PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Menageries
[53 Pa.B. 1695]
[Saturday, March 25, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2023, meeting to amend § 147.282 (relating to safety) to classify wildlife held by a menagerie into categories that match an associated level of exposure and public contact appropriate for that category of wildlife.
This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 28, 2023, meeting of the Commission. Comments can be sent until April 12, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
A menagerie has approached the Commission to request that its safety regulations concerning public exposure with certain wildlife held by a menagerie be relaxed. The Commission has reviewed the applicable regulations and determined that changes can be made to the regulation without exposing the public to unnecessary danger or harm. A menagerie is defined as ''[a]ny place where one or more wild birds or wild animals, or one or more birds or animals which have similar characteristics and appearance to birds or animals wild by nature, are kept in captivity for the evident purpose of exhibition with or without charge.'' The Commission is proposing to amend § 147.282 to classify wildlife held by a menagerie into categories that match an associated level of exposure and public contact appropriate for the given category of wildlife. These changes will authorize menageries to remove additional species of wildlife from caging and directly expose them to the public, including wallabies, nonhuman primates and all other wildlife outside of the families Ursidae, Felidae and Canidae.
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 § 147.282 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 147.282 to classify wildlife held by a menagerie into categories that match an associated level of exposure and public contact appropriate for the given category of wildlife.
3. Persons Affected
Persons holding a menagerie permit or persons visiting a wildlife menagerie facility within this Commonwealth will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
This 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 this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-496. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter O. MENAGERIES § 147.282. Safety.
(a) Cage construction shall be sufficiently strong to contain the wildlife and to protect the animal from injury from other specimens on exhibit. Caging determined unsafe by Commission personnel shall be reconstructed as directed. Reconstruction shall be completed and approved within 30 days after official notification from the Commission.
(b) Except as provided in [subsections (c) and (d)] subsection (c), wildlife may not be removed from cages or directly exposed to the public. Safety barriers shall be present to adequately prevent the wildlife from touching, grasping or biting visitors. Barriers, such as walls, fences, moats, retaining rails and other necessary devices shall be present to prevent the public from approaching [the] cages, pens, enclosures or areas near enough to contact the wildlife.
(c) [Public human contact with the following designated animals is permitted under the specified conditions] Removal of wildlife from cages and public human contact with the following categories of wildlife is authorized only as follows:
(1) Category 1 wildlife. Ruminant animals may be moved from cages or confinement and directly exposed to the public, specifically to include public human contact, without restriction.
(2) [Organ grinder monkeys, trained performing chimpanzees and elephants] Category 2 wildlife. Other wildlife not defined as Category 3 wildlife in paragraph (3), may be removed from cages or confinement and directly exposed to the public, specifically to include public human contact, only if the wildlife is under the immediate control of the handler to preclude danger to the public.
(3) Category 3 wildlife. Members of the families Ursidae, Felidae and Canidae may not be removed from cages or confinement or directly exposed to the public. Public human contact is not authorized for this wildlife.
[(d) Wildlife other than members of the families Ursidae, Felidae and wild Canidae when exhibited on a stage or in an arena, may be removed from their cage by the exhibitor in a manner precluding danger to the public. Other human contact with the wildlife is prohibited.]
[Pa.B. Doc. No. 23-404. Filed for public inspection March 24, 2023, 9:00 a.m.]
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