2361 - Unlawful acts concerning taking of furbearers.

                               SUBCHAPTER D                          FURTAKING REGULATIONS     Sec.     2361.  Unlawful acts concerning taking of furbearers.     2362.  Permitted acts.     2363.  Trapping exception for certain persons.     2364.  Penalties.     § 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)        1992 Amendment.  Act 45 amended subsec. (a)(12).        Cross References.  Section 2361 is referred to in section 325     of this title.