Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

58 Pa. Code § 147.104. Shelter, care and protection.

§ 147.104. Shelter, care and protection.

 (a)  Housing. Any raptor possessed under a falconry permit shall be housed in a permanent indoor or outdoor facility that provides humane and healthful living conditions, including suitable protection from the environment, predators and disturbance.

   (1)  Size. Housing facilities must be large enough to afford the permittee easy access to provide for the care and feeding of raptors housed within. Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings and bate without damaging its feathers or contacting other raptors.

   (2)  Containment. Housing facilities must be totally enclosed and of a design, strength, quality and condition to provide for the adequate containment of any raptor housed within and exclusion of any predators from without. If two or more raptors are housed in the same housing facilities, each raptor shall be separated from other raptors by partitioning walls or suitable tethering. Compatible raptors may be housed together.

   (3)  Protection. Housing facilities must provide areas of refuge that provide adequate protection from excessive sun, wind, inclement weather and disturbance to any raptor housed within.

   (4)  Perches. Housing facilities must provide a suitable perch for each raptor housed within.

   (5)  Sunlight. Housing facilities must provide at least one opening or window to permit the admission of sunlight. The opening or window must be protected on the inside with visible bars spaced narrower than the width of the raptor’s body to deter in flight impacts.

   (6)  Cleaning and drainage. Housing facilities must be of a design and condition to permit easy cleaning and adequate drainage.

   (7)  Transportation. Raptors may be transported to and from their permanent or temporary housing facilities provided they have a suitable perch and protection from extreme temperatures, wind and excessive disturbance.

   (8)  Temporary housing. Raptors may be housed outside of their permanent housing facilities, provided they have a suitable perch and protection from extreme temperatures, wind and excessive disturbance for a period not to exceed 30 days without additional authorization from the Commission. Permittees are required to notify the district wildlife conservation officer within 5 days of the commencement of use of a temporary housing facility.

 (b)  Equipment. Permittees shall possess the following equipment suitable for the maintenance of raptors:

   (1)  Jesses. At least one pair of Aylmeri jesses or jesses of similar type or design and constructed of pliable, high quality leather or suitable synthetic material for use when free flying the raptor. Traditional one piece jesses may only be used for hunting or free flight if they do not have slits.

   (2)  Leashes and swivels. At least one flexible weather resistant leash and one strong swivel.

   (3)  Bath container. At least one suitable container accessible to each raptor for drinking and bathing purposes. The container must be 2 to 6 inches deep and wider than the length of the raptor.

   (4)  Outdoor perches. At least one suitable weathering area perch for each raptor.

   (5)  Weighing device. A reliable scale or balance suitable for weighing raptors. The device must be graduated in increments of not more than 1/2 ounce or 15 grams.

 (c)  Maintenance, care and sanitation. Permittees shall maintain all raptors and their attendant housing facilities in a safe, sanitary and humane condition.

   (1)  Food. Permittees shall provide each raptor with adequate supplies of palatable, uncontaminated and nutritionally adequate food suitable to ensuring the normal health and maintenance of raptors.

   (2)  Water. Permittees shall provide each raptor with adequate supplies of fresh, uncontaminated water that is available at all times.

   (3)  Waste. Permittees shall remove fecal, food and other waste from housing facilities as needed.

   (4)  Care. Permittees shall provide any necessary health care or seek care through a licensed veterinarian or wildlife rehabilitator for any sick or injured raptor.

 (d)  Inspection. A permittee’s raptors, housing facilities, equipment and records are subject to inspection by the Commission during normal business hours on any day of the week. All housing, equipment, maintenance, care and sanitation conditions are subject to the initial and ongoing approval of the Commission. Any required modifications shall be completed within 30 days after official oral or written notice of deficiency received from the Commission.

Authority

   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; amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2901(b).

Source

   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; amended November 27, 2009, effective January 1, 2010, 39 Pa.B. 6760. Immediately preceding text appears at serial pages (319748) to (319749).

Cross References

   This section cited in 58 Pa. Code §  147.106a (relating to nonresident falconers).



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