Section 90.18. Fish and wildlife resources information

An application shall include fish and wildlife resources 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 § 90.48 (relating to fish and wildlife protection and enhancement plan).

(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the proposed permit area or adjacent area is likely to include one or more 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 species or habitats protected by State law or regulations, 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 raptors, areas offering special shelter or protection, migration routes or 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 § 90.18 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149002) to (149003).

Notation

Cross References

This section cited in 25 Pa. Code § 90.48 (relating to fish and wildlife protection and enhancement plan).