PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Wildlife Rehabilitation; Special Permits
[31 Pa.B. 6191] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2001, meeting, proposed the following amendments:
Amend §§ 147.301--147.304, 147.306, 147.308 and 147.309. With the advice of cooperation of the Wildlife Rehabilitation Council, the Commission wanted to apply some needed changes in the regulations to make the Commissions's rehabilitation program more functional and easier to administer. These proposed amendments will help to clarify the various aspects of this program.
Amend § 147.553 (relating to permit) to establish posting requirements for farms enrolled in the deer control program.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposed amendments were made public at the October 2, 2001, meeting of the Commission and comments on these proposed amendments can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 28, 2001.
Proposed Amendments to §§ 147.301--147.309
1. Introduction
The Commission has had regulations relating to wildlife rehabilitation permits in Subchapter P (relating to wildlife rehabilitation) since 1992. Although the regulations have generally worked well, the Commission decided to propose some modifications. Therefore, at its meeting held on October 2, 2001, the Commission proposed amending §§ 147.301--147.304, 147.306, 147.308 and 147.309. These amendments are proposed under authority contained in section 2901(b) of the code (relating to authority to issue permits).
2. Purpose and Authority
As was pointed out in the Introduction, the Commission has had regulations relating to wildlife rehabilitation permits for approximately 9 years. The Commission has decided to amend sections as follows:
§ 147.301--Defines ''assistant'' and redefines ''wildlife rehabilitation.''
§ 147.302(a)(5)--Authorizes rehabilitator use of unlicensed volunteers.
§ 147.302(b)--Authorizes the holding of injured wildlife by a licensed veterinarian for up to 48 hours before notifying the Commission and requires transfer to a licensed rehabilitator.
§ 147.302(j)--Allows disposal of terminated wildlife in an appropriate manner.
§ 147.302(k)--Requires submission of a copy of permit records annually by July 30.
§ 147.302(o)--Makes renewal of permit contingent upon compliance with all relevant legal requirements.
§§ 147.303(b)(6) and 147.304(a)(1)(iv)--Changes ''passerines'' to ''nonraptor'' avian species for purposes of identifying types of wildlife.
§§ 147.303(b)(7) and 147.304(d)--Eliminates the master class of permit.
§ 147.304(c)(1)(ii)--Eliminates the requirement of passing a written test and requires submission of photographs or a videotape of the permittee's facility.
§ 147.306(b)(4)--Allows submission of a videotape of facilities for endangered or threatened species certification.
§ 147.306(c)--Requires attendance at a certification workshop or seminar for endangered or threatened species certification.
§ 147.308(a)--Allows approval by the council and the Commission of equivalent training for certification.
§ 147.309(d)(3)--Prohibits free flying by any species not just avian species.
Section 2901(b) of the code authorizes the Commission to ''. . . as deemed necessary to properly manage the game or wildlife resources, . . . promulgate regulations for the issuance of any permit and . . . to control the activities which may be performed under authority of any permit issued.'' This section authorizes the proposed amendments.
3. Persons Affected
Individuals wishing to engage in wildlife rehabilitation activities will be affected by the proposed amendments.
4. Cost and Paperwork Requirements
The proposed amendments should not result in any substantial additional cost or paperwork.
Proposed Amendment to § 147.553
1. Introduction
The Commission, at its June 12, 2001, meeting, finally adopted the deletion of § 139.16. Posting of deer damage areas under § 139.16 was a prerequisite to obtaining a deer control permit under Subchapter R (relating to deer control). As a result, the Commission, at its October 2, 2001, meeting proposed amending § 147.553 by adding paragraph (3) requiring posting of the property. Section 2901(b) of the code authorizes the Commission to promulgate regulations to control activities performed under authority of a permit.
2. Purpose and Authority
As a result of the Commission's adopting of concurrent antlerless and antlered deer seasons, the need for a special season for deer damage areas was eliminated and § 139.16 was deleted. Participation in the deer damage farm program, including posting of the property involved, was a prerequisite to obtaining an agricultural deer control permit under Subchapter R. The Commission has decided to retain the posting requirement of the deer damage farm program and has therefore proposed adding the posting requirement to § 147.553.
Section 2901(b) of the code authorizes the Commission to promulgate regulations to control activities which may be performed under the authority of a permit. This section provides the authority for the proposed amendment.
3. Regulatory Requirements
The proposed amendment will continue the requirement that signs be posted on boundaries and along public roads identifying a farm as experiencing deer damage as a prerequisite to obtain an agricultural deer control permit.
4. Persons Affected
Individuals owning or leasing farms experiencing deer damages and hunters desiring to hunt on the land would be affected by the proposed amendments.
5. Cost and Paperwork Requirements
The proposed amendments will continue an existing requirement and therefore should not result in any additional cost or paperwork.
Effective Date
The proposed amendments will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding these amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-137. No fiscal impact; (8) recommends adoption.
Annex A
TITTLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter P. WILDLIFE REHABILITATION § 147.301. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Assistant--Individuals appointed by the wildlife rehabilitator to provide food and housing for wildlife being rehabilitated.
* * * * * Wildlife rehabilitation--The treatment and temporary care [provided for injured or displaced wildlife] care of injured, diseased and displaced wildlife, and the subsequent release of healthy wildlife to appropriate habitats in the wild.
* * * * * § 147.302. General.
(a) The Director may issue a permit to an individual who meets the requirements of 34 Pa.C.S. § 2901(a) (relating to authority to issue permits) and this subchapter for the purpose of wildlife rehabilitation, wildlife capture and transportation, and educational use of rehabilitation wildlife.
* * * * * (5) Permitted wildlife rehabilitators may use unlicensed volunteers under their supervision, at their facility, provided that they maintain current records including name, address and phone number.
(b) A licensed veterinarian may accept injured wildlife for emergency treatment without a permit, if the wildlife is not held for more than 48 hours before [transfer to] contacting the Commission or a wildlife rehabilitator. Wildlife shall be transferred to a properly permitted rehabilitator as soon as specialized veterinarian care is not required. This period may be extended by the district wildlife conservation officer if necessary for completion of the emergency treatment.
* * * * * (j) Wildlife which is terminated shall be surrendered to the Commission as required, or disposed of in an appropriate manner.
(k) Records shall be kept by the permittee on forms supplied by the Commission and a copy shall be submitted annually with the application for permit renewal by July 30.
* * * * * (o) The renewal of a permit is contingent upon the permittee's compliance with relevant State and Federal statutes and this subchapter. Failure to comply with one or more conditions of the permit or this [subsection] subchapter will be sufficient cause for recall of the permit.
§ 147.303. Permit applications.
* * * * * (b) Each application shall include the following:
* * * * * (6) The type of wildlife. (Mammals, [passerines] nonraptor avian species, raptors [or] of all species).
(7) The permit class. (Novice[,] or general [or master]--wildlife rehabilitation only).
* * * * * § 147.304. Wildlife rehabilitation permits.
(a) Wildlife rehabilitation permits. Wildlife rehabilitation permits will be limited as follows:
(1) A maximum of two permits, including all classes, covering all species may be issued for each county with the following exceptions:
* * * * * (iv) Due to the issuance of permits which limit rehabilitation to specific types of wildlife (mammals, [passerines] nonraptor avian species or raptors), the number of permits issued would not exceed two of any specific species listed in this subparagraph, unless excepted by subparagraph (i), (ii) or (iii).
* * * * * (c) General class wildlife rehabilitation permits.
(1) Qualifications.
* * * * * (ii) [The applicant shall successfully pass a written examination administered by the Bureau of Law Enforcement.] Submit photographs or videotape with commentary of the permittee's facility to the Bureau of Law Enforcement for review by the council.
* * * * * [(d) Master class wildlife rehabilitation permits.
(1) Qualifications.
(i) The applicant shall have actively rehabilitated wildlife for at least 5 years as a general class wildlife rehabilitator or equivalent experience approved by the Council and the Bureau of Law Enforcement.
(ii) The applicant shall successfully pass a written examination administered by the Bureau of Law Enforcement.
(iii) The applicant shall appear for and successfully pass an oral examination/interview which shall be conducted by members of the Council.
(2) Permit conditions.
(i) A permittee claiming equivalent experience under qualifications may not accept wildlife for rehabilitation prior to a facility's inspection and approval by the district wildlife conservation officer.
(ii) A permittee may accept wildlife as authorized by the permit, including endangered or threatened species, if additionally certified, for the purpose of rehabilitation.
(iii) A master class wildlife rehabilitator may not list more than 15 capture and transportation permittees on its permit.
(iv) A master class wildlife rehabilitator may not appoint more than 15 responsible individuals to assist in providing food and housing for wildlife being rehabilitated, with the exception of endangered or threatened species. It is the permittee's responsibility to notify the Bureau of Law Enforcement in writing of the names, addresses and telephone numbers of the appointees and necessary changes as they occur.
(v) Additional capture and transportation permittees and assistants may be listed, only with the advance approval of the Council and the Bureau of Law Enforcement. A request shall be in writing with justification for an increase.]
§ 147.306. Endangered or threatened species certification.
* * * * * (b) The request shall include:
* * * * * (4) A description and photograph or videotape of facilities available.
(c) [The applicant shall successfully pass a written examination administered by the Bureau of Law Enforcement.] Attend a certification workshop or seminar as established by council and the Bureau of Law Enforcement.
§ 147.308. Training and education requirements.
(a) A wildlife rehabilitator and capture and transportation permittee will be required to attend a minimum of one training program or symposium conducted by the Council or the Commission within a 2-year period when this training is made available, or an equivalent training as approved by council.
* * * * * § 147.309. Educational use of rehabilitation wildlife permits.
* * * * * (d) Permit conditions are as follows:
* * * * * (3) Human contact may not be permitted with the wildlife and the wildlife shall be restrained to preclude danger to the public or injury to the specimen. Free flying of [an avian] any species is prohibited.
* * * * *
Subchapter R. DEER CONTROL
AGRICULTURE § 147.553. Permit.
The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every 5 acres of land that is under cultivation unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.
* * * * * (3) Posting. Deer control permit signs provided by the Commission shall be conspicuously posted on the boundary of and along all public roadways traversing the property by the landowner/cooperator on all contiguous acres of the farm under agreement. Posting shall be completed prior to February 1.
(4) * * *
[Pa.B. Doc. No. 01-2016. Filed for public inspection November 9, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
