PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits; Falconry
[40 Pa.B. 4391]
[Saturday, August 7, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, proposed to amend §§ 147.101 and 147.103 (relating to definitions; and classes) to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer and expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the Migratory Bird Treaty Act (act) (16 U.S.C.A. §§ 703—712).
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 29, 2010, meeting of the Commission. Comments can be sent until September 30, 2010, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
On October 6, 2009, the Commission finally adopted comprehensive changes to the various standards and conditions concerning falconry permits within this Commonwealth. See 39 Pa.B. 6760 (November 28, 2009). These amendments were primarily intended to bring the Commonwealth into compliance with new Federal permitting standards concerning falconry that become fully effective January 1, 2014. Since the adoption of these amendments, the Commission has come to the recognition that the standards concerning whom is eligible to sponsor new falconers are insufficient to ensure that sponsors have enough experience to properly guide new falconers. To this end, the Commission is proposing to amend § 147.101 to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer. The Commission is also proposing to amend § 147.103 to expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the act.
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.'' 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.'' The amendments to §§ 147.101 and 147.103 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking amends §§ 147.101 and 147.103 to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer and expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the act.
3. Persons Affected
Persons wishing to engage in falconry activities within this Commonwealth may 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.
CARL G. ROE,
Executive DirectorFiscal Note: 48-309. 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:
* * * * * Sponsor—The holder of a general or master falconry permit with at least 2 years experience as a general class falconer, who has accepted the responsibility for the conduct and training of an apprentice falconer.
* * * * * § 147.103. Classes.
(a) Apprentice. Permittees of the apprentice class shall be subject to the following requirements and limitations:
* * * * * (2) Permittees shall be sponsored, at all times, by a Pennsylvania general or master class falconry permit holder who has at least 2 years experience as a general class falconer. If a permittee's sponsorship is withdrawn or lost for any reason, the permittee shall provide written notification of the loss to the Commission within 5 days and shall be required to replace the sponsorship within 15 days.
* * * * * (c) Master. Permittees of the master class shall be subject to the following requirements and limitations:
* * * * * (5) Upon additional written authorization provided by the Commission, permittees may possess up to a maximum of three eagles, regardless of captive-bred or wild caught, limited to golden eagles, white-tailed eagles [and], Steller's sea-eagles or any other eagle not covered by the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703—712), as part of their total possession allowance. An application to possess eligible eagles shall be accompanied by two written letters of recommendation from persons with experience handling or flying large raptors, such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis) or great horned owls (Bubo virginianus). Each letter of reference must contain a concise history of the author's experience with large raptors and an explicit representation that the permittee possess the competency and skills necessary to possess eagles.
[Pa.B. Doc. No. 10-1431. Filed for public inspection August 6, 2010, 9:00 a.m.]
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