30 Pa.C.S. Ch. 25

in effect

30 Pa.C.S. § 2501 Misuse of property and waters.

(a) General rule.--It is unlawful for any person to commit any of the following acts in or along any waters or lands adjacent to or contiguous to waters within or bordering on this Commonwealth: (1) Park or leave standing any motor vehicle or other means of conveyance in such a manner as to obstruct the owner or his lessee ingress, egress or regress to his property or cattleways without the permission of the owner or lessee of the land. (2) Drive a motor vehicle, all terrain vehicle or other type of conveyance on or over any lands or waters, including frozen waters, without the permission of the owner or lessee of the land. (3) Start, build, tend or abandon any open fire without the permission of the owner or lessee of the land. (4) Dig, cut or disturb in any manner lands, shrubs, trees or other vegetation without the permission of the owner or lessee of the land. (5) Sever fences or cause any other change or damage to public or private property without the permission of the owner or lessee of the land. (6) Run any vehicle, except fording in the most direct manner, in any stream. (7) Refuse to identify himself upon request to the owner or the lessee of the land or waters upon which he is present. (8) While in the act of fishing, fish in a water area or enter a riparian area clearly marked and posted by the commission as a no fishing zone. (b) Penalty.-- (1) Except as provided in paragraph (2), any person violating any of the provisions of this section commits a summary offense of the second degree. (2) Any person who violates subsection (a)(1), (3), (7) or (8) commits a summary offense of the third degree. (3) Any person convicted of violations under paragraph (1) or (2) may, in addition to any penalty imposed, have his fishing license revoked for a period of one year. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)

30 Pa.C.S. § 2502 Disturbance of waterways and watersheds.

(a) General rule.--No person shall alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits. (b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

30 Pa.C.S. § 2503 Littering.

(a) General rule.--It is unlawful for any person to throw, discard, leave, emit, deposit or allow the depositing of any garbage, bottles, cans, rubbish, wire, glass, paper, cardboard or wooden boxes or cartons or any other type of debris, trash or other thing or substance in or along any waters or on any lands adjacent or contiguous to waters or in such manner that the thing or substance deposited flows into or is carried by wind into such waters or lands. (b) Evidence.--In prosecutions for violations of this section the operator of a motor vehicle or watercraft shall be deemed to have allowed the depositing of any thing or substance thrown, discarded, emitted or deposited from such motor vehicle or watercraft. (c) Penalty.--Any person who deposits or otherwise disposes of a thing or substance in violation of this section which causes or may cause damage to, or destruction of, fish commits a summary offense of the first degree. Any person who transports household refuse or garbage from another location and disposes of it by leaving it on lands or waters open to fishing or boating commits a summary offense of the second degree. Any person who otherwise violates this section commits a summary offense of the third degree. In addition to the penalties set forth in section 923 (relating to classification of offenses and penalties), an additional penalty of not less than $20 nor more than $50 for each item or piece of litter thrown, discarded, left, emitted or deposited in violation of this section may be imposed on any person who is convicted or acknowledges guilt of a violation of this section. In addition to the penalties under section 923, a person who is convicted or acknowledges guilt of a violation of this section shall be liable to pay, upon demand of the person having legal control of the land or water, a sum equal to the cost of disposal of the discarded item. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 1, 2020, P.L.522, No.40, eff. 60 days) 2020 Amendment. Act 40 amended subsec. (c).

30 Pa.C.S. § 2504 Pollution of waters.

(a) General rule.--No person, regardless of intent, shall: (1) Put or place in any waters within or on the boundaries of this Commonwealth any electricity, explosives or any poisonous substances except that, for the purposes of research and fish management, agents of or persons authorized by the executive director may use any method or means to collect, eradicate or control fish. (2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters within or bordering on this Commonwealth. (b) Evidence.--In criminal prosecutions under this section for water pollution known to be injurious to fish, it is not necessary to prove that the violation has actually caused the death of, or damage to, any particular fish. (c) Construction of section.--This section does not repeal or supersede any of the provisions of the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law." (d) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

30 Pa.C.S. § 2505 Interference or damage to hatchery or nursery property.

(a) General rule.--No person shall destroy or tamper with any ponds, property or appliances whatsoever of the commission, Federal Government or cooperative nursery approved by the commission, nor interfere with, obstruct, pollute or affect the natural flow of water into or through any of these facilities. (b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

30 Pa.C.S. § 2506 Commonwealth actions for damage to fish.

(a) Declaration of policy.--The Commonwealth has sufficient interest in fish living in a free state to give it standing, through its authorized agencies, to recover damages in a civil action against any person who kills any fish or who injures any streams or streambeds by pollution or littering. The proprietary ownership, jurisdiction and control of fish, living free in nature, are vested in this Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, perpetuate, propagate and maintain the fish population as a renewable natural resource of this Commonwealth. (b) General rule.--The commission, as an agency of the Commonwealth authorized to regulate, control, manage and perpetuate fish may, in addition to criminal penalties provided in this title, bring civil suits in trespass on behalf of the Commonwealth for the value of any fish killed or any stream or streambed destroyed or injured in violation of this chapter. In determining the value of fish killed, the commission may consider all factors that give value to such fish. These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of angling for the fish killed. In addition, the commission is entitled to recover the costs of gathering the evidence, including expert testimony, in any civil suit brought under this section where the defendant is found otherwise liable for damages.

30 Pa.C.S. § 2507 Sale of certain fish, reptiles and amphibians prohibited.

(a) General rule.--No person shall purchase, sell, barter, trade or offer for sale any species of fish taken from waters wholly within this Commonwealth or illegally taken from waters outside this Commonwealth and received in interstate commerce except those species of fish which the commission determines may be sold or offered for sale. No person shall purchase, sell, barter, trade or offer for sale any species of reptiles or amphibians taken from lands or waters wholly within this Commonwealth or illegally taken from lands or waters outside this Commonwealth and received in interstate commerce except those species of reptiles and amphibians which the commission determines may be sold or offered for sale. (b) Reports of sales of fish.--A person engaged in catching fish for market or whose business may involve the sale of fish shall, on demand of the executive director, furnish at the close of each calendar year a duplicate report of his sales of fish and the gross amount of money realized. The contents of the report shall be used by the commission entirely for statistical purposes and are not public records. Individual reports shall not be made public without the written consent of the owner. (c) Exceptions.--This section does not prohibit the sale, purchase, offer for sale, trade or barter of any fish propagated by or from a propagator or dealer of live aquatic animals registered under 3 Pa.C.S. Ch. 42 (relating to aquacultural development), provided that such fish are a species approved for propagation in Pennsylvania and are lawfully propagated or acquired by means other than fishing from the waters of this Commonwealth in accordance with the requirements of applicable laws and regulations. This section does not prohibit the sale, purchase, offer for sale, trade or barter of any fish by or from the holder of a commercial fishing license issued under Chapter 29 (relating to special licenses and permits), provided that such fish are lawfully caught or taken in accordance with the requirements of applicable laws and regulations. This section does not prohibit the sale of mounted fish. (d) Penalty for sale of fish, reptiles or amphibians.--Any person who violates subsection (a) by purchasing, selling, bartering, trading or offering for sale any species of fish, reptiles or amphibians with a market value or sale price in excess of $5,000 commits a misdemeanor of the second degree. Any violation of subsection (a) where the market value or sale price is greater than $250 but less than $5,000 is a misdemeanor of the third degree. Any violation of subsection (a) where the market value or sale price is less than $250 is a summary offense of the first degree. (e) Applicability.--This section shall not apply to hobby breeders as defined in 3 Pa.C.S. Ch. 42. This section shall not apply to the purely retail sale or offer for sale of fish by pet shops or dealers regularly engaged in retail transactions, provided that such fish are not taken from lands or waters within this Commonwealth or illegally taken from lands or waters outside this Commonwealth. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) 1999 Amendment. Act 41 added section 2507.

30 Pa.C.S. § 2508 Restrictions on transport, sale, importation or release of nonnative injurious fish.

(a) General rule.--No person shall transport, sell, offer for sale or release in this Commonwealth or import, bring or cause to be brought or imported into this Commonwealth a nonnative injurious fish. (b) Regulations.--The commission shall promulgate regulations pertaining to nonnative injurious fish. (c) Penalty.--Any person who violates this section commits a misdemeanor of the third degree. (July 7, 2006, P.L.355, No.75, eff. 60 days) 2006 Amendment. Act 75 added section 2508.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=30Fetched: 10/16/2026