§2309. Unlawful removal of game or wildlife from place of refuge.

(a) General rule.--It is unlawful for any person to cut any dead or living tree, use smoke or any other method to take any game or wildlife or dig any game or wildlife out of its place of refuge or den.

(b) Woodchuck in cultivated fields.--Woodchucks may be dug out of their dens in cultivated fields by any person who, if not the owner, lessee or occupant or members of their families or hired help thereof, shall first secure permission of the person in charge of the property and, immediately after the removal of the woodchuck, replace the earth and level off the area dug out.

(c) Penalty.--A violation of this section is a summary offense of the fifth degree. Each violation constitutes a separate offense.