§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)

Notation

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.