Regulations

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(a) General rule.--The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.

(b) Seasons, possession, bag limits and devices.--

(1) The commission shall promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.

(2) If in any year the commission fails to establish seasons or bag limits or fails to establish other hunting or furtaking regulations under authority of this title, the open seasons and bag limits for game or furbearers, Sundays excepted, unless otherwise provided by this title, and all other hunting or furtaking regulations adopted under authority of this title, shall be the same as set by regulation of the commission for the previous license year, and all seasons shall open and close one calendar day earlier than the previous license year. In the event the commission fails to establish seasons and bag limits for a license year beginning in a leap year, the seasons shall open and close two calendar days earlier than the previous license year.

(c) Transportation, sale and disturbance of game or wildlife.--The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.

(d) Traps, firearms, ammunition and other devices.--The commission shall promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.

(e) Penalties.--

(1) Unless otherwise specifically provided, any person convicted or pleading guilty to or pleading nolo contendere to any violation of any regulation promulgated under this title where any game or wildlife is unlawfully possessed, killed or taken or any attempt is made to unlawfully kill, take or possess any game or wildlife shall be subject to the penalties imposed under section 2307(d) (relating to unlawful taking or possession of game or wildlife).

(2) Unless otherwise specifically provided, any other violation of any regulation of the commission is a summary offense of the fifth degree.

Cross References. Section 2102 is referred to in section 322 of this title.


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