Subchapter A. General
§ 133.1 . Protected mammals.
§ 133.2 . Protected birds.
§ 133.3 . (Reserved).
§ 133.4 . Definitions.
§ 133.5 . Furbearers.
§ 133.6. Eurasian collared-dove.
§ 133.7. Hungarian partridge.
Subchapter B. Birds
§ 133.21. Classification of birds.
Subchapter C. Mammals
§ 133.41. Classification of mammals.
Wild mammals not defined in the act as furbearers or game animals shall be classified as protected mammals to be taken only under the act and this part. See Chapter 21, Subchapters B and C of the act (relating to destruction for agricultural protection; and destruction of game or wildlife in self-defense) and § 141.3 (relating to protection removed under certain circumstances).
Adopted Jan. 6, 1966; Reserved June 19, 1982; Amended July 1, 1987.
Wild birds not defined in the act as game birds shall be classified as protected birds to be taken only under the act and this part. See Chapter 21, Subchapters B and C of the act (relating to destruction for agricultural protection; and destruction of game or wildlife in self-defense) and § 141.3 (relating to protection removed under certain circumstances).
Adopted Dec. 18, 1958; Reserved June 19, 1982; Amended July 1, 1987.
Adopted Apr. 21, 1970; Amended June 19, 1982; Amended Nov. 19, 1983; Amended Feb. 22, 1986; Reserved July 1, 1987.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Endangered--Species in imminent danger of extinction or extirpation throughout their range in this Commonwealth if the deleterious factors affecting them continue to operate. The term includes:
(i) Species whose numbers have already been reduced to a critically low level or whose habitat has been so drastically reduced or degraded that immediate action is required to prevent their extirpation from this Commonwealth.
(ii) Species whose extreme rarity or periphery places them in potential danger of precipitous declines or sudden extirpation throughout their range in this Commonwealth.
(iii) Species that have been classified as “Pennsylvania Extirpated”, but which are subsequently found to exist in this Commonwealth as long as the conditions listed in subparagraph (i) or (ii) are met.
(iv) Species determined to be “endangered” under the Endangered Species Act of 1973 (16 U.S.C.A. §§ 1531--1544).
Threatened--Species that may become endangered within the foreseeable future throughout their range in this Commonwealth unless the casual factors affecting the organism are abated. The term includes:
(i) Species whose populations within this Commonwealth are decreasing or have been heavily depleted by adverse factors and while not actually endangered, are still in critical condition.
(ii) Species whose populations may be relatively abundant in this Commonwealth but are under severe threat from serious adverse factors that have been identified and documented.
(iii) Species whose populations are rare or peripheral and in possible danger of severe decline throughout their range in this Commonwealth.
(iv) Species determined to be “threatened” under the Endangered Species Act of 1973, that are not listed as “Pennsylvania Endangered.”
Adopted Dec. 1, 1990.
The following species of wildlife are reclassified as furbearers:
(1) Coyote (Canis latrans). For the purpose of licensing, coyotes may be hunted with a hunting license or hunted and trapped with a furtakers license as described in section 2705 of the act (relating to classes of licenses).
(2) Porcupine (Erethizon dorsatum). For the purpose of licensing, porcupines may be hunted with a hunting license or hunted and trapped with a furtakers license as described in section 2705 of the act.
Credits
Adopted Oct. 9, 1993. Amended Aug. 20, 2016.
§ 133.6. Eurasian collared-dove.
The Eurasian collared-dove (Streptopelia decaocto) is classified as a game bird. For the purpose of licensing, Eurasian collared-doves may be hunted with a general hunting license and a migratory bird license.
Credits
Adopted Aug. 2, 2014.
Notwithstanding the listing of the Hungarian partridge in the definition of a game bird in section 102 of the act (relating to definitions), the Hungarian partridge shall be reclassified as a wild bird generally and will no longer be classified as a game bird.
Credits
Adopted Nov. 17, 2018.
Subchapter B. Birds
§ 133.21. Classification of birds.
The following birds are classified:
(1) Endangered.
(i) King Rail (Rallus elegans)
(ii) Short-eared Owl (Asio flammeus)
(iii) Black Tern (Chlidonias niger)
(iv) Least Bittern (Ixobrychus exilis)
(v) Piping Plover (Charadrius melodus)
(vi) Loggerhead Shrike (Lanius ludovicianus)
(vii) American Bittern (Botaurus lentiginosus)
(viii) Great Egret (Ardea alba)
(ix) Yellow-crowned Night Heron (Nycticorax violaceus)
(x) Common Tern (Sterna hirundo)
(xi) Blackpoll Warbler (Setophaga striata)
(xii) Black-crowned Night-Heron (Nycticorax nycticorax)
(xiii) Dickcissel (Spiza americana)
(xiv) Sedge Wren (Cistothorus platensis)
(xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)
(xvi) Upland Sandpiper (Batramia longicauda)
(xvii) Northern Goshawk (Accipiter gentilis)
(2) Threatened.
(i) Northern Harrier (Circus cyaneus)
(ii) Long-eared Owl (Asio otus)
(iii) (Reserved)
(iv) Red Knot (Calidris canutus rufa)
Credits
Adopted July 1, 1987; Amended Dec. 1, 1990; Amended Nov. 21, 1992; Amended Feb. 27, 1999; Amended Dec. 3, 2005. Amended Nov. 17, 2012; March 15, 2014; March 21, 2015; March 11, 2017; March 23, 2019; Oct. 23, 2021.
Subchapter C. Mammals
§ 133.41. Classification of mammals.
The following mammals are classified:
(1) Endangered.
(i) Indiana Bat (Myotis sodalis)
(ii) Least Shrew (Cryptotis parva)
(iii) Northern flying squirrel (Glaucomys sabrinus macrotis)
(iv) Northern long-eared bat (Myotis septentrionalis)
(v) Little brown bat (Myotis lucifugus)
(vi) Tri-colored bat (Perimyotis subflavus)
(2) Threatened.
(i) Small-footed Myotis (Myotis leibii)
(ii) Allegheny Woodrat (Neotoma magister)
(iii) West Virginia Water Shrew (Sorex palustris punctulatus)
Credits
Adopted July 1, 1987; Amended Dec. 1, 1990; Amended Dec. 22, 2007. Amended Nov. 7, 2015; March 23, 2019.