§ 322. Powers and duties of commission.
(a) Duties.--It shall be the duty of the commission to protect, propagate, manage and preserve
the game or wildlife of this Commonwealth and to enforce, by proper actions and proceedings,
the laws of this Commonwealth relating thereto.
(b) General powers and duties.--The commission has the power and duty to take all actions necessary for the administration
and enforcement of this title.
(c) Specific powers and duties.--In order to administrate and enforce this title, the commission through proper action
shall:
(1) Subject to section 2102(b) (relating to seasons, possession, bag limits and devices),
fix seasons, daily shooting or taking hours, and any modification thereof, and daily,
season and possession limits for any species of game or wildlife.
(2) Remove protection, declare an open season or increase, reduce or close a season.
(3) Increase or reduce bag limits or possession limits.
(4) Define geographic limitations or restrictions.
(5) Fix the type and number of devices which may be used to take game or wildlife.
(6) Limit the number of hunters or furtakers in any designated area and prescribe the
lawful methods of hunting or taking furbearers in these areas.
(7) Govern the use of recorded calls or sounds or amplified calls or sounds of any description
for taking or hunting game or wildlife.
(8) Add to or change the classification of any wild bird or wild animal.
(9) Prohibit the possession, importation, exportation or release of any species of birds
or animals which may be considered dangerous or injurious to the general public or
to the wildlife of this Commonwealth.
(10) Manage and develop its lands and waters and other government or private lands and
waters under agreement with the owners as it considers advisable and, by proper action
and proceedings, enact and enforce regulations to insure the prudent and proper use
of these lands.
(11) Collect, classify and preserve such statistics, data and information as in its judgment
will tend to promote the object of this title and take charge of and keep all reports,
books, papers and documents which shall, in the discharge of its duties, come into
its possession or under its control.
(12) Take any necessary action to accomplish and assure the purposes of this title.
(13) Serve the interest of sportsmen by preserving and promoting our special heritage of
recreational hunting and furtaking by providing adequate opportunity to hunt and trap
the wildlife resources of this Commonwealth.
(June 28, 1996, P.L.428, No.64, eff. 60 days)
1996 Amendment. Act 64 added subsec. (c)(13).
Notes of Decisions
Unified Sportsmen v. Pennsylvania Game Comm'n, 950 A.2d 1120 (Pa. Commw. Ct. 2008).
· cites it 6× “34 Pa.C.S. § 322(a), (c)(ll)-(13). Sportsmen allege, by improperly authorizing the killing of too many antlerless deer, the Game Commission did not comply with its statutory duty to “protect, propagate, manage and preserve the game or wildlife of this Commonwealth,” and did not…”
Unified Sportsmen v. Pennsylvania Game Comm'n, 903 A.2d 117 (Pa. Commw. Ct. 2006).
· cites it 5× “Sportsmen aver the Game Commission possesses a mandatory duty to manage wildlife in accordance with Sections 322(a), (c)(11)-(13) of the Game and Wildlife Code (Game Code), 34 Pa.C.S. §§ 322(a), (c)(11)-(13), and it lacks discretion to avoid these enumerated duties.”
Seeton v. Pennsylvania Game Comm'n, 937 A.2d 1028 (Pa. 2007).
· cites it 2× “" 34 Pa.C.S. § 322(a). [9] Pointing as well to the discretion conferred upon the Commission to regulate hunting, id.”
Duff v. Twp. of Northampton, 532 A.2d 500 (Pa. Commw. Ct. 1987).
“7 This section was repealed and its subject matter was replaced by 34 Pa. C. S. §322. 8 This section was repealed and its subject matter replaced by 34 Pa.”
Commonwealth v. Reynolds, 876 A.2d 1088 (Pa. Commw. Ct. 2005).
“34 Pa.C.S. § 322(c)(8), (9). In turn, Section 102 of the Game Code defines "wild animals” as ”[a]ll mammals other than domestic animals as defined in 1 Pa.”
Commonwealth v. Hagan, 44 Pa. D. & C.4th 516 (2000).
· cites it 5× “34 Pa.C.S. §322(a). In administering and enforcing the provisions of the code, the commission is mandated to promulgate regulations establishing seasons for the lawful killing of game.”
— 34 Pa. Cons. Stat. § 322(a) — 8 cases
Seeton v. Pennsylvania Game Comm'n, 937 A.2d 1028 (Pa. 2007).
“" 34 Pa.C.S. § 322(a). [9] Pointing as well to the discretion conferred upon the Commission to regulate hunting, id.”
Unified Sportsmen v. Pennsylvania Game Comm'n, 903 A.2d 117 (Pa. Commw. Ct. 2006).
“Sportsmen aver the Game Commission possesses a mandatory duty to manage wildlife in accordance with Sections 322(a), (c)(11)-(13) of the Game and Wildlife Code (Game Code), 34 Pa.C.S. §§ 322(a), (c)(11)-(13), and it lacks discretion to avoid these enumerated duties.”
Unified Sportsmen v. Pennsylvania Game Comm'n, 950 A.2d 1120 (Pa. Commw. Ct. 2008).
“34 Pa.C.S. § 322(a), (c)(ll)-(13). Sportsmen allege, by improperly authorizing the killing of too many antlerless deer, the Game Commission did not comply with its statutory duty to “protect, propagate, manage and preserve the game or wildlife of this Commonwealth,” and did not…”
— 34 Pa. Cons. Stat. § 322(b) — 2 cases
Commonwealth v. Hagan, 44 Pa. D. & C.4th 516 (2000).
“34 Pa.C.S. §322(a). In administering and enforcing the provisions of the code, the commission is mandated to promulgate regulations establishing seasons for the lawful killing of game.”
— 34 Pa. Cons. Stat. § 322(c)(12) — 1 case
— 34 Pa. Cons. Stat. § 322(c)(13) — 2 cases
Unified Sportsmen v. Pennsylvania Game Comm'n, 950 A.2d 1120 (Pa. Commw. Ct. 2008).
“34 Pa.C.S. § 322(a), (c)(ll)-(13). Sportsmen allege, by improperly authorizing the killing of too many antlerless deer, the Game Commission did not comply with its statutory duty to “protect, propagate, manage and preserve the game or wildlife of this Commonwealth,” and did not…”
Unified Sportsmen v. Pennsylvania Game Comm'n, 903 A.2d 117 (Pa. Commw. Ct. 2006).
“Sportsmen aver the Game Commission possesses a mandatory duty to manage wildlife in accordance with Sections 322(a), (c)(11)-(13) of the Game and Wildlife Code (Game Code), 34 Pa.C.S. §§ 322(a), (c)(11)-(13), and it lacks discretion to avoid these enumerated duties.”
— 34 Pa. Cons. Stat. § 322(c)(8) — 1 case
Commonwealth v. Reynolds, 876 A.2d 1088 (Pa. Commw. Ct. 2005).
“34 Pa.C.S. § 322(c)(8), (9). In turn, Section 102 of the Game Code defines "wild animals” as ”[a]ll mammals other than domestic animals as defined in 1 Pa.”
— 34 Pa. Cons. Stat. § 322(c)(l) — 1 case
Commonwealth v. Hagan, 44 Pa. D. & C.4th 516 (2000).
“34 Pa.C.S. §322(a). In administering and enforcing the provisions of the code, the commission is mandated to promulgate regulations establishing seasons for the lawful killing of game.”
— 34 Pa. Cons. Stat. § 322(c)(l)(4) — 1 case
Commonwealth v. Hagan, 44 Pa. D. & C.4th 516 (2000).
“34 Pa.C.S. §322(a). In administering and enforcing the provisions of the code, the commission is mandated to promulgate regulations establishing seasons for the lawful killing of game.”
— 34 Pa. Cons. Stat. § 322(c)(ll) — 1 case
Unified Sportsmen v. Pennsylvania Game Comm'n, 950 A.2d 1120 (Pa. Commw. Ct. 2008).
“34 Pa.C.S. § 322(a), (c)(ll)-(13). Sportsmen allege, by improperly authorizing the killing of too many antlerless deer, the Game Commission did not comply with its statutory duty to “protect, propagate, manage and preserve the game or wildlife of this Commonwealth,” and did not…”
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