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CHAPTER 147. SPECIAL PERMITS
Subchap. Sec.
A. GENERAL PROVISIONS 147.1
B. BIRD BANDING 147.21
C. COLLECTING 147.41
D. DISABLED PERSONS 147.61
E. ENDANGERED OR THREATENED SPECIES 147.81
F. FALCONRY 147.101
G. [Reserved] 147.121
H. PROTECTED SPECIMEN 147.141
I. REGULATED HUNTING GROUNDS 147.161
J. FUR DEALER 147.181
K. PROPAGATING 147.201
L. PERMITS RELATING TO DOGS 147.221
M. EXOTIC WILDLIFE DEALER 147.241
N. EXOTIC WILDLIFE POSSESSION 147.261
O. MENAGERIES 147.281
P. WILDLIFE REHABILITATION 147.301
R. DEER CONTROL 147.321
S. BOBCAT HUNTING-TRAPPING PERMIT 147.701
T. COMMERCIAL WILDLIFE PEST CONTROL 147.721
U. DEPREDATION 147.741
V. AGRICULTURAL DAMAGE DEPREDATION PERMIT 147.761
W. SNOW GOOSE CONSERVATION HUNT PERMIT 147.781Cross References This chapter cited in 58 Pa. Code § 137.1 (relating to importation, sale and release of certain wildlife).
Subchapter A. GENERAL PROVISIONS
Sec.
147.1. Scope.
147.2. General.
147.3. Reinspection fee.
147.4. Penal provisions.§ 147.1. Scope.
(a) This chapter regulates the activities of persons who apply for, receive or conduct activities under the authority of a permit issued under the act or this part and of persons who are excluded from basic permit requirements under section 2965 of the act (relating to exclusions), but who shall comply with animal care and public safety requirements of the act and this part.
(b) A holder of a permit shall keep a record of transactions on a form provided by the Commission in accordance with the instructions provided. A permittee shall answer, without evasion, questions that may be asked by a representative or officer of the Commission relative to ownership of a bird or mammal or part thereof, found in the permittees possession or under the permittees control, or which has passed through the permittees hands.
Source The provisions of this § 147.1 adopted June 17, 1983, effective June 18, 1983, 13 Pa.B. 1944; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4285; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316. Immediately preceding text appears at serial pages (236623) to (236624).
Notes of Decisions Constitutionality
A summary judgment based on qualified immunity was improvidently granted in favor of an officer and his co-defendants, who were all officers or officials of the Pennsylvania Game Commission, because an objectively reasonable law enforcement officer in the defendants position would know that searches such as the warrantless home and business search made in this case may only be carried out under a properly executed warrant. Showers v. Spangler, 182 F. 2d 165 (3d Cir. Pa. 1999); affirmed in part reversed in part 182 F.165 (1999).
Officers of the Game Commission are still entitled to qualified immunity for their conduct during an inspection conducted pursuant to this regulation; despite the fact that the premises inspection provisions of this regulation are inconsistent with the inspection language of the authorizing statute, which render the regulation language invalid; despite the fact that this regulation fails to limit the inspecting officers discretion through careful limitations of place and scope, rendering it unconstitutional, and; despite the fact that the inspection more closely resembled a search than an inspection. Showers v. Spangler, 957 F. Supp. 584 (M. D. Pa. 1997).
Search and Seizure
This regulation is insufficient to grant officers of the Pennsylvania Game Commission the type of sweeping search power the defendant/officer claims (a search for criminal physical evidence and not an inspection of a taxidermists records), where, at best, the regulation confers a limited power to search the transaction records of permitteesalbeit under all too generous terms of time (on demand) and place (the premises). Showers v. Spangler, 182 F.3d 165 (3d Cir. 1999).
§ 147.2. General.
(a) In addition to definitions in sections 102 and 2961 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:
Exotic wildlifeMembers of the family Felidae except those species commonly called house cats and members of the family Canidae except those licensed by the Department of Agriculture.
Field trial/hunt testA club, group or organization of ten or more dog owners/handlers participating in the actual performance of sporting dogs in one of the following events advertised and registered with AKC, UKC, NAHRA or the NAVHDA:(i) Member trial.
(ii) Licensed trial.
(iii) Sanctioned trial.
Nationally recognized circusA large public entertainment, typically presented in one or more very large tents or in an outdoor or indoor arena, featuring a number of acts including exhibitions of pageantry, feats of skill and daring, performing animals and clowns and performing on a regular basis throughout, at a minimum, a region of the United States.
PropagateCausing game or wildlife to reproduce under captive conditions.
Zoological park or gardenA park-like arena in which live animals are kept in cages or large enclosures for public exhibition.(b) The following letter symbols, when used in this chapter, have the following meanings:
HHeight.
LLength.
WWidth.
(c) Persons desiring to be formally recognized by the Commission as being within the exclusions provided in section 2965 of the act (relating to exclusions) shall apply to the Commission in writing and furnish the following information:
(1) Public zoological garden. Evidence of having received during the past calendar year a government grant or appropriation.
(2) Private zoological park or garden. Evidence of accreditation by the American Association of Zoological Parks and Aquariums.
(3) Nationally recognized circus. A list of acts or displays included in the circus together with a current itinerary of performance dates and locations.
(d) Applications for permits issued under this part and Chapter 29 of the act (relating to special licenses and permits) shall be accompanied by written documentation from the applicants local governmental body where the activity will take place, that the privilege granted by the permit does not violate any enacted zoning, ordinance or other local rule. Documentation shall be provided in writing by official correspondence from an authorized officer of the municipality involved.
Authority The provisions of this § 147.2 amended under 34 Pa.C.S. § 2901.
Source The provisions of this § 147.2 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316; amended December 3, 1999, effective December 4, 1999, 29 Pa.B. 6112. Immediately preceding text appears at serial pages (242884) to (242885).
§ 147.3. Reinspection fee.
If equipment or a facility fails to meet the standards required in this chapter, a fee of $50 will be charged for a subsequent inspection.
Source The provisions of this § 147.3 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.4. Penal provisions.
A person who fails or neglects to conform with this chapter, or violates a provision of this chapter, is subject to penalties in the act. Each infraction constitutes a separate offense.
Source The provisions of this § 147.4 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter B. BIRD BANDING
Sec.
147.21. General.§ 147.21. General.
(a) When conducting activities granted by a bird banding permit, it is unlawful to fail or neglect to:
(1) Transfer injured birds to a licensed rehabilitator or dispose of the bird as directed by an officer of the Commission.
(2) Report dead birds to an officer of the Commission within 72 hours for disposition as directed.
(3) Mark a trap, net or device with the banders name, address and permit number.
(4) Release birds as soon as they have been identified and banded and the required data is recorded.
(5) Remove birds from the trapping site except as provided in paragraphs (1) and (2).
(b) Bird banding permits may be issued to a nonresident of this Commonwealth.
Source The provisions of this § 147.21 adopted June 17, 1983, effective June 18, 1983, 13 Pa.B. 1944; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104984) to (104985).
Subchapter C. COLLECTING
Sec.
147.41. General.§ 147.41. General.
When conducting activities granted by a collecting permit, it is unlawful to fail or neglect to:
(1) Mark a trap or device with the permittees name, address and permit number.
(2) Transfer injured, nontargeted wildlife to a licensed rehabilitator or a Commission officer for disposition.
(3) Report dead nontarget wildlife within 72 hours to a Commission officer for disposition.
Source The provisions of this § 147.41 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter D. DISABLED PERSONS
Sec.
147.61. Permits for certain disabled persons to use a vehicle.§ 147.61. Permits for certain disabled persons to use a vehicle.
When exercising the privileges granted by a permit issued under authority of section 2923(a) of the act (relating to disabled person permits), it is unlawful to fail or neglect to comply with the following:
(1) If the firearm is loaded, the vehicle shall be off the right-of-way of a public highway and shall be at a complete stop with the motor turned off.
(2) No more than one firearm may be loaded in either chamber or magazine at one time.
(3) Only the permittee may discharge the firearm.
(4) Other provisions of the act and this part, including license requirements, that apply to hunting in general apply to hunting under this permit.
(5) This permit is subject to Federal regulations which prohibit taking migratory game birdswaterfowl, woodcock, snipe, rails, doves and gallinulesfrom or by use of a sinkbox, motor-driven conveyance, motor vehicle or aircraft.
(6) This permit does not authorize possession of a pistol or revolver contrary to 18 Pa.C.S. § § 1019183 (relating to the Crimes Code).
(7) This permit is valid to hunt only during established hunting hours.
Source The provisions of this § 147.61 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter E. ENDANGERED OR THREATENED SPECIES
Sec.
147.81. Scope.§ 147.81. Scope.
(a) The permit will only be issued if it can be established that the possession of the endangered species will enhance the species as a whole.
(b) It is unlawful to fail or neglect to follow instructions or directions given on the permit.
Source The provisions of this § 147.81 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter F. FALCONRY
Sec.
147.101. Definitions.
147.102. Examination and fees.
147.103. Classes of permits.
147.104. Facilities.
147.105. Equipment.
147.106. Maintenance.
147.107. Transportation-temporary holding.
147.108. Inspection.
147.109. Restrictions on taking raptors.
147.110. Marking of certain raptors.
147.110a. Raptor acquisition, transfer or disposition reporting.
147.111. Hunting with raptors.
147.112. Nonresident falconers.
147.113. Miscellaneous.
147.114. Annual report.§ 147.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
FacilitiesEquipment and shelters necessary to protect and train raptors.
FalconryThe sport of hunting with trained raptorsincluding the training of raptors.
Nestlings or eyasesYoung raptors not yet capable of flight.
Passage birdsRaptors in their first year of life.
RaptorsLive migratory birds of the order Falconiformes or the order Strigiformes other than the Bald EagleHaliaeetus leucocephalusor the Golden EagleAquila chrysaetos, wherever its place of origin, whether or not raised in captivity or a hybrid of those species.
SponsorThe holder of a general or master falconry permit who has accepted the responsibility for the conduct and training of an apprentice falconer.
TakeIn addition to the definition in section 102 of the act (relating to definitions), the term also includes the purchase or acquisition of a raptor for the purpose of falconry.
TransferThe term includes barter, sale, purchase, loan or gift, of a raptor excluding the temporary holding as provided in this subchapter.
Source The provisions of this § 147.101 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 1020. Immediately preceding text appears at serial page (118752).
§ 147.102. Examination and fees.
(a) New falconers shall begin at the apprentice class and are required to pass a supervised examination with a grade of 80%. Falconry examinations will be provided or approved by the United States Fish and Wildlife Service. Examinations will be given from January 1 to June 30 of each year at each regional headquarters building. The examination may relate to basic biology, care and handling of raptors, literature, regulations and other appropriate subject matter.
(b) The basic permit feewhether a raptor is possessed or notis $25, which authorizes the permittee to possess one raptor. Each additional raptor held shall require an extra fee of $25. A raptor acquired during the permit year requires an added fee of $25 payable within 10 days after receipt of the falconry bird.
Authority The provisions of this § 147.102 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.103 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.103 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 6, 1997, effective June 7, 1997, 27 Pa.B. 2743; amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2927. Immediately preceding text appears at serial pages (230317) to (230318).
§ 147.104. Facilities.
(a) The primary consideration for raptor housing facilities, whether indoors or outdoors, is protection from the environment, predators and undue disturbance. Each falconer or applicant shall have indoor or outdoor facilities, or both, as described in paragraphs (1) and (2). The facilities shall be constructed so that the raptor being housed is provided with adequate protection at all times.
(1) Indoor facilities. Mews shall be sufficient to allow easy access for caring for the raptors in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered, or separated by partitions, and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the birds body, and a secure door that can be easily closed. The mews floor shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.
(2) Outdoor facilities. Weathering areas shall be fenced and covered with netting or wire, or roofed to protect birds from disturbance and attack by predators. Perches more than 6 1/2 feet high need not be covered or roofed. The enclosed area shall be large enough to ensure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches shall be provided.
(b) If a falconer has only a single facility of an outdoor type where the bird is kept permanently tied, the facility shall be entirely enclosed with fencing material, regardless of the height of the perch, and the facility shall be constructed so that the raptor is able to seek refuge from extreme climatic conditions and disturbance. If a falconer has only a single facility of the indoor type, the raptors may not be weathered unless the bird is weathered on the fist.
Authority The provisions of this § 147.104 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.104 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 1020. Immediately preceding text appears at serial pages (118754) to (118755).
§ 147.105. Equipment.
The following items shall be in the possession of the applicant before a permit or license will be granted:
(1) Jesses. At least one pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material shall be used when a raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown.
(2) Leashes and swivels. At least one flexible weather-resistant leash and one strong swivel.
(3) Bath container. At least one suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for a raptor.
(4) Outdoor perches. At least one weathering area perch of an acceptable design shall be provided for a raptor.
(5) Weighing device. A reliable scale or balance suitable for weighing the raptor held and graduated in increments of not more than 1/2 ounce15 gramsshall be provided.
Authority The provisions of this § 147.105 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.105 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Cross References This section cited in 58 Pa. Code § 147.113 (relating to miscellaneous).
§ 147.106. Maintenance.
Facilities and equipment shall be kept at or above standards in this subchapter.
Authority The provisions of this § 147.106 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.106 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.107. Transportation-temporary holding.
A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.
Authority The provisions of this § 147.107 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.107 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.108. Inspection.
Falconry equipment shall be inspected and certified annually by a representative of the Commission. Equipment shall meet or exceed standards in this subchapter.
Authority The provisions of this § 147.108 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.109 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.109 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 August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended October 8, 1993, effective October 9, 1993, 23 Pa.B. 4793; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1071; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2978. Immediately preceding text appears at serial pages (253863) to (253864).
§ 147.110. Marking of certain raptors.
Marking of certain raptors shall be as follows:
(1) No Peregrine Falcon, Gyrfalcon or Harris Hawk may be taken, possessed or transported for falconry purposes unless the raptor is banded by either a seamless numbered band or by a permanent, numbered, nonreusable band supplied by the United States Fish and Wildlife Service. Permanent, numbered, nonreusable bands may be obtained by directing a written request to the Harrisburg headquarters of the Commission. The band shall be attached to the raptor immediately upon capture. A band is not transferable.
(2) A band which is required for Peregrine Falcons, Gyrfalcons, Harris Hawks and captive bred raptors that has been mutilated, become illegible or lost shall be reported within 72 hours to the Harrisburg headquarters of the Commission. A band which is mutilated or no longer legible shall be returned with the request for replacement. Replacement bands will be issued only for Peregrine Falcons, Gyrfalcons, Harris Hawks and captive bred raptors. A rebanding shall be reported to the United States Fish and Wildlife Service on a Form 3-186A, submitted within 5-calendar days from the date of the rebanding.
(3) A United States Fish and Wildlife Service Form 3-186A shall be completed for each other raptor which no longer requires banding when the presently attached band becomes mutilated, illegible or lost. The Form 3-186A shall be submitted directly to the United States Fish and Wildlife Service within 5-calendar days of the mutilation, illegibility or loss of the band. Bands removed as a result of mutilation or illegibility shall be returned to the Harrisburg headquarters of the Commission within 5-calendar days following their removal.
(4) It is unlawful for a person to alter or deface a band. A permittee may remove the rear tab and smooth an imperfect surface, if the integrity of the band and numbering is not affected. It is unlawful to use or possess a counterfeit band.
(5) A band shall be removed from a raptor which dies or is intentionally released into the wild and shall be forwarded to the Harrisburg headquarters of the Commission, within 5-calendar days, along with a report of the probable cause of death or the area of release.
(6) Unused bands in possession on July 16 or January 1 shall be returned to the Harrisburg headquarters of the Commission within 72 hours.
Authority The provisions of this § 147.110 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.110 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488. Immediately preceding text appears at serial pages (135251) to (135252).
§ 147.110a. Raptor acquisition, transfer or disposition reporting.
A United States Fish and Wildlife Service Form 3-186A (migratory bird acquisition and disposition report) shall be completed and submitted directly to the United States Fish and Wildlife Service within 5-calendar days following the date of a transaction as follows:
(1) The acquisition of a raptor taken from the wild or received by transfer from another person.
(2) The loss of a raptor held through its release, escape, theft or death.
(3) The transfer of a raptor to another person.
(4) The rebanding of a raptor which requires banding.
(5) The loss, mutilation or illegibility of a previously attached band for a raptor held which does not presently require banding.
Authority The provisions of this § 147.110a issued under Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.110a adopted August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488.
§ 147.111. Hunting with raptors.
(a) Wild birds and animals may be hunted only in accordance with the act and this part.
(b) The training of raptors by holders of valid falconry permits on liberated propagated game birds during the period August 1 to March 31, inclusive, is permitted, subject to the following conditions:
(1) Quarry shall be released either by hand or by means of electronic, spring or box holding devices.
(2) Game birds released shall be obtained from a licensed propagator.
(3) Released game birds which escape shall be considered wild birds, and no further attempt shall be made to pursue them except during the open season for hunting small game.
(4) Raptors may be used to take game birds on a licensed regulated hunting ground.
Authority The provisions of this § 147.111 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.112 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.113 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965; amended under the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.113 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5129; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 1020; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488. Immediately preceding text appears at serial pages (135253) to (135255).
§ 147.114. Annual report.
An annual report shall be submitted on forms supplied by the Commission and approved by the United States Fish and Wildlife Service by July 31 of each year whether or not renewal is requested. A similar report is required upon termination of the permit. This report shall be an accurate account of activities carried on under authority of the permit.
Authority The provisions of this § 147.114 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.114 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter G. [Reserved]
empty§ 147.121. [Reserved].
Source The provisions of this § 147.121 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2550; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (230320) and (315261). empty
§ 147.122. [Reserved].
Source The provisions of this § 147.122 adopted May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2550; amended November 11, 2005, effective November 12, 2005, 35 Pa.B. 6240; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (315261) to (315262). empty
§ 147.123. [Reserved].
Source The provisions of this § 147.123 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2550; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5157; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (315262) and (306267). empty
§ 147.124. [Reserved].
Source The provisions of this § 147.124 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial page (306267). empty
§ 147.125. [Reserved].
Source The provisions of this § 147.125 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (306267) to (306268). empty
§ 147.126. [Reserved].
Source The provisions of this § 147.126 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial page (306268). empty
§ 147.127. [Reserved].
Source The provisions of this § 147.127 adopted March 15, 1996, effective March 16, 1996, 26 Pa. B. 1131; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (306268) and (324241). empty
§ 147.128. [Reserved].
Source The provisions of this § 147.128 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial page (324241). empty
§ 147.129. [Reserved].
Source The provisions of this § 147.129 adopted March 15, 1996, effective March 16, 1996, 26 Pa.B. 1131; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2550; reserved March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (324241) to (324242).
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 capeto 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) Bearsminimum of $100.
(12) Cow or spike elk head and hide$100.
(13) Elk capeto include entire head$100 plus $20 per point.
(14) Elk antlers$20 per point.
(15) Elk hide$25.
(16) Live elkminimum 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 persons 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 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. Immediately preceding text appears at serial pages (319753) to (319754).
§ 147.143. Transfer of lawful possession of abandoned venison.
(a) Definition.
Abandoned venisonVenison 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 persons 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 § 147.146 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).
Subchapter I. REGULATED HUNTING GROUNDS
Sec.
147.161. General.§ 147.161. General.
(a) Hungarian Partridges may be released on regulated hunting grounds under the same restrictions and conditions as those species named in section 2928 of the act (relating to regulated hunting grounds permits).
(b) Signs required in section 2928(c) of the act shall:
(1) Set forth the purpose for which the area is intended.
(2) Warn the intruder that hunting without proper permission is prohibited.
(3) Contain other pertinent information the permittee deems necessary.
(4) Be displayed so they are visible to an intruder.
Source The provisions of this § 147.161 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter J. FUR DEALER
Sec.
147.181. General.§ 147.181. General.
(a) A shipment of furs exported from this Commonwealth shall have a tag or label attached in accordance with instructions given with or on the tag or label.
(b) A copy of the tag or label shall be submitted to the Commissions Harrisburg Office within 5 working days of the shipment.
(c) A shipment of furs not in compliance with this subchapter constitutes a separate offense.
Source The provisions of this § 147.181 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter K. PROPAGATING
Sec.
147.201. General.
147.202. Marking.
147.203. Pens, shelters and enclosures.
147.204. Raptor propagation permits.
147.205. Stock used for propagation.§ 147.201. General.
(a) The Commission will not exercise its powers to impose propagating permit restrictions upon the breeders of purely aviary species of pheasants, since the birds are not found in a wild state in this Commonwealth.
(b) A propagating permit is required to cover pheasants ordinarily used forshooting and restocking purposes, including all breeds of Chinese, Japanese, Formosan and Mongolian Ringneck pheasant, the English Blackneck, Melanistic Mutant and the Versi color pheasants. Other pheasants may be propagated for commercial purposes without a propagating permit.
Source The provisions of this § 147.201 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.202. Marking.
Marking shall be in compliance with section 2930(d) of the act (relating to propagating permits).
Source The provisions of this § 147.202 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.203. Pens, shelters and enclosures.
(a) Pens, shelters and enclosures must be:
(1) Adequate to contain the wildlife to be enclosed.
(2) Covered and completely surrounded by appropriate materials to confine the species being propagated and exclude surrounding wildlife.
(3) Large enough to provide the comfort and health of species held.
(b) Enclosures containing burrowing or digging wildlife shall be constructed to prevent escape by tunneling.
(c) Wildlife may not be exhibited to, or handled by the public. Private showings are permitted for prospective buyers.
(d) Wildlife which requires protection from the elements shall be provided adequate shelter or dens.
(e) Enclosures for birds not covered on July 1, 1987 are exempt from covering. New construction or rebuilding shall be covered.
Source The provisions of this § 147.203 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1310. Immediately preceding text appears at serial pages (285095) and (300833).
§ 147.204. Raptor propagation permits.
(a) Scope. The Director may issue raptor propagation permits to individuals who meet the requirements in 16 U.S.C.A. § § 703711 (relating to migratory bird treaty) and 50 CFR 21.30 (relating to raptor propagation permits).
(b) Privileges authorized under permit. Permittees may perform all activities under the conditions set forth in 16 U.S.C.A. § § 703711 and 50 CFR 21.30.
(c) Application for permit. When the Director of the United States Fish and Wildlife Service has approved an application for the issuance of a raptor propagation permit, the approval, along with copies of documents submitted by the applicant, shall be forwarded to the Director for review and approval. If it is determined by the Director that the applicant meets the requirements in 16 U.S.C.A. § § 703711 and 50 CFR 21.30, and the issuance of the permit will not adversely affect the wildlife resources of the Commonwealth, a raptor propagation permit may be issued to the applicant.
(d) Permit fee. The permit fee is $100 annually.
(e) Permit period. Permits shall be issued for the time period designated as the fiscal year for the Commonwealth. There is no reduced fee for a permit issued for less than 1 year.
(f) Reports required by permittee. Copies of reports required of the permittee in 16 U.S.C.A. § § 703711 and 50 CFR 21.30 shall be forwarded to the Director.
(g) Permit renewal. Application for the renewal shall be made on a form furnished by the Commission. The renewal application, along with the prescribed fee in the form of a check or money order made payable to the Game Commission, shall be forwarded to the Director at least 2 weeks in advance of the expiration date of the existing permit.
(h) Penalties. A person violating this section shall, upon conviction, be sentenced to the penalty prescribed in the act.
Source The provisions of this § 147.204 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
§ 147.205. Stock used for propagation.
Stock used for the propagation of wild birds and wild animals, except raptors, may not be birds or animals which have been removed from the wild. Parent birds and animals shall be secured from a person holding a valid wildlife propagation permit, the Commission or be legally imported into this Commonwealth.
Source The provisions of this § 147.205 adopted July 7, 1989, effective July 8, 1989, 19 Pa.B. 2956.
Subchapter L. PERMITS RELATING TO DOGS
Sec.
147.221. General.
147.222. Permits for dog trials on Commission controlled lands.
147.223. Permits for dog trials on privately-owned lands.§ 147.221. General.
(a) Signs required in sections 2941(e) and 2942(h) of the act (relating to dog training areas; and special retriever training areas) shall be displayed so they are visible to an intruder and shall:
(1) Set forth the purpose for which the area is intended.
(2) Warn an intruder that hunting without proper permission is prohibited.
(3) Contain other pertinent information the permittee deems necessary.
(b) [Reserved].
(c) If applicable, each casting point shall be set forth on every application for a permit.
(d) During field trials/hunt tests for which a permit has been issued, a firearm normally fired from the shoulder may be used with blank ammunition, if no live ammunition is possessed.
(e) No more than ten persons may be listed on the permit as official guns.
Source The provisions of this § 147.222 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2901(b).
Source The provisions of this § 147.222 adopted March 9, 1990, effective March 10, 1990, 20 Pa.B. 1404; amended March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316; amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5320. Immediately preceding text appears at serial pages (242897) to (242898).
§ 147.223. Permits for dog trials on privately-owned lands.
(a) Applications for permits to hold dog trials or meets on privately-owned lands shall be made in writing on Commission forms at least 30 days in advance of the requested trial dates to the regional office under whose jurisdiction the lands are located.
(b) Applications for permits to hold trial for retrieving dogs on privately-owned land shall be made in writing on Commission forms at least 30 days in advance of the requested trial dates to the regional office under whose jurisdiction the lands are located.
(c) Applications for permits for dog trials not received at least 30 days in advance of the trial dates are subject to disapproval.
Source The provisions of this § 147.223 adopted June 6, 1997, effective June 7, 1997, 27 Pa.B. 2743.
Subchapter M. EXOTIC WILDLIFE DEALER
Sec.
147.241. Scope.
147.242. Safety.
147.243. Sanitation.
147.244. Housing.
147.245. Acquisition and disposal.
147.246. Health and welfare.§ 147.241. Scope.
(a) General. This subchapter relates to the housing and care of exotic wildlife, as defined in section 2961 of the act (relating to definitions), and public protection from wildlife which is being held or transported by exotic wildlife dealers.
(b) Confinement. It is unlawful to maintain exotic wildlife in confinement in an unsanitary or unsafe condition, or in a manner which results in maltreatment, mistreatment or neglect. No species of exotic wildlife may be confined in a pen, cage or enclosure which does not meet minimum specifications in this subchapter. An animal may not be chained or tethered, or otherwise impeded from moving freely within an enclosure unless otherwise indicated on the permit.
(c) Housing. Exotic wildlife maintained under section 2962 of the act (relating to exotic wildlife dealer permits) shall be housed in a safe and sanitary manner. Failure to provide sanitary surroundings or failure to adequately protect the public from exotic wildlife is a violation of this subchapter.
(d) Bill of sale. It is unlawful for a person to deal in exotic wildlife, except as provided in this subchapter, without a bill of sale or other documentary evidence showing the name and address of the supplier.
(e) Permit required. It is unlawful for a dealer to sell exotic wildlife to a person who does not have a permit required in Subchapter N (relating to exotic wildlife possession).
(f) Permit. A separate exotic wildlife dealer permit shall be required for each business location or facility.
(g) Experience required. A new applicant for an exotic wildlife dealer permit shall provide documentation of at least 2 years experience of hands-on work with the designated species, including care, feeding, handling, training and husbandry. This experience shall be from a recognized/approved facility and the owner, manager or licensee of this facility shall provide a letter of reference.
Authority The provisions of this § 147.241 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901.
Source The provisions of this § 147.241 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended April 4, 2003, effective April 5, 2003, 33 Pa.B. 1714. Immediately preceding text appears at serial pages (242898) to (242899) and (202833).
§ 147.242. Safety.
(a) Cage construction shall be sufficiently strong to contain exotic wildlife and protect the animals from injury from other specimens held. A cage considered unsafe by Commission personnel shall be reconstructed as directed. Reconstruction shall be completed and approved within 10 days after official notification, or before new animals are placed in the cage.
(b) It is unlawful to exhibit exotic wildlife to the public, except a private showing for prospective customers or personal friends.
(c) Exotic wildlife may not be removed from cages or directly exposed to the public.
Authority The provisions of this § 147.242 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.242 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Cross References The provisions of this § 147.243 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.243 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Cross References The provisions of this § 147.244 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.244 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 26, 1995, effective May 27, 1995, 25 Pa.B. 2072. Immediately preceding text appears at serial pages (118769) to (118770) and (186919).
Cross References This section cited in 58 Pa. Code § 147.262 (relating to restrictions).
§ 147.245. Acquisition and disposal.
(a) Exotic wildlife shall have been lawfully taken, exported, imported, transported, retained and possessed.
(b) Records shall be maintained of acquisitions and disposals of exotic wildlife as well as exotic wildlife born on the premises. Records shall be in ink, written in English and include the full name and address of the person with whom a transaction is conducted. Records shall be available for inspection by Commission personnel at reasonable hours. Entries shall be made on the day of transaction.
Authority The provisions of this § 147.245 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.245 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Cross References This section cited in 58 Pa. Code § 147.262 (relating to restrictions).
§ 147.246. Health and welfare.
Exotic wildlife shall be kept free from parasites, sickness or disease. If sick or diseased, exotic wildlife shall immediately be given professional medical attention, or destroyed in a humane manner.
Authority The provisions of this § 147.246 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.246 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Cross References This section cited in 58 Pa. Code § 147.262 (relating to restrictions).
Subchapter N. EXOTIC WILDLIFE POSSESSION
Sec.
147.261. Scope.
147.262. Restrictions.
Cross References The provisions of this § 147.261 issued under the Game and Wildlife Code, 34 Pa.C.S. § 2901.
Source The provisions of this § 147.261 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended April 4, 2003, effective April 5, 2003, 33 Pa.B. 1714. Immediately preceding text appears at serial page (202838).
§ 147.262. Restrictions.
Sections 147.242147.246 (relating to safety; sanitation; housing; acquisition and disposal; and health and welfare) pertain to all exotic wildlife possession permits.
Authority The provisions of this § 147.262 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.262 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
Subchapter O. MENAGERIES
Sec.
147.281. Scope.
147.282. Safety.
147.283. Sanitation.
147.284. Housing.
147.285. Specifications.
147.286. Acquisition and disposal.
147.287. Health and welfare.§ 147.281. Scope.
(a) General and definitions. This subchapter relates to safeguards for public safety, humane care and treatment, adequate housing and nutrition, sanitation, safety, acquisition and disposal of wildlife and exotic wildlife held as part of a menagerie under the act or this part. Definitions contained in section 2961 of the act (relating to definitions) apply to this subchapter.
(b) Confinement. It is unlawful to maintain wildlife, in confinement, in an unsanitary or unsafe condition or in a manner which results in maltreatment, mistreatment or neglect. No wildlife may be confined in a pen, cage or enclosure which does not meet minimum pen specifications in this subchapter. An animal may not be chained or tethered, or otherwise impeded from moving freely within a cage or enclosure unless otherwise indicated on the permit.
(c) Housing. Wildlife maintained under section 2964 of the act (relating to menagerie permits) shall be housed in a safe and sanitary manner. Failure to provide sanitary surroundings for wildlife, or failure to adequately protect the public from wildlife possessed under this subchapter is a violation.
(d) Bill of sale. It is unlawful for a person to possess wildlife, for the purpose of exhibition, except as provided in this subchapter, without having a bill of sale or other documentary evidence showing the name and address of the supplier of the wildlife.
(e) Permit. The menagerie permit shall be produced upon demand of an officer of the Commission.
(f) Citizenship. Menagerie permits may be issued to a person who is a citizen of the United States.
(g) Experience required. A new applicant for a menagerie permit shall provide documentation of at least 2 years experience of hands-on work with the designated species, including care, feeding, handling, training and husbandry. This experience shall be from a recognized/approved facility and the owner, manager or licensee of this facility shall provide a letter of reference.
Authority The provisions of this § 147.281 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.281 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended April 4, 2003, effective April 5, 2003, 33 Pa.B. 1714. Immediately preceding text appears at serial page (202839).
§ 147.282. Safety.
(a) Cage construction shall be sufficiently strong to contain the wildlife and to protect the animal from injury from other specimens on exhibit. Caging determined unsafe by Commission personnel shall be reconstructed as directed. Reconstruction shall be completed and approved within 30 days after official notification from the Commission.
(b) Except as provided in subsections (c) and (d), wildlife may not be removed from cages or directly exposed to the public. Safety barriers shall be present to adequately prevent wildlife from touching, grasping or biting visitors. Barriers, such as walls, fences, moats, retaining rails and other necessary devices shall be present to prevent the public from approaching the cages, pens, enclosures or areas near enough to contact the wildlife.
(c) Public human contact with the following designated animals is permitted under the specified conditions:
(1) Ruminant animals.
(2) Organ grinder monkeys, trained performing chimpanzees and elephants if under the immediate control of the handler to preclude danger to the public.
(d) Wildlife other than members of the families Ursidae, Felidae and wild Canidae when exhibited on a stage or in an arena, may be removed from their cage by the exhibitor in a manner precluding danger to the public. Other human contact with the wildlife is prohibited.
Authority The provisions of this § 147.282 issued under The Game Law (34 P. S. § § 1311.1011311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.283 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source The provisions of this § 147.284 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.1011311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 1012965.
Source