Subchapter H. PROTECTED SPECIMEN
Sec.
147.141. Sale of wildlife and wildlife parts.
147.142. Possession of wildlife accidentally killed by a motor vehicle.
147.143. Transfer of lawful possession of abandoned venison.
147.144. Transfer of lawful possession of abandoned venison to food banks.
147.145. Unlawful acts.
147.146. Sale of inedible wildlife parts.§ 147.141. Sale of wildlife and wildlife parts.
(a) Wildlife or parts of wildlife accidentally killed on the highway or by other causes, illegally taken, shot for crop damage or live deer removed from the wild, may be sold to a person under the following minimum fee schedule:
(1) Deer antlers—$10 per point.
(2) Deer cape—to include entire hide—$25.
(3) Doe or spike buck head and hide—$25.
(4) Fawn deer—$75.
(5) Any live deer—$150.
(6) Deer hide only—$5.
(7) Pheasant, grouse, quail, squirrel, rabbit, hare, woodchuck, mink, muskrat, opossum, skunk, weasel and raccoon—$25.
(8) Other small mammals—$25.
(9) Turkey, beaver and fox—$50.
(10) Bobcat, otter and fisher—$100.
(11) Bears—minimum of $100.
(12) Cow or spike elk head and hide—$100.
(13) Elk cape—to include entire head—$100 plus $20 per point.
(14) Elk antlers—$20 per point.
(15) Elk hide—$25.
(16) Live elk—minimum of $100.
(17) Any other species may be sold at public auction or through sealed bid.
(b) An official Commission receipt shall serve as a person’s permit to possess and retain the wildlife sold under authority of subsection (a).
(c) Live deer may only be sold to persons holding an existing and current Wildlife Propagation or Wildlife Menagerie Permit.
(d) Except those accidentally killed by a vehicle, sales of wildlife or wildlife parts may not be made to the person who caused the death or removal from the wild of the bird or animal or a member of the immediate household, or a person acting on their behalf.
Authority The provisions of this § 147.141 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 103(a) and 2102(a).
Source The provisions of this § 147.141 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 1020; amended June 6, 1997, effective June 7, 1997, 27 Pa.B. 2743; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4715. Immediately preceding text appears at serial pages (285092) and (242891).
Cross References This section cited in 58 Pa. Code § 147.42 (relating to possession of deer accidentally killed by a motor vehicle).
§ 147.142. Wildlife disposition.
(a) Consumption permit. The Commission, in its sole discretion, may issue a consumption permit to a resident of this Commonwealth to authorize the possession and consumption of the edible portions of any wildlife carcass. A permit issued under this subsection will be valid for a period not to exceed 120 days from the date of issuance. The whole, or any part of any wildlife possessed under this subsection, may not be transferred to another person nor may any edible portion be removed from the possessor’s place of residence for any purpose other than processing. Inedible portions of any wildlife possessed under this subsection shall be surrendered to the Commission or disposed of in a manner directed by the Commission.
(1) General procedures. Except as otherwise provided in paragraph (2), a person shall contact the Commission to obtain a paper consumption permit prior to taking possession of the carcass of any wildlife.
(2) Special procedures for deer and turkey accidentally killed by a motor vehicle. A person is authorized to take immediate possession of the carcass of a deer or turkey evidently killed accidentally by a motor vehicle and transport it to a place of safekeeping within this Commonwealth. A person taking possession of a deer or turkey carcass under this paragraph shall contact the Commission to obtain a permit number within 24 hours after having taken possession of the deer or turkey carcass. The issued permit number itself shall be considered a valid permit for the purposes of authorizing the continued possession of the edible portions of the deer or turkey carcass.
(b) Furbearing species accidentally killed by a motor vehicle. A person holding a valid Pennsylvania furtaker’s license is authorized to take immediate possession of and utilize the edible and inedible portions of any furbearer, except river otters, bobcats and fishers, evidently killed accidentally by a motor vehicle. Any person taking possession of any furbearer under this subsection during the closed season for the taking of the same shall contact the Commission to make notification of the possession within 24 hours.
(c) Unlawful acts. It is unlawful to:
(1) Possess the whole or any part of any wildlife without receiving any required permit, making any required notification or meeting any applicable eligibility standards within any applicable time restrictions.
(2) Fail to surrender the inedible portions of any wildlife possessed under the authorizations of subsection (a) to the Commission or to dispose of the same in the manner directed by the Commission.
(3) Violate any other provisions of this section.
(d) Inapplicability. This section does not limit the lawful possession of the whole or any part of any wildlife that is otherwise authorized by § 147.141 (relating to the sale of wildlife and wildlife parts).
Authority The provisions of this § 147.142 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 103(a), 2102(a) and 2901(b).
Source The provisions of this § 147.142 adopted November 15, 1991, effective January 1, 1992, 21 Pa.B. 5344; amended April 15, 2005, effective April 16, 2005, 35 Pa.B. 2306; corrected January 13, 2006, effective June 4, 2005, 36 Pa.B. 194; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2979; amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7453; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5123. Immediately preceding text appears at serial pages (326593) to (326594).
§ 147.143. Transfer of lawful possession of abandoned venison.
(a) Definition.
Abandoned venison—Venison which remains unclaimed by the lawful owner at a butcher shop for longer than 10 days after the lawful owner has been notified by the butcher or an employe that the venison is dressed and ready to be picked up.(b) Procedure for transfer of lawful possession of abandoned venison.
(1) Lawful possession of abandoned venison may be transferred to any resident of this Commonwealth who is in possession of a valid permit to possess deer (PGC-90-LE) provided that:
(i) Prior to a transfer of possession of abandoned venison the butcher or an employe has notified the lawful owner of the venison in the butcher shop by United States registered mail to the person’s last known address of the intent to dispose of the venison.
(ii) The notification gives the lawful owner of the venison 30 days to claim the venison and pay to the butcher the standard labor fee for preparing the venison for consumption.
(2) After the 30-day period has expired, the butcher may transfer the lawful possession of abandoned venison to a resident of this Commonwealth who presents a valid permit to possess deer (PGC-90-LE) and if required by the butcher pays the standard labor fee for preparing the venison for consumption.
(3) The butcher shall, within 24 hours of transferring possession of abandoned venison, send by United States mail a report setting forth the date of transfer and the name, address and telephone number of the person or organization that received the venison to the wildlife conservation officer in charge of the district where the butcher shop is located.
Source The provisions of this § 147.143 adopted March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316.
Cross References This section cited in 58 Pa. Code § 147.144 (relating to transfer of lawful possession of abandoned venison to food banks).
§ 147.144. Transfer of lawful possession of abandoned venison to food banks.
Lawful possession of abandoned venison may be transferred to a food bank by a butcher after proper notification to the lawful owner of the venison as set forth in § 147.143(b) (relating to transfer of lawful possession of abandoned venison). Food banks or persons who receive venison from a food bank are not required to possess a permit to possess deer (PGC-90-LE), however, the report to the wildlife conservation officer as set forth in § 147.143(b) shall be made.
Source The provisions of this § 147.144 adopted March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316.
Cross References This section cited in 58 Pa. Code § 147.145 (relating to unlawful acts).
§ 147.145. Unlawful acts.
A person who transfers possession or takes possession of abandoned venison from a butcher shop contrary to § § 147.143(b) and 147.144 (relating to transfer of lawful possession of abandoned venison; and transfer of lawful possession of abandoned venison to food banks) shall be subject to the penalties in section 2312(d) of the act (relating to buying and selling game).
Source The provisions of this § 147.145 adopted March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316.
§ 147.146. Sale of inedible wildlife parts.
(a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
(1) The original owner is deceased.
(2) The original owner’s assets are being liquidated.
(3) The original owner’s specimen is determined to be unclaimed as provided for in subsection (b).
(b) A specimen will be considered unclaimed when the following conditions are met:
(1) The specimen was lawfully possessed when originally deposited with the taxidermist.
(2) The specimen was mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures.
(3) The taxidermist has made a reasonable effort to contact the original owner or depositor through any means generally available to inform the owner or depositor that the specimen is complete and should be picked up within a certain time period.
(4) The owner, or the original depositor of the specimen, has been notified by certified, first-class mail and has failed to contact the taxidermist within 30 days of receipt of the notice; or the taxidermist is notified by the postal authorities the certified mail is unclaimed or undeliverable. The specimen will be considered unclaimed after 30 days from the date the taxidermist was notified.
(c) Before selling a specimen, a permit shall be obtained from a Commission officer.
(d) An executed copy of the permit application (PGC-12) shall list the items to be sold. The permit is valid for 120 days.
(e) The fee for a permit issued under this section is $5.
(f) The original owner of a specimen may donate the specimen to a wildlife conservation organization, which may then sell the specimen without a permit for fund raising purposes.
(g) Second and subsequent owners of wildlife parts acquired in accordance with section 2312(c)(1) of the act (relating to buying and selling of game) may sell the parts if included as part of a manufactured or finished product.
(h) Second and subsequent owners of deer hides acquired in accordance with section 2312(c)(1) of the act may buy and sell the deer hides. Deer capes may only be sold by the original owner.
(i) A person violating this section shall be subject to the penalties provided in section 2312 of the act.
Authority The provisions of this § 147.146 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2312(c)(2); amended under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a), 2312(c)(2) and 2901(b).
Source The provisions of this § 147.146 adopted November 2, 2001, effective November 3, 2001, 31 Pa.B. 6052; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (285093) to (285094).
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