Section 147.106a. Nonresident falconers

(a) Temporary importation. A nonresident may temporarily import raptors into this Commonwealth for the purpose of attending a falconry meeting or to hunt, provided the possession and importation of the raptors is in compliance with all applicable Federal and State laws and regulations. The temporary importation may not exceed 30 days without additional authorization from the Commission.

(b) Permanent importation. A nonresident who moves into this Commonwealth for the purpose of becoming a resident may permanently import raptors into this Commonwealth provided the following conditions are met:

(1) Possession and importation of the raptors is otherwise in compliance with applicable State and Federal laws and regulations.

(2) Establishes permanent housing facilities for the raptors that meet or exceed the requirements of § 147.104 (relating to shelter, care and protection) within 30 days of importation.

(3) Obtain a Pennsylvania falconry permit no later than 60 days after relocation into this Commonwealth. A relocating nonresident is eligible to receive a Pennsylvania falconry permit of the same or equivalent classification. The falconry permit issued by the former state of residence will be deemed the nonresident’s temporary authority to possess and exercise imported raptors until the Pennsylvania permit is issued. This temporary authority may not be construed to permit the taking of additional raptors from the wild in this Commonwealth.

(c) Taking restriction. Taking restrictions for nonresidents are as follows:

(1) A nonresident permittee possessing a current and active falconry permit in the General or Master classification in a state listed in 50 CFR 21.29(k) (relating to Federal falconry standards), may apply for a special permit to take one raptor from the wild in this Commonwealth if the home state of the applicant allows the taking of raptors by nonresidents.

(2) The fee for a permit to take a raptor is $100 and is not refundable.

(3) Applications for this permit shall be submitted directly to the Bureau of Wildlife Protection with the applicant’s name, address, telephone number, date of birth, and the species desired and whether a nestling (eyas) or passage bird is requested. Copies of the applicant’s current state or Federal, or both, falconry permit along with a valid import permit or letter from the applicant’s home state authorizing the import of the raptor being requested shall accompany the application. A certified check or money order in the amount of $100 payable to ‘‘Pennsylvania Game Commission’’ must accompany the application.

(4) Periods for taking raptors as authorized under a nonresident take permit are May 8 to July 15, inclusive for nestling (eyas) birds, or September 19 to December 31, inclusive for passage birds.

(5) A permittee may not take the last remaining nestling-eyas-from a nest.

(6) The number of permits issued annually will not exceed:

Number	Type
5	Nestling (Eyas)
15	Passage

(7) Eyas Goshawk birds may not be taken.

(8) Permits will be issued under a first-come-first-served basis until the annual allocation is exhausted.

(9) The acquisition of a raptor taken from the wild as authorized by the take permit shall be reported to the United States Fish and Wildlife Service by completing a Form 3-186A (Migratory Bird Acquisition and Disposition Reprot) and forwarding a copy to the Bureau of Wildlife Protection within 5 days.

(10) Raptors taken under the authority of this permit shall be used for falconry purposes only.

The provisions of this § 147.106a adopted November 27, 2009, effective January 1, 2010, 39 Pa.B. 6760.

Notation

Authority

The provisions of this § 147.106a issued under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2901(b).