| (a) Activities authorized by a permit issued under
this subchapter shall be conducted only by the permittee and/or subpermittees
named on the permit or volunteers in compliance with the requirements
of this subchapter.
(b) Except as provided in subsection (c) of this section,
activities authorized by a permit issued under this subchapter shall
be conducted only at a rehabilitation facility or satellite facility
registered with the department via an electronic application designated
by the department for that purpose.
(c) A permittee or subpermittee may possess sick or
injured wildlife while not at a registered facility or satellite facility
only for the amount of time necessary to stabilize and transport the
wildlife to a registered facility or satellite facility.
(d) A volunteer may engage in permitted activities
if:
(1) the volunteer is identified on the daily volunteer
log as required under §69.52 of this title (relating to Reports
and Recordkeeping); and
(2) the supervisory permittee or a subpermittee is
present. At any time that the supervisory permittee or a subpermittee
is not present, volunteer activity must be limited to feeding, watering,
cleaning of cages and enclosures, and other custodial activities that
involve only incidental contact with wildlife.
(e) Wildlife held under the authority of a permit issued
under this subchapter may not be sold, bartered, or exchanged for
any consideration. A permit issued under this subchapter shall not
authorize a person, firm, or corporation to engage in the propagation
or commercial sale of wildlife.
(f) Wildlife held under the authority of a permit issued
under this subchapter shall not be commingled with domestic pets,
livestock, exotic livestock, exotic fowl, or non-indigenous wildlife.
(g) A permittee shall conduct rehabilitation in an
environment which minimizes human contact and prevents human and domestic
animal imprinting or bonding.
(h) Except for permitted educational purposes, wildlife
possessed under a rehabilitation permit shall not come in contact
with anyone other than the permittee and/or subpermittees, volunteers,
licensed veterinarians, or the staff of licensed veterinarians.
(i) A permittee shall not allow the viewing, exhibit,
or display to the public of animals possessed under a rehabilitation
permit unless specifically authorized by permit provision.
(j) A permittee shall not conduct activities governed
under this subchapter on the same property as a fur-bearing animal
propagation facility or deer breeding facility unless specifically
authorized in writing by the department.
(k) Non-releasable wildlife shall be euthanized except
as provided by this subsection.
(1) Permission to retain non-releasable wildlife may
be granted only to permittees who have at least three years' experience
as a permitted wildlife rehabilitator.
(2) The department may permit the retention of non-releasable
wildlife for approved educational, fostering, or socialization purposes,
or for transfer to zoological, scientific, or educational permittees.
Requests must be made in writing to the department and no transfer
shall take place until the department has approved the request. A
request to retain non-releasable wildlife under this subsection shall
include a statement from a licensed veterinarian that the animal is
non-releasable and the reasons why the animal is non-releasable. The
department will not authorize the retention of an animal that because
of a disease or condition poses a danger to humans, other animals,
or itself.
(l) Permittees possessing non-releasable raptors shall
band the raptors with markers supplied by the department.
(m) Wildlife rehabilitation of white-tailed deer and
mule deer is restricted to fawns only. No permittee or subpermittee
may accept or possess a white-tailed or mule deer that is in adult
pelage (no spots). All white-tailed or mule deer received by a permittee
shall immediately be identified by the attachment to the pinna of
either ear of:
(1) a Radio Frequency Identification Device (RFID)
button tag approved by the department; and
(2) a "dangle" type tag bearing the unique identifier
assigned to the deer by the department.
(3) The RFID tag required by this subsection must have
an associated 15-digit animal identification number conforming to
the 840 standards of the United States Department of Agriculture,
which number shall be reported to the department in accordance with
the applicable provisions of §65.92 of this title (relating to
Reports and Recordkeeping).
(4) It is an offense for any person to remove or allow
the removal of a tag required by this subsection from a living white-tailed
or mule deer.
(5) A permittee or subpermittee who transfers a white-tailed
or mule deer shall notify the administrator of the wildlife rehabilitation
program at least 24 hours but not more than 48 hours prior to and
following the completion of the transfer.
(6) Deer must be released, transferred, or euthanized
by the end of the calendar year in which they were born or at the
time they grow adult pelage, whichever occurs first.
(7) The department may require any deer held under
a permit issued under this subchapter to be tested for chronic wasting
disease.
(n) All medical treatment, including vaccinations,
shall be performed in consultation with a licensed veterinarian and
in accordance with all applicable laws regarding extra-label use of
medications and biologicals.
(o) Euthanized wildlife and wildlife that has died
while under the care of a permittee shall be:
(1) transferred to a person authorized by law to receive
such wildlife;
(2) disposed of in a Type 1 landfill; or
(3) interred or incinerated onsite in compliance with
any applicable local, state, or federal law regarding animal carcass
burial or disposal.
(4) Open-pit disposal and burn-pile incineration are
prohibited.
(p) This subchapter does not apply to department personnel,
or transport by animal control officers or peace officers in the performance
of official duties.
(q) The department may temporarily waive any provision
of this subchapter during a wildlife health crisis.
(r) The department may designate a manual process in
lieu of any electronic application requirement of this subchapter
if for whatever reason the electronic application is unavailable.
|
