§2361. Unlawful acts concerning taking of furbearers.

(a) General prohibitions.--Except as otherwise provided in this title, it is unlawful for any person to:

(1) Take, kill, wound, capture or have in possession, or attempt, aid, abet, assist or conspire to take, kill, wound or capture, any furbearers except during the open furtaking season and in such numbers or by such methods as fixed by the commission or this title.

(2) Have in possession the green pelt, or any part thereof, of any furbearers taken except during the open season and for ten days thereafter without first securing a permit from an officer of the commission.

(3) Stake out or set traps for furbearers prior to the date and hour fixed as the open season for taking such animals.

(4) Stake out, set or tend, or attempt to stake out, set or tend, traps of any kind in an attempt to take, kill or capture any furbearers without first securing, possessing and displaying any licenses or permits required by this title.

(5) Buy or sell, or offer to buy or sell, or export from this Commonwealth any furbearer, or any part thereof, which has been unlawfully taken, possessed, killed, transported, imported, exported or improperly tagged regardless of where the furbearer was taken.

(6) Possess live furbearers taken from the wild without securing a permit from an officer of the commission.

(7) Set traps closer than five feet from any hole or den except in the case of an underwater set.

(8) Use a pole trap, deadfall, poison, explosive, chemical, leg-hold trap with teeth on the jaws or with a jaw spread exceeding six and one-half inches or any device prohibited by regulation of the commission.

(9) Smoke out or dig out any den or house of any kind or cut den trees.

(10) Use any trap of any kind unless visited and all animals and birds released or removed at least once every 36 hours.

(11) Use or set a body-gripping trap of any description outside any established watercourse, waterway, marsh, pond or dam.

(12) Set a trap of any description unless each device is marked with a durable identification tag attached to the trap or trap chain which, at the option of the trapper, must legibly set forth in English the first name, last name and legal home address of the person setting or tending the trap or must bear a number issued by the commission. All information under this paragraph shall be subject to the provisions of section 325 (relating to limitation on disclosure of certain records).

(13) Bait a trap with meat or animal products if the bait is visible from the air.

(14) Let traps set after the close of the furtaking season.

(15) Except as provided in subsection (b), disturb the traps of another person.

(16) Remove any wildlife from the trap of another person without specific permission to do so.

(17) Set or place a cage or box trap in the water.

(18) Use any cage or box trap not approved by the commission.

(19) Destroy or disturb or interfere with the dams or houses of beavers without the specific permission of a commission officer.

(b) Permissible disturbance of certain traps.--When traps are set on private property without the permission of the landowner, lessees or their employees, the owner, lessees or their employees may remove the traps and notify an officer of the commission within 48 hours. All traps removed shall be turned over to a commission officer. The officer shall notify the trapper within ten days to claim the traps. If the traps are not claimed within 30 days following notification or the trapper cannot be located, the traps shall be forfeited to the commission.

(May 28, 1992, P.L.262, No.45, eff. July 1, 1992)

Notation

1992 Amendment.  Act 45 amended subsec. (a)(12).

Cross References.  Section 2361 is referred to in section 325 of this title.