§ 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 permittee’s possession or under the permittee’s control, or which has passed through the permittee’s hands.

   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).

   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 defendant’s 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 officer’s 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

 (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 wildlife—Members 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 test—A 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 circus—A 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.

   Propagate—Causing game or wildlife to reproduce under captive conditions.

   Zoological park or garden—A 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:

   H—Height.

   L—Length.

   W—Width.

 (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 applicant’s 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.

   The provisions of this §  147.2 amended under 34 Pa.C.S. §  2901.

 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.

 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.

   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.

 (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 bander’s 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.

   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.

 When conducting activities granted by a collecting permit, it is unlawful to fail or neglect to:

   (1)  Mark a trap or device with the permittee’s 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.

   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.

 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 birds—waterfowl, woodcock, snipe, rails, doves and gallinules—from 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. § §  101—9183 (relating to the Crimes Code).

   (7)  This permit is valid to hunt only during established hunting hours.

   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.

 (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.

   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.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Facilities—Equipment and shelters necessary to protect and train raptors.

   Falconry—The sport of hunting with trained raptors—including the training of raptors.

   Nestlings or eyases—Young raptors not yet capable of flight.

   Passage birds—Raptors in their first year of life.

   Raptors—Live migratory birds of the order Falconiformes or the order Strigiformes other than the Bald Eagle—Haliaeetus leucocephalus—or the Golden Eagle—Aquila chrysaetos, wherever its place of origin, whether or not raised in captivity or a hybrid of those species.

   Sponsor—The holder of a general or master falconry permit who has accepted the responsibility for the conduct and training of an apprentice falconer.

   Take—In 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.

   Transfer—The term includes barter, sale, purchase, loan or gift, of a raptor excluding the temporary holding as provided in this subchapter.

 (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 fee—whether a raptor is possessed or not—is $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.

   The provisions of this §  147.102 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

 (a)  Apprentice. A permittee shall be 16 years of age or older.

   (1)  A sponsor, who is the holder of a valid Federal and Pennsylvania general or master falconry permit, is required for a permittee in the apprentice class. An apprentice permittee shall notify the Commission in writing within 5 days after sponsorship has been withdrawn.

   (2)  A permittee may not possess more than one raptor and may not obtain more than one raptor for replacement during a permit year. A first year permittee may take only one raptor with no replacement.

   (3)  A permittee shall possess only an American Kestrel—Falco sparverius—a Red Tailed Hawk—Buteo jamaicensis—or a Red Shouldered Hawk—Buteo lineatus.

   (4)  The raptor held by an apprentice shall be taken from the wild.

 (b)  General. A permittee shall be at least 20 years of age.

   (1)  A permittee who has been licensed at least 2 years as an apprentice falconer and has had a raptor in possession for at least 12 months of that time may be moved to the next higher classification. A sponsor for an apprentice shall certify in writing that the apprentice is qualified to become a general falconer.

   (2)  A permittee may not have more than two raptors in his possession and may not take more than two raptors for replacement birds during a permit year. For the first permit year at the general class, a permittee may take one raptor in addition to the one possessed as an apprentice and also take one replacement.

   (3)  A permittee may not take, transport or possess a Golden Eagle or a species listed as endangered or threatened by the United States Department of Interior or the Commission.

 (c)  Master. A permittee shall be at least 25 years of age.

   (1)  A permittee who has at least 5 years of falconry experience in the practice of falconry at the general class and had a raptor in possession for 30 months of this time may be moved to the master classification.

   (2)  A permittee may not possess more than three raptors, and may not take more than two raptors for replacements during a permit year. For the first permit year at the master class, one raptor may be taken in addition to the two which may be possessed as a general falconer and one raptor may be taken as a replacement.

   (3)  A permittee may not take, transport or possess a species listed as endangered on a United States Department of Interior or Commission list.

   (4)  A permittee may not take, transport or possess a Golden Eagle for falconry purposes unless authorized in writing by both the United States Fish and Wildlife Service and the Commission.

   (5)  A permittee may not take, transport or possess as part of the three bird limitation, more than one raptor listed as threatened on United States Department of Interior or Commission lists and then only in compliance with Federal requirements and written permission of the Commission.

   The provisions of this §  147.103 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

 (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 bird’s 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.

   The provisions of this §  147.104 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 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 ounce—15 grams—shall be provided.

   The provisions of this §  147.105 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.105 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

 Facilities and equipment shall be kept at or above standards in this subchapter.

   The provisions of this §  147.106 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 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.

   The provisions of this §  147.107 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 Falconry equipment shall be inspected and certified annually by a representative of the Commission. Equipment shall meet or exceed standards in this subchapter.

   The provisions of this §  147.108 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  Taking restrictions for residents are as follows:

   (1)  A valid falconry permit is required prior to obtaining a raptor.

   (2)  Young wild birds not yet capable of flight—eyases—may only be taken by a general or master falconer, and only during the period April 1 to April 7 inclusive and May 8 to July 15 inclusive. Great Horned Owl eyases may be taken from March 15 to March 21 inclusive. No more than two wild eyases may be taken by the same permittee during specified periods.

   (3)  First year wild—passage—birds may be taken during the period September 19 to December 31, inclusive.

   (4)  Adult American Kestrels (Falco sparverius) and Great Horned Owls (Bubo virginianus) may be taken during the period September 19 to December 31, inclusive.

   (5)  A raptor, other than an endangered or threatened species, taken under a depredation permit or rehabilitated by a licensed rehabilitator determined to be unfit for return to the wild may, with written authorization of the Commission, be used by falconers as long as they do not exceed limits set by its classification and this subchapter.

   (6)  A bal-chatri type live trap, other live traps and nets may be used for taking raptors if they are used in a manner which minimizes the danger of injuring the raptor.

   (7)  Owners of escaped raptors which are banded as required by the United States Fish and Wildlife Service may recapture the banded raptors.

 (b)  Taking restrictions for nonresidents are as follows:

   (1)  A nonresident possessing a current and active falconry permit in the General or Master Classification in a state listed in 50 CFR 21—29(k) (relating to Federal falconry standards), may apply for a special permit to take a raptor in this Commonwealth if the home state of the applicant allows the taking of raptors by nonresidents.

   (2)  The fee for a permit to take a raptor is $100 and is not refundable.

   (3)  Applications for this permit shall be submitted directly to the Commissions’ Bureau of Law Enforcement and shall state the applicants name, address, date of birth, telephone number and the species desired and whether a nestling (eyas) or passage bird is requested. Copies of the applicant’s current state or Federal, or both, falconry permit along with a valid import permit or letter from the applicant’s home state authorizing the import of the raptor being requested shall accompany the application. A certified check or money order in the amount of $100 payable to ‘‘Pennsylvania Game Commission’’ shall accompany the application.

   (4)  Applications may only be submitted between January 1 and August 15 annually.

   (5)  Periods for taking raptors as authorized under a nonresident take permit are May 8 to July 15 inclusive for nestling (eyas) birds or September 19 to December 31, inclusive for passage birds.

   (6)  A permittee may not take the last remaining nestling—eyas—from a nest.

   (7)  The number of permits issued annually will not exceed:

   (8)  Eyas Goshawk birds may not be taken.

   (9)  Permits will be issued under a first-come-first-served procedure until the annual allocation is exhausted.

   (10)  The acquisition of a raptor taken from the wild as authorized by the take permit shall be immediately reported to the Commission by completing a Form 3-186A (Migratory Bird Acquisition and Disposition Report) and forwarding a copy to the Bureau of Law Enforcement, Technical Services Division.

   (11)  Marking of certain raptors shall be as directed in 50 CFR 21.28(d)(7) (relating to falconry permits).

   (12)  Raptors taken under the authority of this permit shall be used for falconry purposes only.

   The provisions of this §  147.109 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

 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.

   The provisions of this §  147.110 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 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.

   The provisions of this §  147.110a issued under Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (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.

   The provisions of this §  147.111 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  A nonresident of this Commonwealth who possesses Federal falconry permits or falconry permits issued by states designated as participants in a joint Federal/state falconry permit system may bring a raptor legally possessed by the nonresident under authority of the falconry permit into this Commonwealth to attend falconry meets or to hunt if:

   (1)  No laws or regulations of other states are violated.

   (2)  No Federal laws are violated.

   (3)  A nonresident Pennsylvania hunting license is obtained and hunting regulations are observed.

 (b)  A nonresident of this Commonwealth who possesses Federal falconry permits or falconry permits issued by states designated as participants in a joint Federal/State falconry permit system who moves into this Commonwealth for the purpose of becoming a resident may bring legally possessed raptors if required facilities are constructed within 30 days, and the nonresident applies for a Pennsylvania falconry permit no later than 60 days after moving to this Commonwealth. A permit in the same classification as held in the previous state of residence may be issued without a written examination. The falconry permit issued by the former state of residence will be authority to possess and exercise raptors until a Pennsylvania permit is obtained, if no raptors are taken from the wild and raptors are not used to take quarry without a valid Pennsylvania hunting license.

   The provisions of this §  147.112 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  A person holding raptors under authority of a falconry permit shall possess a current hunting license. The hunting license shall be displayed while hunting wildlife with raptors. The falconry permit, or a facsimile thereof, shall be carried by the permittee when engaged in the sport of falconry.

 (b)  Captive breeding attempts, using raptors held under authority of falconry permits, are prohibited unless otherwise permitted under Federal law and then only under authority of a joint Federal/State permit.

 (c)  No permit will be renewed if the facilities do not meet the requirements of §  147.105 (relating to equipment).

 (d)  A person having a raptor in his possession whose falconry permit is not renewed or is revoked with cause has 30 days to return the birds to the wild by hacking-back or shall forfeit the raptors to the Commission. A raptor not indigenous to this Commonwealth shall be transferred to a licensed falconer or forfeited to the Commission.

 (e)  A permittee may not sell, purchase, barter or offer to sell, purchase or barter a raptor unless the raptor is marked on the metatarus by a seamless, numbered band supplied by the United States Fish and Wildlife Service.

 (f)  If a person, while engaged in the sport of falconry, unintentionally injures or kills wildlife which could not legally be killed at that time, the person shall notify the regional office servicing the area within 12 hours of the injury or killing. The wildlife injured or killed shall be put in a place of safe keeping and may be disposed of only as specified by a Commission officer.

 (g)  A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by a properly completed United States Fish and Wildlife Service Form 3-186A designating the permittee as the possessor of record and by a signed, dated statement from the permittee. If the period of care will exceed 30 days, written permission shall be obtained from the Commission. Illness, disability or death of the permittee would be cause for temporary transfer of the raptors of the permittee to another authorized person for care. The Commission shall be notified of this action within 5-calendar days following the temporary transfer. Final disposition of the raptors will be at the discretion of the Commission.

 (h)  Molted feathers, or feathers from birds held in captivity that die, may be retained by the permittee for imping purposes only.

 (i)  A permittee may transfer a raptor to another permittee if the transfer occurs entirely within this Commonwealth and a properly completed Form 3-186A is submitted to the United States Fish and Wildlife Service by each permittee as required.

 (j)  A permittee may transfer a raptor to or receive a raptor from another permittee in an interstate transaction if the prior written approval of both states is obtained and a properly completed Form 3-186A is submitted to the United States Fish and Wildlife Service by each permittee as required.

 (k)  Raptors which die shall be reported on a properly completed Form 3-186A submitted to the United States Fish and Wildlife Service as required. Carcasses of dead raptors shall be buried unless otherwise authorized by the Commission.

 (l)  A raptor which is not indigenous to the Commonwealth may not be intentionally released to the wild without prior written approval of the Commission.

 (m)  Captive bred and hybrid raptors used for falconry shall be included as part of the permittee’s possession limit.

 (n)  Raptors held under authority of a falconry permit may be used for falconry. They cannot be used for another purpose except falconry demonstrations, which shall include the actual flying of the raptor. A notice of scheduled falconry demonstrations shall be submitted in writing to the regional office in charge of that area at least 5 days prior to the event. The notice shall set forth the location, date and time of the falconry demonstration.

 (o)  A permittee who refuses sponsorship of an applicant shall report the reasons for refusal to the Commission in writing within 10 days upon written request of the Commission.

 (p)  A sponsor may not have more than three apprentices at one time.

 (q)  This subchapter does not prohibit activities which are otherwise permitted.

   The provisions of this §  147.113 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965; amended under the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 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.

   The provisions of this §  147.114 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.114 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

Subchapter G. [Reserved]

§ 147.121. [Reserved].

   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.

 (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.

   The provisions of this §  147.141 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  103(a) and 2102(a).

   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).

 (a)  A resident of this Commonwealth may immediately take possession of a deer accidentally killed on the highway and transport it to a place of safekeeping within this Commonwealth. The person taking possession shall contact a regional office or a local Commission officer, for a permit number within 24 hours after having taken possession of the deer. The permit number shall be considered a valid permit for the purposes of the act and this part and shall be valid for a period not to exceed 120 days from the date of issuance. The whole or any part of the deer may not be given to any person nor may any edible part be removed from the recipient’s place of residence. The recipient may not sell or transfer the hide to another party except the hide may be given to the deer processor. Unused parts of the deer must be disposed of lawfully.

 (b)  Holders of a valid furtakers license may take possession of a furbearer, except river otters, bobcats and fishers, accidentally killed on the highway. Persons taking possession of any furbearer under this section during the closed season for taking that furbearer shall within 24 hours contact any Commission regional office to make notification of said possession.

 (c)  It is unlawful:

   (1)  To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.

   (2)  To give the whole or an edible part of a deer to a person.

   (3)  To fail to comply with one or more conditions of the permit.

   (4)  For a nonresident to possess a deer accidentally killed on the highway.

   (5)  To possess a furbearer accidentally killed on the highway during the closed season for more than 24 hours without notifying the Commission.

   (6)  To possess a river otter, bobcat or fisher accidentally killed on the highway, unless otherwise permitted by the Commission.

 (d)  This section is not applicable under circumstances when a person is charged with violating another statute or regulation involving deer or furbearers. This section may not be used nor will it be accepted as a defense in a legal proceeding involving these cases.

 (e)  This section may not be construed in any manner to limit lawful possession of furbearers under §  147.141 (relating to sale of wildlife and wildlife parts).

   The provisions of this §  147.142 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  103(a), 2102(a) and 2901(b).

 (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.

   The provisions of this §  147.143 adopted March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316.

 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.

   The provisions of this §  147.144 adopted March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316.

 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).

 (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.

   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).

   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.

 (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.

   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.

 (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 Commission’s Harrisburg Office within 5 working days of the shipment.

 (c)  A shipment of furs not in compliance with this subchapter constitutes a separate offense.

   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.

 (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.

 Marking shall be in compliance with section 2930(d) of the act (relating to propagating permits).

 (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.

 (a)  Scope. The Director may issue raptor propagation permits to individuals who meet the requirements in 16 U.S.C.A. § §  703—711 (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. § §  703—711 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. § §  703—711 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. § §  703—711 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.

 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.

   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.

 (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.’’

 (a)  A request for permission to hold a trial for dogs on lands under the control of the Commission shall be made in writing, at least 30 days in advance of the requested trial date, to the regional office under whose jurisdiction the lands are located.

 (b)  Upon approval of an applicant’s request, permission to hold a trial may be granted by the issuance of a permit under the signature of the Executive Director or a designee. The permit shall list regulations governing the conduct of the trial and the use of the grounds for those purposes.

 (c)  A field trial may be held only during the period August 1 to April 30, excepting the regular open season for hunting small game, antlered and antlerless deer. Dates for national or State championship trials may be considered by the regional director during closed periods.

 (d)  A retriever trial will be permitted between June 1 and October 1 and January 15 until April 30 of each year. Dates for national or State championship trials may be considered by the regional director during closed periods.

 (e)  An applicant or a designee shall meet with appropriate field officers of the Commission at least 10 days prior to the date of a trial to review the regulations and to assure an understanding of the course location and layout.

 (f)  A field trial shall be conducted through the use of a predetermined course approved by a Commission representative.

 (g)  Unless otherwise approved by the Executive Director or a designee, a permittee shall provide temporary, portable headquarters for conducting the trial, including portable toilet facilities. The facilities shall be removed upon conclusion of the event.

 (h)  A permittee is responsible for the cleanup and removal of litter upon conclusion of the trial.

 (i)  Horses shall be tethered at a designated area; otherwise pasturing is prohibited. Stable facilities will not be furnished.

 (j)  Vehicles shall be parked only at a designated area.

 (k)  Riders on horseback, including officials and gallery, may not exceed 15 persons. Dependent upon ground conditions, the number of riders on horseback may be further restricted.

 (l)  For the appropriate conduct of the trials, marshals shall be required to keep the gallery in line and on course. Horses with riders may not be permitted outside the marked or otherwise designated trial areas.

 (m)  The permittee shall be wholly and solely responsible for loss or damage to property, bodily injury or death arising out of an operation conducted and agree to hold harmless the Commission for damage, loss, claims, demands, suits, costs and expenses which may be suffered by the Commission directly or indirectly by reason of the use of these lands by the permittee or its agent.

 (n)  After having been advised of an infraction of the regulations governing the conduct of the trial, and if the person in charge of the trial fails to correct the infractions, the Executive Director or a Commission officer will have the authority to cause the trial to terminate and to order the participants, with associated equipment, to immediately vacate the area.

   The provisions of this §  147.222 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2901(b).

 (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.

   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.

 (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.

   The provisions of this §  147.241 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901.

 (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.

   The provisions of this §  147.242 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.242 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

 (a)  Sanitation. Exotic wildlife maintained under this section shall be kept in a sanitary manner.

 (b)  Water. Clean, fresh water shall be provided daily. Water containers shall be cleaned and disinfected daily.

 (c)  Food. Food shall be kept in a manner to prevent spoilage or contamination.

 (d)  Waste. Fecal and food waste shall be removed from cages and dens daily, and disposed of or stored in a manner to prevent noxious odors or attraction of insects or vermin. Hard floors shall be scrubbed and disinfected, at least weekly. Large pens with dirt floors shall be raked every 3 days, and the waste removed.

 (e)  Drainage and pools. Cages and pens shall be designed to provide adequate drainage of the enclosure. Standing water may not be allowed except in the case of species requiring water for wading, submersing or swimming. Pools provided for exotic wildlife shall be cleaned as often as needed to ensure good water quality.

 (f)  General requirements. Procedures for sanitation, water disposal and proper disposition of feces and other waste material shall be in compliance with the requirements of local, State or Federal authorities.

   The provisions of this §  147.243 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.243 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

 (a)  Specifications. Minimum pen specifications and caging requirements for captive exotic wildlife are as follows:

   (1)  A cage or enclosure shall be covered at the top to prevent escape.

   (2)  A cage or enclosure shall be provided with bedding required for the animal’s comfort and to protect them from inclement weather. A suitable shield for protection against the hot rays of the sun shall be provided on outside enclosures. If the natural climate of wildlife held differs from the climate of the area where the dealer’s facility is located, provisions shall be made to adjust holding conditions to natural habitat.

   (3)  A cage shall have a secure locking device and shall be key locked or padlocked.

 (b)  Permanent housing. The following are required when exotic wildlife is held more than 10 days:

   (1)  Bears.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 25'L by 12'W by 12'H. For a pair, the cage shall be 30'L by 15'W by 12'H.

     (iii)   Accessories. A pool 6'W by 10'L by 4' deep is mandatory for polar bears. Either the large pool or a freshwater drinking pool 2'W by 2'L by 18" deep with facilities for spraying or wetting the animals during hot weather periods is required for other bears.

   (2)  Lions and tigers.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 15'L by 10'W by 8'H. For a pair, the cage shall be 20'L by 10'W by 8'H.

     (iii)   Accessories. At least two claw logs, one shelf 30"W, 10'L at one end and 40"H off the floor level.

   (3)  Leopards, jaguars and cougars.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 10'L by 8'W by 8'H. For a pair, the cage shall be 15'L by 8'W by 8'H.

     (iii)   Accessories. At least two claw logs and one shelf 24"W, 8'L and 40"H off the floor level.

   (4)  Cheetahs.

     (i)   Number or size. Up to three animals.

     (ii)   Cage size. 40'L by 20'W by 8'H.

     (iii)   Accessories. A shelf 30"W by 6'L and 36" off the floor level is required for a single animal. For one pair, lengthen the shelf to 10 feet.

   (5)  Lesser cats. Bobcats, lynx, serval, caracal, ocelots and the like.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 8'L by 4'W by 6'H. For each additional animal, increase cage length 2 feet.

     (iii)   Accessories. At least two claw logs and a shelf 14"W by 4'L and 36" off the floor level are required. A den or retreat area is also required.

   (6)  Geoffroy’s cats, leopard cats, margay and other wild cats up to 10 pounds adult weight.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 4'L by 4'W by 6'H. For each additional animal, increase cage length by 1 foot.

     (iii)   Accessories. At least two claw logs and one shelf 6"W by 3'L and 36" off the floor level are required. A den or retreat area is also required.

   (7)  Foxes, jackals and the like.

     (i)   Number or size. One pair.

     (ii)   Cage size. 8'L by 4'W by 6'H.

     (iii)   Accessories. One shelf 18"W by 4'L and 36" off the floor level is required in addition to a den or retreat area.

   (8)  Coyotes, cape hunting dogs, dingos and the like.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 10'L by 8'W by 6'H. For each additional animal, increase cage length by 10 feet.

     (iii)   Accessories. A secluded den area that is 4'W by 4'L for a single animal is required. Add 3 feet in length for each additional animal.

   (9)  Wolves, hyenas.

     (i)   Number or size. Single animal.

     (ii)   Cage size. 15'L by 8'W by 6'H. For a pair, double the cage length. For each additional animal after two, add 10 feet to the cage length.

     (iii)   Accessories. A secluded den area 4'W by 4'L is required for a single animal. Add 3 feet in length for each additional animal.

 (c)  Temporary housing. Required when exotic wildlife is held 10 days or less.

   (1)  Number or size. Single animal.

   (2)  Cage size. Cage length shall be at least double the animal’s body length, excluding tail. Cage width shall equal or exceed body length. Cage height shall extend at least 2 feet above the standing animal’s head to ensure proper ventilation. For two or more animals kept together, add 1/3 more cage length for each additional animal.

   (3)  Accessories. The cage shall be constructed of steel or case-hardened aluminum. The cage shall have a secure locking device and shall be key locked or padlocked. The cage shall be well ventilated.

 (d)  Traveling cage. A traveling cage shall be used only in the actual transportation of exotic wildlife.

   (1)  Number or size. Single animal.

   (2)  Cage size. The size of traveling cages for wildlife in transit shall be as follows: the animal shall be able to turn around and stand up on all fours with head clearance.

   (3)  Accessories. The cage shall be constructed of steel or case-hardened aluminum with one solid side or portable divider panel so that no animal can harm another. A steel floor with wood surface suitable for drainage of urine is necessary. A cage shall have a secure locking device and shall be key locked or padlocked. The cage shall be well ventilated. A cage exposed directly to the public shall be constructed of steel or alloy bars no more than 1 1/2 inches apart.

   (4)  Ventilation. Exotic wildlife shall travel in air conditioned or well ventilated vehicles that may be adjusted to weather conditions. Animals shall be provided fresh water while in transit twice in 24 hours and be fed at least once every 24 hours.

   The provisions of this §  147.244 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   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).

 (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.

   The provisions of this §  147.245 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.245 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

 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.

   The provisions of this §  147.246 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   The provisions of this §  147.246 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

   This section cited in 58 Pa. Code §  147.262 (relating to restrictions).

Subchapter N. EXOTIC WILDLIFE POSSESSION

Sec.

 (a)  General. This subchapter relates to the housing and care of exotic wildlife, and public protection from exotic wildlife held or transported by a person under the act or this part.

 (b)  Confinement. It is unlawful to maintain exotic wildlife, in confinement, in unsanitary or unsafe condition, or in a manner which results in maltreatment, mistreatment or neglect. No exotic wildlife may be confined in a pen, cage or enclosure which does not meet the 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. Exotic wildlife shall be housed in a safe and sanitary manner. Failure to provide sanitary surroundings for exotic wildlife or failure to adequately protect the public from exotic wildlife possessed under the act and this subchapter is a violation of this subchapter.

 (d)  Bill of sale. It is unlawful for a person to possess exotic wildlife, 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 exotic wildlife.

 (e)  Permit. A separate exotic wildlife possession permit is required for each animal.

 (f)  Experience required. A new applicant for an exotic wildlife possession 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.

   The provisions of this §  147.261 issued under the Game and Wildlife Code, 34 Pa.C.S. §  2901.

 Sections 147.242—147.246 (relating to safety; sanitation; housing; acquisition and disposal; and health and welfare) pertain to all exotic wildlife possession permits.

   The provisions of this §  147.262 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

   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.

 (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.

   The provisions of this §  147.281 amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901(b).

 (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.

   The provisions of this §  147.282 issued under The Game Law (34 P. S. § §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  Sanitation. Wildlife maintained under this subchapter shall be kept in a sanitary manner.

 (b)  Water. Clean, fresh water shall be provided daily. Water containers shall be cleaned and disinfected daily.

 (c)  Food. Food shall be kept in a manner to prevent spoilage or contamination.

 (d)  Waste. Fecal and food waste shall be removed from cages and dens daily and disposed of or stored in a manner to prevent noxious odors or attraction of insects or vermin. Hard floors shall be scrubbed and disinfected at least weekly. Large pens and paddocks with dirt floors shall be raked every 3 days and the waste removed.

 (e)  Drainage and pools. Cages, pens and paddocks shall be designed to provide adequate drainage of the enclosure. Standing water is not allowed except in the case of animals requiring water for wading, submersing or swimming. Pools provided for wildlife shall be cleaned as often as needed to ensure good water quality.

 (f)  General requirements. Procedures for sanitation, water disposal and proper disposition of feces and other waste material shall be in compliance with the requirements of local, State or Federal authorities.

   The provisions of this §  147.283 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 (a)  Cages or enclosures except paddocks, corrals, islands or grotto-type exhibits shall be covered at the top to prevent escape.

 (b)  A cage or enclosure shall have bedding required for the comfort and protection from inclement weather. A suitable shield for protection against the hot sun rays shall be provided on outside enclosures. If the natural climate of the wildlife being held differs from the climate of the area where the menagerie is located, provisions shall be made to adjust holding conditions to the natural habitat.

   (c) Signs shall be conspicuously posted on cages or enclosures prohibiting the public from feeding, except food obtained from the permittee, or annoying the wildlife. The owner or operator is responsible for enforcement.

   (d) A cage or enclosure shall be labeled in English with the proper common name of the wildlife confined. The letters shall be at least 1 inch in height.

   (e) A cage shall have a secure locking device and shall be key locked or padlocked.

   The provisions of this §  147.284 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

 It is unlawful for a permit holder to confine wildlife in a pen, cage or enclosure which does not meet minimum specifications or caging requirements. Except as otherwise provided in this section, minimum specifications and caging requirements for captive wildlife shall comply with the following:

   (1)  New World Monkeys.

     (i)   Marmosets.

       (A)   Number or size: One adult pair.

       (B)   Cage size: 3'L by 2'W by 4'H.

       (C)   Accessories: Two or more branch limbs for perching and a nest box.

     (ii)   Squirrel monkeys, titis, owls and other similar-sized monkeys.

       (A)   Number or size: One to three animals.

       (B)   Cage size: 4'L by 5'W by 5'H. For colonies of up to 15 monkeys, the cage shall be 12'L by 8'W by 6'H.

       (C)   Accessories: Two or more branch limbs for perching and a nest box.

     (iii)   Medium-sized South American monkeys. Capuchins, sakis, and the like.

       (A)   Number or size: One pair.

       (B)   Cage size: 5'L by 5'W by 6'H. For groups of four or more, the cage shall be 10'L by 5'W by 6'H.

       (C)   Accessories: Three parallel bars for swinging.

     (iv)   Large South American monkeys. Spiders, wooleys, howlers, and the like.

       (A)   Number or size: One pair.

       (B)   Cage size: 6'L by 6'W by 8'H. For two pairs, the cage shall be 10'L by 6'W by 8'H.

       (C)   Accessories: Three parallel bars in upper part of cage for swinging, plus two or more perching areas.

   (2)  Old World Monkeys.

     (i)   Macaques, guenons, mangabys, langurs, and the like.

       (A)   Number or size: One pair.

       (B)   Cage size: 6'L by 5'W by 6'H. For groups of four to six animals, the cage shall be 12'L by 8'W by 6'H.

       (C)   Accessories: Three or more perches.

     (ii)   Baboons, mandrills, dog-faces, and the like.

       (A)   Number or size: One pair.

       (B)   Cage size: 10'L by 6'W by 6'H. For groups of three to six animals, the cage shall be extended 3 feet in length for each additional animal.

       (C)   Accessories: Two shelves 10 inches to 12 inches wide are necessary for sleeping and resting.

   (3)  Apes.

     (i)   Gibbons.

       (A)   Number or size: One pair, plus one or two offspring.

       (B)   Cage size: 12'L by 6'W by 8'H.

       (C)   Accessories: Three parallel bars at least 4 feet apart shall be provided in the top 1/3 of cage along the length of enclosure for swinging.

     (ii)   Chimpanzees and orangutans.

       (A)   Number or size: Young, single animals—20 to 50 pounds.

       (B)   Cage size: 8'L by 6'W by 6'H. For adults, 50 pounds or over, the cages shall be 10'L by 6'W by 8'H. For two or three adults, double the floor area.

     (iii)   Gorillas.

       (A)   Number or size: Single animal.

       (B)   Cage size: 14'L by 12'W by 8'H. For two animals, double the floor area.

   (4)  Carnivores and certain omnivores with similar requirements.

     (i)   African lions and Asian tigers.

       (A)   Number or size: Single animal.

       (B)   Cage size: 15'L by 10'W by 8'H. For a pair, the cage shall be 20'L by 10'W by 8'H.

       (C)   Accessories: At least two claw logs, one shelf 30"W, 10'L and 40"H off the floor level.

     (ii)   Jaguars, leopards, pumas, cougars.

       (A)   Number or size: Single animal.

       (B)   Cage size: 10'L by 8'W by 8'H. For a pair, the cage shall be 15'L by 8'W by 8'H.

       (C)   Accessories: At least two claw logs and one shelf 24"W, 8'L and 40"H off the floor level.

     (iii)   Lesser cats. Bobcats, lynx, ocelots, marga