Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Importation.
(1)
General rule. It is
unlawful to import any high-risk parts or materials from cervids harvested,
taken or killed outside of this Commonwealth.
(2)
Exceptions. This
subsection may not be construed to:
(i) Limit
the importation of non-high-risk parts or materials from cervids harvested,
taken or killed outside of this Commonwealth.
(ii) Limit the importation of high-risk parts
or materials from cervids harvested, taken or killed outside of this
Commonwealth if the parts or materials are transported directly to any location
or facility designated and approved in advance by the Commission to receive
high-risk cervid parts for waste disposal, taxidermy, or butchering purposes.
Locations or facilities designated and approved to receive high-risk cervid
parts for waste disposal, taxidermy or butchering purposes will be made known
through public announcement, web site and other means reasonably intended to
reach the widest audience. The following apply:
(A)
Application. A location
or facility seeking approval to receive high-risk cervid parts for waste
disposal, taxidermy or butchering purposes shall submit a completed application
on a form and in the manner established by the Commission. Applications must
include the applicant's name, business address, phone number, name of current
commercial refuse pickup service or other approved disposal method, and any
other information required by the Commission.
(B)
Approved locations and
facilities. A location or facility approved by the Commission to
receive high-risk cervid parts for waste disposal, taxidermy, or butchering
purposes shall dispose of all high-risk cervid parts through a commercial
refuse pickup service or other method approved by the Commission. An approved
location or facility shall keep and maintain records of their use of an
approved disposal method and provide access to these records upon request of
the Commission. An approved location or facility shall also provide the
Commission access to its location or facility during normal business hours to
collect biological data and samples from harvested cervids.
(b)
Exportation.
(1)
General rule. It is unlawful to remove or export any high-risk
parts or materials from cervids harvested, taken or killed, including by
vehicular accident, within any Disease Management or Established Area
established within this Commonwealth.
(2)
Exceptions. This
subsection may not be construed to:
(i) Limit
the removal or exportation of non-high-risk parts or materials from cervids
harvested, taken or killed within any Disease Management or Established Area
established within this Commonwealth.
(ii) Limit the removal or exportation of
high-risk parts or materials from cervids harvested, taken or killed in any
Disease Management or Established Area established within this Commonwealth if
the parts or materials are transported directly to any location or facility
designated and approved in advance by the Commission to receive high-risk
cervid parts for waste disposal, taxidermy, butchering or harvest reporting
purposes. Locations or facilities designated and approved to receive high-risk
cervid parts for waste disposal, taxidermy, butchering or harvest reporting
purposes will be made known through public announcement, web site and other
means reasonably intended to reach the widest audience. The following apply:
(A)
Application. A location
or facility seeking approval to receive high-risk cervid parts for waste
disposal, taxidermy, butchering or harvest reporting purposes shall submit a
completed application on a form and in the manner established by the
Commission. Applications must include the applicant's name, business address,
phone number, name of current commercial refuse pickup service or other
approved disposal method, and any other information required by the
Commission.
(B)
Approved
locations and facilities. A location or facility approved by the
Commission to receive high-risk cervid parts for waste disposal, taxidermy,
butchering or harvest reporting purposes shall dispose of high-risk cervid
parts only through a commercial refuse pickup service or other method approved
by the Commission. An approved location or facility shall keep and maintain
records of their use of an approved disposal method and provide access to these
records upon request of Commission. An approved location facility shall also
provide the Commission access to their location or facility during normal
business hours to collect biological data and samples from harvested
cervids.
(b.1)
Additional
restrictions.
(1) All cervids
harvested, taken or killed within any Disease Management or Established Area
established within this Commonwealth or imported into this Commonwealth are
subject to disease testing. This testing may require hunters to present
cervids, or cervid parts, for checking and sampling at prescribed locations
under conditions in a forthcoming notice. The submission process, if any, will
be made known through public announcement, web site and other means reasonably
intended to reach the widest audience. The cost of testing, sampling and
analysis will be borne by the Commission.
(2) It is unlawful to rehabilitate wild,
free-ranging cervids within any Disease Management or Established Area
established within this Commonwealth.
(3) It is unlawful to use or possess cervid
urine-based attractants in any outdoor setting within any Disease Management or
Established Area established within this Commonwealth.
(4) It is unlawful to directly or indirectly
feed wild, free-ranging cervids within any Disease Management or Established
Area established within this Commonwealth. This prohibition may not be
construed to apply to normal or accepted agricultural, habitat management, oil
and gas drilling, mining, forest management, or other legitimate commercial or
industrial practices. If otherwise lawful feeding is attracting cervids, the
Commission may provide written notice prohibiting this activity. Failure to
discontinue this activity is a violation of this section.
(5) The Commission will not issue any new
permit to possess or transport live cervids within any Disease Management or
Established Area established within this Commonwealth.
(6) It is unlawful to transport or move a
cervid harvested, taken or killed outside of this Commonwealth or within any
Disease Management or Established Area from the location of harvest or kill and
thereafter place or dispose of any high-risk cervid parts on the landscape
anywhere within the Commonwealth. High-risk cervid parts shall be disposed of
only through a commercial refuse pickup service or other method approved by the
Commission.
(c)
Nonapplicability.
(1)
Nothing in this section shall be construed to extend to the regulation of
Captive cervids held under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal
Law) or the requirements of a lawful quarantine order issued by the Department
of Agriculture.
(2) Nothing in this
section shall be construed to limit the Commission's authority to establish or
enforce additional importation, exportation, possession, transportation, or
testing requirements or restrictions on cervid parts or materials under the
authority of
137.34
(relating to Chronic Wasting Disease and emergency authority of
Director).
(d)
Authority to designate. The Executive Director has the
authority to designate and publish a list of current CWD-endemic states and
Canadian provinces and Disease Management Areas established within this
Commonwealth. The Executive Director will publish this list and any updates in
the Pennsylvania Bulletin.
(e)
Definitions. The
following words and terms, when used in this section, have the following
meanings, unless the context clearly indicates otherwise:
CWD-Chronic Wasting Disease-The
transmissible spongiform encephalopathy of cervids.
CWD-endemic states or Canadian
provinces-States or Canadian provinces where CWD has been detected in
wild or captive cervid populations.
Cervid-Any member of the family Cervidae
(deer), specifically including the following species: black-tailed deer;
caribou; elk; fallow deer; moose; mule deer; red deer; sika deer; white-tailed
deer; and any hybrids thereof.
Disease Management Area-Any geographic area
of this Commonwealth influenced by a positive case of CWD and targeted by the
Commission for CWD management activities.
Feeding-The act of placing any artificial or
natural substance for the use or consumption of wild, free-ranging cervids on
an annual, seasonal or emergency basis.
High-risk parts or materials-Any parts or
materials, derived from cervids, which are known to accumulate abnormal prions.
This includes any of the following: head (including brain, tonsils, eyes and
lymph nodes); spinal cord/backbone (vertebra); spleen; skull plate with
attached antlers, if visible brain or spinal cord material is present; cape, if
visible brain or spinal cord material is present; upper canine teeth, if root
structure or other soft material is present; any object or article containing
visible brain or spinal cord material; and brain-tanned hide.
Non-high-risk parts or materials-Any parts
or materials, derived from cervids, which are not known to accumulate abnormal
prions. This includes any of the following: meat, without the backbone; skull
plate with attached antlers, if no visible brain or spinal cord material is
present; tanned hide or rawhide with no visible brain or spinal cord material
present; cape, if no visible brain or spinal cord material is present; upper
canine teeth, if no root structure or other soft material is present; and
taxidermy mounts, if no visible brain or spinal cord material is present.
(f)
Violations. A person violating a requirement or restriction in
this section may be prosecuted under section 2102 or 2307 of the act (relating
to regulations; and unlawful taking or possession of game or wildlife) and,
upon conviction, be sentenced to pay the fine prescribed in the act. The
Commission may deny, revoke or suspend a location or facility's authorization
to receive high-risk cervid parts for waste disposal, taxidermy, butchering or
harvest reporting purposes from any cervid harvested, taken or killed outside
of this Commonwealth or within any Disease Management or Established Area as
set forth in section 929(a) of the act (relating to revocation, suspension or
denial of license, permit or registration).
This section cited in 58 Pa. Code §
141.18 (relating to permitted
devices).
