(a) First offense.--Except as otherwise provided, for the first offense any person convicted or having signed an acknowledgment of guilt of violating any of the provisions of this title may be denied the privilege to hunt or take wildlife anywhere in this Commonwealth, with or without a license, for a period not to exceed three years as the commission determines.

(b) Second or subsequent offense.--Except as otherwise provided, any person convicted or having signed an acknowledgment of guilt of a second or subsequent offense of violating any of the provisions of this title may be denied the privilege to hunt or take game or wildlife anywhere in this Commonwealth, with or without a license, for such period as the commission determines.

(c) Clemency from revocation.--The commission shall not revoke the privilege to hunt or take game or wildlife anywhere in this Commonwealth for an unlawful taking or possession of game or wildlife violation if all of the following conditions are met:

(1) The unlawful taking or possession of game or wildlife violation is the person's first unlawful taking or possession of game or wildlife offense.

(2) The person complies with all of the procedural requirements set forth in section 2306(c)(1), (2) or (3) (relating to killing game or wildlife by mistake) concerning removal of entrails, tagging, reporting, delivery of carcass and providing a written, sworn statement.

(3) The unlawful taking of game or wildlife violation occurs during:

(i) an open season within the applicable wildlife management unit for the species involved; or

(ii) a closed season within the applicable wildlife management unit for the species involved, but only if there was an open season within an adjacent wildlife management unit for the same species.

(4) The person pleads guilty to the applicable unlawful taking or possession of game or wildlife violation charged.

(5) The unlawful taking or possession of game or wildlife violation does not involve a threatened or endangered species.

(6) There are no relevant aggravating circumstances present concerning the unlawful taking or possession of game or wildlife violation.

(Feb. 15, 2018, P.L.6, No.3, eff. 60 days)

2018 Amendment. Act 3 added subsec. (c).