued with the lost license, and the only valid game kill tags shall be those issued with the replacement license last procured. It is unlawful to use any game kill tag invalidated by this subsection to tag any big game.

(e) Duplicated tags unlawful.-It is unlawful to prepare and use any duplicated game kill tag or to use any game kill tag to mark a second big game animal or to remove any tag from any big game contrary to the provisions of this title.

(f) Possession of tags after killing legal limit.-It is unlawful for any person, after killing the legal limit of big game, to be in possession of a big game kill tag while in the fields, forests or on the waters or highways within or bordering this Commonwealth.

(g) Penalty.-

1. Except as provided in paragraph (2), a violation of this section is a summary offense of the fifth degree.
2. A violation of subsection (a)(3) is a summary offense of the eighth degree.

(h) Contraband.-Any big game or any other game or wildlife found in possession of any person contrary to this section is contraband.

§ 2324. Roster of parties hunting big game.

(a) Power of commission.-The commission may establish roster requirements and limitations applicable to groups or parties of persons hunting together or in unison or in any other manner cooperating with others while hunting for big game.

(b) Inspection of roster.-Each roster shall be open to inspection at any time by any officer of the commission and shall be produced in the field upon demand of any commission officer.

(c) Penalty.-A violation of this section is a summary offense of the seventh degree.

§ 2325. Cooperation after lawfully killing big game.

(a) General rule.-Except as provided in section 2301(b) (relating to lawful cooperation or assistance) and subsection (a.1), it is unlawful for any person who has lawfully killed any big game to hunt for or cooperate with any other person hunting for big game of the same species while carrying a loaded firearm of any kind, a bow and nocked arrow or any other device capable of killing any big game.

(a.1) Exception.-Nothing in this section shall prohibit any person from carrying a loaded handgun in the field provided that person is in compliance with 18 Pa.C.S. § 6109 (relating to licenses).

(b) Penalty.-A violation of this section is a summary offense of the fourth degree.

§ 2326. Excess kill of big game.

[to be inserted.]

§ 2327. Subsequent kill if big game unfit for human consumption.

[to be inserted.]

§ 2328. Shipping or transportating big game.

[to be inserted.]

§ 2329. Additional penalty for poaching.

[to be inserted.]

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