Yes, bats are protected in Pennsylvania. All nine species found in the state are protected wildlife under the Game and Wildlife Code, and four species are classified as state endangered. It is illegal to kill, capture, possess, sell, or transport any endangered or threatened bat, and the Pennsylvania Game Commission regulates how bats can be removed from buildings. Violations can bring fines up to $15,000, jail time, and loss of hunting privileges for as long as 15 years. Two species carry additional federal protection under the Endangered Species Act.
Which Bats Are Protected and to What Degree
Every bat native to Pennsylvania is protected wildlife. The Pennsylvania Game Commission has authority under state law to classify native species as endangered or threatened and to set the rules that go with those classifications.1Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 34 Section 2167 – Endangered or Threatened Species
Four species are listed as state endangered under 58 Pa. Code Section 133.41:2Pennsylvania Code and Bulletin. 58 Pa. Code Chapter 133 – Wildlife Classification
- Indiana bat (Myotis sodalis), also federally endangered since 1967 under what is now the Endangered Species Act.3U.S. Fish & Wildlife Service. Indiana Bat – Myotis sodalis
- Northern long-eared bat (Myotis septentrionalis), reclassified from federally threatened to federally endangered in a final rule with an effective date of March 31, 2023.4Federal Register. Endangered Species Status for Northern Long-Eared Bat – Delay of Effective Date
- Little brown bat (Myotis lucifugus), state endangered only.
- Tri-colored bat (Perimyotis subflavus), state endangered and proposed for federal endangered status.5Federal Register. Endangered Species Status for Tricolored Bat
The eastern small-footed bat (Myotis leibii) is classified as state threatened, which sits one step below endangered but still carries legal protection against take and sale. The remaining species — the big brown bat, silver-haired bat, hoary bat, and eastern red bat — are protected as general wildlife without an endangered or threatened designation.
What the Law Prohibits
Under 34 Pa.C.S. Section 2167, it is unlawful to capture, kill, possess, or transport any endangered or threatened bat. The same statute forbids buying, selling, bartering, or exchanging these animals or any part of them, and it reaches attempts and assistance as well as completed acts.1Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 34 Section 2167 – Endangered or Threatened Species
The Game Commission also has broad authority to regulate the disturbance of wildlife in natural habitat.6Pennsylvania General Assembly. 34 Pa.C.S. Chapter 21 – Game or Wildlife Protection Damaging a roost, hibernation cave, or maternity colony can draw enforcement even when no individual bat is directly harmed. The Commonwealth may also file civil actions to recover damages for destruction of wildlife or wildlife habitat.7Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 34 Section 2161 – Commonwealth Actions for Damage to Game or Wildlife
Penalties
State penalties escalate with each offense under Section 2167:1Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 34 Section 2167 – Endangered or Threatened Species
- A first violation is a misdemeanor of the second degree, carrying a fine of up to $5,000, up to 12 months of imprisonment, and possible loss of hunting and wildlife-taking privileges for seven years.
- A second violation within seven years is a misdemeanor of the first degree, with a fine of up to $10,000, up to 18 months of imprisonment, and privilege forfeiture of up to ten years.
- A third or later violation within seven years is a felony of the third degree, with a fine of up to $15,000, up to 36 months of imprisonment, and privilege forfeiture of up to 15 years.
The fine and imprisonment ranges come from the general penalty schedule at 34 Pa.C.S. Section 925, and a court retains discretion to impose less than the maximum.8Pennsylvania General Assembly. Title 34 – Game – Pennsylvania General Assembly
For the Indiana bat and northern long-eared bat, federal penalties can stack on top of state charges. A knowing violation of the core protections of the Endangered Species Act carries a fine of up to $50,000, imprisonment of up to one year, or both. Knowing violations of other ESA regulations carry fines up to $25,000 and imprisonment of up to six months.9Office of the Law Revision Counsel. 16 U.S. Code 1540 – Penalties and Enforcement A single act against a federally listed bat can be prosecuted under both systems.
Getting Bats Out of a House Legally
Bats in an attic or wall are not a life sentence, but how you remove them decides whether you have a maintenance project or a criminal case. The lawful method is exclusion: installing one-way devices that let bats leave on their own and prevent them from returning, then sealing every gap once the structure is empty. Poisoning, trapping, or killing the animals is illegal.
When You Can and Can’t Exclude
The Game Commission’s best management practices define the maternity season as May 15 through August 1. Flightless pups are inside the colony during this window, and excluding the adults would trap the young to die, which risks a killing charge under the endangered species provisions and often draws disoriented adults into contact with people.10Commonwealth of Pennsylvania. Acceptable Management Practices for Bat Control Activities in Human Structures
That leaves two working windows: early spring through mid-May, before pups are born, and after August 1 through early fall, once young bats can fly. Bats generally enter hibernation by late October or November, so the fall window is short. Miss both, and you are usually waiting for the following spring.
Why Most People Should Hire a Professional
A bat can squeeze through a gap smaller than a dime, so the sealing step is rarely a good weekend project. A licensed wildlife control operator who works with bats will identify the species, install one-way devices correctly, respect the maternity restrictions, and seal entry points thoroughly. That is the surest way to stay on the right side of both the Game Code and your homeowner’s insurance.
When a Bat Has Been Inside With People
Rabies is the one situation where the animal is handled differently. The CDC recommends testing any bat found inside a building for rabies, particularly when people were sleeping nearby, because bat bites can be small enough to miss.11Commonwealth of Pennsylvania. Report Suspected Rabies Exposure
If someone had direct contact with a bat, or a bat was in a room with a sleeping person, contain the animal without touching it (a box placed over it works) and call your local health department. Testing requires the animal to be euthanized; there is no approved live-animal test. Results are typically available within 24 to 72 hours after the sample reaches a qualified lab.12Centers for Disease Control and Prevention. Laboratory Methods for Rabies Testing If the bat escapes, a physician will generally recommend post-exposure prophylaxis as a precaution. Doctors treating an animal bite or scratch are required to report the incident to the Pennsylvania Department of Health.11Commonwealth of Pennsylvania. Report Suspected Rabies Exposure Rabies is nearly always fatal once symptoms appear, and fully preventable with prompt treatment.
If You Own Land With Bat Habitat
Landowners sometimes worry that discovering an endangered bat on their property will lock down future land use. A federal Safe Harbor Agreement addresses that directly. In exchange for maintaining or improving habitat for a listed species, the landowner receives an Enhancement of Survival Permit authorizing incidental take if the property later needs to return to its original baseline conditions. The agreement also bars the U.S. Fish and Wildlife Service from imposing additional management requirements beyond what the landowner agreed to, even if more bats show up.13U.S. Fish & Wildlife Service. Safe Harbor Agreements for Private Landowners
Landowners who want to actively create bat habitat may qualify for financial support through the USDA’s Conservation Stewardship Program, which includes an enhancement for summer roosting habitat for native forest-dwelling bat species.14Natural Resources Conservation Service. Summer Roosting Habitat for Native Forest-Dwelling Bat Species (E666P) On public land, Pennsylvania runs a statewide Habitat Conservation Plan covering roughly 3.8 million acres, developed by the Game Commission and the Department of Conservation and Natural Resources to reconcile forestry with bat conservation.15Commonwealth of Pennsylvania. State Lands Habitat Conservation Plan