Section 137.34. Chronic Wasting Disease and emergency authority of Director

(a) The Director has emergency authority to take actions to mitigate risk factors and to determine the prevalence and geographic distribution of Chronic Wasting Disease (CWD), if the Director concludes that the spread of CWD poses a threat to human safety, farm animals, pets or other cervids within or adjacent to this Commonwealth.

(1) The Director has emergency authority to:

(i) Prohibit the importation of high risk cervid parts from areas that are known to harbor CWD.

(ii) Define and designate Disease Management Areas (DMAs) in this Commonwealth.

(2) The Director has emergency authority within designated DMAs to:

(i) Allow the taking of cervids without regard to established seasons and bag limits and methods of take.

(ii) Require mandatory checking of hunter-killed cervids.

(iii) Prohibit the removal of high risk cervid parts.

(iv) Prohibit the rehabilitation of cervids.

(v) Prohibit the use and possession of cervid urine-based attractants.

(vi) Prohibit the feeding of cervids.

(vii) Prohibit any new permits to possess or transport live cervids.

(3) Notwithstanding paragraphs (1) and (2), the emergency authority of the Director will not be construed to extend to the regulation of captive cervids held under 3 Pa.C.S. Chapter 27 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.

(b) It is unlawful for a person to violate a provision of an Executive Order issued by the Director under the authority of this section. A person violating this section will, upon conviction, be sentenced to pay the fine prescribed in the act.

The provisions of this § 137.34 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6526; amended December 23, 2011, effective December 24, 2011, 41 Pa.B. 6879. Immediately preceding text appears at serial pages (326584) to (326585).

Notation

Authority

The provisions of this § 137.34 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 103(a) and 322(c)(9).