2312 - Buying and selling game.

     § 2312.  Buying and selling game.        (a)  General rule.--Unless otherwise provided, it is unlawful     for any person to buy, sell or barter, or aid, abet, assist or     conspire to buy, sell or barter, or offer for sale or barter, or     have in possession or transport for sale or barter, any game or     the edible parts of game or any protected bird or animal or     parts of any protected bird or animal.        (b)  Imported game.--It is unlawful for any person to sell or     barter, or offer for sale or barter, any game or wildlife     protected by this title imported, either dead or alive, from     another state or nation unless there is attached to the carton     containing the game or wildlife or to the individual carcasses a     tag identifying the game or wildlife in English and giving the     state or nation from which originally shipped.        (c)  Exception.--            (1)  Nothing in this section shall be construed to        prevent:                (i)  The purchase or sale of game raised under the            authority of a propagating permit in this Commonwealth.                (ii)  The capture and sale of game or wildlife after            securing a permit from the director and payment of any            fees established by the commission.                (iii)  The sale of the tanned, cured or mounted heads            or skins, or parts thereof, of any game or wildlife not            killed in a wild state in this Commonwealth.                (iv)  The sale or purchase of any inedible part            thereof, from game or wildlife lawfully killed, if such            parts are disposed of by the original owner within 90            days after the close of the season in which the game or            wildlife was taken.                (v)  The sale of mounted specimens by any auctioneer            licensed by the Commonwealth. The commission shall            require no permit for such action. Any licensed            auctioneer who sells ten or more mounted specimens during            any one sale at a registered auction house must report            those sales to the commission within 15 days of the            completion of the sale.            (2)  The commission may by regulation authorize the        buying and selling of inedible parts of game and wildlife as        it deems appropriate.            (3)  This subsection shall not be construed to permit any        individual or agency other than the commission to sell the        skins or parts of game or wildlife killed as a protection to        crops, or accidentally killed upon the highways, or seized as        contraband.        (d)  Penalty.--A violation of this section relating to:            (1)  Threatened or endangered species shall be graded as        follows:                (i)  A first offense is a misdemeanor of the second            degree and may result in forfeiture of the privilege to            hunt or take game or wildlife anywhere within this            Commonwealth for a period of seven years.                (ii)  A second offense within a seven-year period or            during the same criminal episode is a misdemeanor of the            first degree and may result in forfeiture of the            privilege to hunt or take game or wildlife anywhere            within this Commonwealth for a period of ten years.                (iii)  A third or subsequent violation of this            section within a seven-year period or during the same            criminal episode is a felony of the third degree and may            result in forfeiture of the privilege to hunt or take            wildlife anywhere within this Commonwealth for a period            of 15 years.            (2)  Big game animals shall be graded as follows:                (i)  A first offense or a second offense during the            same criminal episode is a misdemeanor and may result in            forfeiture of the privilege to hunt or take game or            wildlife anywhere within this Commonwealth for a period            of five years.                (ii)  A second offense within a seven-year period or            a third or fourth offense during the same criminal            episode is a misdemeanor of the first degree and may            result in the forfeiture of the privilege to hunt or take            game or wildlife anywhere within this Commonwealth for a            period of ten years.                (iii)  A fifth or subsequent offense during the same            criminal episode or third offense within a seven-year            period is a felony of the third degree and may result in            forfeiture of the privilege to hunt or take game or            wildlife anywhere within this Commonwealth for a period            of 15 years.            (3)  The selling and buying of venison up to 20 pounds        and the buying and selling of other game or wildlife is a        summary offense of the first degree and may result in the        forfeiture of the privilege to hunt or take game or wildlife        anywhere within this Commonwealth for a period of three        years.     (Dec. 21, 1998, P.L.1274, No.166, eff. 60 days; July 9, 2008,     P.L.920, No.65, eff. imd.; July 9, 2010, P.L.387, No.54, eff. 60     days)        2010 Amendment.  Act 54 amended subsecs. (a) and (d). See     section 6 of Act 54 in the appendix to this title for special     provisions relating to public notice.        2008 Amendment.  Act 65 amended subsec. (c)(1).