§ 147.109. Restrictions on taking raptors.

 (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).

   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).