Endangered Species - Definitions - Pennsylvania

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:... 

“Endangered species.” All species and subspecies of fish which:

(1) have been declared by the Secretary of the United States Department of the Interior to be threatened with extinction and appear on the Endangered Species List or the Native Endangered Species List published in the Federal Register; or

(2) have been declared by the executive director to be threatened with extinction and appear on the Pennsylvania Endangered Species List published in the Pennsylvania Bulletin. “Executive director.” The executive director of the Pennsylvania Fish and Boat Commission...

“Fish.”

(1) When used as a noun, includes all game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms.

(2) When used as a verb, the act of fishing.

“Fishing.” The act of angling, or to catch, take, kill or remove or the attempt to catch, take, kill or remove from any lands within or waters within or bordering on this Commonwealth any fish by any means or method for any purpose whatsoever...

“Threatened species.” All species and subspecies of fish which:

(1) have been declared by the Secretary of the United States Department of the Interior to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on a Threatened Species List published in the Federal Register; or

(2) have been declared by the executive director to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on the Pennsylvania Threatened Species List published in the Pennsylvania Bulletin...

Citation: 30 Pa.C.S.A. § 102.

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:... 

“Endangered species.” All species and subspecies of wildlife which have been declared by:

(1) the Secretary of the United States Department of the Interior to be threatened with extinction and appear on the Endangered Species List or the Native Endangered Species List published in the Federal Register; or

(2) the director to be threatened with extinction and appear on the Pennsylvania Endangered Species List published in the Pennsylvania Bulletin.

“Facsimile.” A copy of game or wildlife with similar characteristics. The term includes man-made, taxidermy mounts, mechanical or electronic facsimiles....

“Officer.” Any Game Commission officer or deputy Game Commission officer appointed by the commission or any other person with law enforcement powers who is designated by the director to enforce this title....

“Possession.” The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed to exist where one claims to hold by virtue of some title without having actual custody. The presence in a vehicle of any kind, or its attachments, of any unlawfully taken game or wildlife or unlawful device or contraband is presumptive evidence of its possession by all persons occupying the vehicle or its attachments...

“Threatened species.” All species and subspecies of wildlife which have been declared by:

(1) the Secretary of the United States Department of the Interior to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on a Threatened Species List published in the Federal Register; or

(2) the director to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on the Pennsylvania Threatened Species List published in the Pennsylvania Bulletin...

“Wild animals.” All mammals other than domestic animals as defined in 1 Pa.C.S. § 1991 (relating to definitions). The term shall not include a species or variation of swine, pig or boar, held in captivity.

“Wild birds.” All migratory birds as defined in 50 CFR by the United States Fish and Wildlife Service of the Department of the Interior, game birds and any other birds designated by the commission, including, but not limited to, grouse, partridge, pheasant, quail and wild turkey.

“Wildlife.” Wild birds, wild mammals and facsimiles thereof, regardless of classification, whether protected or unprotected, including any part, product, egg or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

Citation: 34 Pa.C.S.A. § 102.