PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping and Special Permits
[39 Pa.B. 5153]
[Saturday, August 29, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its July 9, 2009 meeting:
Amend §§ 141.20 (relating to protective material required falconry) and §§ 147.101, 147.104, 147.114 (relating to falconry) rescind §§ 147.105--147.110, 147.110a, 147.111--147.114 and add §§ 147.105a--147.109a, 147.110b--147.111a and 147.112a to meet the new Federal standards as well as simplify, reorganize and enhance current State regulations pertaining to falconry.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the July 9, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 25, 2009.
1. Purpose and Authority
A dual State and Federal permitting system has been in place since the initial implementation of the Federal regulations governing falconry. Notwithstanding, the separation and independence of these dual permitting structures, the states have always been obliged to operate their individual falconry programs within the bounds of the Federal regulations. On October 8, 2008, the United States Fish and Wildlife Service published new changes to the Federal regulations. Most significantly, the new language eliminated the requirement for a Federal permit to practice falconry. The new language also established a deadline of January 1, 2014, at which time the Federal permit program will be discontinued. For Pennsylvania's falconry program to continue beyond this deadline, it must adopt and implement regulations that meet the standards of the new Federal regulations. Once these standards are met, falconers will only be required to possess a State permit. To this end, the Commission is proposing to amend these regulations to meet the new Federal standards as well as simplify, reorganize and enhance current State regulations pertaining to falconry.
Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or fur taking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 141.20 and 147.101--147.114 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.20 and 147.101, 147.109, rescind §§ 147.105--147.110, 147.110a, 147.111--147.114 and by adding §§ 147.105a--147.109a, 147.110b, 147.111a and 147.112a--147.114 to meet the new Federal standards as well as simplify, reorganize and enhance current State regulations pertaining to falconry.
3. Persons Affected
Persons wishing to engage in falconry activities within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DiretorFiscal Note: 48-292. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.20. Protective material required.
* * * * * (b) Permitted acts. It is lawful to:
(1) Hunt without wearing daylight fluorescent orange-colored material for:
* * * * * (iv) [Small game] Any or wildlife that can be lawfully harvested under the authority of a valid falconry permit.
* * * * *
CHAPTER 147. SPECIAL PERMITS
Subchapter F. FALCONRY § 147.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Bate--Attempt to fly.
Eyases--A young bird not yet capable of flight.
* * * * * Falconry--The [sport of hunting with trained raptors--including the training of raptors] wild capture, husbandry and training of raptors for the pursuit of game and wildlife, and the hunting of game and wildlife with raptors.
Hacking--The controlled release of a raptor to the wild.
Hybrid--The offspring of birds listed as two or more distinct species in 50 CFR 10.13 (relating to list of migratory birds), offspring of birds recognized by ornithological authorities as two or more distinct species listed in 50 CFR 10.13 and the offspring of any hybrid birds.
Imprint--For the purposes of falconry, a bird that is hand-raised in isolation from the sight of other raptors until it has fledged. An imprinted bird is considered to be so for its entire lifetime.
* * * * * Passage birds--
(i) Raptors in their first year of life, postfledging and possessing no more than two adult feathers.
(ii) Golden Eagles taken as a juvenile must possess at least one subadult feather.
Raptors--Live migratory birds of the order Falconiformes or the order Strigiformes [other than] including the Bald Eagle--Haliaeetus leucocephalus-- [or] and the Golden Eagle--Aquila chrysaetos, wherever its place of origin, whether or not raised in captivity or a hybrid of those species.
* * * * * § 147.102. [Examination] Application, examination and fees.
[(a) New falconers shall begin at the apprentice class and are required to pass a supervised examination with a grade of 80%. Falconry examinations will be provided or approved by the United States Fish and Wildlife Service. Examinations will be given from January 1 to June 30 of each year at each regional headquarters building. The examination may relate to basic biology, care and handling of raptors, literature, regulations and other appropriate subject matter.
(b) The basic permit fee--whether a raptor is possessed or not--is $25, which authorizes the permittee to possess one raptor. Each additional raptor held shall require an extra fee of $25. A raptor acquired during the permit year requires an added fee of $25 payable within 10 days after receipt of the falconry bird.]
(a) Application. Applications for falconry permits issued under this subchapter shall be made through the regional office on the appropriate form provided by the Commission.
(1) Applications will only be accepted from persons who possess a valid hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to license and fee exemptions).
(2) Applications must include the name, address and telephone number of the applicant, a photocopy of the applicant's valid Pennsylvania hunting license and a nonrefundable examination fee of $25.
(3) Applicants who are 17 years of age or younger are additionally required to have a parent or legal guardian co-sign the application and assume legal responsibility for the applicant's falconry activities.
(b) Examination.
(1) New applicants shall pass a supervised examination with a minimum grade of 80%.
(2) Examinations must cover the following subjects:
(i) Laws and regulations.
(ii) Raptor biology and raptor identification.
(iii) Trapping methods.
(iv) Facilities requirements.
(v) Care of raptors held for falconry.
(vi) Disease and health problems of raptors.
(vii) Training methods.
(3) Examinations are administered by the Commission at each regional office from January 1 to June 30 each year.
(c) Validation. A new applicant's falconry permit is validated at the apprentice class only upon passage of the supervised examination, passage of facility inspection, and payment of the falconry permit fee set forth in section 2904 of the act (relating to permit fees).
(d) Lapsed permit. A falconer whose permit lapses for 2 or more years shall apply as a new applicant.
§ 147.103. Classes [of permits].
(a) [Apprentice. A permittee shall be 16 years of age or older.
(1) A sponsor, who is the holder of a valid Federal and Pennsylvania general or master falconry permit, is required for a permittee in the apprentice class. An apprentice permittee shall notify the Commission in writing within 5 days after sponsorship has been withdrawn.
(2) A permittee may not have more than one raptor and may not obtain more than one raptor for replacement during a permit year. A first year permittee may take only one raptor with no replacement.
(3) A permittee shall possess only an American Kestrel--Falco sparverius--a Red Tailed Hawk--Buteo jamaicensis--or a Red Shouldered Hawk--Buteo lineatus.
(4) The raptor held by an apprentice shall be taken from the wild.
(b) General. A permittee shall be at least 20 years of age.
(1) A permittee who has been licensed at least 2 years as an apprentice falconer and has had a raptor in possession for at least 12 months of that time may be moved to the next higher classification. A sponsor for an apprentice shall certify in writing that the apprentice is qualified to become a general falconer.
(2) A permittee may not have more than two raptors in his possession and may not take more than two raptors for replacement birds during a permit year. For the first permit year at the general class, a permittee may take one raptor in addition to the one possessed as an apprentice and also take one replacement.
(3) A permittee may not take, transport or possess a Golden Eagle or a species listed as endangered or threatened by the United States Department of Interior or the Commission.
(c) Master. A permittee shall be at least 25 years of age.
(1) A permittee who has at least 5 years of falconry experience in the practice of falconry at the general class and had a raptor in possession for 30 months of this time may be moved to the master classification.
(2) A permittee may not possess more than three raptors, and may not take more than two raptors for replacements during a permit year. For the first permit year at the master class, one raptor may be taken in addition to the two which may be possessed as a general falconer and one raptor may be taken as a replacement.
(3) A permittee may not take, transport or possess a species listed as endangered on a United States Department of Interior or Commission list.
(4) A permittee may not take, transport or possess a Golden Eagle for falconry purposes unless authorized in writing by both the United States Fish and Wildlife Service and the Commission.
(5) A permittee may not take, transport or possess as part of the three bird limitation, more than one raptor listed as threatened on United States Department of Interior or Commission list and then only in compliance with all Federal requirements and written permission of the Commission.]
Apprentice. Permittees of the apprentice class shall be subject to the following requirements and limitations:
(1) Permittees shall be 12 years of age or older.
(2) Permittees shall be sponsored, at all times, by a Pennsylvania general or master class falconry permit holder. If a permittee's sponsorship is withdrawn or lost for any reason, the permittee shall provide written notification of the loss to the Commission within 5 days and shall be required to replace the sponsorship within 15 days.
(3) A first year permittee of this class may take and possess only one raptor with no replacement during the first permit year. Other permittees of this class may take and possess only one raptor with only one replacement during each permit year.
(4) Permittees are limited to taking and possessing only wild passage (no eyases) raptors of the following species:
(i) American Kestrel (Falco sparverius).
(ii) Red-tailed Hawk (Buteo jamaicensis).
(5) Permittees are required to trap their first passage raptor under the direct supervision of a Pennsylvania general or master class falconry permit holder.
(b) General. Permittees of the general class shall be subject to the following requirements and limitations:
(1) Permittees shall be 18 years of age or older.
(2) General class permit applicants shall have maintained their apprentice class permit status in good standing for a minimum of 2 years and during that period shall have maintained a raptor for a minimum of 12 months. An application to advance to the general class shall be accompanied by a written letter of recommendation from the permittee's sponsor representing that the permittee possesses the competency and skills necessary to become a member of the general class.
(3) A first year permittee of this class may take only one additional raptor and possess up to a total of two raptors with only one replacement during the first permit year. Other permittees of this class may possess up to a total of three raptors with two replacements during each permit year. Captive-bred raptors shall be included in these quota limits.
(4) Except as further limited under § 147.109 (relating to restrictions on taking raptors), permittees are authorized to take and possess any wild passage or eyas raptors except the following species:
(i) Golden Eagle (Aquila chrysaetos).
(ii) Bald Eagle (Haliaeetus leucocephalus).
(iii) White-tailed Eagle (Haliaeetus albicilla).
(iv) Steller's Sea-eagle (Haliaeetus pelagicus).
(v) Other raptor species listed or classified as threatened or endangered by the United States Department of Interior or the Commission.
(c) Master. Permittees of the master class shall be subject to the following requirements and limitations:
(1) Permittees shall be 23 years of age or older.
(2) Master class permit applicants shall have maintained their general class permit status in good standing for a minimum of 5 years and during that period shall have maintained a raptor for a minimum of 3 years.
(3) A first year permittee of this class may take only one additional raptor and possess up to a total of four raptors with only one replacement during the first permit year. Other permittees of this class may possess up to a total of five raptors with two replacements during each permit year. Captive-bred raptors will not be included in these quota limits.
(4) Except as otherwise provided under § 147.109 and paragraph (5), permittees are authorized to take and possess any wild passage or eyas raptors except the following species:
(i) Golden Eagle (Aquila chrysaetos).
(ii) Bald Eagle (Haliaeetus leucocephalus).
(iii) White-tailed Eagle (Haliaeetus albicilla).
(iv) Steller's Sea-eagle (Haliaeetus pelagicus).
(v) Other raptor species listed or classified as threatened or endangered by the United States Department of Interior or the Commission, unless authorized in writing by the United States Department of Interior or the Commission, or both, to possess up to a maximum of one threatened or endangered raptor as part of their total possession allowance.
(5) Upon additional written authorization provided by the Commission, permittees may possess up to a maximum of three eagles, regardless of captive-bred or wild caught, limited to golden eagles, white-tailed eagles and Steller's sea-eagles, as part of their total possession allowance. An application to possess eligible eagles shall be accompanied by two written letters of recommendation from persons with experience handling or flying, or both, large raptors, such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis) or great horned owls (Bubo virginianus). Each letter of reference must contain a concise history of the author's experience with large raptors and an explicit representation that the permittee possesses the competency and skills necessary to possess eagles.
§ 147.104. [Facilities] Shelter, care and protection.
(a) [The primary consideration for raptor housing facilities, whether indoors or outdoors, is protection from the environment, predators and undue disturbance. Each falconer or applicant shall have indoor or outdoor facilities, or both, as described in paragraphs (1) and (2). The facilities shall be constructed so that the raptor being housed is provided with adequate protection at all times.
(1) Indoor facilities. Mews shall be sufficient to allow easy access for caring for the raptors in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered, or separated by partitions, and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The mews floor shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.
(2) Outdoor facilities. Weathering areas shall be fenced and covered with netting or wire, or roofed to protect birds from disturbance and attack by predators. Perches more than 6 1/2 feet high need not be covered or roofed. The enclosed area shall be large enough to ensure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches shall be provided.
(b) If a falconer has only a single facility of an outdoor type where the bird is kept permanently tied, the facility shall be entirely enclosed with fencing material, regardless of the height of the perch, and the facility shall be constructed so that the raptor is able to seek refuge from extreme climatic conditions and disturbance. If a falconer has only a single facility of the indoor type, the raptors may not be weathered unless the bird is weathered on the fist.]
Housing. Any raptor possessed under a falconry permit shall be housed in a permanent indoor or outdoor facility that provides humane and healthful living conditions, including suitable protection from the environment, predators and other disturbances.
(1) Size. Housing facilities must be large enough to afford the permittee easy access to provide for the care and feeding of raptors housed within. Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings and bate without damaging its feathers or contacting other raptors.
(2) Containment. Housing facilities must be totally enclosed and of a design, strength, quality and condition to provide for the adequate containment of any raptor housed within and exclusion of any predators from without. If two or more raptors are housed in the same housing facilities, each raptor shall be separated from other raptors by partitioning walls or suitable tethering. Compatible raptors may be housed together.
(3) Protection. Housing facilities must provide areas of refuge that provide adequate protection from excessive sun, wind, inclement weather and disturbance to any raptor housed within.
(4) Perches. Housing facilities must provide a suitable perch for each raptor housed within.
(5) Sunlight. Housing facilities must provide at least one opening or window to permit the admission of sunlight. The opening or window must be protected on the inside with visible bars spaced narrower than the width of the raptor's body to deter in flight impacts.
(6) Cleaning and drainage. Housing facilities must be of a design and condition to permit easy cleaning and adequate drainage.
(7) Transportation. Raptors may be transported to and from their permanent or temporary housing facilities provided they have a suitable perch and protection from extreme temperatures, wind and excessive disturbance.
(8) Temporary housing. Raptors may be housed outside of their permanent housing facilities, provided they have a suitable perch and protection from extreme temperatures, wind and excessive disturbance for a period not to exceed 30 days without additional authorization from the Commission. Permittees are required to notify the district wildlife conservation officer within 5 days of the commencement of utilizing a temporary housing facility.
(b) Equipment. Permittees shall possess the following equipment suitable for the maintenance of raptors:
(1) Jesses. At least one pair of Alymeria jesses or jesses of similar type or design and constructed of pliable, high quality leather or suitable synthetic material for use when free flying the raptor. Traditional one piece jesses may only be used for hunting or free flight if they do not have slits.
(2) Leashes and swivels. At least one flexible weather resistant leash and one strong swivel.
(3) Bath container. At least one suitable container accessible to each raptor for drinking and bathing purposes. The container must be 2 to 6 inches deep and wider than the length of one raptor.
(4) Outdoor perches. At least one suitable weathering area perch for each raptor.
(5) Weighing device. A reliable scale or balance suitable for weighing raptors. The device shall be graduated in increments of not more than 1/2 ounce or 15 grams.
(c) Maintenance, care and sanitation. Permittees shall maintain all raptors and their attendant housing facilities in safe, sanitary and humane condition.
(1) Food. Permittees shall provide each raptor with adequate supplies of palatable, uncontaminated and nutritionally adequate food suitable to ensuring the normal health and maintenance of raptors.
(2) Water. Permittees shall provide each raptor with adequate supplies of fresh, uncontaminated water that is available at all times.
(3) Waste. Permittees shall remove fecal, food and other waste from housing facilities as needed.
(4) Care. Permittees shall provide any necessary health care or seek care through a licensed veterinarian or wildlife rehabilitator for any sick or injured raptor.
(d) Inspection. A permittee's raptors, housing facilities, equipment and records are subject to inspection by the Commission during normal business hours on any day of the week. All housing, equipment, maintenance, care and sanitation conditions are subject to the initial and ongoing approval of the Commission. Any required modifications shall be completed within 30 days after official oral or written notice of deficiency received from the Commission.
§ 147.105. [Equipment] (Reserved).
[The following items shall be in the possession of the applicant before a permit or license will be granted:
(1) Jesses. At least one pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material shall be used when a raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown.
(2) Leashes and swivels. At least one flexible weather-resistant leash and one strong swivel.
(3) Bath container. At least one suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for a raptor.
(4) Outdoor perches. At least one weathering area perch of an acceptable design shall be provided for each raptor.
(5) Weighing device. A reliable scale or balance suitable for weighing the raptor held and graduated in increments of not more than 1/2 ounce--15 grams--shall be provided.]
§ 147.105a. Taking restrictions for resident falconers.
Taking restrictions for resident falcons are as follows:
(1) A valid falconry permit is required prior to obtaining a raptor.
(2) Eyases may only be taken by a General or Master falconer. No more than two wild eyases may be taken by the same permittee per permit year. Permittee may not take the last remaining eyas from the nest.
(3) A raptor, other than an endangered or threatened species, taken under a depredation permit or rehabilitated by a licensed rehabilitator determined to be unfit for return to the wild, may, with written authorization of the Commission, be used by falconers as long as they do not exceed limits set by its classification and this subchapter.
(4) A bal-chatri type live trap, other live traps and nets may be used for taking raptors if they are used in a manner which minimizes the danger of injuring the raptor.
(5) Owners of escaped raptors which are banded as required by § 147.107 (relating to marking of certain raptors) may recapture the banded raptors.
(6) Permittees may take no more than two raptors from the wild during any given permit year for replacement or other purposes regardless of their permit quota allowances.
§ 147.106. [Maintenance] (Reserved).
[Facilities and equipment shall be kept at or above standards in this subchapter.]
§ 147.106a. Nonresident falconers.
(a) Temporary importation. A nonresident may temporarily import raptors into this Commonwealth for the purpose of attending a falconry meeting or to hunt, provided the possession and importation of the raptors is in compliance with applicable Federal and State laws and regulations. The temporary importation may not exceed 30 days without additional authorization from the Commission.
(b) Permanent importation. A nonresident who moves into this Commonwealth for the purpose of becoming a resident may permanently import raptors into this Commonwealth provided the following conditions are met:
(1) Possession and importation of the raptors is otherwise in compliance with applicable State and Federal laws and regulations.
(2) Establish permanent housing facilities for the raptors that meet or exceed the requirements of § 147.104 (relating to shelter, care and protection) within 30 days of importation.
(3) Obtain a Pennsylvania falconry permit no later than 60 days after relocation into this Commonwealth. A relocating nonresident is eligible to receive a Pennsylvania falconry permit of the same or equivalent classification. The falconry permit issued by the former state of residence will be deemed the nonresident's temporary authority to possess and exercise imported raptors until the Pennsylvania permit is issued. This temporary authority may not be construed to permit the taking of additional raptors from the wild in this Commonwealth.
(c) Taking restrictions. Taking restrictions for nonresidents are as follows:
(1) A nonresident permittee possessing a current and active falconry permit in the General or Master classification in a state listed in 50 CFR 21.29(k) (relating to Federal falconry standards), may apply for a special permit to take one raptor from the wild in this Commonwealth if the home state of the applicant allows the taking of raptors by nonresidents.
(2) The fee for a permit to take a raptor is $100 and is not refundable.
(3) Applications for this permit shall be submitted directly to the Bureau of Wildlife Protection with the applicant's name, address, telephone number, date of birth, and the species desired and whether a nestling (eyas) or passage bird is requested. Copies of the applicant's current state or Federal, or both, falconry permit along with a valid import permit or letter from the applicant's home state authorizing the import of the raptor being requested must accompany the application. A certified check or money order in the amount of $100 payable to ''Pennsylvania Game Commission'' must accompany the application.
(4) Applications may only be submitted between January 1 and December 1, annually.
(5) Periods for taking raptors as authorized under a nonresident take permit are May 8 to July 15, inclusive for nestling (eyas) birds, or September 19 to December 31, inclusive for passage birds.
(6) A permittee may not take the last remaining nestling--eyas--from a nest.
(7) The number of permits issued annually will not exceed:
Number Type 5 Nestling (Eyas) 15 Passage (8) Eyas Goshawk birds may not be taken.
(9) Permits will be issued under a first-come-first-served basis until the annual allocation is exhausted.
(10) The acquisition of a raptor taken from the wild as authorized by the take permit shall be reported to the United States Fish and Wildlife Service by completing a Form 3-186A (Migratory Bird Acquisition and Disposition Report) and forwarding a copy to the Bureau of Wildlife Protection within 5 days.
(11) Marking of certain raptors shall be in compliance with the requirements of the home state of the falconer.
(12) Raptors taken under the authority of this permit shall be used for falconry purposes only.
§ 147.107. [Transportation-temporary holding] (Reserved).
[A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.]
§ 147.107a. Marking of certain raptors.
(a) Banding. The following raptors possessed for falconry purposes shall be immediately banded upon capture by either a seamless numbered band or a permanent, numbered, nonreusable band supplied by the United States Fish and Wildlife Service or the Commission:
(1) Peregrine Falcons (Falco peregrinus).
(2) Goshawks (Accipiter gentilis).
(3) Gyrfalcons (Falco rusticolus).
(4) Harris Hawks (Parabuteo unicinctus).
(5) Captive bred raptors and/or hybrid raptors.
(b) Replacement bands. The Commission will replace any band required by subsection (a) that has become mutilated, illegible or lost. The permittee shall report any damage or loss requiring replacement to the Bureau of Wildlife Protection within 72 hours of the damage or lost band. A band which is mutilated or no longer legible shall be returned to the Commission prior to replacement.
(c) Return of bands.
(1) Removal and return of used bands. Permittees shall remove bands from any raptor that expires, is released into the wild, or no longer requires banding under subsection (a). Golden Eagles banded prior to January 1, 2010, may retain their leg bands. Permittees shall return any removed bands to the Bureau of Wildlife Protection within 5 days.
(2) Return of unused bands. Permittees shall return any unused bands in their possession by June 30 to the Bureau of Wildlife Protection.
(d) Radio transmitters. Permittees shall attach two radio transmitters on any hybrid raptor that is flown for falconry purposes or for a falconry demonstration for the purpose of relocation if lost.
(e) Unlawful acts. It is unlawful for any person to transfer, alter or deface a lawfully issued band or to use or possess a counterfeit band. This subsection may not be construed in any manner to prohibit a permittee from removing the rear tab or smoothing rough or imperfect surfaces if the integrity of the band and numbering is not diminished.
§ 147.108. [Inspection] (Reserved).
[Falconry equipment shall be inspected and certified annually by a representative of the Commission. Equipment shall meet or exceed standards in this subchapter.]
§ 147.108a. Reporting requirements.
(a) Raptor acquisition, transfer or disposition report. Permittees shall complete and submit a Form 3-186A (Migratory Bird Acquisition and Disposition Report) to the United States Fish and Wildlife Service and forward a copy to the Bureau of Wildlife Protection within 5 days for the following types of transactions or events:
(1) The acquisition of a raptor taken from the wild or received by transfer from another person.
(2) The loss of a raptor previously held through release, escape, theft or death.
(3) The transfer of a raptor to another person.
(4) The banding or rebanding of any raptor which requires banding.
(5) The loss or removal of banding from any raptor that does not presently require banding.
(b) Annual report. Permittees shall complete and submit an annual report to the Bureau of Wildlife Protection by July 31 on forms supplied by the Commission. These reports must include an accurate accounting of all activities conducted under the authority of their falconry permit during the preceding permit year. Permittees shall complete and submit a similar report within 30 days of the termination of their permit.
§ 147.109. [Restrictions on taking raptors] (Reserved).
[(a) Taking restrictions for residents are as follows:
(1) A valid falconry permit is required prior to obtaining a raptor.
(2) Young wild birds not yet capable of flight-- eyases--may only be taken by a general or master falconer, and only during the period April 1 to April 7 inclusive and May 8 to July 15 inclusive. Great Horned Owl eyases may be taken from March 15 to March 21 inclusive. No more than two wild eyases may be taken by the same permittee during specified periods.
(3) First year wild-passage-birds may be taken during the period September 19 to December 31, inclusive.
(4) Adult American Kestrels (Falco sparverius) and Great Horned Owls (Bubo virginianus) may be taken during the period September 19 to December 31, inclusive.
(5) A raptor, other than an endangered or threatened species, taken under a depredation permit or rehabilitated by a licensed rehabilitator determined to be unfit for return to the wild may, with written authorization of the Commission, be used by falconers as long as they do not exceed limits set by its classification and this subchapter.
(6) A bal-chatri type live trap, other live traps and nets may be used for taking raptors if they are used in a manner which minimizes the danger of injuring the raptor.
(7) Owners of escaped raptors which are banded as required by the United States Fish and Wildlife Service may recapture the banded raptors.
(b) Taking restrictions for nonresidents are as follows:
(1) A nonresident possessing a current and active falconry permit in the General or Master Classification in a state listed in 50 CFR 21--29(k) (relating to Federal falconry standards), may apply for a special permit to take a raptor in this Commonwealth if the home state of the applicant allows the taking of raptors by nonresidents.
(2) The fee for a permit to take a raptor is $100 and is not refundable.
(3) Applications for this permit shall be submitted directly to the Commissions' Bureau of Law Enforcement and shall state the applicants name, address, date of birth, telephone number and the species desired and whether a nestling (eyas) or passage bird is requested. Copies of the applicant's current state or Federal, or both, falconry permit along with a valid import permit or letter from the applicant's home state authorizing the import of the raptor being requested shall accompany the application. A certified check or money order in the amount of $100 payable to ''Pennsylvania Game Commission'' shall accompany the application.
(4) Applications may only be submitted between January 1 and August 15 annually.
(5) Periods for taking raptors as authorized under a nonresident take permit are May 8 to July 15 inclusive for nestling (eyas) birds or September 19 to December 31, inclusive for passage birds.
(6) A permittee may not take the last remaining nestling--eyas--from a nest.
(7) The number of permits issued annually will not exceed:
Number Type 5 Nestling (Eyas) 15 Passage (8) Eyas Goshawk birds may not be taken.
(9) Permits will be issued under a first-come-first-served procedure until the annual allocation is exhausted.
(10) The acquisition of a raptor taken from the wild as authorized by the take permit shall be immediately reported to the Commission by completing a Form 3-186A (Migratory Bird Acquisition and Disposition Report) and forwarding a copy to the Bureau of Law Enforcement, Technical Services Division.
(11) Marking of certain raptors shall be as directed in 50 CFR 21.28(d)(7) (relating to falconry permits).
(12) Raptors taken under the authority of this permit shall be used for falconry purposes only.]
§ 147.109a. Hunting and training with raptors.
(a) Permittees may only hunt wildlife through the use of raptors in accordance with the requirements of the act and this part.
(b) Permittees may train raptors or propagated game birds during the period August 1 to March 31, inclusive, and are subject to the following conditions:
(1) Quarry shall be released either by hand or by means of electronic, spring or box holding devices.
(2) Game birds released shall be obtained from a licensed propagator.
(3) Released game birds which escape shall be considered wild birds, and no further attempt shall be made to pursue them except during the open season for hunting small game.
(c) Permittees shall possess their hunting license and falconry permit on their person at all times while engaged in any raptor hunting or training activities.
§ 147.110. [Marking of certain raptors] (Reserved).
[Marking of certain raptors shall be as follows:
(1) No Peregrine Falcon, Gyrfalcon or Harris Hawk may be taken, possessed or transported for falconry purposes unless the raptor is banded by either a seamless numbered band or by a permanent, numbered, nonreusable band supplied by the United States Fish and Wildlife Service. Permanent, numbered, nonreusable bands may be obtained by directing a written request to the Harrisburg headquarters of the Commission. The band shall be attached to the raptor immediately upon capture. A band is not transferable.
(2) A band which is required for Peregrine Falcons, Gyrfalcons, Harris Hawks and captive bred raptors that has been mutilated, becomes illegible or lost shall be reported within 72 hours to the Harrisburg headquarters of the Commission. A band which is mutilated or no longer legible shall be returned with the request for replacement. Replacement bands will be issued only for Peregrine Falcons, Gyrfalcons, Harris Hawks and captive bred raptors. A rebanding shall be reported to the United States Fish and Wildlife Service on a Form 3-186A, submitted within 5-calendar days from the date of the rebanding.
(3) A United States Fish and Wildlife Service Form 3-186A shall be completed for each other raptor which no longer requires banding when the presently attached band becomes mutilated, illegible or lost. The Form 3-186A shall be submitted directly to the United States Fish and Wildlife Service within 5-calendar days of the mutilation, illegibility or loss of the band. Bands removed as a result of mutilation or illegibility shall be returned to the Harrisburg headquarters of the Commission within 5-calendar days following their removal.
(4) It is unlawful for a person to alter or deface a band. A permittee may remove the rear tab and smooth an imperfect surface, if the integrity of the band and numbering is not affected. It is unlawful to use or possess a counterfeit band.
(5) A band shall be removed from a raptor which dies or is intentionally released into the wild and shall be forwarded to the Harrisburg headquarters of the Commission, within 5-calendar days, along with a report of the probable cause of death or the area of release.
(6) Unused bands in possession on July 16 or January 1 shall be returned to the Harrisburg headquarters of the Commission within 72 hours.]
§ 147.110a. [Raptor acquisition, transfer or disposition reporting] (Reserved).
[A United States Fish and Wildlife Service Form 3-186A (migratory bird acquisition and depostion report) shall be completed and submitted directly to the United States Fish and Wildlife Service within 5-calendar days following the date of transaction as follows:
(1) The acquisition of a raptor taken from the wild or received by transfer.
(2) Tho loss of a raptor held through its release, escape, theft or death.
(3) The transfer of raptor to another person.
(4) The rebanding of a raptor which requires banding.
(5) The loss, mutilation or illegibility of a previously attached band for a raptor held which does not presently require banding.]
§ 147.110b. Educational use of raptors.
(a) Falconry and raptor lectures. Permittees may engage in noncommercial educational lecture activities using live raptors subject to the following conditions:
(1) The educational lecture activities shall be focused on the natural history of raptors, the conservation of raptors, the sport of falconry and other related topics.
(2) The educational lecture activities shall be conducted by permittee's of the General or Master class only.
(3) Raptors used in educational lecture activities may not have physical contact with members of the audience or general public.
(4) Raptors used in educational lecture activities shall be maintained either tethered and on the permittee's gloved hand or in a transport carrier. No flight is permitted.
(5) The permittee may not receive any form of compensation for the lecture.
(6) The permittee is encouraged, but not required, to notify the regional office in advance of conducting any scheduled educational lecture activities.
(b) Falconry demonstrations. Permittees may engage in noncommercial falconry demonstrations using live raptors subject to the following conditions:
(1) Falconry demonstrations shall be conducted by permittees of the General or Master class only.
(2) Raptors used in falconry demonstrations activities shall not have any physical contact with members of the audience or general public.
(3) Outdoor raptor free-flight demonstrations may be conducted by permittees of the Master class only.
(4) Indoor raptor flight demonstrations shall be conducted with the raptor tethered in a manner that prevents physical contact with the audience or general public or with physical structures such as walls, windows or furniture. Indoor raptor free-flight demonstrations are strictly prohibited.
(5) The permittee may not receive any form of compensation for the falconry demonstration.
(6) The permittee shall notify the regional office in writing at least 5 days in advance of conducting any scheduled falconry demonstration activities.
(c) Other educational uses of raptors. Permittees may engage in other forms of noncommercial educational activities using live raptors, such as photography or filming, subject to the following conditions:
(1) The activities shall be focused on the natural history of raptors, the conservation of raptors, the sport of falconry and other related topics.
(2) The permittee may not receive any form of compensation for the activity.
(3) The permittee may not use raptors for entertainment, advertisements, promotion or endorsements of any products, merchandise, goods, services, meetings, fairs or as a representation of any business, company, corporation or other organization.
§ 147.111. [Hunting with raptors] (Reserved).
[(a) Wild birds and animals may be hunted only in accordance with the act and this part.
(b) The training of raptors by holders of valid falconry permits on liberated propagated game birds during the period August 1 to March 31, inclusive, is permitted, subject to the following conditions:
(1) Quarry shall be released either by hand or by means of electronic, spring or box holding devices.
(2) Game birds released shall be obtained from a licensed propagator.
(3) Released game birds which escape shall be considered wild birds, and no further attempt shall be made to pursue them except during the open season for hunting small game.
(4) Raptors may be used to take game birds on a licensed regulated hunting ground.]
§ 147.111a. Additional requirements for permittee.
(a) Permittees are prohibited from propagating raptors held under the authority of a falconry permit unless they possess a joint State/Federal raptor propagation permit.
(b) A permittee whose permit lapses or is otherwise suspended or revoked shall return any raptors possessed into the wild by hacking-back, transfer the raptors to another permitted falconer or forfeit the raptors to the Commission. Propagated, hybrid and nonindigenous raptors may not be released into the wild.
(c) A permittee may not sell, purchase, barter or offer to sell, purchase or barter a propagated raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the United States Fish and Wildlife Service or the Commission.
(d) If a permittee's raptor unintentionally injures or kills any wildlife during a closed season while engaged in falconry activities, the permittee shall comply with the notification and reporting requirements in section 2306 of the act (relating to killing game or wildlife by mistake). The permittee will not be required to pay any restitution fees unless the injury or taking is determined to be the result of carelessness or negligence. The permittee is not required to put the carcass of the injured or killed wildlife in a place of safekeeping, but rather may leave the carcass in the field and allow the raptor to feed upon it. Once the raptor is finished feeding, it may not be hunted the rest of that day.
(e) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by a properly completed United States Fish and Wildlife Service Form 3-186A designating the permittee as the possessor of record and by a signed, dated statement from the permittee. If the period of care will exceed 30 days, written permission shall be obtained from the Commission. Illness or disability of the permittee would be cause for temporary transfer of the raptors to another authorized person for care. The Commission shall be notified of this action within 5 days following the temporary transfer. Final disposition of the raptors will be at the discretion of the Commission.
(f) Molted feathers, or feathers from birds held in captivity that die, may be retained by the permittee for imping purposes only. Molted feathers and retrices from a golden eagle shall be collected and used for imping purposes or submitted to the National Eagle Repository.
(g) Carcasses of dead raptors shall be disposed in a proper waste receptacle or buried underground unless otherwise authorized by the Commission. The entire carcass of dead golden eagles, including all feathers, talons and other parts shall be submitted to the National Eagle Repository.
(h) Propagated, hybrid and nonindigenous raptors may not be intentionally released into the wild without prior written approval of the Commission.
(i) A sponsor may not have more than three apprentices at one time.
§ 147.112. [Nonresident falconers] (Reserved).
[(a) A nonresident of this Commonwealth who possesses Federal falconry permits or falconry permits issued by states designated as participants in a joint Federal/state falconry permit system may bring a raptor legally possessed by the nonresident under authority of the falconry permit into this Commonwealth to attend falconry meets or to hunt if:
(1) No laws or regulations of other states are violated.
(2) No Federal laws are violated.
(3) A nonresident Pennsylvania hunting license is obtained and hunting regulations are observed.
(b) A nonresident of this Commonwealth who possesses Federal falconry permits or falconry permits issued by states designated as participants in a joint Federal/State falconry permit system who moves into this Commonwealth for the purpose of becoming a resident may bring legally possessed raptors if required facilities are constructed within 30 days, and the nonresident applies for a Pennsylvania falconry permit no later than 60 days after moving to this Commonwealth. A permit in the same classification as held in the previous state of residence may be issued without a written examination. The falconry permit issued by the former state of residence will be authority to possess andexercise raptors until a Pennsylvania permit is obtained, if no raptors are taken from the wild and raptors are not used to take quarry without a valid Pennsylvania hunting license.]
§ 147.112a. Violations.
The Director may deny, revoke or suspend any permit for any violation of this subchapter upon written notice to the permittee.
§ 147.113. [Miscellaneous] (Reserved).
[(a) A person holding raptors under authority of a falconry permit shall possess a current hunting license. The hunting license shall be displayed while hunting wildlife with raptors. The falconry permit, or a facsimile thereof, shall be carried by the permittee when engaged in the sport of falconry.
(b) Captive breeding attempts, using raptors held under authority of falconry permits, are prohibited unless otherwise permitted under Federal law and then only under authority of a joint Federal/State permit.
(c) No permit will be renewed if the facilities do not meet the requirements of § 147.105 (relating to equipment).
(d) A person having a raptor in his possession whose falconry permit is not renewed or is revoked with cause has 30 days to return the birds to the wild by hacking-back or shall forfeit the raptors to the Commission. A raptor not indigenous to this Commonwealth shall be transferred to a licensed falconer or forfeited to the Commission.
(e) A permittee may not sell, purchase, barter or offer to sell, purchase or barter a raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the United States Fish and Wildlife Service.
(f) If a person, while engaged in the sport of falconry, unintentionally injures or kills wildlife which could not legally be killed at that time, the person shall notify the regional office servicing the area within 12 hours of the injury or killing. The wildlife injured or killed shall be put in a place of safe keeping and may be disposed of only as specified by a Commission officer.
(g) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by a properly completed United States Fish and Wildlife Service Form 3-186A designating the permittee as the possessor of record and by a signed, dated statement from the permittee. If the period of care will exceed 30 days, written permission shall be obtained from the Commission. Illness, disability or death of the permittee would be cause for temporary transfer of the raptors of the permittee to another authorized person for care. The Commission shall be notified of this action within 5-calendar days following the temporary transfer. Final disposition of the raptors will be at the discretion of the Commission.
(h) Molted feathers, or feathers from birds held in captivity that die, may be retained by the permittee for imping purposes only.
(i) A permittee may transfer a raptor to another permittee if the transfer occurs entirely within this Commonwealth and a properly completed Form 3-186A is submitted to the United States Fish and Wildlife Service by each permittee as required.
(j) A permittee may transfer a raptor to or receive a raptor from another permittee in an interstate transaction if a properly completed Form 3-186A is submitted to the United States Fish and Wildlife Service by each permittee as required.
(k) Raptors which die shall be reported on a properly completed Form 3-186A submitted to the United States Fish and Wildlife Service as required. Carcasses of dead raptors shall be buried unless otherwise authorized by the Commission.
(l) A raptor which is not indigenous to the Commonwealth may not be intentionally released to the wild without prior written approval of the Commission.
(m) Captive bred and hybrid raptors used for falconry shall be included as part of the permittee's possession limit.
(n) Raptors held under authority of a falconry permit may be used for falconry. They cannot be used for another purpose except falconry demonstrations, which shall include the actual flying of the raptor. A notice of scheduled falconry demonstrations shall be submitted in writing to the regional office in charge of that area at least 5 days prior to the event. The notice shall set forth the location, date and time of the falconry demonstration.
(o) A permittee who refuses sponsorship of an applicant shall report the reasons for refusal to the Commission in writing within 10 days upon written request of the Commission.
(p) A sponsor may not have more than three apprentices at one time.
(q) This subchapter does not prohibit activities which are otherwise permitted.]
§ 147.114. [Annual report] (Reserved).
[An annual report shall be submitted on forms supplied by the Commission and approved by the United States Fish and Wildlife Service by July 31 of each year whether or not renewal is requested. A similar report is required upon termination of the permit. This report shall be an accurate account of all activities carried on under authority of the permit.]
[Pa.B. Doc. No. 09-1612. Filed for public inspection August 28, 2009, 9:00 a.m.]
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