Section 75.5. Qualified surveyors for endangered and threatened species and their habitat


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  • (a) Requirement. To conduct surveys for endangered or threatened species or their habitat in connection with an application for a proposed or planned development activity, a surveyor shall be deemed qualified by the Commission.

    (b) Qualification. An individual who wishes to be qualified by the Commission to conduct surveys for endangered or threatened species shall demonstrate to the Commission’s satisfaction that he meets the qualified surveyor requirements as approved by the Executive Director and published in the Pennsylvania Bulletin. The individual shall demonstrate his qualifications by submitting the completed application provided by the Commission. Individuals on existing Commission lists as of January 5, 2013, will be deemed qualified for purposes of this section provided they submit the completed application provided by the Commission.

    (c) List. Upon qualification, the Commission will place the names of the individuals meeting these requirements on its qualified surveyor list for the species described in the application. The Commission will make these lists available to the public on its web site at www.fishandboat.com.

    (d) Duration. The Commission’s qualification of a surveyor is valid for 10 calendar years and expires on December 31 of the 10th year for which it was granted.

    (e) Renewal. A qualified surveyor shall apply for renewal of the Commission’s qualification every 10 years by submitting the completed renewal application provided by the Commission within 90 days prior to the qualification’s expiration.

    (f) Denial and revocation. The Commission may deny qualification of a surveyor who does not meet the requirements of this section. The Commission may revoke the qualification of a surveyor when the surveyor no longer meets the requirements of this section. A person aggrieved under this subsection may appeal to the Executive Director in accordance with 1 Pa. Code § 35.20 (relating to appeals from actions of the staff). Part II of 1 Pa. Code (relating to General Rules of Administrative Practice and Procedure) applies.

    (g) Other requirements. When applicable, a qualified surveyor shall meet the requirements of § § 51.71 and 75.4 (relating to scientific collectors’ permits; and special permits).