Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

58 Pa. Code § 147.111b. Arctic Peregrine Falcon limited take special permit.

§ 147.111b. Arctic Peregrine Falcon limited take special permit.

 (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.

Authority

   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).

Source

   The provisions of this §  147.111b adopted March 20, 2015, effective March 21, 2015, 45 Pa.B. 1363; amended August 25, 2017, effective August 26, 2017, 47 Pa.B. 4983. Immediately preceding text appears at serial pages (376482) to (376484).



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