Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 79 - REPTILES AND AMPHIBIANS › Section 79.3 - Season and daily possession limits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as otherwise provided in subsections (b)-(e), it is unlawful for a
				  person to take, catch or kill more than the daily limit specified in subsection
				  (h) in 1 calendar day or to have in possession more than the possession limit,
				  dead or alive, in whole or in parts, specified in subsection (g) or to hunt,
				  take, catch or kill reptiles or amphibians during the closed season. A reptile
				  or amphibian will not be considered to be in the possession of a person if,
				  after it is taken or caught, it is immediately released unharmed to the exact
				  location from which it was taken and is not confined to a sack, bag or other
				  container.
(b) This section does
				  not prohibit the sponsors of an organized reptile/amphibian hunt conducted
				  under a permit issued under §
										79.7 (relating to organized
				  reptile and amphibian hunt permits) from possessing more than the daily limit
				  of the species of reptiles or amphibians hunted if the total number of reptiles
				  and amphibians held in possession during each hunt does not exceed the daily
				  limit for the species hunted times the number of registered participants in the
				  organized hunt. This subsection applies to possession limits only. It does not
				  permit the sponsors of a hunt or individual hunters to take, catch or kill any
				  number of reptiles and amphibians in excess of the daily limits.
(c) This section does not prohibit possession
				  of numbers of reptiles and amphibians in excess of possession limits by zoos
				  and other accredited institutions for scientific, educational or research
				  purposes or licensed taxidermists for the purpose of mounting for properly
				  permitted customers, Commission-recognized rehabilitators or licensed pest
				  control agents with the written permission of the Executive Director or a
				  designee. These persons and institutions shall maintain a current open
				  inventory of and report annually changes in the number of reptiles and
				  amphibians possessed. The Executive Director may limit the number of reptiles
				  and amphibians that a person or institution may possess when the Executive
				  Director or a designee issues permission under this subsection.
(d) This section does not prohibit possession
				  of numbers of reptiles and amphibians in excess of possession limits by persons
				  who have obtained a permit under §
										79.4 (relating to possession
				  permits for native species).
(e)
				  This section does not prohibit possession of numbers of reptiles and amphibians
				  artificially propagated in accordance with this chapter in excess of the
				  possession limits by artificial propagators and dealers of live reptiles and
				  amphibians registered with the Department of Agriculture in accordance with 3
				  Pa.C.S. Chapter 42 (relating to aquaculture development).
(f) In prosecutions for violations of the
				  possession limits, when venomous reptiles have been killed in apparent
				  violation of the limits, it shall be a defense that the person who killed the
				  venomous reptiles acted under a reasonable apprehension of immediate death or
				  bodily harm to himself or other persons in his immediate vicinity, if no more
				  venomous reptiles are killed than necessary to protect life and limb and if the
				  person reported the kills in writing to the Natural Diversity Section Chief,
				  Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte,
				  Pennsylvania 16823, within 5 business days after the kill. It is unlawful for a
				  person to possess a venomous reptile, in whole or in parts, that was killed
				  under this subsection.
(g) When
				  season or annual limits apply, a season or annual limit has been reached once a
				  reptile or amphibian, dead or alive, in whole or in parts, has not been
				  immediately released to the exact location from which taken and is in the
				  possession of a person.
(h) The
				  following seasons, sizes, catch and possession limits apply to reptiles and
				  amphibians except endangered and threatened species:
SPECIES
SEASON
DAILY
								LIMIT
POSSESSION LIMIT
American Bullfrog
(Lithobates
								catesbeianus)
July 1 to October 31
10 (combined
								species)
20 (combined species)
Green frog
(Lithobates
								clamitans)
July 1 to October 31
10 (combined
								species)
20 (combined species)
Common snapping turtle
(Chelydra
								serpentina)
July 1 to October 31
15
30
Blanding's turtle
(Emydoidea
								blandingii)
No open season
0
0
Spotted turtle
(Clemmys
								guttata)
No open season
0
0
Wood turtle
(Glyptemys
								insculpta)
No open season
0
0
Woodland box turtle
(Terrapene carolina
								carolina)
No open season
0
0
Broad-headed skink
(Plestiodon
								laticeps)
No open season
0
0
Northern coal skink
(Plestiodon anthracinus
								anthracinus)
No open season
0
0
Common Mudpuppy
(Necturus maculosus
								maculosus)
No open season
0
0
Eastern hellbender
(Cryptobranchus
								alleganiensis alleganiensis)
No open
								season
0
0
Marbled salamander
(Ambystoma
								opacum)
No open season
0
0
Jefferson salamander
(Ambystoma
								jeffersonianum)
No open season
0
0
Four-toed salamander
(Hemidactylium
								scutatum)
No open season
0
0
Northern ravine salamander
(Plethodon
								lectromorphus)
No open season
0
0
Northern cricket frog
(Acris crepitans
								crepitans)
No open season
0
0
Mountain chorus frog
(Pseudacris
								brachyphona)
No open season
0
0
Upland chorus frog
(Pseudacris
								feriarum)
No open season
0
0
Western chorus frog
(Pseudacris
								triseriata)
No open season
0
0
Northern fence lizard
(Sceloporus
								undulatus)
No open season
0
0
Queensnake
(Regina
								septemvittata)
No open season
0
0
Short-headed Gartersnake
(Thamnophis
								rachystoma)
No open season
0
0
Eastern Ribbonsnake (Thamnophis saurita)
No open season
0
0
Mountain Earthsnake
(Virginia valeriae
								pulchra)
No open season
0
0
Eastern Smooth Earthsnake
(Virginia
								valeriae valeriae)
No open season
0
0
Smooth Greensnake
(Opheodrys
								vernalis)
No open season
0
0
Eastern Hog-nosed Snake
(Heterodon
								platirhinos)
No open season
0
0
Eastern wormsnake
(Carphophis amoenus
								amoenus)
No open season
0
0
Amphibian eggs and tadpoles
No closed
								season
15 (combined species)
15 (combined species)
Timber rattlesnake
(Crotalus
								horridus)
Second Saturday in June to July 31*
1
								annual limit** (must be at least 42 inches in length, measured lengthwise along
								the dorsal surface from the snout to the tail, excluding the rattle and must
								possess 21 or more subcaudal scales.)
Eastern Copperhead
(Agkistrodon
								contortrix)
Second Saturday in June to July 31
1
								annual limit**
Native species not listed in this subsection
No closed season
1
1
* It is unlawful for a person to hunt, take, catch or kill
					 timber rattlesnakes west of Route 15 and south of Interstate 81 to the Maryland
					 line where there is no open season.
** It is unlawful for a person to take, catch or kill more
					 than one timber rattlesnake or copperhead per calendar year except as provided
					 in §
											79.7(f) (relating
					 to organized reptile and amphibian hunt permits). It is unlawful for a person
					 to possess more than one timber rattlesnake or copperhead at any time except as
					 provided in § 79.7(f).
The provisions of this §
												79.3 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102;
						amended under section 506 of The Administrative Code of 1929 (71 P.S. §
													186); and the Fish and Boat Code, 30
						Pa.C.S.
This section cited in 58 Pa. Code §
												79.7 (relating to organized
						reptile and amphibian hunt permits); and 58 Pa. Code §
												79.12 (relating to color morphs of
						native species).