Subchapter K. PROPAGATING
147.203. Pens, shelters and enclosures.
147.204. Raptor propagation permits.
147.205. Stock used for propagation.
§ 147.201. General.
(a) The Commission will not exercise its powers to impose propagating permit restrictions upon the breeders of purely aviary species of pheasants, since the birds are not found in a wild state in this Commonwealth.
(b) A propagating permit is required to cover pheasants ordinarily used forshooting and restocking purposes, including all breeds of Chinese, Japanese, Formosan and Mongolian Ringneck pheasant, the English Blackneck, Melanistic Mutant and the Versi color pheasants. Other pheasants may be propagated for commercial purposes without a propagating permit.
§ 147.202. Marking.
Marking shall be in compliance with section 2930(d) of the act (relating to propagating permits).
§ 147.203. Pens, shelters and enclosures.
(a) Pens, shelters and enclosures must be:
(1) Adequate to contain the wildlife to be enclosed.
(2) Covered and completely surrounded by appropriate materials to confine the species being propagated and exclude surrounding wildlife.
(3) Large enough to provide the comfort and health of species held.
(b) Enclosures containing burrowing or digging wildlife shall be constructed to prevent escape by tunneling.
(c) Wildlife may not be exhibited to, or handled by the public. Private showings are permitted for prospective buyers.
(d) Wildlife which requires protection from the elements shall be provided adequate shelter or dens.
(e) Enclosures for birds not covered on July 1, 1987 are exempt from covering. New construction or rebuilding shall be covered.
The provisions of this § 147.203 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1310. Immediately preceding text appears at serial pages (285095) and (300833).
§ 147.204. Raptor propagation permits.
(a) Scope. The Director may issue raptor propagation permits to individuals who meet the requirements in 16 U.S.C.A. § § 703711 (relating to migratory bird treaty) and 50 CFR 21.30 (relating to raptor propagation permits).
(b) Privileges authorized under permit. Permittees may perform all activities under the conditions set forth in 16 U.S.C.A. § § 703711 and 50 CFR 21.30.
(c) Application for permit. When the Director of the United States Fish and Wildlife Service has approved an application for the issuance of a raptor propagation permit, the approval, along with copies of documents submitted by the applicant, shall be forwarded to the Director for review and approval. If it is determined by the Director that the applicant meets the requirements in 16 U.S.C.A. § § 703711 and 50 CFR 21.30, and the issuance of the permit will not adversely affect the wildlife resources of the Commonwealth, a raptor propagation permit may be issued to the applicant.
(d) Permit fee. The permit fee is $100 annually.
(e) Permit period. Permits shall be issued for the time period designated as the fiscal year for the Commonwealth. There is no reduced fee for a permit issued for less than 1 year.
(f) Reports required by permittee. Copies of reports required of the permittee in 16 U.S.C.A. § § 703711 and 50 CFR 21.30 shall be forwarded to the Director.
(g) Permit renewal. Application for the renewal shall be made on a form furnished by the Commission. The renewal application, along with the prescribed fee in the form of a check or money order made payable to the Game Commission, shall be forwarded to the Director at least 2 weeks in advance of the expiration date of the existing permit.
(h) Penalties. A person violating this section shall, upon conviction, be sentenced to the penalty prescribed in the act.
§ 147.205. Stock used for propagation.
Stock used for the propagation of wild birds and wild animals, except raptors, may not be birds or animals which have been removed from the wild. Parent birds and animals shall be secured from a person holding a valid wildlife propagation permit, the Commission or be legally imported into this Commonwealth.
The provisions of this § 147.205 adopted July 7, 1989, effective July 8, 1989, 19 Pa.B. 2956.
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