RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CHS. 133 AND 147 ]
Wildlife Classification of Birds; Special Permits for Falconry
[45 Pa.B. 1363]
[Saturday, March 21, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting adopted amendments to §§ 133.21 and 147.101 (relating to classification of birds; and definitions) and adopted § 147.111b (relating to Arctic Peregrine Falcon limited take special permit) to authorize the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth by qualified falconers.
The final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 44 Pa.B. 7074 (November 8, 2014).
1. Purpose and Authority
The United States Fish and Wildlife Service (Service) has the authority to grant states within the Atlantic Flyway the ability to permit certain qualified falconers the opportunity to take Arctic Peregrine Falcons (Falco peregrinus tundrius) for falconry purposes. Although various states within the Atlantic Flyway currently participate in the limited allowable take of Arctic Peregrine Falcons (Falco peregrinus tundrius), the Commonwealth does not.
For the Commission and qualified falconers in this Commonwealth to participate in this program, it must amend its regulations to distinguish between Arctic Peregrine Falcons (Falco peregrinus tundrius) and Peregrine Falcons (Falco peregrines anatum) which are currently listed as a Pennsylvania endangered species. Furthermore, the Commission must define the allowable take to establish limitations on the number of Arctic Peregrine Falcons (Falco peregrinus tundrius) that can be taken in any given permit year. Finally, the Commission must establish a special permit program that includes eligibility criteria as well as application and issuance standards.
Upon the establishment of this regulatory structure, the Commission will seek approval from the Service for the Commonwealth and qualified falconers to participate in the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth. The Commission amends §§ 133.21 and 147.101 and adds § 147.111b to authorize the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth by qualified falconers.
Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''[a]dd to or change the classification of any wild bird or wild animal.'' 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 §§ 133.21 and 147.101 and the addition of § 147.111b are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends §§ 133.21 and 147.101 and adds § 147.111b to authorize the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth by qualified falconers.
3. Persons Affected
Qualified falconers wishing to participate in the limited take of passage Peregrine Falcons within this Commonwealth will be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking will not result in additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 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 the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 133 and 147, are amended by adding § 147.111b and amending §§ 133.21 and 147.101 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-372 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 133. WILDLIFE CLASSIFICATION
Subchapter B. BIRDS § 133.21. Classification of birds.
The following birds are classified:
(1) Endangered.
* * * * * (v) Peregrine Falcon (Falco peregrinus anatum).
* * * * *
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:
Allowable take—The total number of Arctic Peregrine Falcons authorized by the United States Fish and Wildlife Service to be taken from the wild within this Commonwealth during a given permit year.
Bate—Attempt to fly.
* * * * * § 147.111b. Arctic Peregrine Falcon limited take special permit.
(a) Purpose. This permit is intended to permit the limited take of the Arctic Peregrine Falcon (Falco peregrinus tundrius) solely for use in the practice of falconry.
(b) Application.
(1) Applications for the Arctic Peregrine Falcon limited take special permit issued under this section shall be made on PGC-12 (Special Permit/Examination Request—Application).
(2) Applications shall be completed in full and include a copy of the applicant's falconry permit, Pennsylvania hunting license and a nonrefundable application fee of $25.
(3) Applications shall be sent directly to the Special Permits Enforcement Division in Harrisburg.
(4) Applications will be accepted beginning May 1 and must be submitted no later than July 31 to be eligible for the drawing for that permit year.
(5) Only one application per eligible falconer may be submitted during each permit year. If more than one application is submitted by an eligible falconer, the applications submitted by the applicant will be rejected and the applicant will be ineligible for that year's drawing.
(c) Eligibility.
(1) Applications will only be accepted from persons who possess a current and valid master class falconry permit issued under this subchapter and a Pennsylvania resident hunting license.
(2) Applicants shall be a resident of this Commonwealth.
(3) Applicants who were successfully drawn for an Arctic Peregrine Falcon limited take special permit during the previous 2 permit years are ineligible to make application.
(d) Drawing.
(1) Each year the Commission will determine the allowable take of Arctic Peregrine Falcons for the season based on the guidelines provided by the United States Fish and Wildlife Service.
(2) If the allowable take authorized for this Commonwealth is one or more in any given year, the Commission will hold a public drawing by August 15 at a location to be determined by the Commission to determine the successful applicants.
(3) The Commission will randomly draw the names of eligible applicants up to and including the total allowable take. The number of permits issued will be based solely on the total allowable take each year. When the total allowable take number is reached, the drawing will be closed and additional permits will not be issued.
(4) The Commission will issue an Arctic Peregrine Falcon limited take special permit to successful applicants by August 31 each year.
(e) Authorized activities.
(1) Arctic Peregrine Falcons (Falco peregrinus tundrius) may only be taken by persons in possession of a valid master class falconry permit, a resident Pennsylvania hunting license and an Arctic Peregrine Falcon limited take special permit.
(2) Arctic Peregrine Falcons (Falco peregrinus tundrius) may be taken only during the period of September 20 to October 20, inclusive.
(3) Banded Peregrine Falcons may not be taken under the authorizations of this section. Banded Peregrine Falcons shall be released immediately upon capture and the band numbers of the released birds shall be reported to the Special Permits Enforcement Division within 24 hours.
(4) Arctic Peregrine Falcons may only be captured by devices authorized under § 147.105a(4) (relating to resident falconers).
(5) Persons issued an Arctic Peregrine Falcon limited take special permit shall abide by other applicable State and Federal falconry laws and regulations.
(6) Upon successful capture of an Arctic Peregrine Falcon, the permittee shall notify the Special Permits Enforcement Division with 24 hours. The permittee shall arrange for inspection within 3 days of the capture as directed by the Special Permits Enforcement Division.
(7) Upon inspection by the Commission as indicated, the Arctic Peregrine Falcon shall be marked with a permanent, nonreusable numbered leg band provided by the Commission.
(f) Conformance with Federal regulations. If the Federal regulations regarding dates or times of application, drawing or take change, the Executive Director has the authority to conform the Commonwealth's dates to the Federal regulations for that year in which the dates under Federal regulations have changed.
(g) Violations. Violations of the requirements of this section are subject to the penalties in the act.
[Pa.B. Doc. No. 15-498. Filed for public inspection March 20, 2015, 9:00 a.m.]
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