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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5311. Enforcement

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Except as otherwise provided it shall be unlawful for any person, exclusive of the owner of the land or any person having a bona fide property interest therein to disturb, pick, take or possess vulnerable, threatened or endangered wild plants. It shall be unlawful for any person to transport with the intent to sell, sell or export threatened or endangered wild plants. It shall be unlawful for any person to disturb, pick or take wild plants from State parks and forest lands except as provided by rules and regulations.

(b) In order to aid the department in the enforcement of this act, the following penalties shall apply:

(1) Any person who violates the provisions of this act relating to commercial licensing or regulations issued thereunder shall be sentenced to pay a fine of not more than $200 or have the license revoked or both.

(2) Any person found to be illegally in possession of any wild plant species or part thereof protected hereunder, or any person who willfully destroys or mutilates an endangered plant species protected hereunder shall be sentenced to pay a fine of up to $100 for each plant taken or destroyed.

(3) Any person who violates any other provision of this act or regulation issued hereunder shall, for violation, be sentenced to pay a fine of not more than $100.

(c) Any enforcement officer employed or designated by the department or any police officer of the Commonwealth or any municipality within the Commonwealth shall have authority to enforce the provisions of this section.

(d) Any person aggrieved by any order or other action of the department shall have the right of appeal to the Environmental Hearing Board, in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) and such further right of appeal as is provided by law in such cases.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5311. Enforcement - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-5311/

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