Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Purpose. This permit is
intended to permit the limited take of the Arctic Peregrine Falcon
(Falco peregrinus tundrius) solely for use in the practice of
falconry.
(b)
Application.
(1)
Applications for the Arctic Peregrine Falcon limited take special permit issued
under this section shall be made on PGC-12 (Special Permit/Examination
Request-Application).
(2)
Applications shall be completed in full and include a copy of the applicant's
falconry permit, Pennsylvania hunting license and a nonrefundable application
fee of $25.
(3) Applications shall
be sent directly to the Special Permits Enforcement Division in
Harrisburg.
(4) Applications will
be accepted beginning May 1 and must be submitted no later than July 31 to be
eligible for the drawing for that permit year.
(5) Only one application per eligible
falconer may be submitted during each permit year. If more than one application
is submitted by an eligible falconer, the applications submitted by the
applicant will be rejected and the applicant will be ineligible for that year's
drawing.
(c)
Eligibility.
(1)
Applications will only be accepted from persons who meet all of the following
criteria:
(i) Applicants shall possess a
current and valid master or general class falconry permit issued under this
subchapter.
(ii) Applicants shall
possess a current and valid Pennsylvania hunting license.
(iii) Applicants shall be a resident of this
Commonwealth or a nonresident whose home state allows the taking of Arctic
Peregrine Falcons by residents of this Commonwealth.
(2) Applicants who were successfully drawn
for an Arctic Peregrine Falcon limited take special permit during the previous
2 permit years are ineligible to make application.
(d)
Drawing.
(1) Each year the Commission will determine
the allowable take of Arctic Peregrine Falcons for the season based on the
guidelines provided by the United States Fish and Wildlife Service.
(2) If the allowable take authorized for this
Commonwealth is one or more in any given year, the Commission will hold a
public drawing by August 15 at a location to be determined by the Commission to
determine the successful applicants.
(3) The Commission will randomly draw the
names of eligible applicants up to and including the total allowable take. The
number of permits issued will be based solely on the total allowable take each
year. When the total allowable take number is reached, the drawing will be
closed and additional permits will not be issued. Resident applications will be
drawn first until either the annual allowable take quota or pool of available
resident applications is exhausted. If any portion of the annual allowable take
quota is available after resident applications are exhausted, then nonresident
applications will be drawn until the annual allowable take quota is exhausted.
(4) The Commission will issue an
Arctic Peregrine Falcon limited take special permit to successful applicants by
August 31 each year.
(e)
Authorized activities.
(1)
Arctic Peregrine Falcons (Falco peregrinus tundrius) may only
be taken by persons who have been issued a valid Arctic Peregrine Falcon
limited take special permit and who continue to meet the eligibility criteria
in subsection (c)(1).
(2) Arctic
Peregrine Falcons (Falco peregrinus tundrius) may be taken
only during the period of September 20 to October 20, inclusive.
(3) Banded Peregrine Falcons may not be taken
under the authorizations of this section. Banded Peregrine Falcons shall be
released immediately upon capture and the band numbers of the released birds
shall be reported to the Special Permits Enforcement Division within 24
hours.
(4) Arctic Peregrine Falcons
may only be captured by devices authorized under §
147.105a(4)
(relating to resident falconers).
(5) Persons issued an Arctic Peregrine Falcon
limited take special permit shall abide by other applicable State and Federal
falconry laws and regulations.
(6)
Upon successful capture of an Arctic Peregrine Falcon, the permittee shall
notify the Special Permits Enforcement Division with 24 hours. The permittee
shall arrange for inspection within 3 days of the capture as directed by the
Special Permits Enforcement Division.
(7) Upon inspection by the Commission as
indicated, the Arctic Peregrine Falcon shall be marked with a permanent,
nonreusable numbered leg band provided by the Commission.
(f)
Conformance with Federal
regulations. If the Federal regulations regarding dates or times of
application, drawing or take change, the Executive Director has the authority
to conform the Commonwealth's dates to the Federal regulations for that year in
which the dates under Federal regulations have changed.
(g)
Violations. Violations
of the requirements of this section are subject to the penalties in the act.
The provisions of this §147.111b issued under the
Game and Wildlife Code,
34 Pa.C.S. §§
322(c)(8) and
2901(b); amended under the
Game and Wildlife Code,
34 Pa.C.S. §
2901(b).
