Legal Question in Environmental Law in Pennsylvania

This is an odd question. As per the PA Statutes and code provisions outlined below, a perrmit is needed in order to possess an alligator.

Don't get your advice from non-lawyers unless they work for the PA Game Commission or animal control.

If somone is possessing an alligator in violation of the permit requirements, the game officers will take the animal and probably give it to a zoo or other similar facility. They will also charge the person who had the alligator with a violation of the permitting requirements and any other criminal offenses.

Pennsylvania

Category: L

Summary of Law: No person may keep exotic wildlife without first receiving a permit from the wildlife commission. Exotic wildlife includes, but is not limited to all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, and any crossbreed of these animals, which have similar characteristics in appearance or features.

Citation: 34 PA. CONS. STAT. ANN. �2961 and �2963 58 Pa. Code �137.1

L = Requires the "owner" of the exotic animal to obtain a license or permit or to register the animal with state or local authorities to privately possess the animal (excludes states only requiring import permits)

34 Pa.C.S.A. � 2961

"Exotic wildlife." The phrase includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.

34 Pa.C.S.A. � 2963 Exotic wildlife possession permits

(a) Authorization.--The commission may issue permits to persons to possess exotic wildlife which shall authorize the holder to purchase, receive or possess exotic wildlife from any lawful source from within or without this Commonwealth.

(b) Shelter, care and protection.--No permit provided for in this section shall be granted until the commission is satisfied that the provisions for housing and caring for such exotic wildlife and for protecting the public are proper and adequate and in accordance with the standards established by the commission.

(c) Unlawful acts.--It is unlawful for any person to:

(1) Possess, purchase or receive exotic wildlife, without first securing a permit to possess exotic wildlife issued under this section or regulations pertaining to this section.

(2) Release exotic wildlife into the wild.

(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.

(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.

(d) Penalty.--

(1) A violation of this section relating to permits is a summary offense of the third degree.

(2) Any other violation of this section is a summary offense of the fifth degree.

(3) Each day of violation shall constitute a separate offense, but under no circumstances shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.

(e) Discretion of director.--In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any exotic wildlife held.

58 PA Code � 137.1. Importation, possession, sale and release of certain wildlife.

(a) Unless otherwise provided in this section or the act, it is unlawful for a person to import, possess, sell, offer for sale or release within this Commonwealth the following wild animals or wild birds or the eggs of the birds or a crossbreed or hybrid of the wild animals or wild birds, which are similar in appearance:

(10) Game or wildlife taken alive from the wild, except the Commission may import wildlife taken from the wild for enhancement of this Commonwealth�s wild fauna.

(11) Game or wild held captive. Game or wildlife held in captivity or captive bred in another state or nation.

(e) Transfer of wildlife imported under subsection (d), or its progeny, or parts thereof, to a second party by sale, trade, barter or gift may only be done subject to the following:

(1) A permit issued by the Commission is required to transfer by sale, trade, barter or gift, wildlife or its progeny, or a part thereof.

(2) The fee for a transfer permit is $50.

(3) Transfer is limited to persons authorized to lawfully import wildlife.