CHAPTER 133. WILDLIFE CLASSIFICATION
Subchap. Sec.
A. GENERAL … 133.1
B. BIRDS … 133.21
C. MAMMALS … 133.41
Subchapter A. GENERAL
Sec.
133.1. Protected mammals.
133.2. Protected birds.
133.3. [Reserved].
133.4. Definitions.
133.5. Furbearers.
133.6. Eurasian collared-dove.
133.7. Hungarian partridge.§ 133.1. Protected mammals.
Wild mammals not defined in the act as furbearers or game animals shall be classified as protected mammals to be taken only under the act and this part. See Chapter 21, Subchapters B and C of the act (relating to destruction for agricultural protection; and destruction of game or wildlife in self-defense) and § 141.3 (relating to protection removed under certain circumstances).
Source The provisions of this § 133.1 adopted January 6, 1966; reserved June 18, 1982, effective June 19, 1982, 12 Pa.B. 1868; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104913).
Cross References This section cited in 58 Pa. Code § 131.2 (relating to definitions); and 58 Pa. Code § 147.121 (relating to definitions).
§ 133.2. Protected birds.
Wild birds not defined in the act as game birds shall be classified as protected birds to be taken only under the act and this part. See Chapter 21, Subchapters B and C of the act (relating to destruction for agricultural protection; and destruction of game or wildlife in self-defense) and § 141.3 (relating to protection removed under certain circumstances).
Source The provisions of this § 133.2 adopted December 18, 1958; reserved June 18, 1982, effective June 19, 1982, 12 Pa.B. 1868; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104913).
Notes of Decisions Excessive Killing of Wildlife
The petitioner testified that he read both the Pennsylvania and Federal regulations on a regular basis; therefore, petitioner had four opportunities to read the federal regulations and thereby realize that the seven duck bonus had been eliminated. Therefore petitioner’s arguments that the regulations were vague or confusing was rejected. Marich, Jr. v. Game Commission, 676 A.2d 1325 (Pa. Cmwlth. 1996).
Cross References This section cited in 58 Pa. Code § 131.2 (relating to definitions); and 58 Pa. Code § 147.121 (relating to definitions).
§ 133.3. [Reserved].
Source The provisions of this § 133.3 adopted April 21, 1970; amended June 18, 1982, effective June 19, 1982, 12 Pa.B. 1868; amended November 18, 1983, effective November 19, 1983, 13 Pa.B. 3668; amended February 21, 1986, effective February 22, 1986, 16 Pa.B. 525; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104913) to (104915).
§ 133.4. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Endangered—Species in imminent danger of extinction or extirpation throughout their range in this Commonwealth if the deleterious factors affecting them continue to operate. The term includes:(i) Species whose numbers have already been reduced to a critically low level or whose habitat has been so drastically reduced or degraded that immediate action is required to prevent their extirpation from this Commonwealth.
(ii) Species whose extreme rarity or periphery places them in potential danger of precipitous declines or sudden extirpation throughout their range in this Commonwealth.
(iii) Species that have been classified as ‘‘Pennsylvania Extirpated’’, but which are subsequently found to exist in this Commonwealth as long as the conditions listed in subparagraph (i) or (ii) are met.
(iv) Species determined to be ‘‘endangered’’ under the Endangered Species Act of 1973 (16 U.S.C.A. § § 1531—1544).
Threatened—Species that may become endangered within the foreseeable future throughout their range in this Commonwealth unless the casual factors affecting the organism are abated. The term includes:(i) Species whose populations within this Commonwealth are decreasing or have been heavily depleted by adverse factors and while not actually endangered, are still in critical condition.
(ii) Species whose populations may be relatively abundant in this Commonwealth but are under severe threat from serious adverse factors that have been identified and documented.
(iii) Species whose populations are rare or peripheral and in possible danger of severe decline throughout their range in this Commonwealth.
(iv) Species determined to be ‘‘threatened’’ under the Endangered Species Act of 1973, that are not listed as ‘‘Pennsylvania Endangered.’’
Source The provisions of this § 133.4 adopted November 30, 1990, effective December 1, 1990, 20 Pa.B. 5939.
§ 133.5. Furbearers.
The following species of wildlife are reclassified as furbearers:
(1) Coyote (Canis latrans). For the purpose of licensing, coyotes may be hunted with a hunting license or hunted and trapped with a furtakers license as described in section 2705 of the act (relating to classes of licenses).
(2) Porcupine (Erethizon dorsatum). For the purpose of licensing, porcupines may be hunted with a hunting license or hunted and trapped with a furtakers license as described in section 2705 of the act.
Source The provisions of this § 133.5 adopted October 8, 1993, effective October 9, 1993, 23 Pa.B. 4793; amended August 19, 2016, effective August 20, 2016, 46 Pa.B. 5084. Immediately preceding text appears at serial page (379463).
§ 133.6. Eurasian collared-dove.
The Eurasian collared-dove (Streptopelia decaocto) is classified as a game bird. For the purpose of licensing, Eurasian collared-doves may be hunted with a general hunting license and a migratory bird license.
Authority The provisions of this § 133.6 issued under 34 Pa.C.S. § § 322(c)(8) and 2102(a).
Source The provisions of this § 133.6 adopted August 1, 2014, effective August 2, 2014, 44 Pa.B. 5190.
§ 133.7. Hungarian partridge.
Notwithstanding the listing of the Hungarian partridge in the definition of a game bird in section 102 of the act (relating to definitions), the Hungarian partridge shall be reclassified as a wild bird generally and will no longer be classified as a game bird.
Authority The provisions of this § 133.7 issued under 34 Pa.C.S. § § 322(c)(8) and 2102(c).
Source The provisions of this § 133.7 adopted November 16, 2018, effective November 17, 2018, 48 Pa.B. 7212.
Subchapter B. BIRDS
Sec.
133.21. Classification of birds.§ 133.21. Classification of birds.
The following birds are classified:
(1) Endangered.
(i) King Rail (Rallus elegans)
(ii) Short-eared Owl (Asio flammeus)
(iii) Black Tern (Chlidonias niger)
(iv) Least Bittern (Ixobrychus exilis)
(v) Piping Plover (Charadrius melodus)
(vi) Loggerhead Shrike (Lanius ludovicianus)
(vii) American Bittern (Botaurus lentiginosus)
(viii) Great Egret (Ardea alba)
(ix) Yellow-crowned Night-Heron (Nyctanassa violacea)
(x) Common Tern (Sterna hirundo)
(xi) Blackpoll Warbler (Setophaga striata)
(xii) Black-crowned Night-Heron (Nycticorax nycticorax)
(xiii) Dickcissel (Spiza americana)
(xiv) Sedge Wren (Cistothorus stellaris)
(xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)
(xvi) Upland Sandpiper (Batramia longicauda)
(xvii) Northern Goshawk (Accipiter gentilis)
(2) Threatened.
(i) Northern Harrier (Circus hudsonius)
(ii) Long-eared Owl (Asio otus)
(iii) [Reserved]
(iv) Red Knot (Calidris canutus rufa)
(v) Black Rail (Laterallus jamaicensis)
Authority The provisions of this § 133.21 amended under 34 Pa.C.S. § § 322(c)(8), 2102(a), 2167(a) and 2901(b).
Source The provisions of this § 133.21 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended November 30, 1990, effective December 1, 1990, 20 Pa.B. 5939; amended November 20, 1992, effective November 21, 1992, 22 Pa.B. 5608; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1071; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6534; amended November 16, 2012, effective November 17, 2012, 42 Pa.B. 7106; amended March 14, 2014, effective March 15, 2014, 44 Pa.B. 1429; amended March 20, 2015, effective March 21, 2015, 45 Pa.B. 1363; amended March 10, 2017, effective March 11, 2017, 47 Pa.B. 1467; amended March 22, 2019, effective March 23, 2019, 49 Pa.B. 1362; amended October 22, 2021, effective October 23, 2021, 51 Pa.B. 6609; amended June 9, 2023, effective June 10, 2023, 53 Pa.B. 3084; amended March 15, 2024, effective March 16, 2024, 54 Pa.B. 1315. Immediately preceding text appears at serial pages (414474) and (395959).
Cross References This section cited in 7 Pa. Code § 128.102 (relating to protected designated areas); and 58 Pa. Code § 147.745 (relating to exclusions).
Subchapter C. MAMMALS
Sec.
133.41. Classification of mammals.§ 133.41. Classification of mammals.
The following mammals are classified:
(1) Endangered.
(i) Indiana Bat (Myotis sodalis)
(ii) Least Shrew (Cryptotis parva)
(iii) Northern flying squirrel (Glaucomys sabrinus macrotis)
(iv) Northern long-eared bat (Myotis septentrionalis)
(v) Little brown bat (Myotis lucifugus)
(vi) Tri-colored bat (Perimyotis subflavus)
(2) Threatened.
(i) Small-footed Myotis (Myotis leibii)
(ii) Allegheny Woodrat (Neotoma magister)
(iii) West Virginia Water Shrew (Sorex palustris punctulatus)
Authority The provisions of this § 133.41 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 322(a)(8) and (c)(8), 2102(a) and 2167(a).
Source The provisions of this § 133.41 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended November 30, 1990, effective December 1, 1990, 20 Pa.B. 5939; amended December 21, 2007, effective December 22, 2007, 37 Pa.B. 6748; amended November 6, 2015, effective November 7, 2015, 45 Pa.B. 6501; amended March 22, 2019, effective March 23, 2019, 49 Pa.B. 1362. Immediately preceding text appears at serial page (394633).
Cross References This section cited in 7 Pa. Code § 128.102 (relating to protected designated areas).
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