Section 88.33. Fish and wildlife resource information

An application shall include fish and wildlife resource information for the proposed permit area and adjacent area.

(1) The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under § 88.62 (relating to fish and wildlife protection and enhancement plan).

(2) Site-specific resource information necessary to address the respective species or habitats is required when the proposed permit area or adjacent area is likely to include one of the following:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or those species or habitats protected by the law or regulations of the Commonwealth, including those species listed as threatened or endangered by the Game Commission and the Fish Commission.

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptures, areas offering special shelter or protection, migration routes of reproduction and wintering areas.

(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

The provisions of this § 88.33 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148741) to (148742).

Notation

Cross References

This section cited in 25 Pa. Code § 86.81 (relating to program services); 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 88.62 (relating to fish and wildlife protection and enhancement plan).