Subchapter T. NUISANCE WILDLIFE CONTROL OPERATOR


Sec.


147.721.    General.
147.722.    Definitions.
147.723.    Application.
147.724.    Nuisance wildlife control operator examination.
147.724a.    [Reserved].
147.725.    Records and reports.
147.726.    Operation.
147.727.    Humane methods.
147.728.    Unlawful acts.
147.729.    Exemptions.

Authority

   The provisions of this Subchapter T issued under section 2901(b) of the Game and Wildlife Code (34 Pa.C.S. §  2901(b)), unless otherwise noted.

Source

   The provisions of this Subchapter T adopted November 2, 2001, effective November 3, 2001, 31 Pa.B. 6054, unless otherwise noted.

§ 147.721. General.

 A nuisance wildlife control operator permit is required for any resident or nonresident person to take, harass, transport, release or dispatch designated wildlife for another person or to solicit or offer his services to another to take, harass, transport or dispatch designated wildlife that is creating a nuisance, causing dam-age to property or is a risk to human health or safety. This permit authorizes the agent to control designated wildlife for another at any time of the year.

Authority

   The provisions of this §  147.721 amended under section 2901(b) of the Game and Wildlife Code (34 Pa.C.S. §  2901(b)).

Source

   The provisions of this §  147.721 amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2827; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial pages (335342) and (304165).

§ 147.722. Definitions.

 In addition to the definitions contained in the act and §  131.2 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Agent—A holder of a valid Nuisance Wildlife Control Operator Permit or a legitimate employee.

   Humane manner—When dispatching an animal, death shall be induced as quickly and painlessly as possible by any of the methods in §  147.727 (relating to humane methods).

   Legitimate employee—An employee of record, one for which the employer deducts or pays taxes or other fees required by any local, state or the Federal government and is listed on the permit.

Source

   The provisions of this §  147.722 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial page (304165).

Cross References

   This section cited in 58 Pa. Code §  147.728 (relating to unlawful acts).

§ 147.723. Application.

 (a)  An application for examination shall be submitted on a form supplied by the Commission. A nonrefundable fee of $25 for each test shall be submitted with the application for new agents only. An additional $50 shall be submitted for each permit if the examination is passed.

 (b)  Experience and qualifications shall be listed on the application. If applicable, the business name shall also be included.

 (c)  Conviction of a violation of the act within 5 years of the date of application shall preclude the issuance of a permit.

 (d)  An agent whose permit lapses for 2 or more years shall apply as a new applicant.

Source

   The provisions of this §  147.723 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial page (304165).

§ 147.724. Nuisance wildlife control operator examination.

 (a)  New agents are required to obtain a minimum score of 80% on a supervised written examination approved by the Director.

 (b)  The examination must cover the following subject matter:

   (1)  Biology, life history and habits of pertinent wildlife.

   (2)  Control methods, care and handling and euthanasia.

   (3)  Laws and regulations.

   (4)  Diseases and parasites.

   (5)  Public relations.

 (c)  New or existing agents seeking certification to control white-tailed deer are required to pass an additional separate examination after passing the basic examination. This examination is subject to the same examination subject matter and minimum score standards under subsections (a) and (b).

 (d)  New or existing agents applying for certification shall take the required examination within 180 days of final approval of their applications by the Bureau of Wildlife Protection.

 (e)  New or existing agents are eligible to take each certification examination a maximum of two times each permit year.

Authority

   The provisions of this §  147.724 amended under section 2102(a) of the Game and Wildlife Code (34 Pa.C.S. §  2102(a)).

Source

   The provisions of this §  147.724 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930; amended November 16, 2012, effective November 17, 2012, 42 Pa.B. 7109. Immediately preceding text appears at serial pages (341045) to (341046).

§ 147.724a. [Reserved].


Authority

   The provisions of this §  147.724a reserved under section 2102(a) of the Game and Wildlife Code (34 Pa.C.S. §  2102(a)).

Source

   The provisions of this §  147.724a adopted December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930; reserved November 16, 2012, effective November 17, 2012, 42 Pa.B. 7109. Immediately preceding text appears at serial page (341046).

§ 147.725. Records and reports.

 (a)  A record of all activities conducted under authority of the permit shall be kept on a form supplied by the Commission according to instructions on the form. The records shall be kept for 3 years and shall be the basis of any reports required by the Commission.

 (b)  Records shall be available for inspection during normal business hours at the request of a wildlife conservation officer.

 (c)  A report of activities shall be submitted, on a form supplied by the Commission, to the district wildlife conservation officer by the tenth day of each month. The report shall list the number of each species taken and the disposition of the wildlife.

 (d)  Nonresidents shall submit their report forms directly to the Bureau of Wildlife Protection.

Source

   The provisions of this §  147.725 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial pages (304165) to (304166).

§ 147.726. Operation.

 (a)  Approved methods and devices are as follows:

   (1)  Foot hold traps, body gripping traps, box traps, clover traps, cage traps, nets and snares.

   (2)  Agents who are certified pesticide applicators may take vertebrate species with pesticides in accordance with the regulations of the Department of Agriculture. See 7 Pa. Code Chapter 128 (relating to pesticides).

   (3)  Shooting with a firearm that will induce death as quickly and painlessly as possible.

   (4)  Dogs used to harass nuisance geese. The authorization to harass geese with dogs is prohibited at any time when goslings are present at the site and during the period from June 16 to July 20, when the majority of adult birds are flightless.

 (b)  The agent shall have the approval of the property owner or lessee and confine all activities to that property.

 (c)  The permit shall be carried at all times and presented upon the request of any officer whose duty it is to enforce this part.

 (d)  Except as otherwise provided, it is unlawful to sell, trade, barter or transfer to another person any live or dead animal or parts taken under authority of this permit. Furbearer pelts are excluded from this provision provided the particular species is taken during the hunting or trapping season by the holder of a valid hunting or furtaking license as required.

 (e)  Devices shall be tagged or labeled with the permit number, or trapper I.D. number.

 (f)  Devices shall be checked by the agent or property owner at least once each calendar day, but only the agent may remove an animal from a trap.

 (g)  Nuisance wildlife captured alive shall within 24 hours be dispatched in a humane manner or released in an area open to hunting or trapping. Nontarget animals may be released at the site of capture[.], with the following exceptions:

   (1)  Except as provided in paragraph (2), rabies vector species (RVS), as defined in §  147.301 (relating to definitions) shall be euthanized in a humane manner rather than released.

   (2)  An agent may not, without special written permission from the director, destroy or euthanize five or more bats at any one location.

 (h)  Carcasses shall be disposed of by incineration or in an approved landfill in a manner consistent with the solid waste laws of the Commonwealth. The taking of any white-tailed deer shall be reported within 24 hours and turned over to the district wildlife conservation officer, unless alternative arrangements are accepted by the district wildlife conservation officer.

Source

   The provisions of this §  147.726 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial page (304166).

§ 147.727. Humane methods.

 Animals shall be dispatched using the following methods:

   (1)  Birds shall be dispatched through the use of: inhalant anesthetics, carbon monoxide, carbon dioxide, barbiturates, gunshot, cervical dislocation, decapitation.

   (2)  Furbearers, small game and other small mammals shall be dispatched through the use of: inhalant anesthetics, carbon monoxide, carbon dioxide, barbiturates, gunshot or penetrating captive bolt.

   (3)  Big game shall be dispatched through the use of: barbiturates, gunshot, penetrating captive bolt or chloral hydrate.

Cross References

   This section cited in 58 Pa. Code §  147.722 (relating to definitions).

§ 147.728. Unlawful acts.

 It is unlawful to:

   (1)  Control any white-tailed deer, black bear, elk, wild turkey, beaver, fisher, otter or bobcat without prior approval of the District Wildlife Conservation Officer.

   (2)  Control any migratory birds unless the agent has the appropriate valid United States Fish and Wildlife Service depredation permit.

   (3)  Control any threatened or endangered species without proper permits and approval of the Commission.

   (4)  Fail to list or delete an employee from the permit.

   (5)  Dispatch any animal in any manner not defined as a humane manner in §  147.722 (relating to definitions).

   (6)  Conduct roundups or gather large numbers of resident Canada geese for removal from an area without prior approval from the Bureau of Wildlife Protection. Prior to authorization of a roundup, an applicant shall have conducted at least 2 consecutive years of nonlethal harassment techniques.

   (7)  Violate other provisions of this subchapter.

Source

   The provisions of this §  147.728 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930. Immediately preceding text appears at serial page (326601).

§ 147.729. Exemptions.

 (a)  A nuisance wildlife control operator permit will not be required for municipal, State or Federal employees conducting animal control activities if the following conditions are met:

   (1)  The municipal, State or Federal employee has agreed, in writing, to conduct animal control in accordance with this subchapter. However, permit testing and permit possession requirements do not apply.

   (2)  Written request for exemption shall be made to the district wildlife conservation officer on letterhead from the municipal, State or Federal entity. The request must state that the employee is a legitimate employee of the entity, is employed as an animal control officer and that the entity has accepted responsibility for the employee’s training and supervision as it relates to this subchapter.

   (3)  This exemption is valid only if an animal control officer is acting within his scope of duty.

Source

   The provisions of this §  147.729 adopted December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930.



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