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Unclaimed Specimens Procedure

I. Amend 58 Pa. Code, Chapter 147, by removing Subchapter G and amending S.147.146.

Commentary: On July 7, 2006, the Governor signed into law House Bill 1528 (Act No. 77), which effectively transfers all regulatory authority over taxidermy activities from the Commission to the Department of Agriculture as of October 5, 2006. The statutory amendments made to the Game and Wildlife Code (34 Pa. C.S. S.101 et seq.) were limited to a minor amendment to section 2904 (relating to permit fees) and the complete elimination of section 2926 (relating to taxidermy permits). In order to complete this transition, the Commission must eliminate the majority of the remaining taxidermy regulations found in 58 Pa. Code SS.147.121 - 147.129. However, in an intentional effort to continue certain accommodations made for taxidermists respecting the sale of unclaimed specimens, the Commission must relocate and incorporate the provisions currently found in section 147.126 (relating to unclaimed specimen procedure) to section 147.146 (relating to sale of inedible wildlife parts).

CHAPTER 147. SPECIAL PERMITS

Subchapter H. PROTECTED SPECIMEN

S.147.146. Sale of inedible wildlife parts.

  1. Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:

    1. The original owner's specimen is determined to be unclaimed as provided for in subsection (b).
  1. A specimen will be considered unclaimed when the following conditions are met.

    1. The specimen was lawfully possessed when originally deposited with the taxidermist.
    2. The specimen was mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures.
    3. The taxidermist has made a reasonable effort to contact the original owner or depositor through any means generally available to inform the owner or depositor that the specimen is complete and should be picked up within a certain time period.
    4. The owner, or the original depositor of the specimen, has been notified by certified, first-class mail and has failed to contact the taxidermist within 30 days of receipt of the notice; or the taxidermist is notified by the postal authorities the certified mail is unclaimed or undeliverable. The specimen will be considered unclaimed after 30 days from the date the taxidermist was notified.

Recommendation: The Executive Director and staff recommend the Commission approve these changes.

Action: Motion adopted — unanimously approved by the Commissioners on January 23, 2007.


Monday, July 09, 2007