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Killing game or wildlife to protect property - 34 Pa. Cons. Stat. § 2121

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                               SUBCHAPTER B
                 DESTRUCTION FOR AGRICULTURAL PROTECTION

     Sec.
     2121.  Killing game or wildlife to protect property.
     2122.  Report to commission officer.
     2123.  Safekeeping edible carcass pending disposition.
     2124.  Retention of edible carcass for food.
     2125.  Surrender of carcass to commission officer.
     2126.  Unlawful activities.
     § 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.

Last modified: November 27, 2007