PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 137]
Importation of Wildlife
[32 Pa.B. 6368] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting, proposed the following change:
Amend § 137.1 (relating to importation, sale and release of certain wildlife) to allow cervids to be imported under certain circumstances and conditions.
This proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the October 8, 2002, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 7, 2003.
1. Introduction
The Commission is proposing to amend § 137.1 to allow the importation of wildlife under very limited circumstances.
2. Purpose and Authority
Section 2163 of the code (relating to unlawful importation of game or wildlife) makes it unlawful to bring into this Commonwealth any living game or wildlife the importation of which is prohibited by the Commission. Section 137.1(a) essentially prohibits the importation of all game and wildlife. The proposed changes to that regulation will allow the importation of game and wildlife in very limited situations.
Section 2102(c) of the code (relating to regulations) directs that: ''The Commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' This section provides the authority for this proposed rulemaking.
3. Regulatory Requirements
This proposed rulemaking will relax current restrictions and allow cervids to be imported under certain circumstances and conditions.
4. Persons Affected
Persons importing cervids will be affected by this proposed rulemaking.
5. Cost and Paperwork Requirements
This proposed rulemaking should not result in any additional cost or paperwork.
6. Effective Date
This proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this proposed rulemaking, 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: 48-151. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.1. Importation, 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 animals or birds or the eggs of the birds or a crossbreed or hybrid of the animals or birds which are similar in appearance:
(1) In the family Felidae. Species and subspecies, except species which are commonly called house cats which may be possessed but not released into the wild. Lawfully acquired bobcats--Lynx rufus--may be imported by licensed propagators specifically for propagation [or] for fur farming purposes. Importation permits and transfer permits as mentioned in subsections (d) and (e) are not required for bobcats imported for propagation [and] for fur farming purposes. Bobcats imported under this exception and their progeny may not be sold or transferred for wildlife pet purposes or released into the wild.
(2) In the family Canidae. Species and subspecies of the coyote, the red and gray fox and a full-blooded wolf or crossbreed thereof not licensed by the Department of Agriculture. Lawfully acquired coyotes and red or gray foxes may be imported by licensed propagators [for the enhancement of their stock] specifically for propagation for fur farming purposes. Coyotes and red and gray foxes imported under this exception and their progeny may not be sold or transferred for wildlife pet purposes or released into the wild. This subsection does not permit the sale for release or the release of the mammals into the wild.
* * * * * (c) Nothing in this section prevents zoological gardens, exotic wildlife dealers or exotic wildlife possession permit holders from importing wildlife.
* * * * * (e) Transfer of [lawfully imported] 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:
* * * * * (f) Live wildlife imported for any reason shall be accompanied by a [health] certificate of veterinary inspection signed by [a licensed] an accredited veterinarian [stating that the wildlife is in good health].
(g) [A person violating this section is subject to the penalties provided in the act.] Except as provided in subsection (h), a person wishing to import any members of the family cervidae shall first obtain an importation permit from the Commission subject to the following:
(1) An application for an importation permit shall state the name and address of the applicant, the name and address of the person supplying the cervid, the common and scientific name and the number of cervids to be covered by the permit, the purpose for which the cervids are being imported, the qualifications of the applicant to use the cervids for the stated purpose and the location where the cervids will be housed or retained. The application must be received by the Commission at least 10 days prior to the proposed import date and be accompanied by an owner's statement that to his knowledge the cervids to be imported have never resided on a premise or come in contact with equipment used on a premise where Chronic Wasting Disease (CWD) was ever diagnosed. If the cervids are to be purchased at auction the name and address of the person supplying the cervids and number of cervids purchased shall be reported to the Commission by means of telephone or fax on the date of purchase. An applicant must receive a confirmation number before the animals are imported. A copy of the completed permit will be forwarded to the applicant.
(2) The shipment shall be accompanied at all times by a certificate of veterinary inspection completed by an accredited veterinarian in compliance with the Department of Agriculture health requirements. The certificate shall remain with the permittee's records for 5 years. The applicant shall identify the herd of origin and the herd of destination on both the permit application and the certificate of veterinary inspection. The cervids to be imported shall be identified to the herd they are being transferred or sold from by at least one permanent unique identifier to include, legible tattoo, United States Department of Agriculture (USDA) approved eartag, breed registration or other state approved permanent identification methods and one temporary identifier. If a microchip is used for identification, the owner shall provide the necessary reader.
(3) Herds of origin must be able to demonstrate a minimum of 5 years in a CWD monitoring program. CWD monitoring programs shall meet the following minimum standards or adopted National standards acceptable to the Commission:
(i) In states where CWD has been found in free-ranging wildlife, the state program shall have perimeter fencing requirements adequate to prevent ingress, egress or contact with cervids.
(ii) Surveillance based on testing of all cervid deaths over 16 months of age.
(iii) Physical herd inventory with annual verification reconciling animals with records by an accredited veterinarian or state or Federal personnel is required. Inventory is to include a cross-check of all available animal identifications with the herd inventory and specific information on the disposition of all animals not present.
(iv) Herd additions are allowed from herds with equal or greater time in an approved state CWD monitoring program with no negative impact on the certification status of the receiving herd. If herd additions are acquired from a herd with a later date of enrollment, the receiving herd reverts to the enrollment date of the sending herd. If a herd participating in the monitoring program acquires animals from a nonparticipating herd, the receiving herd shall start over with a new enrollment date based upon the date of acquisition of the animals. If a new herd begins with animals of a given status, that status will be retained by the new herd, based upon the lowest status of animals received. Animals of different status which are commingled during marketing or transport will revert to the lowest status.
(v) The state or province of origin shall list CWD as a reportable disease and impose an immediate quarantine on a herd or premise, or both, when a CWD animal is found.
(vi) Animal health officials in the state or province of origin shall have access to herd records from the time the herd is enrolled in the CWD monitoring program or for 5 years, whichever is less, including records of deaths and causes of death.
(h) A person wishing to import any members of the family cervidae for slaughter within 72 hours at a USDA inspected facility and in accordance with the Department of Agriculture requirements shall first obtain an importation permit from the Commission subject to the following:
(1) An application for importation permit shall state the name and address of the applicant, the name and address of the person supplying the cervid, the common and scientific name and the number of cervids to be covered by the permit, that the cervids are being imported for immediate slaughter and the location where the cervids will be slaughtered. The application must be received by the Commission at least 10 days prior to the proposed import date and be accompanied by an owner's statement that to his knowledge the cervids to be imported have never resided on a premise or come in contact with equipment used on a premise where CWD was ever diagnosed.
(2) Cervids from herds that are known to have been infected with CWD within the last 5 years may not be imported.
(3) If cervids are from states or provinces where CWD has been detected, herds of origin shall be able to demonstrate a minimum of 5 years in a CWD monitoring program as described in subsection (g)(3).
(4) Cervids shall be individually identified as to the herd of origin by legible tattoo, ear tag or other method approved by the Commission.
(5) Cervids may not have contact with any other animals not for immediate slaughter.
(i) A person violating this section is subject to the penalties provided in the act.
[Pa.B. Doc. No. 02-2313. Filed for public inspection December 27, 2002, 9:00 a.m.]
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