58 Pa. Code § 137.35

Current through Register Vol. 54, No. 45, November 9, 2024

Section 137.35 - Chronic Wasting Disease restrictions

(a)Importation.

(1)General rule. It is unlawful to import any high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth.

(2)Exceptions. This subsection may not be construed to:

(i) Limit the importation of non-high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth.

(ii) Limit the importation of high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth if the parts or materials are transported directly to any location or facility designated and approved in advance by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, or butchering purposes. Locations or facilities designated and approved to receive high-risk cervid parts for waste disposal, taxidermy or butchering purposes will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The following apply:

(A)Application. A location or facility seeking approval to receive high-risk cervid parts for waste disposal, taxidermy or butchering purposes shall submit a completed application on a form and in the manner established by the Commission. Applications must include the applicant's name, business address, phone number, name of current commercial refuse pickup service or other approved disposal method, and any other information required by the Commission.

(B)Approved locations and facilities. A location or facility approved by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, or butchering purposes shall dispose of all high-risk cervid parts through a commercial refuse pickup service or other method approved by the Commission. An approved location or facility shall keep and maintain records of their use of an approved disposal method and provide access to these records upon request of the Commission. An approved location or facility shall also provide the Commission access to its location or facility during normal business hours to collect biological data and samples from harvested cervids.

(b)Exportation.

(1)General rule. It is unlawful to remove or export any high-risk parts or materials from cervids harvested, taken or killed, including by vehicular accident, within any Disease Management or Established Area established within this Commonwealth.

(2)Exceptions. This subsection may not be construed to:

(i) Limit the removal or exportation of non-high-risk parts or materials from cervids harvested, taken or killed within any Disease Management or Established Area established within this Commonwealth.

(ii) Limit the removal or exportation of high-risk parts or materials from cervids harvested, taken or killed in any Disease Management or Established Area established within this Commonwealth if the parts or materials are transported directly to any location or facility designated and approved in advance by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes. Locations or facilities designated and approved to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The following apply:

(A)Application. A location or facility seeking approval to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes shall submit a completed application on a form and in the manner established by the Commission. Applications must include the applicant's name, business address, phone number, name of current commercial refuse pickup service or other approved disposal method, and any other information required by the Commission.

(B)Approved locations and facilities. A location or facility approved by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes shall dispose of high-risk cervid parts only through a commercial refuse pickup service or other method approved by the Commission. An approved location or facility shall keep and maintain records of their use of an approved disposal method and provide access to these records upon request of Commission. An approved location facility shall also provide the Commission access to their location or facility during normal business hours to collect biological data and samples from harvested cervids.

(b.1)Additional restrictions.

(1) All cervids harvested, taken or killed within any Disease Management or Established Area established within this Commonwealth or imported into this Commonwealth are subject to disease testing. This testing may require hunters to present cervids, or cervid parts, for checking and sampling at prescribed locations under conditions in a forthcoming notice. The submission process, if any, will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The cost of testing, sampling and analysis will be borne by the Commission.

(2) It is unlawful to rehabilitate wild, free-ranging cervids within any Disease Management or Established Area established within this Commonwealth.

(3) It is unlawful to use or possess cervid urine-based attractants in any outdoor setting within any Disease Management or Established Area established within this Commonwealth.

(4) It is unlawful to directly or indirectly feed wild, free-ranging cervids within any Disease Management or Established Area established within this Commonwealth. This prohibition may not be construed to apply to normal or accepted agricultural, habitat management, oil and gas drilling, mining, forest management, or other legitimate commercial or industrial practices. If otherwise lawful feeding is attracting cervids, the Commission may provide written notice prohibiting this activity. Failure to discontinue this activity is a violation of this section.

(5) The Commission will not issue any new permit to possess or transport live cervids within any Disease Management or Established Area established within this Commonwealth.

(6) It is unlawful to transport or move a cervid harvested, taken or killed outside of this Commonwealth or within any Disease Management or Established Area from the location of harvest or kill and thereafter place or dispose of any high-risk cervid parts on the landscape anywhere within the Commonwealth. High-risk cervid parts shall be disposed of only through a commercial refuse pickup service or other method approved by the Commission.

(c)Nonapplicability.

(1) Nothing in this section shall be construed to extend to the regulation of Captive cervids 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.

(2) Nothing in this section shall be construed to limit the Commission's authority to establish or enforce additional importation, exportation, possession, transportation, or testing requirements or restrictions on cervid parts or materials under the authority of 137.34 (relating to Chronic Wasting Disease and emergency authority of Director).

(d)Authority to designate. The Executive Director has the authority to designate and publish a list of current CWD-endemic states and Canadian provinces and Disease Management Areas established within this Commonwealth. The Executive Director will publish this list and any updates in the Pennsylvania Bulletin.

(e)Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

CWD-Chronic Wasting Disease-The transmissible spongiform encephalopathy of cervids.

CWD-endemic states or Canadian provinces-States or Canadian provinces where CWD has been detected in wild or captive cervid populations.

Cervid-Any member of the family Cervidae (deer), specifically including the following species: black-tailed deer; caribou; elk; fallow deer; moose; mule deer; red deer; sika deer; white-tailed deer; and any hybrids thereof.

Disease Management Area-Any geographic area of this Commonwealth influenced by a positive case of CWD and targeted by the Commission for CWD management activities.

Feeding-The act of placing any artificial or natural substance for the use or consumption of wild, free-ranging cervids on an annual, seasonal or emergency basis.

High-risk parts or materials-Any parts or materials, derived from cervids, which are known to accumulate abnormal prions. This includes any of the following: head (including brain, tonsils, eyes and lymph nodes); spinal cord/backbone (vertebra); spleen; skull plate with attached antlers, if visible brain or spinal cord material is present; cape, if visible brain or spinal cord material is present; upper canine teeth, if root structure or other soft material is present; any object or article containing visible brain or spinal cord material; and brain-tanned hide.

Non-high-risk parts or materials-Any parts or materials, derived from cervids, which are not known to accumulate abnormal prions. This includes any of the following: meat, without the backbone; skull plate with attached antlers, if no visible brain or spinal cord material is present; tanned hide or rawhide with no visible brain or spinal cord material present; cape, if no visible brain or spinal cord material is present; upper canine teeth, if no root structure or other soft material is present; and taxidermy mounts, if no visible brain or spinal cord material is present.

(f)Violations. A person violating a requirement or restriction in this section may be prosecuted under section 2102 or 2307 of the act (relating to regulations; and unlawful taking or possession of game or wildlife) and, upon conviction, be sentenced to pay the fine prescribed in the act. The Commission may deny, revoke or suspend a location or facility's authorization to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes from any cervid harvested, taken or killed outside of this Commonwealth or within any Disease Management or Established Area as set forth in section 929(a) of the act (relating to revocation, suspension or denial of license, permit or registration).

58 Pa. Code § 137.35

The provisions of this §137.35 adopted May 5, 2017, effective 5/6/2017, 47 Pa.B. 2601;

Amended March 12, 2021, effective 3/13/2021, 51 Pa.B. 1313

Amended by Pennsylvania Bulletin, Vol 53, No. 23. June 10, 2023, effective 6/10/2023

This section cited in 58 Pa. Code § 141.18 (relating to permitted devices).