PROPOSED RULEMAKING

[ 58 PA. CODE CH. 147 ]

Special Permits; Falconry

[44 Pa.B. 5213]
[Saturday, August 2, 2014]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 10, 2014, meeting, proposed to amend §§ 147.101 and 147.103 (relating to definitions; and classes) to make it clear that ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13 (relating to list of migratory birds).

 The proposed rulemaking will not have an 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 June 10, 2014, meeting of the Commission. Comments can be sent, until September 19, 2014, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The United States Fish and Wildlife Service (Service) recently amended the definition of ''hybrid'' in 50 CFR 21.3 (relating to definitions) to include any bird that results from a cross of genetic material between two separate taxa when one or both are listed in 50 CFR 10.13. See 78 FR 65576 (November 1, 2013). This revision clarified that ''hybrid'' includes any bird resulting from propagation when only one parent is defined as a migratory bird. The previous definition required both parents to be defined as a migratory bird. The previous definition created difficulties due to its inconsistency with the Service's longstanding interpretation of the same term under the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703—712) as requiring only one parent to be defined as a migratory bird. The Commission is proposing to amend §§ 147.101 and 147.103 to make it clear that ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13. Adoption of this amendment will maintain the Commonwealth's necessary compliance with the applicable Federal regulations concerning falconry to continue this program in this Commonwealth.

 Section 2901(b) of the code (relating to authority to issue permits) provides that ''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 §§ 147.101 and 147.103 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend §§ 147.101 and 147.103 to make it clear that ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13.

3. Persons Affected

 Persons wishing to engage in falconry activities within this Commonwealth will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 The proposed rulemaking will be effective upon final-form 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.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: 48-368. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

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:

*  *  *  *  *

 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.] Any bird that results from a cross of genetic material between two separate taxa when one or both are listed in 50 CFR 10.13 (relating to list of migratory birds) and any progeny of those birds.

*  *  *  *  *

§ 147.103. Classes.

*  *  *  *  *

 (b) General. Permittees of the general class shall be subject to the following requirements and limitations:

*  *  *  *  *

 (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 and hybrid raptors shall be included in these quota limits.

*  *  *  *  *

 (c) Master. Permittees of the master class shall be subject to the following requirements and limitations:

*  *  *  *  *

 (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 each possess a total of five raptors with two replacements during each permit year. Hybrid raptors shall be included in these quota limits. Captive-bred raptors not defined as hybrid will not be included in these quota limits.

*  *  *  *  *

[Pa.B. Doc. No. 14-1628. Filed for public inspection August 1, 2014, 9:00 a.m.]

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