PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[38 Pa.B. 4523]
[Saturday, August 16, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2008, meeting, proposed the following rulemaking:
Amend §§ 147.301--147.307 and 147.309 (relating to wildlife rehabilitation) to update and expand wildlife rehabilitation standards.
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 June 24, 2008, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until October 17, 2008.
1. Purpose and Authority
The Commission has been working in consultation with the Wildlife Rehabilitation Council (Council) to update and amend the wildlife rehabilitation regulations in an effort to redress concerns the Commission and Council share respecting the inadequacy of current permitting standards. Some notable recommendations generated include the creation of new rehabilitation facility caging and sanitation requirements for all wildlife, new requirements for the rehabilitation of rabies vector species and, finally, new application, qualification and testing standards for permit applicants. Therefore, the Commission is proposing to amend §§ 147.301--147.307 and 147.309 to update and expand wildlife rehabilitation standards.
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.'' 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 furtaking, 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.'' The amendments to §§ 147.301--147.307 and 147.309 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 147.301--147.307 and 147.309 to update and expand wildlife rehabilitation standards.
3. Persons Affected
Persons wishing to rehabilitate game or wildlife within this Commonwealth will 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-274. No fiscal impact; (8) recommends adoption.
ANNEX A
TITLE 58. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter P. WILDLIFE REHABILITATION § 147.301. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * RVS--Rabies vector species--All raccoons, skunks, foxes, bats, coyotes, groundhogs and other species designated by the Director.
* * * * * § 147.302. General.
* * * * * (f) Nonreleasable wildlife, which visibly appears to be in good condition, may be held by authority of an educational use of rehabilitation wildlife permit or transferred to a zoological park or garden which is open to the public or to the holder of a wildlife menagerie permit. Raptors may additionally be transferred to holders of falconry or raptor propagation permits. A wildlife transfer permit, available from the Bureau of [Law Enforcement] Wildlife Protection, shall be obtained for each specimen prior to any transaction.
(g) Nonreleasable wildlife may be held, with the approval of the Bureau of [Law Enforcement] Wildlife Protection, for cross-fostering purposes.
* * * * * (i) Wildlife may be transferred to or from properly permitted facilities outside of this Commonwealth only upon issuance of a wildlife importation or exportation permit by the Bureau of [Law Enforcement] Wildlife Protection.
* * * * * (l) A wildlife rehabilitation facility and its records shall be available for inspection by an officer of the Commission at any reasonable hour. These officers may remove wildlife from the custody of the permittee if it is deemed necessary for the welfare of the wildlife. During an inspection, members of the Council may accompany these officers to act in an advisory capacity.
(1) Caging. Cages used for the rehabilitation of wildlife must be of adequate size, design and strength to provide for the good health, comfort and secure containment of the animal.
(2) Sanitation. Wildlife held under this subchapter shall be kept in a sanitary manner consistent with the standards in § 147.283 (relating to sanitation).
(3) RVS. RVS shall be housed in a manner to prevent escape of the animal and exposure to people, pets, livestock and other captive or free-ranging wildlife. Exterior caging must be locked and improved by double fencing or solid wall barrier of adequate design and strength to ensure proper containment and exclusion of animals. RVS may not be removed from their containment except for their treatment, destruction, release or maintenance of the facility.
* * * * * (p) A permitted wildlife rehabilitation facility shall be active and open to receive wildlife from the public and the Commission, unless the facility has either exceeded its capacity or otherwise provided the Commission with reasonable justification for inactivity or closure. An inactive or closure period deemed unreasonable may result in suspension, denial or recall of permit privileges.
(q) As of January 1, 2009, a new wildlife rehabilitator may not possess a menagerie, propagation, exotic wildlife possession or exotic wildlife dealer permit.
§ 147.303. Permit applications.
* * * * * (b) Each application [shall] must include the following:
* * * * * (8) [The] A letter from a sponsoring wildlife rehabilitator. The letter must include the name, address and permit number of the sponsoring wildlife rehabilitator. (Capture and transportation and novice wildlife rehabilitation permits only).
(9) [The] A letter from a sponsoring veterinarian. The letter must include the name and address of the veterinarian who will be assisting and advising the applicant (required for wildlife rehabilitation permit only).
(c) A wildlife rehabilitator whose permit lapses for 2 or more years shall apply as a new applicant.
(d) A wildlife rehabilitator whose permit was recalled shall be ineligible for reapplication for a minimum period of 2 years and shall be required to retest.
§ 147.304. Wildlife rehabilitation permits.
(a) Wildlife rehabilitation permits. Wildlife rehabilitation permits will be limited as follows:
* * * * * (3) Exceptions will be recommended by the Council and approved by the Bureau of [Law Enforcement] Wildlife Protection.
(b) Novice class wildlife rehabilitation permits.
(1) Qualifications.
(i) [The applicant] New applicants shall successfully pass a [written examination administered by the Bureau of Law Enforcement] supervised examination with a minimum score of 80%.
(ii) The applicant shall appear for and successfully pass an oral examination/interview which shall be conducted by members of the Council and the Bureau of Wildlife Protection. The applicant shall submit photographs or videotape with commentary of their facility for review.
(2) Permit conditions.
* * * * * (iii) Educational use of rehabilitation wildlife permits will not be issued to novice wildlife rehabilitators unless specifically recommended by the Council and approved by the Bureau of [Law Enforcement] Wildlife Protection.
* * * * * (v) A novice wildlife rehabilitator may appoint no more than five responsible individuals to assist in providing food and housing for wildlife being rehabilitated. It is the permittee's responsibility to notify the Bureau of [Law Enforcement] Wildlife Protection in writing of the names, addresses and telephone numbers of the appointees and necessary changes as they occur.
(vi) A novice wildlife rehabilitator shall only renew his permit for 1 permit year at a time.
(vii) A novice wildlife rehabilitator may only remain as a novice for a period not to exceed 2 years. After the second year is reached, the permit will be voided and game or wildlife held under that permit shall be removed and relocated to another permitted facility, unless the novice has applied for an upgrade or as otherwise directed by the Director.
(viii) A novice wildlife rehabilitator shall have outside conditioning or prerelease cages established before an upgrade to a general class will be approved.
(ix) A novice wildlife rehabilitator request for upgrade to the class of general shall be reviewed and considered during the month of April only.
(c) General class wildlife rehabilitation permits.
(1) Qualifications.
(i) The applicant shall have actively rehabilitated wildlife for a minimum of 2 years as a novice wildlife rehabilitator or equivalent experience approved by the Council and the Bureau of [Law Enforcement] Wildlife Protection.
(ii) [Submit photographs or videotape with commentary of the permittee's facility to the Bureau of Law Enforcement for review by the Council.
(iii)] The applicant shall appear for and successfully pass an oral examination/interview [which shall be] conducted by members of the Council and the Bureau of Wildlife Protection. The applicant shall also submit photographs or videotape with commentary of his facility for review.
(2) Permit conditions.
* * * * * (ii) A permittee may accept endangered [or] , threatened [wildlife] or RVS for rehabilitation following proper additional certification under § 147.306 (relating to endangered [or] , threatened [species] RVS certification).
* * * * * (iv) A general class wildlife rehabilitator may appoint no more than ten responsible individuals to assist in providing food and housing for wildlife being rehabilitated, with the exception of endangered or threatened species. It shall be the permittee's responsibility to notify the Bureau of [Law Enforcement] Wildlife Protection in writing of the names, addresses and telephone numbers of the appointees and necessary changes as they occur.
(v) Additional capture and transportation permittees and assistants may be listed, only with the advance approval of the Council and the Bureau of [Law Enforcement] Wildlife Protection. A request [shall] must be in writing with justification for an increase.
§ 147.305. Wildlife capture and transportation permits.
* * * * * (b) Qualifications are as follows:
* * * * * (2) The applicant shall successfully pass a Council-approved wildlife capture and transport written examination [administered by the Bureau of Law Enforcement] with a minimum score of 80%.
(3) The applicant [shall successfully pass an oral examination/interview which will be conducted by members of the Council] , upon completion of testing, shall obtain a certificate from the Council approved written examination. This certificate, along with a permit application shall be mailed to the district wildlife conservation officer to receive a permit.
* * * * * § 147.306. Endangered, [or] threatened [species] or RVS certification.
(a) A written request for the endangered [or] , threatened [species] or RVS certification examination shall be made to the Bureau of [Law Enforcement] Wildlife Protection.
* * * * * (c) Attend a certification workshop or seminar as established by council and the Bureau of [Law Enforcement] Wildlife Protection.
(d) RVS-certified permittees shall operate their facilities in accordance with the guidelines in the RVS protocol established by the Council, the Commission and the Department of Health.
§ 147.307. Areas of service.
(a) The area serviced by wildlife rehabilitators will be restricted to the county or portion of a county in which facilities are established unless otherwise approved by the Bureau of [Law Enforcement] Wildlife Protection.
(b) Capture and transportation permittees will be restricted to the area serviced by their sponsoring permittee unless otherwise approved by the Bureau of [Law Enforcement] Wildlife Protection.
§ 147.309. Educational use of rehabilitation wildlife permits.
* * * * * (b) Permit applications [shall] must be made in writing to the Bureau of [Law Enforcement] Wildlife Protection and [shall] include the following:
* * * * * (c) Permit applications will be approved by the Council and the Bureau of [Law Enforcement] Wildlife Protection.
(d) Permit conditions are as follows:
* * * * * (2) Not more than [four] ten specimens of wildlife which are determined to be nonreleasable may be used by the permittee for educational exhibits or programs held away from the established rehabilitation facility, unless further restricted by State or Federal permits.
* * * * * (4) RVS may not be used for educational programs or exhibits.
(e) Records shall be maintained by the permittee and [shall] include the date, location and listing of wildlife used for each exhibit or program conducted. These records shall be retained for 2 years and be available for inspection by the wildlife conservation officer or other officers of the Commission at any reasonable hour. A copy of these records shall be made available to the Bureau of [Law Enforcement] Wildlife Protection upon request.
(f) [Failure to comply with one or more conditions of the permit will be reason for recall of the permit] Educational use of rehabilitation wildlife permit holders may apply for salvage permits.
(g) Failure to comply with one or more conditions of the permit will be reason for suspension, denial or recall of the permit.
[Pa.B. Doc. No. 08-1492. Filed for public inspection August 15, 2008, 9:00 a.m.]
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