Title 58--RECREATION FISH AND BOAT COMMISSION [58 PA. CODE CHS. 53, 63, 77 AND 79] General Provisions; Fishing [36 Pa.B. 7850]
[Saturday, December 23, 2006]The Fish and Boat Commission (Commission) amends Chapters 53 and 63 (relating to Commission property; and general fishing regulations), deletes Chapter 77 and adds Chapter 79 (relating to reptiles and amphibians). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking updates and improves the regulation of reptiles and amphibians to provide greater protection of these resources.
A. Effective Date
The final-form rulemaking goes into effect on January 1, 2007.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 53.7 and 63.7 (relating to use of firearms; and exceptions to limitations on devices) and §§ 79.1--79.3 and 79.8--79.13 are published under the statutory authority of section 2102 of the code (relating to rules and regulations). Sections 79.4--79.7 are published under the statutory authority of section 2102 of the code and section 2904 of the code (relating to permits for protection and management of particular fish).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's reptile and amphibian regulations. The specific purpose of this final-form rulemaking is described in more detail under the summary of changes.
The Commission published proposed rulemakings soliciting public comments regarding its proposed reptile and amphibian regulations on three occasions. At its April 2005 meeting, the Commission approved the publication of the first proposed rulemaking containing extensive amendments to the regulations. The Commission also directed staff to solicit public comments for a period of at least 90 days and to assemble a workgroup of interested parties and stakeholders. A proposed rulemaking was published at 35 Pa.B. 5683 (October 15, 2005). As directed by the Commission, the staff assembled a diverse workgroup comprised of captive breeders, hobbyists, snake hunters, snake hunt sponsors, conservationists and academics. The workgroup met on three occasions, in August 2005, November 2005 and May 2006, and provided tremendous input on a variety of issues.
As a result of the August and November 2005 meetings of the workgroup, the Commission made numerous revisions and additions to the original proposed rulemaking published at 35 Pa.B. 5683. The Commission, at its January 2006 meeting, approved the publication of a second proposed rulemaking containing those changes and directed staff to solicit public comments for a period of 60 days. The second proposed rulemaking was published at 36 Pa.B. 1220 (March 18, 2006).
Upon closer review of the proposed rulemaking, the Commission determined that several issues required additional clarification. Those issues were artificial propagation and dealers of live reptiles and amphibians, introduction of native species and color morphs. At its April 2006 meeting, the Commission approved the publication of a third proposed rulemaking that contained provisions pertaining to those issues. The third proposed rulemaking was published at 36 Pa.B. 2724 (June 3, 2006).
E. Summary of Changes
The final-form rulemaking deletes Chapter 77 and adds Chapter 79 in its place. It also amends § 63.7 to change a reference from Chapter 77 to Chapter 79. Chapter 79 contains the following provisions:
(1) Section 79.1. Among the organizational changes is the inclusion § 79.1 (relating to definitions). The Commission adopted a more explicit definition of ''hunt'' and added definitions for ''hunt,'' ''native species,'' ''snake hooks or tongs,'' ''subcaudal scale'' and ''turtle hooks.'' The definitions in § 77.2 for ''organized reptile and amphibian hunt'' and ''sacking contest,'' for the most part, were not changed and are included in § 79.1.
On final-form rulemaking, the Commission adopted § 79.1 to read as set forth in Annex A. A minor modification was made to the second proposed rulemaking to the definition of ''organized reptile and amphibian hunt'' so that it says ''When one or more of the following factors are present, an event will be considered an organized reptile and amphibian hunt as the term is used in this chapter'' instead of ''may be considered.''
(2) Section 79.2. The Commission combined various provisions pertaining to the taking of reptiles and amphibians that were found throughout Chapter 77 and placed them in § 79.2 (relating to taking reptiles or amphibians). This section describes the means and the devices by which reptiles and amphibians may be lawfully taken and enumerates unlawful practices. It also makes it unlawful to take, catch or kill a reptile or amphibian through use of a firearm. For consistency, the Commission amended § 53.7 to remove the provision allowing the use of .22 caliber rimfire weapons with shotshell to take frogs during the open season unless otherwise posted on Commission owned or controlled property.
On final-form rulemaking, the Commission adopted § 79.2 to read as set forth in Annex A. An additional provision was added to the second proposed rulemaking making it unlawful, while hunting reptiles and amphibians, to possess chemicals, explosives, winches, jacks or other devices or materials that may disrupt, damage or destroy dens and their immediate surroundings.
(3) Section 79.3. This section pertains to season and daily possession limits addressed in § 77.6. Under Chapter 77, a sponsor of an organized reptile/amphibian hunt was permitted to possess more than the daily limit of timber rattlesnakes if the total number of timber rattlesnakes held in possession during each hunt and for not more than 48 hours thereafter did not exceed the daily limit for timber rattlesnakes times twice the number of persons engaged in the hunt. The final-form rulemaking reduces the number from two times the number of persons engaged in the hunt to one.
In addition, the final-form rulemaking reduces the daily and possession limits in § 77.6 for both bullfrogs and green frogs from 15 and 30 to 10 and 20, respectively. The new section also includes a prohibition against the taking of 23 species of reptiles and amphibians that are considered to be rare, declining or ''at risk'' by the Commission's Amphibian and Reptile Technical/Advisory Committee. These species have limited ranges in this Commonwealth, are threatened by development and collection pressure and are currently being studied by the Commission. Until these species are considered for formal listing as threatened or endangered species, the Commission has adopted a ''no collection'' approach (that is, no open season and daily and possession limits of 0) as a means of protecting them. Status assessment studies are underway for these species, which could lead to future management decisions.
The Commission adopted additional restrictions with regard to timber rattlesnakes. Under Chapter 77, a person was permitted to take, catch or kill one timber rattlesnake per calendar year and to possess one timber rattlesnake at a time. Under § 79.3 (relating to season and daily possession limits), it is unlawful for a person to take, catch, kill or possess a timber rattlesnake that is less than 42 inches in length, measured lengthwise along the dorsal surface from the snout to the tail, excluding the rattle, and that possesses less than 21 subcaudal scales. This section further prohibits a person to hunt timber rattlesnakes from the South Mountain population (west of Route 15 and south of Interstate 81 to the Maryland line), where there is no open season.
The timber rattlesnake is currently listed as a candidate species in this Commonwealth and it is listed as a protected species (threatened or endangered) or species of concern in neighboring states. Unlike most amphibians and reptiles in this Commonwealth, the timber rattlesnake is sought by hunters as a game species. Reptile collectors collect them for their variable coloration, large size and unique nature. People have been known to wantonly kill timber rattlesnakes due to their perceived threat to humankind. Despite former tightening of the regulations on the collection of this animal (reduced to one possession limit in 1993, and one annual limit in 1996), preliminary results of the Commission's timber rattlesnake population study (2003--present) suggest that the timber rattlesnake is declining in the peripheral parts of its range in this Commonwealth due to development pressure, wanton killing and collecting. Adult female timber rattlesnakes need 8--10 years to reach reproductive maturity. Therefore, taking females out of the population is a threat to local populations and the larger Statewide population. A minimum length limit and minimum number of subcaudal scales were adopted to limit timber rattlesnake hunters interested in take/collection to favor collection of mature adult male snakes. This new regulation will help to protect adult and gravid (pregnant) females and enable their progeny to reach reproductive maturity. In addition, the Commission made the South Mountain population (portions of Adams, Cumberland, Franklin and York Counties) of timber rattlesnakes off-limits to hunting due to the documented decline in numbers in this specific area from hunting and human encroachment pressure and apparent isolation with the North Mountain and Maryland timber rattlesnake populations.
The final-form rulemaking further places a season and catch and possession limits on the northern copperhead. These regulations are needed because the status of the northern copperhead is uncertain. Although no comprehensive population studies have been conducted on this species, there is a consensus among herpetologists that the northern copperhead is declining across its range and in this Commonwealth. The Commission also adopted a permit requirement for northern copperheads similar to the timber rattlesnake permit requirement. The specifics of this permit requirement is discussed in paragraph (6). The permit requirement will enable the Commission to collect locational and harvest information to be used to assess the possible decline of northern copperheads in this Commonwealth. Ultimately, this information will be used for future management of the northern copperhead.
Finally, the final-form rulemaking reduces the daily and possession limits in § 77.6 for native species not listed in the regulation from two to one.
On final-form rulemaking, the Commission adopted § 79.3 to read as set forth in Annex A. The following changes were made to the second proposed rulemaking. Subsection (e) was added to clarify that the possession limits do not apply to animals that are artificially propagated in accordance with the Commission's regulations and are in the possession of registered artificial propagators and dealers. Instead of the minimum size limit of 38 inches for timber rattlesnakes that was in the second proposed rulemaking, the Commission adopted a minimum size limit of 42 inches. The Commission further clarified that the daily and possession limits of one snake do not apply to holders of provisional permits issued under § 79.7(f) and made minor housekeeping revisions to change the words ''amphibians and reptiles'' to ''reptiles and amphibians'' so that the language is consistent throughout § 79.3.
(4) Section 79.4. The Commission adopted § 79.4 (relating to possession permits for native species) as a result of the reductions in the daily and possession limits of some species. This section provides a ''grandfathering'' mechanism for persons possessing herptiles where daily and possession limits have been reduced. Specifically, this section creates a new possession permit that will ''grandfather'' animals possessed as of January 1, 2007, that meet possession limits in effect on December 31, 2006.
The permit will be required for the continued possession of the animal and will be required for the possession of native species regardless of origin. It will be a one-time permit and will cost $10. Individuals must apply by June 30, 2007. If the permitholder gives the animal to another person, the permit may be transferred to the new owner upon completion of an application, surrender of the original permit and payment of a $10 fee. There are exceptions to the permit requirement. Possession permits will not be required for animals that are covered by other permissions (such as the written permission of the Executive Director for zoos, educational institutions, rehabilitators, and the like) and that are covered by other permits (such as snake permits or scientific collector's permits).
On final-form rulemaking, the Commission adopted § 79.4 to read as set forth in Annex A. Subsection (e) of the second proposed rulemaking was changed so that a possession permit is not required for animals covered by permissions and other permits issued under Subpart B (relating to fishing). The second proposed rulemaking was limited to permissions and other permits issued under Chapter 79, which would not have included, for example, scientific collector's permits and special permits for the collection of threatened and endangered species.
(5) Section 79.5. In this section, the Commission adopted a new permit requirement for the taking of common snapping turtles by persons who intend to sell, barter or trade them. In many states across its range, the common snapping turtle is declining. The new permit will facilitate a better understanding of the numbers of turtles that are being taken for commercial use, where the hunting pressure exists and who is engaged in the activity. Information gleaned from the permit system will enable the Commission to make well-informed decisions about the future management of the snapping turtle.
On final-form rulemaking, the Commission adopted § 79.5 (relating to snapping turtle permits) to read as set forth in Annex A.
(6) Section 79.6. Section 79.6 (relating to venomous snake permits) addresses permit requirements for both the timber rattlesnake and the northern copperhead, making it unlawful to hunt, take, catch, kill or possess them without first procuring the necessary permit. The cost of the timber rattlesnake permit has remained at $5 for the past 14 years. In the final-form rulemaking, the Commission increased the permit fee to $25 for residents and $50 for nonresidents to offset costs due to inflation and the costs of permit issuance, processing and data compilation. Fees collected from this permit can also be used as matching funds to obtain grants to perform additional management activities.
In this section, the Commission also included new tagging requirements for persons who hunt, take, catch, kill or possess timber rattlesnakes. Currently, the Commission issues well over 1,000 individual timber rattlesnake permits per year (1,181 permits issued in 2004 and 1,080 in 2005) and permit requests have increased approximately 200--300 each year since 1998. Approximately 15% of the hunters are reporting ''take'' (for harvest or as pets) of snakes. There is evidence to suggest that even more snakes are being taken than are being reported. The Commission adopted a tagging system to provide better accountability of hunters that decide to take timber rattlesnakes alive or dead. The information collected in this program will assist the Commission in the development of management units and associated bag limits for timber rattlesnakes.
On final-form rulemaking, the Commission adopted § 79.6 to read as set forth in Annex A. A clarification was made to the second proposed rulemaking so that the prohibition against hunting timber rattlesnakes after the possession tag has been detached from this permit does not apply to holders of provisional snake permits issued under § 79.7(f) (relating to organized reptile and amphibian hunt permits).
(7) Section 79.7. This section pertains to organized reptile and amphibian hunt permits previously addressed in § 77.2. Among the changes is an increase in the fee from $25 to $100. This increase was adopted to offset the changes in inflation, including the permit review and processing costs, and monitoring/permit compliance of hunts. Also adopted were reporting requirements and a provisional hunting permit. The provisional permit will allow permitholders to take, catch or possess one timber rattlesnake without tagging the snake during an organized snake hunt so long as the snake is returned unharmed to the point of capture following the event. The Commission will continue with its current practice of banning sacking contests utilizing native species and of allowing the use of nonnative species lawfully imported from other jurisdictions.
On final-form rulemaking, the Commission adopted § 79.7 to read as set forth in Annex A. No changes were made to the second proposed rulemaking with the exception of subsection (f) that deals with provisional hunt permits and allows permitholders to take, catch or possess one timber rattlesnake without tagging the snake during an organized snake hunt so long as the snake is returned unharmed to the point of capture following the event. The subsection, as proposed, placed the onus for returning the snake to the point of capture on the hunt sponsor. On final-form rulemaking, the Commission modified this subsection to place the burden on the individual hunter. The workgroup strongly endorsed this change. The Commission also modified the section to clarify that a snake entered into a hunt is the responsibility of the hunt sponsor until the snake is returned to the individual hunter, to clarify that a snake must be returned by the provisional permitholder to the point of capture by no later than sunset of the last day of the hunt, and to clarify that a provisional permitholder who wishes to retain possession of a snake caught under a provisional permit must tag the snake.
(8) Section 79.8. When 3 Pa.C.S. Chapter 42 (relating to the Aquaculture Development Law) (act) was enacted in 1998, responsibility for registering artificial propagators and dealers of live bait fish, fish bait and other live fish was transferred from the Commission to the Department of Agriculture (Department). The Department has been registering artificial propagators and dealers of several fish species and two frog species for several years. Propagation is limited to species of fish that have been approved for propagation by the Commission and each year the Commission provides the Department with an updated list.
Despite the fact that the definition of ''fish'' in the act mirrors the definition in the code and specifically includes ''reptiles and amphibians,'' artificial propagators (except those raising Northern green frogs and bullfrogs) have not been registering with the Department. Commission staff met with Department staff and the agencies agree that the act covers reptiles and amphibians. They also agree that artificial propagators of reptiles and amphibians (except hobby breeders and pet stores) must register with the Department and propagation is limited to those species approved for propagation by the Commission.
Section 79.8 (relating to artificial propagation and dealers of live reptiles and amphibians) provides that except for hobby breeders and pet stores, it is unlawful to artificially propagate reptiles and amphibians without being registered with the Department. It further provides that the Commission will maintain two lists of species of reptiles and amphibians that are approved for artificial propagation: one containing species approved for open systems and another containing species approved for closed systems. Currently, bullfrogs and green frogs are on the list of species approved for open system propagation under Chapter 71 (relating to propagation and introduction of fish into Commonwealth waters) and will be approved for open system propagation under Chapter 79. Commission staff do not intend to recommend other native species of reptiles and amphibians for open system propagation. A list of species approved for closed system propagation will include all nonnative species except those specifically prohibited by the Commission and color morphs of certain native species. The list of color morphs will be developed with input from commercial propagators and hobby breeders.
On final-form rulemaking, the Commission adopted § 79.8 to read as set forth in Annex A. This final-form rulemaking adopts the third proposed rulemaking with changes to the subsection dealing with closed systems. The Commission modified this subsection to address the concerns of the workgroup that the definition of a closed system is inappropriate for certain reptiles and that the restrictions on waters discharged from closed systems are not reasonable for ''nonfish.'' The workgroup commented that the provisions in the third proposed rulemaking appeared to have been written for fish and could conflict with accepted husbandry practices for reptiles and amphibians.
(9) Section 79.9. Section 79.9 (relating to sale of native species) addresses the sale of reptiles and amphibians previously in § 77.3. The Commission clarified this section to reflect the intent of the Commission to protect the native herptiles of this Commonwealth and their progeny. The demand for both wild caught and captive bred reptiles and amphibians, including several native to this Commonwealth, has increased considerably over the past several years. While the Commission's waterways conservation officers go through intense training on the identification of this Commonwealth's native species, it can be almost impossible to tell whether an individual animal is captive bred or wild caught. This is especially true for hatchling or juvenile animals, the preferred product for reptile and amphibian dealers. This section helps to eliminate the profit motive for both collection and sale of native species in this Commonwealth and the collection of animals in this Commonwealth for breeding stock for commercial propagation programs.
On final-form rulemaking, the Commission adopted § 79.9 to read as set forth in Annex A.
(10) Section 79.10. Section 79.10 (relating to transportation and importation of native species) makes it illegal to transport or import into or within this Commonwealth a native species as defined in Chapter 79 from another jurisdiction. It also makes it unlawful to receive a native species that was transported or imported into or within this Commonwealth from another jurisdiction. The section, however, does not apply to zoos or other accredited institutions that transport and import native species for scientific, educational or research purposes and Commission-recognized rehabilitators provided that they have received the written permission of the Executive Director or a designee under § 79.3(c).
On final-form rulemaking, the Commission adopted § 79.10 to read as set forth in Annex A.
(11) Section 79.11. Section 79.11 (relating to introduction) restates the provisions of § 77.7 and addresses the introduction of native species. Like propagation, introduction of native species is already addressed in the broad context of Chapter 71. However, for purposes of completeness, the Commission included provisions dealing with the introduction of native species of reptiles and amphibians in Chapter 79. This section provides that as a general rule, it is unlawful to reintroduce a native species taken from the wild into the natural environment of this Commonwealth except when certain enumerated conditions are met. The section further provides that it is unlawful to introduce or facilitate the introduction of a native species that has been artificially propagated except when certain enumerated conditions are met.
On final-form rulemaking, the Commission adopted § 79.11 to read as set forth in Annex A. The Commission revised this section to simplify the provisions dealing with the introduction of nonnative species and to clarify the provisions dealing with the introduction of native species. As a result of the workgroup's recommendations, the Commission modified the subsection regarding native species to extend the time period for acceptable release from May 1 to Labor Day to May 1 to September 30 and to prohibit the release of reptiles and amphibians that have been in physical contact with other reptiles or amphibians while in captivity. In addition, the Commission removed the provisions allowing Commission-recognized rehabilitators to release animals to a location other than the point of capture or to release them more than 30 days after capture. Both of these changes are the result of the workgroup's recommendations.
(12) Section 79.12. Section 79.12 (relating to color morphs of native species) addresses color morphs that are defined in § 79.1 as being ''a distinct color variant form of a reptile or amphibian.'' For purposes of this section, the Commission has presumed that color morphs of certain native species that are held in captivity were not taken from the wild. The new section provides that the Commission will designate these color morphs by publishing a notice in the Pennsylvania Bulletin and certain provisions will apply to color morphs on the list provided they are not taken from the wild. Color morphs on the list will not be subject to possession limits, may be artificially propagated as long as they are propagated in a closed system meeting the requirements of § 79.8 and may be sold by registered artificial propagators and dealers. Commission staff intend to develop a list of color morphs with input from the workgroup.
On final-form rulemaking, the Commission adopted § 79.12 to read as set forth in Annex A. The third proposed rulemaking was modified to recognize that the captive breeding of color morphs approved for propagation may result in animals that have a normal color appearance (typical phenotype). The amended language allows for the sale of typical phenotype progeny of color morphs to be sold when certain conditions are met. These provisions were added largely to address the concerns of captive breeders.
(13) Section 79.13. Section 79.13 (relating to natural areas) restates the provisions in § 77.1. On final-form rulemaking, the Commission adopted § 79.13 to read as set forth in Annex A.
F. Paperwork
The final-form rulemaking increases paperwork and creates new paperwork requirements in that persons who possess a live reptile or amphibian as of January 1, 2007, in compliance with the possession limits in effect on December 31, 2006, but not in compliance with the possession limits in effect on January 1, 2007, will be required to have a permit for the continued possession of the animal for the remainder of its life. Those persons will have to complete an application, and, if approved, the Commission will issue a possession permit. If a permitholder subsequently gives the animal to another person, the permit may be transferred to the new owner upon completion of an application, surrender of the original permit and issuance of a new permit by the Commission.
The final-form rulemaking also increases paperwork and creates new paperwork requirements in that persons who wish to hunt, take, catch or kill snapping turtles for the purpose of sale, barter or trade will be required to complete an application. If approved, the Commission will issue a permit to those persons. Holders of snapping turtle permits also will be required to furnish annual reports on a form prescribed by the Commission.
The final-form rulemaking may increase paperwork by requiring individuals who wish to hunt, take, catch or kill northern copperheads as well as timber rattlesnakes to apply for a permit. The Commission's prior permit covered timber rattlesnakes only and the Commission may receive additional applications from those individuals wishing to hunt northern copperheads. However, the Commission believes that the number of venomous snake permits that it will issue may actually decrease because of the increased fee. In addition, the final-form rulemaking may slightly increase paperwork in that timber rattlesnake and northern copperhead permittees will be required to meet annual reporting requirements by completing a form prescribed by the Commission. Timber rattlesnake permittees previously had to file catch reports each year. The final-form rulemaking also requires persons who take, catch, kill or possess a timber rattlesnake to complete a possession tag that is attached to the permit. This is a new requirement.
With regard to the organized reptile and amphibian hunt permit, the Commission does not expect an increase in paperwork or new paperwork requirements in that the Commission already requires a permit for organized hunts. Holders of these permits will continue to be required to furnish reports. These reports must be submitted on the form prescribed by the Commission.
The final-form rulemaking increases paperwork slightly in that the Commission will maintain two separate lists of species of reptiles and amphibians that are approved for artificial propagation: one containing species approved for open systems and another containing species approved for closed systems. The Commission already maintains a list of species approved for open system propagation under Chapter 71, which contains two frog species. The Commission may maintain separate lists for reptiles and amphibians.
The final-form rulemaking creates no new paperwork requirements for artificial propagators or dealers of live reptiles and amphibians in that the requirement for registration with the Department as an artificial propagator or as a dealer of live aquatic animals is contained in the act, not the Commission's regulations. Under section 4220 of the act (relating to registration for artificial propagation), the Department may register applicants for artificial propagation upon receipt of a written application and payment of a registration fee of $150. Section 4222 of the act (relating to registration for dealers of live aquatic animals) provides that the Department may register applicants wishing to become dealers of live aquatic animals upon receipt of a written application and payment of a registration fee of $50.
The final-form rulemaking, however, increases paperwork and creates new paperwork requirements for registered propagators and dealers that wish to sell typical phenotype progeny of color morphs. Under the final-form rulemaking, artificial propagators and dealers that intend to sell them must file an initial inventory on the form prescribed by the Commission that contains the numbers in possession as of December 31, 2006, and other information that the Commission requires. Artificial propagators and dealers selling them also must maintain a current inventory on the form prescribed by the Commission, showing their origin, numbers and other information that the Commission requires. Last, these artificial propagators and dealers must submit an annual report on the form prescribed by the Commission that includes changes in the numbers possessed (for example, gains and losses to the inventory) and other information that the Commission requires.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. Some of the costs to the Commission that are associated with the new or revised permit programs will be offset by the fees. The costs to the Commission that are associated with developing the forms for the initial inventory, current inventory and annual report for artificial propagators and dealers that sell typical phenotype progeny of color morphs are nominal. Similarly, the costs associated with the reviewing and compiling initial inventories and annual reports will be nominal.
The final-form rulemaking imposes new costs on the private sector and the general public in that the new possession permit fee is $10. This is a one-time fee only and the final-form rulemaking requires affected persons to apply by June 30, 2007. The Commission estimates that it will issue approximately 2,500 possession permits during 2007, the first year that the permit is available. After the first year, the Commission expects that applications will level off and, for the most part, the persons who will apply will be new owners seeking to have a permit transferred to them. The fee to transfer a permit is also $10.
The final-form rulemaking imposes new costs on the private sector and the general public in that the new snapping turtle permit has a fee of $50 for residents and $100 for nonresidents. The Commission estimates that it will issue approximately 200 snapping turtle permits during the first year that the permit requirement is in effect with the expectation that the number will increase each year thereafter.
The final-form rulemaking also imposes new costs in that the venomous snake permit will cost residents $25 and nonresidents $50. The cost of a timber rattlesnake permit has remained at $5 for the past 14 years. The Commission issues well over 1,000 individual timber rattlesnake permits per year (1,181 permits issued in 2004 and 1,080 in 2005), and permit requests have increased approximately 200-300 each year since 1998. The Commission believes that it may issue fewer venomous snake permits annually because of the increase in the price of the permit.
In addition, the final-form rulemaking imposes additional costs on individuals wishing to obtain an organized reptile and amphibian hunt permit. The Commission increased the fee associated with this permit from $25 to $100. The Commission issues approximately 10 organized hunt permits each year. The Commission estimates that it will continue to issue a similar number of organized hunt permits in the future.
With regard to the four permit types, the Commission will utilize the fees to offset the costs associated with permit issuance and processing and data compilation. The Commission hopes that in some instances it will be able to utilize fees that are collected as matching funds to obtain grants to perform additional management activities.
H. Public Involvement
As previously noted, the Commission published three separate proposed rulemaking regarding its revisions to its reptile and amphibian regulations. As a result of the proposed rulemakings, the Commission received over 1,300 public comments. The Commission prepared a summary of those public comments and a copy of the summary is available upon request. Copies of the public comments were provided to the Commissioners.
Also, as previously noted, the Commission convened a workgroup of interested parties and stakeholders to offer recommendations regarding the Commission's proposed rulemakings. That workgroup met on three occasions.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and the comments that were received were considered.
(3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 53, 63, 77 and 79, are amended by amending §§ 53.7 and 63.7, deleting §§ 77.1--77.8 and adding §§ 79.1--79.13 to read as set forth in Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order takes effect on January 1, 2007.
DOUGLAS J. AUSTEN, Ph. D.,
Executive DirectorFiscal Note: 48A-179. (1) Fish Fund; (2) Implementing Year 2006-07 is $76,580; (3) 1st Succeeding Year 2007-08 is $10,250; 2nd Succeeding Year 2008-09 is $10,250; 3rd Succeeding Year 2009-10 is $11,500; 4th Succeeding Year 2010-11 is $12,750; 5th Succeeding Year 2011-12 is $12,750; (4) 2005-06 Program--$27,000*; 2004-05 Program--$29,525*; 2003-04 Program--$25,000*; (7) General Government Operations; (8) recommends adoption. It is anticipated that a portion of the increased administrative costs to the Fish Fund would be offset by the fees collected.
*Timber rattlesnake permit.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart A. GENERAL PROVISIONS CHAPTER 53. COMMISSION PROPERTY § 53.7. Use of firearms.
It is unlawful for any person to carry or use firearms on Commission owned or controlled properties except for persons:
(1) Engaged in lawful hunting and trapping under § 53.5 (relating to hunting and trapping).
(2) Licensed to carry firearms under 18 Pa.C.S. § 6109 (relating to licenses) or authorized to do so in conformance with 18 Pa.C.S. § 6106 (relating to firearms not to be carried without a license).
Subpart B. FISHING CHAPTER 63. GENERAL FISHING REGULATIONS § 63.7. Exceptions to limitations on devices.
The limitations on fishing devices contained in this chapter do not:
(1) Prohibit the use of a gaff or landing net to assist in landing fish caught by a lawful device.
(2) Limit devices by which holders of artificial propagation licenses may remove artificially propagated fish at the licensed premises.
(3) Limit the means or devices by which fish may be taken under special permits issued under Chapter 29 of the code (relating to special licenses and permits), except trout/salmon permits.
(4) Apply to the taking, catching or killing of amphibians and reptiles--See Chapter 79 (relating to reptiles and amphibians).
(5) Apply to taking, catching or killing of blue crabs--See § 63.18 (relating to blue crabs--prohibited acts).
CHAPTER 77. (Reserved) §§ 77.1--77.8. (Reserved).
CHAPTER 79. REPTILES AND AMPHIBIANS Sec.
79.1. Definitions. 79.2. Taking reptiles or amphibians. 79.3. Season and daily possession limits. 79.4. Possession permits for native species. 79.5. Snapping turtle permits. 79.6. Venomous snake permits. 79.7. Organized reptile and amphibian hunt permits. 79.8. Artificial propagation and dealers of live reptiles and amphibians. 79.9. Sale of native species. 79.10. Transportation and importation of native species. 79.11. Introduction. 79.12. Color morphs of native species. 79.13. Natural areas. § 79.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Color morph--A distinct color variant form of a reptile or amphibian.
Hunt--The act of pursuing reptiles or amphibians in an attempt to catch, take, kill or remove them, or to catch, take, kill or remove any reptile or amphibian from any waters of this Commonwealth or other areas within this Commonwealth by any means or method for any purpose whatsoever.
Native species--A reptile or amphibian species or subspecies, where applicable, that has not been introduced into this Commonwealth and occurs historically within the boundaries of this Commonwealth. The Commission will from time to time publish in the Pennsylvania Bulletin a list of reptile and amphibian species and subspecies, where applicable, that it has determined are native species.
Organized reptile and amphibian hunt--A hunt for reptiles or amphibians involving two or more persons acting in concert to seek, pursue, catch, take, kill or remove native species of reptiles or amphibians at an event where the reptiles or amphibians are hunted on a competitive basis. When one or more of the following factors are present, an event will be considered an organized reptile and amphibian hunt as the term is used in this chapter:
(i) The event is sponsored or promoted by a person or organization.
(ii) The event involves the award of trophies, prizes or other recognition to persons or groups for catching reptiles or amphibians.
(iii) The sponsors of the events or others publicize the event to encourage attendance of spectators.
(iv) The sponsors or organizers of the event have their own rules for the conduct of the hunt.
Sacking contest--A competition where participants place reptiles or amphibians in a sack, bag or similar container in a timed event.
Snake hooks or tongs--Implements used to grasp or lift snakes with minimal risk of injury to the animal.
Subcaudal scale--Large flat scales that are located on the rear ventral portion (underside) of a timber rattlesnake between the vent (anal scale) and the base of the rattle.
Turtle hooks--Hooks used for taking turtles that are at least 3 1/2 inches in total length with at least a 1 inch space between the point and the shank.
§ 79.2. Taking reptiles or amphibians.
(a) General.
(1) Except as otherwise provided in this section, reptiles and amphibians may only be taken by hand, hook and line, snake hooks or tongs, turtle hooks, traps and nets less than 4 feet square or 4 feet in diameter.
(2) It is unlawful to take, catch or kill a reptile or amphibian through use of a firearm.
(3) It is unlawful to take, catch or kill a reptile or amphibian through the use of chemicals, smoke, explosives, winches, jacks or other devices or materials or manually in a manner that may disrupt, damage or destroy dens or the immediate surroundings thereof. While hunting reptiles and amphibians, it is unlawful to possess chemicals, explosives, winches, jacks or other devices or materials that may disrupt, damage or destroy dens and their immediate surroundings. It is unlawful to alter or destroy habitat in the pursuit of a reptile or amphibian.
(4) It is unlawful to damage or disrupt the nest or eggs of a reptile or to gather, take or possess the eggs of any reptile.
(b) Turtles.
(1) It is unlawful to take, catch or kill a turtle by means of a hook other than a turtle hook as defined in § 79.1 (relating to definitions).
(2) It is unlawful for a person to leave a set line, turtle trap or other device for catching turtles unattended unless the device has attached a tag or other means of identification containing the name, address and telephone number of the owner or user of the device. Traps, nets or devices used for catching turtles must be of a floating or partially submerged design so as to allow for the release of untargeted turtles unharmed.
(c) Frogs.
(1) Frogs may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs. Spears or gigs may not be mechanically propelled, may not have more than five barbed points and may not be used in approved trout waters.
(2) It is unlawful to take, catch or kill a frog by use of artificial light at night.
§ 79.3. Season and daily possession limits.
(a) Except as otherwise provided in subsections (b)--(e), it is unlawful for a person to take, catch or kill more than the daily limit specified in subsection (h) in 1 calendar day or to have in possession more than the possession limit, dead or alive, in whole or in parts, specified in subsection (g) or to hunt, take, catch or kill reptiles or amphibians during the closed season. A reptile or amphibian will not be considered to be in the possession of a person if, after it is taken or caught, it is immediately released unharmed to the exact location from which it was taken and is not confined to a sack, bag or other container.
(b) This section does not prohibit the sponsors of an organized reptile/amphibian hunt conducted under a permit issued under § 79.7 (relating to organized reptile and amphibian hunt permits) from possessing more than the daily limit of the species of reptiles or amphibians hunted if the total number of reptiles and amphibians held in possession during each hunt does not exceed the daily limit for the species hunted times the number of registered participants in the organized hunt. This subsection applies to possession limits only. It does not permit the sponsors of a hunt or individual hunters to take, catch or kill any number of reptiles and amphibians in excess of the daily limits.
(c) This section does not prohibit possession of numbers of reptiles and amphibians in excess of possession limits by zoos and other accredited institutions for scientific, educational or research purposes or licensed taxidermists for the purpose of mounting for properly permitted customers, Commission-recognized rehabilitators or licensed pest control agents with the written permission of the Executive Director or a designee. These persons and institutions shall maintain a current open inventory of and report annually changes in the number of reptiles and amphibians possessed. The Executive Director may limit the number of reptiles and amphibians that a person or institution may possess when the Executive Director or a designee issues permission under this subsection.
(d) This section does not prohibit possession of numbers of reptiles and amphibians in excess of possession limits by persons who have obtained a permit under § 79.4 (relating to possession permits for native species).
(e) This section does not prohibit possession of numbers of reptiles and amphibians artificially propagated in accordance with this chapter in excess of the possession limits by artificial propagators and dealers of live reptiles and amphibians registered with the Department of Agriculture in accordance with 3 Pa.C.S. Chapter 42 (relating to aquaculture development).
(f) In prosecutions for violations of the possession limits, when venomous reptiles have been killed in apparent violation of the limits, it shall be a defense that the person who killed the venomous reptiles acted under a reasonable apprehension of immediate death or bodily harm to himself or other persons in his immediate vicinity, if no more venomous reptiles are killed than necessary to protect life and limb and if the person reported the kills in writing to the Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616, within 5 business days after the kill. It is unlawful for a person to possess a venomous reptile, in whole or in parts, that was killed under this subsection.
(g) When season or annual limits apply, a season or annual limit has been reached once a reptile or amphibian, dead or alive, in whole or in parts, has not been immediately released to the exact location from which taken and is in the possession of a person.
(h) The following seasons, sizes, catch and possession limits apply to reptiles and amphibians except endangered and threatened species:
SPECIES SEASON DAILY LIMIT POSSESSION LIMIT Bullfrog (Rana catesbeiana) July 1 to October 31 10 (combined species) 20 (combined species) Green frog (Rana clamitans) July 1 to October 31 10 (combined species) 20 (combined species) Common snapping turtle (Chelydra serpentina) July 1 to October 31 15 30 Blanding's turtle (Emys blandingii) No open season 0 0 Spotted turtle (Clemmys guttata) No open season 0 0 Wood turtle (Glyptemys insculpta) No open season 0 0 Eastern box turtle (Terrapene carolina carolina) No open season 0 0 Broadhead skink (Eumeces laticeps) No open season 0 0 Northern coal skink (Eumeces anthracinus) No open season 0 0 Mudpuppy (Necturus maculosus) No open season 0 0 Eastern hellbender (Cryptobranchus alleganiensis alleganiensis) No open season 0 0 Marbled salamander (Ambystoma opacum) No open season 0 0 Jefferson salamander (Ambystoma jeffersonianum) No open season 0 0 Four-toed salamander (Hemidactylium scutatum) No open season 0 0 Ravine salamander (Plethodon richmondi) No open season 0 0 Northern cricket frog (Acris crepitans crepitans) No open season 0 0 Mountain chorus frog (Pseudacris brachyphona) No open season 0 0 Striped chorus frog complex (Pseudacris feriarum feriarum, P. feriarum triseriata) No open season 0 0 Northern fence lizard (Sceloporus undulatus) No open season 0 0 Queen snake (Regina septemvittata) No open season 0 0 Shorthead garter snake (Thamnophis brachystoma) No open season 0 0 Eastern ribbon snake (Thamnophis sauritus) No open season 0 0 Mountain earth snake (Virginia pulchra) No open season 0 0 Smooth earth snake (Virginia valeriae) No open season 0 0 Smooth green snake (Liochlorophis vernalis) No open season 0 0 Eastern hognose snake (Heterodon platirhinos) No open season 0 0 Eastern worm snake (Carphophis amoenus) No open season 0 0 Amphibian eggs and tadpoles No closed season 15 (combined species) 15 (combined species) Timber rattlesnake (Crotalus horridus) Second Saturday in June to July 31* 1 annual limit** (must be at least 42 inches in length, measured lengthwise along the dorsal surface from the snout to the tail, excluding the rattle, and must possess 21 or more subcaudal scales.) Northern copperhead (Agkistrodon contortrix) Second Saturday in June to July 31 1 annual limit** Native species not listed in this subsection No closed season 1 1 *It is unlawful for a person to hunt, take, catch or kill timber rattlesnakes west of Route 15 and south of Interstate 81 to the Maryland line where there is no open season.
**It is unlawful for a person to take, catch or kill more than one timber rattlesnake or northern copperhead per calendar year except as provided in § 79.7(f) (relating to organized reptile and amphibian hunt permits). It is unlawful for a person to possess more than one timber rattlesnake or northern copperhead at any time except as provided in § 79.7(f).
§ 79.4. Possession permits for native species.
(a) Application. The Commission finds, under section 2904 of the code (relating to permits for the protection and management of particular fish), that it is necessary for persons who possess a live reptile or amphibian as of January 1, 2007, in compliance with the possession limits in effect on December 31, 2006, but not in compliance with the possession limits in effect on January 1, 2007, to have a permit for the continued possession of the reptile or amphibian for the remainder of the animal's life. Application for a one-time permit under this section must be made on a form prescribed by the Commission, must be accompanied by the appropriate fee and must be made by no later than June 30, 2007. Permits may be obtained by applying to: Bureau of Law Enforcement, 1601 Elmerton Avenue, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The fee is $10.
(b) Transfer. If a permittee gives a reptile or amphibian covered by a permit under this section to another person, the permit may be transferred to the new owner upon completion of an application on the form provided by the Commission, surrender of the original permit and payment of the appropriate fee. The new owner shall apply for transfer of the permit prior to taking possession of the animal. The fee to transfer a permit under this section is $10.
(c) Denial. The denial of a permit under this section is appealable in the manner provided by §§ 51.41--51.46 (relating to permit procedures). A person who is denied a permit under this section shall surrender the reptile or amphibian to an officer authorized to enforce the code or provide proof that the animal was humanely euthanized or given to a person or organization that can lawfully possess it. Under no circumstances may a person who is denied a permit under this section release the animal into the wild.
(d) Required permit. It is unlawful to retain possession of a live reptile or amphibian possessed as of January 1, 2007, that is in compliance with the possession limits in effect on December 31, 2006, but not in compliance with the possession limits in effect on January 1, 2007, without the required permit from the Commission. A permit is required for continued possession regardless of the animal's origin. A separate permit shall be obtained for each reptile or amphibian and shall be kept at the location where the animal is held. Upon request, the permit shall be presented to an officer authorized to enforce the code. Permittees shall comply with the terms and conditions of the permit. It is unlawful to alter, borrow or lend a permit under this section.
(e) Exceptions. This section does not apply to the possession of reptiles and amphibians that are covered by permissions and other permits issued under this subpart.
§ 79.5. Snapping turtle permits.
(a) The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of the common snapping turtle (Chelydra serpentina) that persons who hunt, take, catch or kill this species for the purpose of sale, barter or trade have an annual permit for the activity. Application for a permit must be made on a form prescribed by the Commission and must be accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for residents is $50 per year; the fee for nonresidents is $100 per year. The denial of a permit under this section is appealable in the manner provided by Chapter 51, Subchapter E (relating to permit procedures).
(b) It is unlawful to hunt, take, catch, kill or possess the common snapping turtle for purposes of sale, barter or trade without first procuring the required permit. The required permit shall be in possession of the permittee at all times while hunting. Permittees shall comply with the terms and conditions of the permit and furnish the reports required thereby. It is unlawful to alter, borrow, lend or transfer a permit under this section.
(c) It is unlawful to sell, barter, trade or offer for sale a common snapping turtle, dead or alive, in whole or in parts, taken from lands or waters of this Commonwealth without first procuring the permit required under this section.
§ 79.6. Venomous snake permits.
(a) Application. The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of the timber rattlesnake (Crotalus horridus) and northern copperhead (Agkistrodon contortrix) that persons who hunt, take, catch or kill these species have a permit for the activity. Application for a permit must be made on a form prescribed by the Commission and accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for residents is $25 per year; the fee for nonresidents is $50 per year. The denial of a permit under this section is appealable in the manner provided by Chapter 51, Subchapter E (relating to permit procedures).
(b) Required permit. It is unlawful to hunt, take, catch, kill or possess a timber rattlesnake or northern copperhead, in whole or in parts, without first procuring the required permit from the Commission. The required permit shall be in the possession of the permittee at all times while hunting. Permittees shall comply with the terms and conditions of the permit and furnish the reports required thereby. It is unlawful to alter, borrow, lend or transfer a permit under this section.
(c) Reporting. Within 10 business days following the capture or kill, or if no snake is captured or killed, within 10 days of the conclusion of the season, the permittee shall complete a report on the form prescribed by the Commission and shall mail the report to the Commission's Natural Diversity Section, 450 Robinson Lane, Bellefonte, Pennsylvania 16823.
(d) Tagging of timber rattlesnakes.
(1) A person who takes, catches, kills or possesses a timber rattlesnake shall immediately complete the possession tag that is attached to his permit and detach the tag from the permit in the field. The possession tag shall be completed in accordance with the instructions printed on the tag, and the information to be provided includes, but is not limited to, the municipality and county where the snake was captured or killed, the date of capture or kill and a description of the snake, including color phase, sex, number of subcaudal scales and length in inches. The possession tag shall be kept in a safe location so that it can be presented along with the timber rattlesnake to which it pertains upon the request of an officer authorized to enforce the code.
(2) After the possession tag is detached from the permit, it is unlawful to take, catch, kill or possess another timber rattlesnake except as otherwise provided in this chapter.
(3) It is unlawful to alter, borrow, lend or transfer possession tags under this section.
(4) When presenting a timber rattlesnake to a taxidermist for mounting, the tag must remain with the rattlesnake while in the possession of the taxidermist.
(e) Field dressing of timber rattlesnakes. A permittee may field dress a timber rattlesnake so long as the head and tail remain intact.
(f) Measurement of timber rattlesnakes. Upon the request of an officer authorized to enforce the code, a permittee shall measure a timber rattlesnake to determine its length. If the permittee is unable to measure the timber rattlesnake, the officer may seize the snake so that a measurement may be taken at another location.
§ 79.7. Organized reptile and amphibian hunt permits.
(a) Application. The Commission finds, under section 2904 of the code (relating to permits for protection and management of fish), that it is necessary for the proper protection and management of reptiles and amphibians in this Commonwealth that organized reptile and amphibian hunts be conducted under permits issued under this section. The sponsor of an organized reptile and amphibian hunt shall apply for a permit by no earlier than January 1 and no later than March 1 of the year for which the hunt is proposed. Application for a permit must be made on a form prescribed by the Commission and must be accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for the permit is $100. The denial of a permit under this section is appealable in a manner provided by Chapter 51, Subchapter E (relating to permit procedures).
(b) Permit issuance.
(1) The Executive Director will issue permits to applicants who demonstrate that they are responsible and qualified to conduct an organized reptile and amphibian hunt. In determining the qualifications of an applicant, the Executive Director, or a designee, may consider factors as deemed appropriate, including, but not limited to, the experience of the applicant in conducting the events, the responsiveness of the applicant to reporting requirements, the safety record of the applicant, the ability of the applicant to conduct educational programs, the context of the event and competing applications.
(2) The Executive Director may limit the number of organized reptile and amphibian hunt permits to be issued for a particular vicinity and time proximity. In general, permits will be issued to qualified applicants no earlier than March 15 of the year in which the application is submitted. If the Commission is aware of events scheduled in the vicinity of one another within 4 weeks, and the Executive Director determines that all events cannot be permitted consistent with resource management and protection, the Executive Director may designate the applicants as competing applications. If competing applications are designated, the Executive Director may, if the parties cannot agree on the withdrawal of one or more applications, award a permit on a random basis, an alternate year basis or some other rational basis as the interests of fairness may dictate.
(c) Required permit. It is unlawful to engage in organized reptile and amphibian hunts unless the sponsors of the hunts have first procured the required permit for each hunt. The required permits shall be held in possession of the sponsor at all times during each hunt. Permittees shall comply with the terms and conditions of each permit and furnish reports required thereby.
(d) Reporting. At the location of the hunt, the permittee shall complete a report on the form prescribed by the Commission that will include, at a minimum, the location of the hunt; the names of the registered participants; the species name of the reptile or amphibian that was captured or killed; a description of the reptile or amphibian that was captured or killed; the date and time the reptile or amphibian was brought to the hunt and the permit number of the person who captured or killed the reptile or amphibian. The permittee shall complete the form as registered participants deliver their reptiles or amphibians for entry into the competition. This form shall be presented upon the request of an officer authorized to enforce the code. Within 10 days following the conclusion of the event, the permittee shall submit the form to the Commission.
(e) Season. It is unlawful to conduct an organized reptile or amphibian hunt for any species of reptile or amphibian except during the open season for the reptile or amphibian as specified in § 79.3 (relating to season and daily possession limits).
(f) Provisional timber rattlesnake permits.
(1) Conditions. A permitted sponsor of an organized hunt may issue provisional permits on the form prescribed by the Commission subject to the following conditions:
(i) A provisional permit allows the holder thereof to take, catch or possess one timber rattlesnake without tagging the snake as required by § 79.6(d) (relating to venomous snake permits).
(ii) Provisional permits will be issued only in connection with an organized hunt and will be valid only during the period of the organized hunt as stated in the permit.
(iii) Provisional permits will only be issued to holders of permits under § 79.6 who are registered participants in the organized hunt.
(iv) A snake caught under a provisional permit shall be entered into the hunt and shall become the possession of the permitted sponsor of the organized hunt until the permitted sponsor returns the snake to the holder of the provisional permit.
(v) The holder of a provisional permit shall be responsible for returning a snake caught under a provisional permit unharmed to the site from which it was taken by sunset of the last day of the organized hunt.
(vi) Provisional permits in no way allow the holders thereof to possess a snake beyond the period of the organized hunt. The holder of a provisional permit who wishes to retain possession of a snake caught under a provisional permit shall tag the snake in accordance with § 79.6(d).
(2) Prohibited acts. The following acts are unlawful:
(i) A permitted sponsor of an organized hunt issues a provisional permit in violation of this subsection.
(ii) The holder of a provisional permit violates the terms and conditions of the provisional permit.
(iii) The holder of the provisional permit possesses a snake beyond the period of the organized hunt.
(iv) The holder of a provisional permit releases the snake to a site other than the site from which it was taken.
(g) Sacking contests. Sacking contests of native species regardless of origin are prohibited. It is unlawful to import timber rattlesnakes or any subspecies, hybrid or variety of Crotalus horridus, into this Commonwealth for use in connection with a sacking contest.
(h) Treatment of reptiles and amphibians. Reptiles and amphibians held in connection with an organized hunt may not be confined without water or shade or otherwise physically abused or handled roughly. Free-handling of native, venomous reptiles in an organized hunt is prohibited. At the conclusion of the organized hunt, the sponsor shall return the snakes to the registered participants who entered the snakes in the event.
§ 79.8. Artificial propagation and dealers of live reptiles and amphibians.
(a) General. Except for hobby breeders and pet stores as defined in 3 Pa.C.S. Chapter 42 (relating to aquaculture development), it is unlawful to artificially propagate or deal in live reptiles and amphibians without being registered with the Department of Agriculture (Department) under 3 Pa.C.S. Chapter 42. It is unlawful for anyone, regardless of whether or not registered, to artificially propagate reptiles and amphibians except those species, subspecies and color morphs that the Commission has approved for artificial propagation in this Commonwealth in accordance with this section.
(b) Approved lists. The Bureau of Fisheries will maintain lists of species, subspecies and color morphs for which the Department may issue registrations for artificial propagation and registrations for dealers of live reptiles and amphibians. The Bureau of Fisheries will maintain two separate lists--one that the Commission has approved for artificial propagation in an open system and one that the Commission has approved for artificial propagation in a closed system. The Director of the Bureau of Fisheries may update or modify the lists of approved species, subspecies and color morphs by adding species, subspecies or color morphs to or deleting species, subspecies or color morphs from the lists as necessary for the protection and management of reptiles and amphibians in this Commonwealth. The Commission will provide the lists to the Department on or before January 31 each year and whenever the Commission updates or modifies the lists. Copies of the lists of approved species, subspecies and color morphs are available upon request from the Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, Pennsylvania 16823.
(c) Open systems. Reptiles and amphibians may be artificially propagated or held by dealers in an open system only when the Commission has approved the species, subspecies or color morphs for artificial propagation in an open system.
(d) Closed systems.
(1) Reptiles and amphibians may be artificially propagated or held by dealers in a closed system that meets the requirements of this subsection only when the Commission has approved the species, subspecies or color morphs for artificial propagation in a closed system.
(2) To artificially propagate or deal in live reptiles and amphibians in a closed system, an applicant for registration shall certify that the following conditions are met:
(i) The closed system will be constructed and operated in a manner that prevents the escape or liberation of live animals. Typically, a closed system will be housed indoors in a structure enclosed by solid walls, floor and roof. For purposes of this paragraph, a wall, floor or roof will be considered ''solid'' if it is constructed and maintained to prevent unauthorized human or animal intrusions into the closed system facility and to prevent release or escape of live reptiles or amphibians from the closed system. Other types of housing structures will be considered closed if they are appropriate for the species being held and prevent their escape or liberation onto the lands or into the waters of this Commonwealth.
(ii) If water will be used in the propagator's or dealer's normal operations, discharge or disposal of the water will be in a manner that prevents the escape or liberation of live animals onto the lands or into the waters of this Commonwealth.
(iii) No live reptiles or amphibians or live reptile or amphibian eggs will be permitted to escape. Accidental escape, spillage or loss of live reptiles or amphibians including their eggs will be contained within the facility in a manner that prevents the reptiles and amphibians or their eggs from escaping onto the lands or into the waters of this Commonwealth.
(3) The Commission may request from the Department a list of registered propagators and dealers that hold reptiles and amphibians in closed systems. The Commission, in its discretion, may inspect the closed systems to ensure that they are designed and constructed in a manner to prevent escape of live reptiles or amphibians or their live eggs onto lands or into the waters of this Commonwealth. In addition, the Commission, in its discretion, may inspect the closed systems at any time to ensure compliance with this subsection, and the Commission may issue an order to suspend operations of any of these systems when an inspection discloses that it is not in compliance with this subsection.
(4) The Commission will invite the Department's Aquaculture Advisory Committee or a subcommittee thereof to draft and periodically update construction guidelines for closed system propagators and dealers to help them ensure closed systems prevent escape of reptiles and amphibians onto the lands or into the waters of this Commonwealth. These guidelines will assist registered propagators and dealers in the design, construction and maintenance of closed systems and will assist the Commission in inspecting these systems.
(5) It is unlawful for an operator of a closed system to liberate or allow live reptiles or amphibians to escape onto lands or into the waters of this Commonwealth.
(6) A registered operator of a closed system shall develop, maintain and make available for immediate inspection by the Commission and the Department upon request a written plan for containing or recovering escaped or liberated live reptiles and amphibians in the event of a closed system failure.
(7) A registered operator of a closed system shall notify both the Commission's Director of the Bureau of Fisheries and the Department's Aquaculture Coordinator immediately in the event of an escape or liberation of live reptiles and amphibians.
§ 79.9. Sale of native species.
Except as otherwise provided in the code or this chapter, it is unlawful to take, catch, kill or possess for purposes of selling or offering for sale or to sell, offer for sale, import or export for consideration, trade or barter, or purchase an amphibian or reptile that was taken from lands or waters wholly within this Commonwealth, and its progeny, whether dead or alive, in whole or in parts, including eggs or any life stage.
§ 79.10. Transportation and importation of native species.
(a) It is unlawful to transport or import into or within this Commonwealth a native species from another jurisdiction.
(b) It is unlawful to receive a native species that was transported or imported into or within this Commonwealth from another jurisdiction.
(c) This section does not apply to zoos or other accredited institutions that transport and import native species for scientific, educational or research purposes and Commission-recognized rehabilitators provided that they have received the written permission of the Executive Director or a designee under § 79.3(c) (relating to season and daily possession limits).
§ 79.11. Introduction.
(a) Nonnative species. It is unlawful to introduce a nonnative species into the natural environment of this Commonwealth. Persons who import nonnative reptiles or amphibians into this Commonwealth shall institute appropriate safeguards to prevent their introduction into the natural environment of this Commonwealth.
(b) Native species.
(1) General rule. It is unlawful to reintroduce a native species taken from the wild into the natural environment of this Commonwealth except when the following conditions are met:
(i) The reptile or amphibian is released to the point of capture.
(ii) The reptile or amphibian is released within 30 days of capture.
(iii) The reptile or amphibian is released during the period, May 1 through September 31.
(iv) The reptile or amphibian is in good health.
(v) The reptile or amphibian has not been in physical contact with another reptile or amphibian while in captivity.
(2) Artificially propagated animals. It is unlawful to introduce or facilitate the introduction of a native species that has been artificially propagated except when the following conditions are met:
(i) The Commission has approved the native species for artificial propagation in an open system in accordance with § 79.8 (relating to artificial propagation and dealers of live reptiles and amphibians).
(ii) The native species has been propagated by a propagator registered by the Department of Agriculture in accordance with 3 Pa.C.S. Chapter 42 (relating to aquaculture development).
§ 79.12. Color morphs of native species.
(a) For purposes of this chapter, it is presumed that color morphs of certain native species that are held in captivity were not taken from the wild. Therefore, the Commission has determined that color morphs of certain native species are exempt from the requirements of this chapter as provided in this section. The Commission will publish in the Pennsylvania Bulletin a list of color morphs of native species to which the following provisions apply:
(1) Color morphs of native species designated by the Commission are not subject to the possession limits of § 79.3 (relating to season and daily possession limits) provided they are not taken from the wild.
(2) Color morphs of native species designated by the Commission may be artificially propagated provided they are not taken from the wild and they are propagated in a closed system meeting the requirements of § 79.8 (relating to artificial propagation and dealers of live reptiles and amphibians).
(3) Color morphs of native species designated by the Commission may be sold by artificial propagators and dealers registered in accordance with 3 Pa.C.S. Chapter 42 (relating to aquaculture development) provided they are not taken from the wild.
(b) The Commission recognizes that the captive breeding of color morphs approved for propagation by the Commission in this section may result in animals that have a normal color appearance (typical phenotype). The typical phenotype progeny of these color morphs may be sold provided that the following conditions are met:
(1) They are sold by an artificial propagator or dealer registered in accordance with 3 Pa.C.S. Chapter 42.
(2) They were propagated in a closed system meeting the requirements of § 79.8 by a registered propagator.
(3) The artificial propagator or dealer that intends to sell them shall file an initial inventory on the form prescribed by the Commission that contains the numbers in possession as of December 31, 2006, and other information that the Commission requires. The artificial propagator or dealer shall submit the inventory to the Commission's Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823 by no later than January 31, 2007.
(4) The artificial propagator or dealer selling them shall maintain a current inventory on a form prescribed by the Commission, showing their origin, numbers and other information that the Commission requires. Artificial propagators or dealers shall maintain the inventory at their place of business and shall have the inventory in their possession when selling them. The inventory shall be presented upon the request of an officer authorized to enforce the code.
(5) The artificial propagator or dealer selling them shall submit an annual report on the form prescribed by the Commission that includes changes in the numbers possessed (for example, gains and losses to the inventory) and other information that the Commission requires. The artificial propagator or dealer shall submit the report to the Commission's Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823 by no later than January 31 of the following year.
§ 79.13. Natural areas.
(a) This chapter applies to all native species occurring naturally within the boundaries of selected Natural Areas of the Department of Conservation and Natural Resources.
(b) The taking, catching, killing or possession of individuals of any native species occurring naturally within the boundaries of designated natural areas by persons other than those possessing a valid scientific collector's permit is prohibited.
(c) Notice of this section will be posted at parking lots or access areas on the fringe of each designated natural area.
(d) Subsections (a) and (b) apply to natural areas within State Forests posted in accordance with subsection (c).
[Pa.B. Doc. No. 06-2512. Filed for public inspection December 22, 2006, 9:00 a.m.]
