§ 147.113. Miscellaneous.

 (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.

Authority

   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.

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).



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