Current through Register Vol. 54, No. 44, November 2, 2024
(a) Unless
otherwise provided in this section or the act, it is unlawful for a person to
import, possess, sell, offer for sale or release within this Commonwealth the
following wild animals or wild birds or the eggs of the birds or a crossbreed
or hybrid of the wild animals or wild birds, which are similar in appearance:
(1)
In the family Felidae.
Species and subspecies, except species which are commonly called house cats
which may be possessed but not released into the wild. Lawfully acquired
bobcats-Lynx rufus-may be imported or possessed, or both, by
licensed propagators specifically for propagation for fur farming purposes.
Importation permits and transfer permits as mentioned in subsections (d) and
(e) are not required for bobcats imported for propagation for fur farming
purposes. Bobcats imported under this exception and their progeny may not be
sold or transferred for wildlife pet purposes or released into the wild.
(2)
In the family
Canidae. Species and subspecies of the coyote, the red and gray fox
and a full-blooded wolf or crossbreed thereof not licensed by the Department of
Agriculture. Lawfully acquired coyotes and red or gray foxes may be imported or
possessed, or both, by licensed propagators specifically for propagation for
fur farming purposes. Coyotes and red and gray foxes imported under this
exception and their progeny may not be sold or transferred for wildlife pet
purposes or released into the wild. This subsection does not permit the sale
for release or the release of the mammals into the wild.
(3)
In the family Ursidae.
All species of the bears.
(4)
In the family Procyonidae. All species of raccoons.
(5)
In the family
Capromyidae. The nutria.
(6)
In the family
Mustelidae. All species of the skunks.
(7) The order Primates. All families of
nonhuman primates.
(8) An animal,
bird or egg of a bird listed by the Commonwealth or the United States
Department of the Interior as threatened, endangered or injurious.
(9) The Monk Parakeet, Myiopsitts
monachus, sometimes referred to as the Quaker Parakeet or Gray-headed
Parakeet.
(10) Game or wildlife
taken alive from the wild, except the Commission may import wildlife taken from
the wild for enhancement of this Commonwealth's wild fauna.
(11)
Game or wild held
captive. Game or wildlife held in captivity or captive bred in another
state or nation.
(b)
Nothing in this section prevents a Nationally recognized circus from
temporarily bringing wildlife into this Commonwealth in connection with
presenting circus performances.
(c)
Nothing in this section prevents zoological gardens from importing
wildlife.
(d) A person wishing to
import lawfully acquired wildlife, or parts thereof, shall first obtain an
importation permit from the Commission subject to the following:
(1) Importation permits will be issued for a
fee of $50 for each transaction.
(2) A person wishing to import wildlife for a
menagerie, exotic wildlife possession, exotic wildlife dealer or propagation
purposes shall be in possession of a menagerie, exotic wildlife possession,
exotic wildlife dealer or propagation permit prior to submitting the
application for an import permit. See Chapter 147 (relating to special
permits).
(3) An application for an
importation permit shall state the name and address of the applicant, name and
address of the person supplying the wildlife, the common and scientific name
and the number of wildlife to be covered by the permit, the purpose for which
the wildlife is being imported, the qualifications of the applicant to use the
wildlife for the stated purpose and the location where the wildlife will be
housed or retained.
(4) Menagerie
permittees who also possess a USDA Class C Exhibitor permit and who operate a
menagerie facility as their primary means of making a livelihood, are exempt
from the possession prohibition of this section, and may import lawfully
acquired wildlife pursuant to an importation permit.
(e) Transfer of wildlife imported under
subsection (d), or its progeny, or parts thereof, to a second party by sale,
trade, barter or gift may only be done subject to the following:
(1) A permit issued by the Commission is
required to transfer by sale, trade, barter or gift, wildlife or its progeny,
or a part thereof.
(2) The fee for
a transfer permit is $50.
(3)
Transfer is limited to persons authorized to lawfully import
wildlife.
(f) Live
wildlife imported for any reason shall be accompanied by a certificate of
veterinary inspection signed by an accredited veterinarian.
The provisions of this §137.1 amended under the Game
and Wildlife Code,
34 Pa.C.S. §§
2102(a) and
(c),
2163(a), and
2901(b).
