Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Temporary importation. A nonresident may temporarily import
raptors into this Commonwealth for the purpose of attending a falconry meeting
or to hunt, provided the possession and importation of the raptors is in
compliance with all applicable Federal and State laws and regulations. The
temporary importation may not exceed 30 days without additional authorization
from the Commission.
(b)
Permanent importation. A nonresident who moves into this
Commonwealth for the purpose of becoming a resident may permanently import
raptors into this Commonwealth provided the following conditions are met:
(1) Possession and importation of the raptors
is otherwise in compliance with applicable State and Federal laws and
regulations.
(2) Establishes
permanent housing facilities for the raptors that meet or exceed the
requirements of §
147.104 (relating to shelter, care
and protection) within 30 days of importation.
(3) Obtain a Pennsylvania falconry permit no
later than 60 days after relocation into this Commonwealth. A relocating
nonresident is eligible to receive a Pennsylvania falconry permit of the same
or equivalent classification. The falconry permit issued by the former state of
residence will be deemed the nonresident's temporary authority to possess and
exercise imported raptors until the Pennsylvania permit is issued. This
temporary authority may not be construed to permit the taking of additional
raptors from the wild in this Commonwealth.
(c)
Taking restriction.
Taking restrictions for nonresidents are as follows:
(1) A nonresident permittee 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 one raptor from the wild 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 Bureau of Wildlife Protection with the applicant's
name, address, telephone number, date of birth, 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" must accompany the application.
(4) 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.
(5) A permittee may not take
the last remaining nestling-eyas-from a nest.
(6) The number of permits issued annually
will not exceed:
| Number | Type |
| 5 | Nestling (Eyas) |
| 15 | Passage |
(7)
Eyas Goshawk birds may not be taken.
(8) Permits will be issued under a
first-come-first-served basis until the annual allocation is
exhausted.
(9) The acquisition of a
raptor taken from the wild as authorized by the take permit shall be reported
to the United States Fish and Wildlife Service by completing a Form 3-186A
(Migratory Bird Acquisition and Disposition Reprot) and forwarding a copy to
the Bureau of Wildlife Protection within 5 days.
(10) Raptors taken under the authority of
this permit shall be used for falconry purposes only.
(11) Raptors taken under the authority of
this permit may only be captured by devices authorized under §
147.105a(4)
(relating to resident falconers).
The provisions of this §147.106a issued under the
Game and Wildlife Code,
34 Pa.C.S. §§
2102(a) and
2901(b); amended under the
Game and Wildlife Code,
34 Pa.C.S. §
2901(b).
