§ 137.34. Wildlife disease and emergency authority of Director.
(a) The Director has emergency authority to take actions to mitigate risk factors and to determine the prevalence and geographic distribution of wildlife diseases, if the Director concludes that the introduction or spread of wildlife diseases poses a threat to human, domestic and wild animal, and environmental health and safety within or adjacent to this Commonwealth.
(1) The Director has emergency authority to:
(i) Institute importation and exportation restrictions to mitigate disease transmission risk factors.
(ii) Define and designate Disease Management Areas (DMA) in this Commonwealth.
(2) The Director has emergency authority within designated DMAs to:
(i) Allow the taking of wildlife without regard to established seasons and bag limits and methods of take.
(ii) Require mandatory disease testing or disposal of wildlife or wildlife parts.
(iii) Prohibit the movement of high-risk wildlife parts.
(iv) Prohibit the rehabilitation of wildlife.
(v) Prohibit the use and possession of wildlife products.
(vi) Prohibit the feeding of wildlife.
(vii) Prohibit the issuance of new permits and allow the suspension or modification of existing permits to possess or transport live wildlife.
(3) Notwithstanding paragraphs (1) and (2), the emergency authority of the Director will not be construed to extend to:
(i) The regulation of captive wildlife held under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.
(ii) The unilateral regulation of wildlife concurrently managed by the Commonwealth and the Federal government.
(b) It is unlawful for a person to violate a provision of an Executive Order issued by the Director under the authority of this section. A person violating this section will, upon conviction, be sentenced to pay the fine prescribed in the act.
Authority The provisions of this § 137.34 issued under 34 Pa.C.S. § § 103(a) and 322(c)(9); and amended under 34 Pa.C.S. § 2102(a).
Source The provisions of this § 137.34 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6526; amended December 23, 2011, effective December 24, 2011, 41 Pa.B. 6879; amended March 12, 2021, effective March 13, 2021, 51 Pa.B. 1313. Immediately preceding text appears at serial pages (360056) and (389063).
Cross References This section cited in 58 Pa. Code § 137.35 (relating to Chronic Wasting Disease restrictions); and 58 Pa. Code § 141.18 (relating to permitted devices).
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