RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Wildlife Rehabilitation
[52 Pa.B. 5471]
[Saturday, August 27, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 9, 2022, meeting amends § 147.305 (relating to wildlife capture and transportation permits) to require a permit holder to submit a monthly report to the Commission documenting the species and quantity of all wildlife captured or transported, the location where the wildlife is captured, the location where the wildlife is transported to and the disposition of deceased 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 52 Pa.B. 3108 (May 28, 2022).
1. Purpose and Authority
A wildlife capture and transportation permit holder is required to have a wildlife rehabilitator as a sponsor when submitting his or her initial application. However, after the permit application is submitted and approved, the permit holder no longer needs to maintain an affiliation or sponsorship with any particular wildlife rehabilitator. In fact, a wildlife capture and transportation permit holder can pick up wildlife any place at any time and transport the wildlife to the closest properly permitted wildlife rehabilitator. The Commission has observed instances where some of these wildlife capture and transportation permit holders are using this permit to pick up injured wildlife and then holding it and acting as an actual rehabilitator without the required permit.
The Commission has historically provided little oversight to wildlife capture and transportation permit holders after a permit was issued. The Commission received no data on how active permit holders were, the volume of wildlife handled, the locations wildlife is transported to, the species of wildlife captured and transported, the location rehabilitated wildlife is transported to or any other disposition of wildlife. Section 2907 of the code (relating to reports) generally authorizes the Commission to require reports as may be needed for its operations. The Commission amends § 147.305 to require that a permit holder submit a monthly report to the Commission documenting the species and quantity of all wildlife captured or transported, the location where the wildlife is captured, the location where the wildlife is transported to and the disposition of deceased wildlife. The Wildlife Rehabilitation and Education Council supports this amendment.
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 § 147.305 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 147.305 to require that a permit holder submit a monthly report to the Commission documenting the species and quantity of all wildlife captured or transported, the location where the wildlife is captured, the location where the wildlife is transported to and the disposition of deceased wildlife.
3. Persons Affected
Persons holding a wildlife capture and transportation permit within the Commonwealth will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
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 § 147.305 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 48-481 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter P. WILDLIFE REHABILITATION § 147.305. Wildlife capture and transportation permits.
(a) Issuance of wildlife capture and transportation permits will be limited to the number authorized by the permit class of the sponsoring wildlife rehabilitator.
(b) Qualifications are as follows:
(1) The applicant shall be sponsored by a wildlife rehabilitation permittee.
(2) The applicant shall successfully pass a Council-approved wildlife capture and transport written examination with a minimum score of 80%.
(3) The applicant, 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.
(c) Permit conditions are as follows:
(1) A permittee may capture and transport injured or displaced wildlife when necessary.
(2) Wildlife shall be immediately transported to the sponsoring permittee or to the nearest properly permitted wildlife rehabilitator.
(3) Wildlife may not be captured or transported by a permittee outside of the area serviced by a sponsoring permittee except when advance permission from the wildlife rehabilitator has been obtained.
(d) Monthly reports. A permittee shall submit a monthly report to the district wildlife conservation officer documenting the species and quantity of all wildlife captured or transported, the location where the wildlife is captured, the location where the wildlife is transported to and the disposition of deceased wildlife.
[Pa.B. Doc. No. 22-1288. Filed for public inspection August 26, 2022, 9:00 a.m.]
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