RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Menageries
[53 Pa.B. 3109]
[Saturday, June 10, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends § 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 final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 53 Pa.B. 1695 (March 25, 2023).
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 amends § 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, and all other wildlife outside of the families Ursidae, Felidae and Canidae. It should be noted that the proposed inclusion of nonhuman primates as category 2 wildlife under the original proposed rulemaking was amended on final adoption to redesignate them as category 3 wildlife. Under this updated structure, as written, nonhuman primates will be permitted to be removed from cages or confinement, but not directly exposed to the public.
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 adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 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 final-form rulemaking.
4. Comment and Response Summary
The Commission received seven official comments regarding this final-form rulemaking. Six comments opposed any expansion in public contact with any wildlife. One supported the reclassification of wildlife into categories that matched an associated level of exposure and public contact appropriate for the given category of wildlife.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
This 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 this final-form rulemaking, contact Jason L. DeCoskey, 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), referred to as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.282 to read as set forth in Annex A.
(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 publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-496 remains valid for the final adoption of the subject regulation.
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 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 cages, pens, enclosures or areas near enough to contact the wildlife.
(c) 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) 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. Public human contact is not authorized for non-human primates and members of the families Ursidae, Felidae and Canidae. Members of the families Ursidae, Felidae and Canidae may not be removed from cages or confinement or directly exposed to the public.
[Pa.B. Doc. No. 23-763. Filed for public inspection June 9, 2023, 9:00 a.m.]
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