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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 § 147.744. Depredation permits for migratory waterfowl.

§ 147.744. Depredation permits for migratory waterfowl.

 (a)  A depredation permit issued by the United States Fish and Wildlife Service to an applicant may be co-signed by the Commission when the following criteria are met:

   (1)  Subsequent to a complaint, the site has been visited by a WCO to verify that a problem exists. A Commission waterfowl complaint form will be furnished to the Commission by the WCO. A copy of the Federal depredation permit application will be furnished to the complainant by the WCO.

   (2)  The applicant has demonstrated the site is open to hunting and hunting has been ineffective or hunting is impractical.

   (3)  The applicant shall demonstrate that reasonable nonlethal control methods have been attempted. Nonlethal control methods shall include the following:

     (i)   Feeding of waterfowl is prohibited. The applicant shall address this issue and include evidence of the enforcement of a ‘‘no feeding’’ policy.

     (ii)   Exclusion and harassment measures (fencing, repellents, scare devices, and the like).

     (iii)   Habitat manipulation (eliminate feeding areas, resting and breeding habitat).

 (b)  The following control methods are approved for population reduction and will be specifically identified in the depredation permit:

   (1)  Oiling, addling or freezing of eggs.

   (2)  Shooting may be used to reinforce nonlethal measures according to the following guidelines:

     (i)   The permit will specify the number of birds to be shot with no more than 10% of the nuisance flock to be killed except on airports covered by Airport Safety Control permits issued by the Commission.

     (ii)   Waterfowl may only be taken with shotgun using nontoxic shot no larger than size T.

     (iii)   The use of blinds, bait, decoys and calls is prohibited.

   (3)  Depopulation of waterfowl by the applicant, its employees, wildlife control agents, WS or authorized Federal or State wildlife agency personnel will be specified in the permit under the following guidelines:

     (i)   The number of birds to be killed may not exceed that specified in the permit.

     (ii)   Killing will be conducted only by persons specified in the permit by shooting with shotguns using nontoxic shot no larger than size T, or capturing birds and euthanasia by chemical or mechanical devices approved for use by the Executive Director or a designee.

 (c)  Waterfowl carcasses taken under depredation permits will be used according to the following guidelines:

   (1)  Care will be taken to preserve carcasses for human consumption and shall be made available to food banks or others specified in the permit. Birds euthanized by chemical means will not be utilized for human consumption.

   (2)  When the condition of the birds is unsuitable for human consumption or food banks, or individuals are not available to accept carcasses, the birds may be disposed of in a sanitary method by burying, incineration or depositing in approved landfills or refuse facilities.

Cross References

   This section cited in 58 Pa. Code §  147.746 (relating to exceptions for resident Canada geese).

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