2161 - Commonwealth actions for damage to game or wildlife.

                               SUBCHAPTER D                      PROTECTION OF GAME OR WILDLIFE     Sec.     2161.  Commonwealth actions for damage to game or wildlife.     2162.  Disturbance of game or wildlife.     2163.  Unlawful importation of game or wildlife.     2164.  Unlawful taking and possession of protected birds.     2165.  Possession or interference with active nests or eggs of            birds.     2166.  Unlawful sale of protected birds and plumage.     2167.  Endangered or threatened species.     § 2161.  Commonwealth actions for damage to game or wildlife.        (a)  Declaration of policy.--The Commonwealth has sufficient     interest in game or wildlife living in a free state to give it     standing, through its authorized agents, to recover compensatory     and punitive damages in a civil action against any person who     kills any game or wildlife or who damages any game or wildlife     habitat. The proprietary ownership, jurisdiction and control of     game or wildlife living free in nature is vested in the     Commonwealth by virtue of the continued expenditure of its funds     and its efforts to protect, propagate, manage and preserve the     game or wildlife population as a renewable natural resource of     this Commonwealth.        (b)  General rule.--The commission, as the agency of the     Commonwealth authorized to regulate, protect, propagate, manage     and preserve game or wildlife, may, in addition to the penalties     provided in this title, bring civil actions on behalf of the     Commonwealth for compensatory and punitive damages for any game     or wildlife killed or any game or wildlife habitat injured or     destroyed. In determining the value of game or wildlife killed     or habitat injured or destroyed, the commission may consider all     factors that give value to the game or wildlife or habitat.     These factors may include, but need not be limited to, the     commercial resale value, the replacement costs or the     recreational value of observing, hunting or furtaking. In     addition, the commission may recover the costs of gathering the     evidence, including expert testimony, in any civil action     brought under this section where the defendant is found liable     for damages.        (c)  Concurrent authority.--The commission shall have     concurrent authority to enforce the act of November 26, 1978     (P.L.1375, No.325), known as the Dam Safety and Encroachments     Act, and the regulations thereto, with respect to encroachments     and water obstructions only if a violation would, in the opinion     of the commission, negatively impact upon a swamp, marsh or     wetland. Notwithstanding the provisions of section 26, in the     event the commission shall bring a civil action suit pursuant to     section 21 or a criminal proceeding pursuant to section 22 of     the Dam Safety and Encroachments Act, any moneys recovered by     the commission shall be deposited in the Game Fund instead of     the Dams and Encroachments Fund.        (d)  Exemptions.--Nothing in this section shall be construed     to include normal or accepted practices which have been     conducted within guidelines set forth by the State or Federal     agency having jurisdiction over such actions or any activities     arising from lawful activity by other land uses, including     farming, mining, oil and gas drilling, habitat management     practices, forestry practices, recreation or real estate     development.