Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.8 - Artificial propagation and dealers of live reptiles and amphibians

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Except for hobby breeders and pet stores as defined
				  in 3 Pa.C.S. Chapter 42 (relating to Aquaculture Development Law), 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, 595 East Rolling Ridge Drive, 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.