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Exotic Wildlife in Pennsylvania a Report with Recommendations

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Exotic Wildlife in Pennsylvania a Report with Recommendations EXOTIC WILDLIFE IN PENNSYLVANIA A REPORT WITH RECOMMENDATIONS JANUARY 2005 STAFF REPORT General Assembly of the Commonwealth of Pennsylvania JOINT STATE GOVERNMENT COMMISSION 108 Finance Building Harrisburg, PA 17120 - i - The release of this report should not be interpreted as an endorsement by the members of the Executive Committee of the Joint State Government Commission of all the findings, recommendations and conclusions contained in this report. Joint State Government Commission Room 108 Finance Building Harrisburg, PA 17120-0018 TELEPHONE: 717-787-4397 FAX: 717-787-7020 E-mail: [email protected] Website: http://jsg.legis.state.pa.us The Joint State Government Commission was created by the act of July 1, 1937 (P.L.2460, No.459) as amended, as a continuing agency for the development of facts and recommendations on all phases of government for the use of the General Assembly. - ii - JOINT STATE GOVERNMENT COMMISSION, JANUARY 2005 Senator Roger A. Madigan, Chair _________________________________________________ EXECUTIVE COMMITTEE Senate Members House Members Robert C. Jubelirer John M. Perzel President Pro Tempore Speaker David J. Brightbill Samuel H. Smith Majority Leader Majority Leader Robert J. Mellow H. William DeWeese Minority Leader Minority Leader Jeffrey E. Piccola David G. Argall Majority Whip Majority Whip Michael A. O’Pake Michael R. Veon Minority Whip Minority Whip Noah W. Wenger Elinor Z. Taylor Chair, Majority Caucus Chair, Majority Caucus Jay Costa, Jr. Mark B. Cohen Chair, Minority Caucus Chair, Minority Caucus MEMBER EX-OFFICIO Senator Roger A. Madigan, Commission Chair _________________________________________________ David L. Hostetter, Executive Director _________________________________________________ - iii - - iv - - v - - vi - TABLE OF CONTENTS Introduction ........................................................................................................................ 1 Overview of the Commonwealth’s Statutes and Regulations ............................................ 3 Confusion ............................................................................................................... 3 Permit Requirements .............................................................................................. 6 Exotic Wildlife Dealer Permit ................................................................... 6 Exotic Wildlife Possession Permit ............................................................. 8 Menagerie Permit ....................................................................................... 10 Act 60 of 1982 (House Bill 1776 of 1981, Pr.’s No. 2900) ................................... 12 Overlapping Authority ........................................................................................... 14 Budget ................................................................................................................................ 17 Commonwealth ...................................................................................................... 17 Current Costs to the Game Commission .................................................... 17 Budgetary Effects on the Game Commission ............................................ 20 Budgetary Effects on the Department of Agriculture................................. 21 Budgetary Effects on the General Fund ..................................................... 21 Other States – Exotic Wildlife Permitting Data ..................................................... 22 Alaska ........................................................................................................ 22 Arizona ....................................................................................................... 23 Arkansas ..................................................................................................... 23 California ................................................................................................... 24 Colorado ..................................................................................................... 24 Connecticut ................................................................................................ 24 Idaho .......................................................................................................... 25 Indiana ........................................................................................................ 25 Michigan .................................................................................................... 25 Montana ..................................................................................................... 26 New Hampshire ......................................................................................... 26 New Mexico ............................................................................................... 27 Oregon ........................................................................................................ 27 Rhode Island .............................................................................................. 27 Tennessee ................................................................................................... 28 Texas .......................................................................................................... 28 West Virginia ............................................................................................. 28 Wisconsin ................................................................................................... 29 Issues, Comments and Statutory Responses ...................................................................... 31 Protection from Exotic Wildlife ............................................................................. 31 Humans – Attack and Zoonotic Diseases .................................................. 31 Domestic Animals – Disease, Genetic Interaction and Predation ............. 40 - vii - Indigenous Wildlife – Disease, Genetic Interaction and Predation ........... 44 Care and Keeping of Exotic Wildlife in Captivity ................................................. 49 Exotic Wildlife as Pets ........................................................................................... 52 Banning the Possession of Certain Exotic Wildlife ............................................... 57 Definitions .............................................................................................................. 60 Local Government ................................................................................................. 61 Permitting ............................................................................................................... 64 Training .................................................................................................................. 67 Transferring Oversight Authority .......................................................................... 68 Overlapping Authority ........................................................................................... 69 Conclusions and Recommendations .................................................................................. 73 Protection ............................................................................................................... 73 Permitting ............................................................................................................... 74 Care and Keeping of Exotic Wildlife ..................................................................... 75 Training .................................................................................................................. 76 Definitions .............................................................................................................. 76 Local Government Involvement ............................................................................ 77 Transfer of Authority ............................................................................................. 77 Bibliography ...................................................................................................................... 79 Appendices Appendix A – 2004 House Resolution No. 797, Printer’s No. 4217 ..................... 83 Appendix B – Pennsylvania Game Commission’s Permit Application Packet ..... 89 - viii - INTRODUCTION House Resolution No. 797, Pr.’s No. 4217, of 2004 was adopted on June 30, 2004.1 The resolution directed the Joint State Government Commission to study “the efficacy of the existing statute and regulations as well as the feasibility and suitability of transferring the regulatory authority of exotic wildlife maintained in captivity from the Pennsylvania Game Commission to the Department of Agriculture.” The resolution required the Commission to address the following:2 • Protection of the public from dangerous animals and disease transmission from exotic wildlife; • Protection of domestic animals and indigenous wildlife from unwanted predators, genetic interaction and disease transmission from exotic wildlife; • The care and keeping of exotic wildlife maintained in captivity; • Categories of exotic wildlife which should be regulated and whether any species should be prohibited from being maintained in captivity; • The ways the budgets of the Pennsylvania Game Commission and the Department of Agriculture and the General Fund would be affected by any change in the regulatory authority; • How the existing workforce would be utilized, whether new personnel would be necessary and what
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