§ 137.34. Chronic Wasting Disease and emergency authority of Director.

 (a)  The Director has emergency authority to remove protection on cervids, prohibit any new permits to possess live cervids in containment areas, and order the disposal of certain cervids or their parts in containment areas, if the Director determines the spread of Chronic Wasting Disease (CWD) poses a threat to human safety, farm animals, pets or other cervids within or adjacent to this Commonwealth in accordance with the CWD response plan.

   (1)  If the Director removes the protection on cervids in containment areas, except for animals or their parts submitted for laboratory analysis, it is unlawful to:

     (i)   Remove any cervid carcasses or certain parts from the containment areas.

     (ii)   Possess or transport any live cervids contrary to 3 Pa.C.S. Chapter 23, Subchapter C (relating to detection, containment or eradication of certain diseases) within the containment areas.

   (2)  Nothing in this subsection prevents removal of dried or cured skins of cervids from the areas where the protection has been removed, only if removal poses no threat to other areas of this Commonwealth.

 (b)  The Director has emergency authority to control the spread of CWD by banning the importation of certain cervid parts from other states or nations.

 (c)  The Director has emergency authority to ban the feeding of cervids within the containment area to prevent the congregation or habituation to an area by cervids that could spread CWD.

   The provisions of this §  137.34 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  103(a) and 322(c)(9).

   The provisions of this §  137.34 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6526.