RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 147]
Taxidermy
[27 Pa.B. 2550] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 1997, meeting, adopted the following changes:
Amending Chapter 147, Subchapter G (relating to taxidermy) to conform with the changes to 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
The amendment is adopted under the authority of the code.
Amendment to Chapter 147, Subchapter G
1. Introduction
The act of December 19, 1996 (P. L. 1442, No. 184) (Act 184) amended section 2926 of the code (relating to taxidermy permits) to provide that taxidermy permits could be issued in three specific areas. This change in the law requires changes to Subchapter G to the extent it involves examination procedures. As a result, the Commission at its meeting held on January 14, 1997, proposed and at its meeting held on April 15, 1997, finally adopted an amendment changing Subchapter G. On final adoption and based on Legislative guidance, the Commission decided to regard the general taxidermy permit as a separate category for purposes of implementing Act 184. The proposal was made under the authority contained in section 2901(b) of the code (relating to regulations for permits).
2. Purpose and Authority
A change in the code authorizing the issuance of taxidermy permits in three additional specific areas requires the modification of taxidermy permit examination procedures. The proposed changes provide for restricted taxidermy permits and specify numbers and types of specimens to be submitted for the examination as required by the statute.
Section 2901(b) of the code authorizes the Commission to promulgate regulations for the issuance of any permit and to control the activities which may be performed under the authority thereof. The proposed changes will be adopted under this authority.
3. Regulatory Requirements
Act 184 requires that as part of the taxidermy examination, an individual must present five specimens from each group for which he is seeking a permit. The proposed changes specify what types of specimens must be submitted for the general category and each of the restricted categories.
4. Persons Affected
Individuals wishing to be issued a restricted taxidermy permit by the Commission will be affected by the proposed changes.
5. Comment and Response Summary
Comments were received with regard to the original proposal that the requirement of 15 specimens for the general permit was excessive and not intended by the Legislature. In light of these comments, the Commission decided to regard the general permit as a separate category for specimen purposes.
6. Cost and Paperwork Requirements
Act 184 requires submission of five specimens in each area. Individuals wishing to be tested in a specific area will incur additional examination fees and will need to submit additional samples. There will be additional cost to the Commission by having to examine additional specimens. The amount of this cost is uncertain and will depend on the number of applicants and the number of those seeking restricted permits.
7. Effective Date
These amendments will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information on the amendments the contact person is James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under its authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.122 and 147.129 to read as set forth at 27 Pa.B. 1161 (March 8, 1997) and by amending §§ 147.121 and 147.123 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 27 Pa.B. 1161 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-97 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter G. TAXIDERMY § 147.121. Definitions.
In addition to the definitions in the act and § 131.2 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Apprentice--A person the taxidermist is teaching and is listed on the permit.
General taxidermy permit--A permit issued to a person to engage in the activities described in section 2926(b) of the act (relating to taxidermy permits).
Legitimate employe--An employe of record, one of which the employer deducts or pays, or both, taxes or other fees required by any local, State or the Federal government and is listed on the permit.
Mount--Prepare, preserve, arrange, set up or pose game, wildlife, fish or reptiles or any portion or part thereof in a life-like position or some other form of display.
Protected specimen--Any wildlife that is not a game bird, game animal or furbearer and is described in §§ 133.1 and 133.2 (relating to protected mammals; and protected birds).
Restricted taxidermy permit--A permit issued to a person to engage in taxidermy in one of the following specific categories only:
(i) Big and small game, excluding wild turkey.
(ii) Fish.
(iii) Game birds, including wild turkey.
Specimen--A sample, a part of a whole, something that obviously belongs to a particular category but is noticed by reason of an individual distinguishing characteristic; a representative piece, antler, horn, skull, bone, feet, feathers, hide, fur, pelt, skin or an individual carcass or part thereof exemplifying a whole.
Taxidermy shop--An established business address listed on the permit where taxidermy is to be performed.
Unclaimed specimen--A specimen or completed mount that has not been picked up by the client after being notified according to the procedures in § 147.126 (relating to unclaimed specimen procedure).
§ 147.123. Taxidermy examination.
(a) General taxidermy permit applicants shall present five specimens that have been mounted by the applicant within the last 3 years. The required specimens shall be: One antlered whitetail deer head, one small mammal, one upland game bird, one duck or other waterfowl and one fish. All birds shall be mounted with the feet and legs visible. All specimens shall be found in the wild within this Commonwealth.
(b) Restricted taxidermy permit applicants shall present five specimens that have been mounted by the applicant within the last 3 years in the category they are attempting to secure a permit. Big and small game applicants shall present one antlered whitetail deer head, one other big game specimen, two small game specimens and one furbearer specimen. Fish applicants shall present five different fish specimens, game bird applicants shall present one wild turkey, two upland game birds and two waterfowl specimens. All birds and waterfowl shall be mounted with the feet and legs visible. All specimens must be found in the wild within this Commonwealth.
(c) The examination shall consist of three parts.
(1) The following will be the criteria used to judge each specimen presented for examination:
(i) Lifelike and realistic in appearance. This will include proportion, muscle structure, setting of the eyes and antlers, proper placement of ears, wings, feet and legs, workmanship around the lips and nose and durability of work.
(ii) Sewing. Seams may not show and shall be completely closed. Patching of skin shall be of the same color and texture.
(iii) Whitetailed deer head (antlered)--ears. Paper or plastic liners or other media should be used in the ears. Ears shall be tight with no drumming or bridging.
(iv) Restoration of color. Color used shall give a natural appearance. Over-painting and over-waxing are not acceptable.
(v) Preservation. Any part subject to deterioration shall be adequately preserved. The specimens, especially fish, will be checked for objectionable odors.
(vi) Cleanliness of specimen. Evidence of grease, dirt, borax, sawdust, and the like, on a specimen is not acceptable.
(vii) Support strength. Wires or rods used for support in legs, necks, wings, and the like, shall be of sufficient strength for their intended use and may not be visible.
(viii) Novelty mounts will not be accepted.
(2) The second part of the examination will be a written test on general taxidermy methods, applicable law and regulations pertaining to taxidermy. The applicant shall attain a minimum score of 70%.
(3) The third part of the examination will require the applicant to perform a practical taxidermy process on a selected specimen that is acceptable to the Taxidermy Examination Board.
(d) A satisfactory score shall be attained on all parts of the examination to be eligible for a taxidermy permit.
(e) A sworn affidavit shall be submitted by the applicant attesting that the specimens were prepared and mounted by the applicant personally within the last 3 years. Submission of a false or fraudulent affidavit will result in immediate disqualification from the examination process and subject the applicant to violation of section 906 of the act (relating to false or fraudulent statements on reports, etc.). In addition thereto, the applicant will be denied future application and examination for 2 years.
[Pa.B. Doc. No. 97-828. Filed for public inspection May 23, 1997, 9:00 a.m.]
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