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of this §  147.104 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.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