reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter E - TAGGED FISH CONTESTS IN BOUNDARY LAKES › Section 69.44 - Review of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Bureau of Law Enforcement will review permit applications for completeness.
					 Incomplete applications will be returned without action to the
					 applicant.
(b) When a permit
					 application is deemed complete, the Bureau of Law Enforcement will publish a
					 notice of the receipt of the application in the
Pennsylvania
					 Bulletin
. The notice will provide the public with at least 15 days to
					 offer comments, protests, interventions or objections with respect to the
					 application for the proposed tagged-fish contest. Permit applications, together
					 with public comments or objections, will be reviewed, at a minimum, by the
					 Bureau of Fisheries and the Bureau of Law Enforcement. The comments and
					 recommendations of fisheries and enforcement personnel with responsibility for
					 the site of the proposed contest will be solicited.
(c) If the Director of the Bureau of
					 Fisheries or a designee makes a recommended finding that the proposed contest
					 is likely to result in substantial public interest or controversy, significant
					 adverse impacts on fisheries resources or threats to the fisheries resources of
					 Commonwealth waters of the boundary lake where the contest is to be conducted,
					 the Director of the Bureau of Law Enforcement will:
(1) Notify the applicant.
(2) Publish a notice in the
Pennsylvania Bulletin
under §
												51.43(c)
					 (relating to staff review), which will provide at least 15 days notice of the
					 date, time and place of a public hearing on the proposed permit and at least 15
					 days for the submission of written comments, protests and interventions
					 concerning the proposed permit.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.1 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													2102,
						2904 and
						3309.
This section cited in 58 Pa. Code §
												71.6 (relating to prohibited
						acts).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.2 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.2 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													2102,
						2904 and
						3309; the Agricultural
						Development Act,
						3
						Pa.C.S. §
													4219; and section 506 of The
						Administrative Code of 1929 (71 P.S. §
													186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.3 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102;
						and the Aquacultural Development Law,
						3
						Pa.C.S. §
													4219.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.6 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.6 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													305,
						322,
						741,
						928,
						2102,
						2307,
						2711,
						5122,
						5123 and
						5124; amended under the
						Fish and Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.7 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.7 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904; amended under the
						Fish and Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904; and section 506 of
						The Administrative Code of 1929 (71 P.S. §
													186).
This section cited in 58 Pa. Code §
												71.1 (relating to general); 58 Pa.
						Code §
												71.6 (relating to prohibited
						acts); and 58 Pa. Code §
												73.1 (relating to
						transportation).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71 - Reserved › Section 71.8 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												71.8 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102(a).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter A - SCOPE AND ADMINISTRATIVE PROVISIONS › Section 71a.1 - Authority and definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority.
Under section 2102 of the code (relating to rules
					 and regulations), the Commission may promulgate rules and regulations to
					 preserve, protect and enhance the fishery interests of the
					 Commonwealth.
(b)
Definitions.
The following words, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise.
Department
'The Department of
						Agriculture of this Commonwealth.
Diploid
'Having two haploid sets of
						homologous chromosomes.
Genetically modified
'An organism whose
						genome, chromosomal or extrachromosomal, is modified permanently and heritably,
						using recombinant nucleic acid techniques and includes the progeny of any
						genetically modified organism derived therefrom.
Grass carp-Ctenophryngodon idella
, also
						known as white amur.
Ornamental pond
'An outdoor pond
						constructed as an aesthetic landscape feature that has a closed system of water
						circulation with no risk of contacting the surface waters of this Commonwealth;
						this does not include aquaculture facilities, ponds constructed to provide
						fishing opportunity, or ponds used for the confinement or production of
						baitfish.
Triploid
'Having three haploid sets of
						homologous chromosomes.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter A - SCOPE AND ADMINISTRATIVE PROVISIONS › Section 71a.2 - General

Current through Register Vol. 54, No. 28, July 13, 2024
No species of fish may be introduced into waters of this
						Commonwealth, unless baited on a hook for angling purposes, without prior
						submission of a Notice of Stocking to the Commission on a form prescribed by
						the Commission. For the purposes of this subsection, ''waters of this
						Commonwealth'' does not include waters contained within a property or premise
						of a propagation or dealer facility licensed under
						3
						Pa.C.S. §§
												4201'4223 (relating to
						Aqua-culture Development Law). Fish health certification requirements provided
						in §
											71a.6 (relating to fish health
						certificate requirements) shall be adhered to, when applicable.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter B - PROPAGATION OF FISH IN THIS COMMONWEALTH › Section 71a.3 - Fish propagation and introduction list

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The Bureau of Fisheries will maintain a list of
					 species by watershed for which the Department may issue registrations for
					 artificial propagation and registrations for dealers of live aquatic animals.
					 The Director of the Bureau of Fisheries may update or modify the list of
					 authorized species by adding species to, or deleting species from, the list as
					 necessary to provide for the protection and management of fish and fishing in
					 this Commonwealth. The Commission will provide the list to the Department on or
					 before January 31 each year and whenever the Commission updates or modifies the
					 list. Copies of the list of authorized species are available upon request from
					 the Fish and Boat Commission, Bureau of Fisheries, 595 East Rolling Ridge
					 Drive, Bellefonte, Pennsylvania 16823.
(b)
Grass carp.
(1) It is unlawful to propagate grass carp,
					 diploid or triploid, in this Commonwealth.
(2) The introduction or importation of grass
					 carp into this Commonwealth or waters of this Commonwealth is prohibited,
					 except that triploid grass carp may be introduced as provided in §
												71a.10 (relating to triploid grass
					 carp).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter B - PROPAGATION OF FISH IN THIS COMMONWEALTH › Section 71a.4 - Closed system propagation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Closed (no discharge) system.
(1) A propagating system may be designated as
					 a closed system only if all of the following criteria are met:
(i) There will be 100% recycling water as
					 normal operations.
(ii) The system
					 will be housed indoors in a structure enclosed by solid walls, floor and roof.
					 For purposes of this subsection, 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
					 aquatic organisms from the closed system.
(iii) Water can be added to the system only
					 for making up evaporative loss, cleaning and fish harvesting or to reduce toxic
					 ammonia/nitrates by diluting.
(iv)
					 The system does not discharge water into waters of this Commonwealth.
(v) No live fish or live fish eggs may be
					 allowed to escape with water discharges. Accidental spillage of live fish or
					 live fish eggs, including truck loading, and the like, will be contained within
					 the facility in a manner that will prevent fish and fish eggs from escaping
					 into the waters of this Commonwealth.
(vi) The system operator is registered with
					 the Department.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter C - FISH INTRODUCTION AND HEALTH MANDATES › Section 71a.8 - Stocking of designated waters

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to introduce, place or stock fish in
						waters that have been designated by the Commission as catch and release,
						wilderness trout or wild trout management waters except with the express
						written consent of the Executive Director or their designee. This section does
						not prohibit a person from returning fish unharmed to the waters from which
						they were caught or taken.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter C - FISH INTRODUCTION AND HEALTH MANDATES › Section 71a.9 - Improper stocking of Commission fish

Current through Register Vol. 54, No. 28, July 13, 2024
When stocking fish reared or salvaged by the Commission
						or a cooperative nursery recognized by the Commission, the following acts are
						prohibited:
(1) Failure to stock fish
					 in waters designated by Commission personnel.
(2) Diversion of fish to be stocked to waters
					 not open or accessible to free public fishing.
(3) Mishandling or misuse of fish being
					 stocked in a manner so as to damage or destroy the fish.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter C - FISH INTRODUCTION AND HEALTH MANDATES › Section 71a.10 - Triploid grass carp

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Policy.
As a limited exception to the prohibition of grass
					 carp in this Commonwealth, it is the policy of the Commission to permit
					 triploid grass carp, certified by the United States Fish and Wildlife Service
					 (USFWS) and procured from a producer participating in the USFWS certification
					 program, to be introduced into Commonwealth waters and imported and transported
					 into this Commonwealth in accordance with this section.
(b)
Status.
The triploid
					 grass carp is not a game fish.
(c)
Permit required.
(1) The
					 Commission finds, under section 2904 of the code (relating to permits for
					 protection and management of particular fish), that permits shall be required
					 for possessing triploid grass carp or introducing them into Commonwealth waters
					 and for importing or transporting triploid grass carp into this Commonwealth to
					 provide for proper protection and management of these fish and other fish in
					 the waters of this Commonwealth. A pond owner, landowner or other person who
					 wishes to possess triploid grass carp and introduce them into a pond or waters
					 located on property owned, leased or otherwise controlled by the person shall,
					 before placing triploid grass carp in the waters, obtain from the Commission a
					 triploid grass carp possession/introduction permit, for a fee of $85. A person
					 who wishes to import triploid grass carp into this Commonwealth shall, before
					 doing so, obtain from the Commission a triploid grass carp
					 importation/transportation permit, for a fee of $85. Permits shall be applied
					 for on forms supplied by the Commission. Live triploid grass carp imported and
					 intended for introduction into waters of this Commonwealth shall be in
					 compliance with §
												71a.6 (relating to fish health
					 certificate requirements).
(2) A
					 person aggrieved by a Commission staff action on a permit application may
					 appeal under Chapter 51, Subchapter E (relating to permit procedures) and 1 Pa.
					 Code Part II (relating to the General Rules of Administrative Practice and
					 Procedure).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter D - PROHIBITED SPECIES, AQUATIC INVASIVE SPECIES AND VECTOR PREVENTION › Section 71a.11 - Prohibited species

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
					 unlawful to introduce, import, possess or transport in or through this
					 Commonwealth, or the waters of this Commonwealth, the following species:
(1) Snakeheads (all species).
(2) Black carp (
Mylopharyngodon
					 piceus
).
(3) Bighead carp
					 (
Hypophthalmichtys nobilis
).
(4) Silver carp (
Hypophthalmichtys
					 molitrix
).
(5) Zebra
					 mussel (
Dreissena polymorpha
).
(6) Quagga mussel (
Dreissena
					 rostriformis bugensis
).
(7) Round goby (
Neogobius
					 melanostomus
).
(8)
					 Freshwater tubenose goby (
Proterorhinus
					 semi-lunaris
).
(9)
					 European rudd (
Scardinius erythrophthalmus
).
(10) Crayfish (all live species), except when
					 any of the following apply:
(i) Possessed and
					 used as bait on, in or about the water from which taken.
(ii) Possessed or imported for testing and
					 scientific purposes or restaurant consumption, adequate measures have been
					 taken to prevent their escape, and they are accompanied by documentation
					 stating the point of origin and the destination to which they are to be
					 delivered.
(iii) Dead with the head
					 removed or salted and dried for angling purposes.
(11) Ruffe (
Gymnocephalus
					 cernua
).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter D - PROHIBITED SPECIES, AQUATIC INVASIVE SPECIES AND VECTOR PREVENTION › Section 71a.12 - Watercraft requirements and prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
No person may intentionally place or attempt to place
					 a watercraft, trailer or water-related equipment into waters of this
					 Commonwealth, including aquatic plant harvesting or control equipment, that has
					 aquatic plants or prohibited species attached, in whole or in part, except as
					 provided in this section.
(b)
Removal and confinement.
(1)
					 A waterways conservation officer may order the following:
(i) The removal of aquatic plants or
					 prohibited species listed in §
													71a.11(a)
					 (relating to prohibited species) from a watercraft, trailer or water-related
					 equipment before being transported or before it is placed into waters of this
					 Commonwealth.
(ii) Confinement of
					 the watercraft at a mooring, dock or other location until the related equipment
					 is removed from the water.
(iii)
					 Removal of watercraft from a water of this Commonwealth to remove prohibited
					 invasive species if the water has not been listed by the Commission as being
					 infected with that species.
(iv) A
					 prohibition on placing a watercraft into a water of this Commonwealth when the
					 watercraft has aquatic plants or prohibited invasive species attached in
					 violation of subsection (a) or when water has not been drained or the drain
					 plug has not been removed in violation of subsection (c).
(v) Decontamination of a watercraft, if
					 possible, on site.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 71a - PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS › Subchapter D - PROHIBITED SPECIES, AQUATIC INVASIVE SPECIES AND VECTOR PREVENTION › Section 71a.13 - Bait fish importation and use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
					 may not release or dispose live bait fish into any water of this Commonwealth,
					 except live bait fish baited on a hook for angling purposes, without prior
					 submission of a Notice of Stocking to the Commission. A person may collect live
					 bait fish for angling. A species of bait fish collected for use as bait may not
					 be transferred from waters in this Commonwealth into another drainage of this
					 Commonwealth where this particular species does not already exist. This
					 subsection does not apply to the Commission, or a propagation facility licensed
					 by the Department under
					 3
					 Pa.C.S. §§
												4201'4223 (relating to
					 Aquaculture Development Law) for the purpose of releasing bait fish into waters
					 of this Commonwealth as food for aquaculture or fisheries management purposes.
(b) Live bait fish imported and
					 intended for introduction into waters of this Commonwealth shall be in
					 compliance with §
											71a.6 (relating to fish health
					 certificate requirements).
(c) This
					 subsection does not apply to dead bait fish (salted or frozen) sold for angling
					 purposes outside the Lake Erie watershed. The provisions of §
											71a.7 (relating to introduction or
					 transportation of VHS-susceptible species of fish) shall be adhered to for
					 purposes of this section.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 73 - RESERVED › Section 73.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												73.1 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													305,
						322,
						741,
						928,
						2102,
						2307,
						2711,
						5122,
						5123, and
						5124; amended under the
						Fish and Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904.
This section cited in 58 Pa. Code §
												71.6 (relating to prohibited
						acts).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 73 - RESERVED › Section 73.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												73.3 adopted under the authority
						of the Fish and Boat Code,
						30 Pa.C.S. §
													2102(a); amended under the
						Fish and Boat Code,
						30 Pa.C.S. §
													2102(c).
This section cited in 58 Pa. Code §
												63.51 (relating to sale of
						vhs-susceptible species of fish); and 58 Pa. Code §
												71.8 (relating to introduction of
						vhs-susceptible species of fish).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 75 - ENDANGERED SPECIES › Section 75.1 - Endangered species

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The species of fish, amphibians and reptiles and
				  invertebrates listed in subsections (b-(d) are classified endangered. The
				  catching, taking, killing, possessing, importing to or exporting from this
				  Commonwealth, selling, offering for sale or purchasing of any individual of
				  these species, alive or dead, or any part thereof, without a special permit
				  from the Executive Director is prohibited.
(b)
Fish.
The following
				  species are endangered:
(1) Northern brook
				  lamprey,
Ichthyomyzon fossor.
(2) Shortnose sturgeon,
Acipenser
				  brevirostrum.
(3) Lake
				  sturgeon,
Acipenser fulvescens.
(4) Atlantic sturgeon,
Acipenser
				  oxyrhynchus.
(5) Spotted
				  gar,
Lepisosteus oculatus.
(6) Hickory shad,
Alosa
				  mediocris.
(7) Cisco,
Coregonus artedi.
(8) Northern redbelly dace,
Chrosomus
				  eos.
(9) Blacknose Shiner
				  (
Notropis heterolepis
).
(10) Bridle shiner,
Notropis
				  bifrenatus.
(11) River
				  shiner,
Notropis blennius.
(12) Ghost shiner,
Notropis
				  buchanani.
(13) Ironcolor
				  shiner,
Notropis chalybaeus.
(14) Blackchin shiner,
Notropis
				  heterodon.
(15) Redfin
				  shiner,
Lythrurus umbratilis.
(16) Longnose sucker,
Catostomus
				  catostomus.
(17) Bigmouth
				  buffalo,
Ictiobus cyprinellus.
(18) Reserved.
(19) Mountain madtom,
Noturus
				  eleutherus.
(20) Tadpole
				  madtom,
Noturus gyrinus.
(21) Northern madtom,
Noturus
				  stigmosus.
(22) Burbot,
Lota lota
(inland populations only).
(23) Reserved.
(24) Pugnose Minnow (
Opsopoeodus
				  emiliae
).
(25) Warmouth,
Lepomis gulosus.
(26) Longear sunfish,
Lepomis
				  megalotis.
(27) Iowa
				  darter,
Etheostoma exile.
(28) Eastern sand darter,
Ammocrypta
				  pellucida.
(29) Hornyhead
				  chub,
Nocomis biguttaus.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 75 - ENDANGERED SPECIES › Section 75.2 - Threatened species

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The species of fish, amphibians, reptiles and
				  invertebrates listed in subsections (b)-(d) are classified as threatened. The
				  catching, taking, killing, possessing, importing to or exporting from this
				  Commonwealth, selling, offering for sale or purchasing, of any individual of
				  these species, alive or dead, or any part thereof, without a special permit
				  from the Executive Director is prohibited.
(b)
Fish.
The following
				  species are threatened:
(1) Bigmouth shiner,
Notropis dorsalis.
(2) Southern redbelly dace,
Chrosomus
				  erythrogaster.
(3) Spotted
				  sucker,
Minytrema melanops.
(4) Brindled madtom,
Noturus
				  miurus.
(5) Chesapeake
				  Logperch,
Percina imaculate.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 75 - ENDANGERED SPECIES › Section 75.3 - Candidate species

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The species listed in subsections (b) and (c) are
				  considered candidate species which could achieve endangered or threatened
				  status in the future. They are subject to seasons, size, creel-bag-and
				  possession limits specified in this subpart. A person who catches these species
				  is encouraged to release them immediately and unharmed to the waters or other
				  area from which they were taken.
(b) Reserved.
(c)
Amphibians and reptiles.
(1) Blandings Turtle,
Emydoidea
				  blandingii.
(2)
				  Broad-headed Skink,
Plestiodon laticeps.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 75 - ENDANGERED SPECIES › Section 75.4 - Special permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director, or a designee, may issue special
					 permits under section 2305 of the code (relating to threatened and endangered
					 species) to take, catch, kill or possess threatened or endangered species upon
					 written application on forms provided by the Commission.
(1) Special permits will be issued only upon
				  a showing of unique or extraordinary circumstances justifying the permit and
				  the applicant shows that the permitted action does one of the following:
(i) Has no demonstrable adverse impacts on
				  the population of the species in this Commonwealth.
(ii) Is in the best interest of the
				  protection, conservation and management of the species.
(iii) Is necessary and appropriate in the
				  interests of public health and safety or promotes essential research or public
				  education and information.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 75 - ENDANGERED SPECIES › Section 75.5 - Qualified surveyors for endangered and threatened species and their habitat

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
												79.1 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
This section cited in 58 Pa. Code §
												79.2 (relating to taking reptiles
						or amphibians).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.2 - Taking reptiles or amphibians

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.5 - Snapping turtle permits

Current through Register Vol. 54, No. 28, July 13, 2024
(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 the Natural Diversity Section Chief,
				  Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte,
				  Pennsylvania 16823. The fee for residents is $60 per year; the fee for
				  nonresidents is $120 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.
The provisions of this §
												79.5 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904; amended under
						section 506 of The Administrative Code of 1929 (71 P.S. §
													186); and the Fish and Boat Code,
						30 Pa.C.S. §
													2904.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.7 - Organized reptile and amphibian hunt permits

Current through Register Vol. 54, No. 28, July 13, 2024
(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 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 the
				  Natural Diversity Section Chief, Division of Environmental Services, 595 East
				  Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. The fee for the permit is
				  $120. 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.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.9 - Sale of native species

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
												79.9 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
This section cited in 58 Pa. Code §
												79.10 (relating to transportation
						and importation of native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.10 - Transportation and importation of native species

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
The provisions of this §
												79.10 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.11 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.12 - Color morphs of native species

Current through Register Vol. 54, No. 28, July 13, 2024
(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
				  Law) provided they are not taken from the wild.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.13 - Natural areas

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
The provisions of this §
												79.13 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission has promulgated and adopted this subpart
					 under the code. This subpart is intended to implement and supplement the code
					 related to boats and boating, and to regulate boats and boating, owners and
					 operators of boats and the operation and navigation of boats, over, upon, in or
					 through the waters of this Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
				  expressly provided otherwise in this subpart, or the context clearly indicates
				  otherwise, the definitions provided in section 102 of the code (relating to
				  definitions) apply to this subchapter.
(b) The term "underway" means that a vessel
				  is not at anchor, or made fast to the shore, or aground.
(c) The term "passenger" means any person on
				  a boat, including persons being towed using any device.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.3 - Operator responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise provided in this subpart, and except in
					 cases where the context clearly indicates otherwise, the operator of a boat
					 shall be responsible for compliance with this subpart and the code. The
					 operator of a boat which is not equipped, operated, registered or marked in
					 compliance with this subpart may be charged with a violation.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.4 - Age of operator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person 11
				  years of age or younger may not operate a personal watercraft or a boat
				  propelled by a motor greater than 25 horsepower.
(b) A person 12 through 15 years of age may
				  not operate a personal watercraft if there are any passengers onboard 15 years
				  of age or younger.
The provisions of this §
												91.4 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.5 - Parental and boat owner responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  It is unlawful for the owner of a boat knowingly to allow or permit a child 17
				  years of age or younger to operate the boat in violation of this
				  subpart.
(b) It is unlawful for a
				  parent or guardian of a child 17 years of age or younger knowingly to allow or
				  permit the child to operate a boat in violation of this subpart.
(c) It is unlawful for the owner of a boat
				  knowingly to allow an individual who is required to have a boating safety
				  education certificate to operate the boat without having a boating safety
				  education certificate onboard.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.6 - Boating Safety Education Certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
(1) For residents of this Commonwealth, a
				  Boating Safety Education Certificate is a document issued by the Commission
				  certifying that the person named on the certificate has established proof of
				  competency through the successful completion of a course approved in accordance
				  with §
											91.7 (relating to criteria for
				  courses of instruction in boating safety education).
(2) For nonresidents, a Boating Safety
				  Education Certificate is a certificate, card or other official document that
				  indicates on the certificate, card or other document successful completion of a
				  course approved by the National Association of State Boating Law
				  Administrators.