58 Pa. Code § 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 wildlife diseases, if the Director concludes that
the introduction or spread of wildlife diseases poses a threat to human,
domestic and wild animal, and environmental health and safety within or
adjacent to this Commonwealth.
(1) The
Director has emergency authority to:
(i)
Institute importation and exportation restrictions to mitigate disease
transmission risk factors.
(ii)
Define and designate Disease Management Areas (DMA) in this
Commonwealth.
(2) The
Director has emergency authority within designated DMAs to:
(i) Allow the taking of wildlife without
regard to established seasons and bag limits and methods of take.
(ii) Require mandatory disease testing or
disposal of wildlife or wildlife parts.
(iii) Prohibit the movement of high-risk
wildlife parts.
(iv) Prohibit the
rehabilitation of wildlife.
(v)
Prohibit the use and possession of wildlife products.
(vi) Prohibit the feeding of
wildlife.
(vii) Prohibit the
issuance of new permits and allow the suspension or modification of existing
permits to possess or transport live wildlife.
(3) Notwithstanding paragraphs (1) and (2),
the emergency authority of the Director will not be construed to extend to:
(i) The regulation of captive wildlife held
under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law) or the
requirements of a lawful quarantine order issued by the Department of
Agriculture.
(ii) The unilateral
regulation of wildlife concurrently managed by the Commonwealth and the Federal
government.
(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.
Notes
The provisions of this § 137.34 issued under the Game and Wildlife Code, 34 Pa.C.S. §§ 103(a) and 322(c)(9); and amended under the Game and Wildlife Code, 34 Pa.C.S. § 2102(a).
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