Subchapter F. FALCONRY

§ 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 An apprentice permittee shall notify the Commission in writing within 5 days after sponsorship has been withdrawn.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.