Pennsylvania Consolidated Statutes

34 Pa. Cons. Stat. § 2161 (2026)

Commonwealth actions for damage to game or wildlife.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1989–2021 · leading case: Seeton v. Pennsylvania Game Comm'n, 937 A.2d 1028 (Pa. 2007).

Sort: Relevance Newest Treatment

Seeton v. Pennsylvania Game Comm'n, 937 A.2d 1028 (Pa. 2007). · cites it 4× “At 34 Pa.C.S. § 2161(a) ("Declaration of policy"), for example, the General Assembly refers to the Commission's "proprietary ownership, jurisdiction and control of game or wildlife living free in nature," which the same provision identifies as "a renewable natural resource of…”

Game Com'n v. Dept. of Env. Resources, 555 A.2d 812 (Pa. 1989). · cites it 3× “" 34 Pa.C.S. § 2161(b) (emphasis added). With respect to state-owned game lands or waters as such, section 706 of the Code mandates that title to such property shall be in the name of the Commonwealth "solely for the use of the [C]ommission.”

In Re: Petition of B.R. Adams & J.M. Adams, his wife ~ Appeal of: W. Dittmar & J.M. Corl, 170 A.3d 584 (Pa. Commw. Ct. 2017). “34 Pa. C.S. §2161(a) (emphasis added). 14 Article I, Section 27 of the Pennsylvania Constitution reads: The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.”

Commonwealth v. Commonwealth, 555 A.2d 812 (Pa. 1989). · cites it 3× “Another section of the Code provides that the Commission, as an agency of the Commonwealth, is “authorized to regulate, protect, propagate, manage and preserve game or wildlife----”34 Pa.C.S. § 2161(b) (emphasis added). With respect to state-owned game lands or waters as such,…”

Commonwealth of Pennsylvania, acting by PA DEP v. Monsanto Co., Solutia Inc. & Pharmacia LLC (Pa. Commw. Ct. 2021). · cites it 4× “34 Pa.C.S. § 2161(a). The Game and Wildlife Code also states: “The [GC is] the agency of the Commonwealth authorized to regulate, protect, propagate, manage and preserve game or wildlife[.”

In Re: Petition of B.R. Adams & J.M. Adams, his wife ~ Appeal of: W. Dittmar & J.M. Corl (Pa. Commw. Ct. 2017). “34 Pa. C.S. §2161(a) (emphasis added). 14 Article I, Section 27 of the Pennsylvania Constitution reads: The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.”

— 34 Pa. Cons. Stat. § 2161(a) — 4 cases

Seeton v. Pennsylvania Game Comm'n, 937 A.2d 1028 (Pa. 2007). “At 34 Pa.C.S. § 2161(a) ("Declaration of policy"), for example, the General Assembly refers to the Commission's "proprietary ownership, jurisdiction and control of game or wildlife living free in nature," which the same provision identifies as "a renewable natural resource of…”

Commonwealth of Pennsylvania, acting by PA DEP v. Monsanto Co., Solutia Inc. & Pharmacia LLC (Pa. Commw. Ct. 2021). “34 Pa.C.S. § 2161(a). The Game and Wildlife Code also states: “The [GC is] the agency of the Commonwealth authorized to regulate, protect, propagate, manage and preserve game or wildlife[.”

— 34 Pa. Cons. Stat. § 2161(b) — 3 cases

Game Com'n v. Dept. of Env. Resources, 555 A.2d 812 (Pa. 1989). “" 34 Pa.C.S. § 2161(b) (emphasis added). With respect to state-owned game lands or waters as such, section 706 of the Code mandates that title to such property shall be in the name of the Commonwealth "solely for the use of the [C]ommission.”

Commonwealth v. Commonwealth, 555 A.2d 812 (Pa. 1989). “Another section of the Code provides that the Commission, as an agency of the Commonwealth, is “authorized to regulate, protect, propagate, manage and preserve game or wildlife----”34 Pa.C.S. § 2161(b) (emphasis added). With respect to state-owned game lands or waters as such,…”

— 34 Pa. Cons. Stat. § 2161(c) — 2 cases

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.