Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.4 - Possession permits for native species

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 the
				  protection and management of particular fish), that it is necessary for persons
				  who possess a live reptile or amphibian as of January 1, 2007, in compliance
				  with the possession limits in effect on December 31, 2006, but not in
				  compliance with the possession limits in effect on January 1, 2007, to have a
				  permit for the continued possession of the reptile or amphibian for the
				  remainder of the animal's life. Application for a one-time permit under this
				  section must be made on a form prescribed by the Commission, must be
				  accompanied by the appropriate fee and must be made by no later than June 30,
				  2007. Permits may be obtained by applying to: Bureau of Law Enforcement, 1601
				  Elmerton Avenue, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000.
				  The fee is $10.
(b)
Transfer.
If a permittee gives a reptile or amphibian covered
				  by a permit under this section to another person, the permit may be transferred
				  to the new owner upon completion of an application on the form provided by the
				  Commission, surrender of the original permit and payment of the appropriate
				  fee. The new owner shall apply for transfer of the permit prior to taking
				  possession of the animal. The fee to transfer a permit under this section is
				  $10.
(c)
Denial.
The denial of a permit under this section is appealable in the manner provided
				  by §§
										51.41-51.46 (relating to permit
				  procedures). A person who is denied a permit under this section shall surrender
				  the reptile or amphibian to an officer authorized to enforce the code or
				  provide proof that the animal was humanely euthanized or given to a person or
				  organization that can lawfully possess it. Under no circumstances may a person
				  who is denied a permit under this section release the animal into the
				  wild.
(d)
Required
				  permit.
It is unlawful to retain possession of a live reptile or
				  amphibian possessed as of January 1, 2007, that is in compliance with the
				  possession limits in effect on December 31, 2006, but not in compliance with
				  the possession limits in effect on January 1, 2007, without the required permit
				  from the Commission. A permit is required for continued possession regardless
				  of the animal's origin. A separate permit shall be obtained for each reptile or
				  amphibian and shall be kept at the location where the animal is held. Upon
				  request, the permit shall be presented to an officer authorized to enforce the
				  code. Permittees shall comply with the terms and conditions of the permit. It
				  is unlawful to alter, borrow or lend a permit under this section.
(e)
Exceptions.
This section
				  does not apply to the possession of reptiles and amphibians that are covered by
				  permissions and other permits issued under this subpart.
The provisions of this §
												79.4 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													2102 and
						2904.
This section cited in 58 Pa. Code §
												79.3 (relating to season and daily
						possession limits).