§ 131.4. Civil liability for wildlife killed.

 (a)  If a voluntary settlement cannot be reached, the Director or an officer designated by the Director may bring a civil action in the name of the Commission against a person killing or unlawfully in possession of wildlife, or part thereof, and may seek to recover an amount not less than the penalties prescribed in section 2307(e) of the act (relating to unlawful taking or possession of game or wildlife).

 (b)  A verdict or judgment recovered by the Commission in the action may not be for less than the sum fixed in subsection (a). The action for damages may be joined with an action for possession. Recovery may be for possession as well as damage.

 (c)  The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other; nor does either affect the right of seizure under other provisions of laws relating to game and wildlife.

 (d)  Funds recovered under this section shall be placed in the Game Fund.

Authority

   The provisions of this §  131.4 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2307(e).

Source

   The provisions of this §  131.4 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791. Immediately preceding text appears at serial pages (267197) to (267198).

Notes of Decisions

   License Revocation Proper

   The petitioner testified that he read both the Pennsylvania and Federal regulations on a regular basis; therefore, petitioner had four opportunities to read the Federal regulations and thereby realize that the seven duck bonus had been eliminated. Therefore, petitioner’s arguments that the regulations were vague or confusing was rejected and petitioner’s hunting license was properly revoked for one year. Marich Jr. v. Game Commission, 676 A.2d 1325 (Pa. Cmwlth. 1996).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.