PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 63, 77 AND 79]
General Provisions; Fishing
[36 Pa.B. 1220] The Fish and Boat Commission (Commission) proposes to amend Chapters 53 and 63 (relating to Commission property; and general fishing regulations), delete Chapter 77 (relating to reptiles and amphibians) and add Chapter 79 (relating to reptiles and amphibians). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking updates and improves the regulation of reptiles and amphibians to provide greater protection and management of these resources.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2007.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 53.7 and 63.7 (relating to use of firearms; and exceptions to limitations on devices) and proposed §§ 79.1--79.3 and 79.8--79.13 are published under the statutory authority of section 2102 of the code (relating to rules and regulations). Proposed §§ 79.4--79.7 are published under the statutory authority of section 2102 of the code and 2904 of the code (relating to permits for protection and management of particular fish).
D. Purpose and Background
This proposed rulemaking is designed to improve, enhance and update the Commission's reptile and amphibian regulations. The specific purpose of this proposed rulemaking is described in more detail under the summary of proposals.
At the April 2005 meeting, the Commission approved the publication of a proposed rulemaking containing proposed amendments to the Commission's reptile and amphibian regulations. The Commission also directed staff to solicit public comments for a period of at least 90 days and to assemble a workgroup of interested parties and stakeholders. The original proposed rulemaking was published at 35 Pa.B. 5683 (October 15, 2005). As directed by the Commission, staff assembled a diverse workgroup comprised of captive breeders, hobbyists, snake hunters, snake hunt sponsors, conservationists and academics. The workgroup has met on two occasions, once in August and again in November 2005, and has offered tremendous input to the Commission.
As a result of the workgroup's discussions, the Commission has made numerous revisions and additions to the original proposed rulemaking published at 35 Pa.B. 5683. This proposed rulemaking contains many of the provisions of the original proposed rulemaking but addresses many of the issues raised by the workgroup. It also incorporates some of the changes suggested by the public thus far. At the January 2006 meeting, the Commission approved the publication of a second proposed rulemaking and directed staff to solicit public comments for a period of 60 days.
E. Summary of Proposals
This proposed rulemaking, which adds Chapter 79, contains the following provisions:
(1) Section 79.1. Among the organizational changes in this chapter is the addition of § 79.1 (relating to definitions). The Commission proposes a more explicit definition of ''hunt'' and proposes the addition of definitions of ''snake hooks or tongs,'' ''turtle hooks,'' ''subcaudal scale'' and ''native species.'' The current definitions in § 77.2 (relating to reptile and amphibian hunt permits) for ''organized reptile and amphibian hunt'' and ''sacking contest,'' for the most part, were left unchanged and are included in proposed § 79.1. As a result of the workgroup meetings, this proposed section now includes a definition of ''color morph'' and a revised definition of the term ''native species.'' The definition of ''native species'' in this proposed rulemaking now includes species or subspecies where applicable.
(2) Section 79.2. In proposed § 79.2 (relating to taking reptiles or amphibians), the Commission proposes combining various provisions pertaining to the taking of reptiles and amphibians found throughout Chapter 77 and proposes placing them in one section. This proposed section describes the means and the devices by which reptiles and amphibians may be lawfully taken and enumerates unlawful practices. It also makes it unlawful to take, catch or kill a reptile or amphibian through use of a firearm. For consistency, the Commission further proposes that § 53.7 be amended to remove the provision allowing the use of .22 caliber rimfire weapons with shotshell to take frogs during the open season unless otherwise posted on Commission owned or controlled property.
As a result of the workgroup meetings, the Commission has revised this proposed rulemaking so that it is not unlawful to gather, take or possess amphibian eggs. This change is consistent with the regulations in Chapter 77 that currently are in effect.
(3) Section 79.3. Proposed § 79.3 (relating to season and daily possession limits) pertains to season and daily possession limits currently addressed in § 77.6 (relating to season and daily possession limits). Under the current regulations, a sponsor of an organized reptile/amphibian hunt may possess more than the daily limit of timber rattlesnakes if the total number of timber rattlesnakes held in possession during each hunt and for not more than 48 hours thereafter does not exceed the daily limit for timber rattlesnakes times twice the number of persons engaged in the hunt. This proposed rulemaking reduces the number from two times the number of persons engaged in the hunt to one.
Other proposed amendments to this section include reducing the daily and possession limits for both bullfrogs and green frogs from 15 and 30 to 10 and 20, respectively. The proposed section also includes a prohibition against the taking of 23 species of reptiles and amphibians that are considered to be rare, declining or ''at risk'' by the Commission's Amphibian and Reptile Technical/Advisory Committee. These species have limited ranges in this Commonwealth, are threatened by development and collection pressure and are currently being studied by the Commission. Until these species are considered for formal listing as threatened or endangered species, the Commission proposes ''no collection'' (that is, no open season and daily and possession limits of 0) as a means of protecting them. Status assessment studies are underway for these species, which could lead to future management decisions.
In addition, the Commission proposes additional restrictions with regard to timber rattlesnakes. Currently, the regulations permit a person to take, catch or kill one timber rattlesnake per calendar year and to possess one timber rattlesnake at a time. Under the proposed rulemaking, it is unlawful for a person to take, catch, kill or possess a timber rattlesnake that is less than 38 inches in length, measured lengthwise along the dorsal surface from the snout to the tail, excluding the rattle, and that possesses less than 21 subcaudal scales. The proposed rulemaking further prohibits a person to hunt timber rattlesnakes from the South Mountain population (west of Route 15 and south of Interstate 81 to the Maryland line) where there is no open season.
The timber rattlesnake is currently listed as a candidate species in this Commonwealth and it is listed as a protected species (threatened or endangered) or species of concern in neighboring states. Unlike most amphibians and reptiles in this Commonwealth, the timber rattlesnake is sought out by hunters as a game species. Reptile collectors collect them for their variable coloration, large size and unique nature. People have been known to wantonly kill timber rattlesnakes due to their perceived threat to humankind. Despite former tightening of the regulations on the collection of this animal (reduced to one possession limit in 1993 and one annual limit in 1996), preliminary results of the Commission's timber rattlesnake population study (2003--present) suggest that the timber rattlesnake is declining in the peripheral parts of its range in this Commonwealth due to development pressure, wanton killing and collecting. Adult female timber rattlesnakes need 8-10 years to reach reproductive maturity. Therefore, taking females out of the population is a threat to local populations and the larger Statewide population. A minimum length limit and minimum number of subcaudal scales are proposed to limit timber rattlesnake hunters interested in take/collection to favor collection of mature adult male snakes. This proposed rulemaking will help to protect adult and gravid (pregnant) females and enable their progeny to reach reproductive maturity. In addition, the Commission proposes that the South Mountain population (portions of Adams, Cumberland, Franklin and York Counties) of timber rattlesnake be off-limits to hunting due to the documented decline in numbers in this specific area from hunting and human encroachment pressure and apparent isolation with the North Mountain and Maryland timber rattlesnake populations.
The proposed rulemaking further places a season and catch and possession limits on the northern copperhead. These proposed amendments are needed because the status of the northern copperhead is uncertain. Although no comprehensive population studies have been conducted on this species, there is a consensus among herpetologists that the northern copperhead is declining across its range and in this Commonwealth. The Commission also proposes that a permit like the current timber rattlesnake permit be required for northern copperheads. The specifics of this permit requirement are discussed in paragraph (6). The permit requirement will enable the Commission to collect locational and harvest information to be used to assess the possible decline of northern copperheads in this Commonwealth. Ultimately, this information will be used for future management of the northern copperhead.
Finally, the proposed rulemaking reduces the daily and possession limits for native species not listed in the regulation from two to one.
As a result of the workgroup meetings, the Commission has made several revisions to this section from the original proposed rulemaking published at 35 Pa.B. 5683. The current regulations in Chapter 77 and the original proposed rulemaking provide that the section does not prohibit possession of numbers of amphibians and reptiles in excess of possession limits by ''zoos and other institutions or persons for scientific, educational or research purposes'' with the written permission of the Executive Director or a designee. The Commission proposes to limit this exception to zoos and ''other accredited institutions'' and proposes that it no longer be available for persons. The Commission also proposes to extend this exception to ''Commission-recognized rehabilitators.'' The Commission further proposes that this section be revised to expressly provide that it does not prohibit possession of numbers of amphibians and reptiles in excess of possession limits by persons who have obtained a permit under § 79.4 (relating to possession permits for native species). Finally, the Commission has addressed amphibian eggs so that they, like tadpoles, have no closed season and are subject to daily and possession limits of 15 (combined species).
(4) Section 79.4. As a result of the workgroup meetings, the Commission proposes to add § 79.4. This proposed section is necessitated by the proposed reductions in the daily and possession limits of some species. This proposed section provides a ''grandfathering'' mechanism for persons possessing herptiles where daily and possession limits will be reduced. For example, the 23 ''at-risk'' species that are proposed for ''no collection'' (that is, no open season and daily and possession limits of 0) have current limits of two, and the daily and possession limits for native species not specifically listed in proposed § 79.3(g) are proposed to be reduced from two to one. Proposed § 79.4 creates a new possession permit that will ''grandfather'' animals possessed as of January 1, 2007, that meet possession limits in effect on December 31, 2006.
The permit will be required for the continued possession of the animal and will be required for the possession of native species regardless of origin. It will be a one-time permit and will cost $10. Individuals shall apply by June 30, 2007. If the permitholder gives the animal to another person, the permit may be transferred to the new owner upon completion of an application, surrender of the original permit and payment of a $10 fee. There are exceptions to the permit requirement. Possession permits will not be required for animals that are covered by other permissions (such as the written permission of the Executive Director for zoos, educational institutions, rehabilitators, and the like) and that are covered by other permits (such as snake permits or scientific collector's permits).
(5) Section 79.5. In proposed § 79.5 (relating to snapping turtle permits), the Commission proposes a new permit requirement for the taking of common snapping turtles by persons who intend to sell, barter or trade them. In many states across its range, the common snapping turtle is declining. The new permit is proposed to facilitate a better understanding of the numbers of turtles that are being taken for commercial use, when the hunting pressure exists and who is engaged in the activity. Information gleaned from the permit system will enable the Commission to make well-informed decisions about the future management of snapping turtles.
The language in this section is the same as the original proposed rulemaking. There are no changes as a result of the workgroup's input.
(6) Section 79.6. Proposed § 79.6 (relating to venomous snake permits) addresses permit requirements for both the timber rattlesnake and the northern copperhead, making it unlawful to hunt, take, catch, kill or possess them without first procuring the necessary permit. The current cost of the timber rattlesnake permit has remained at $5 for the past 14 years. The Commission proposes increasing the permit fee to $25 for residents and $50 for nonresidents to offset costs due to inflation and the costs of permit issuance, processing and data compilation. Fees collected from this permit can also be used as matching funds to obtain grants to perform additional management activities.
In this section, the Commission also proposes new tagging requirements for persons who hunt, take, catch, kill or possess timber rattlesnakes. Currently, the Commission issues well over 1,000 individual timber rattlesnake permits per year (1,181 permits issued in 2004 and 1,080 in 2005), and permit requests have increased approximately 200-300 each year since 1998. Approximately 15% of the hunters are reporting ''take'' (for harvest or as pets) of snakes. There is evidence to suggest that even more snakes are being taken than are being reported. The Commission proposes a tagging system to provide better accountability of hunters that decide to take timber rattlesnakes alive or dead. The information collected in this program will assist the Commission in the development of management units and associated bag limits for timber rattlesnakes.
The language in this section is the same as the original notice of proposed rulemaking published at 35 Pa. B. 5683. There are no changes as a result of the workgroup's input.
(7) Section 79.7. Proposed § 79.7 (relating to organized reptile and amphibian hunt permits) pertains to organized reptile and amphibian hunt permits currently addressed in § 77.2. Among the proposed amendments is an increase in the fee from the current $25 to $100. This increase has been proposed to offset the changes in inflation, including the permit review and processing costs, and monitoring/permit compliance of hunts. Also proposed are reporting requirements and a provisional hunting permit. The provisional permit will allow permitholders to take, catch or possess one timber rattlesnake without tagging the snake during an organized snake hunt so long as the snake is returned unharmed to the point of capture following the event. The Commission will continue with its current practice of banning sacking contests utilizing native species and of allowing the use of nonnative species lawfully imported from other jurisdictions.
(8) Section 79.8. The Commission, as a result of the workgroup meetings, proposes to add § 79.8 (relating to artificial propagation). When 3 Pa.C.S. Chapter 42 (relating to Aquaculture Development Law) (act) was enacted in 1998, responsibility for registering artificial propagators and dealers of live bait fish, fish bait and other live fish was transferred from the Commission to the Department of Agriculture (Department). The Department has been registering artificial propagators and dealers of several fish species and two frog species for several years. Propagation is limited to species of fish that have been approved for propagation by the Commission, and each year the Commission provides the Department with an updated list.
Despite the fact that the definition of ''fish'' in the act mirrors the definition in the code and specifically includes ''reptiles and amphibians,'' artificial propagators (except those raising Northern green frogs and bullfrogs) have not been registering with the Department. Commission staff met with Department staff, and the agencies agree that the act covers reptiles and amphibians. The Commission and the Department also agree that artificial propagators of reptiles and amphibians (except hobby breeders) must register with the Department and propagation is limited to those species approved for propagation by the Commission.
Proposed § 79.8 provides that except for hobby breeders, it is unlawful to artificially propagate reptiles and amphibians without being registered with the Department. It further provides that artificial propagation is limited to species approved for propagation by the Commission, and the Commission will maintain a list of these species. Commission staff intend to develop this list with input from the captive breeders.
(9) Section 79.9. Proposed § 79.9 (relating to sale of native species) addresses the sale of reptiles and amphibians currently in § 77.3 (relating to taking and selling reptiles or amphibians). This section has been clarified to reflect the intent of the Commission to protect the native herptiles of this Commonwealth and their progeny. The demand for both wild caught and captive bred reptiles and amphibians, including several native to this Commonwealth, has increased considerably over the past several years. While our waterways conservation officers go through intense training on the identification of this Commonwealth's native species, it can be almost impossible to tell whether an individual animal is captive bred or wild caught. This is especially true for hatchling or juvenile animals, the preferred product for reptile and amphibian dealers. This section helps to eliminate the profit motive for both collection and sale of native species in this Commonwealth and the collection of animals in this Commonwealth for breeding stock for commercial propagation programs.
This section differs from the original proposed rulemaking published at 35 Pa. B. 5683 in that it eliminates subsection (b) that the Commission deemed to be superfluous because the language already is in the code.
(10) Section 79.10. Proposed § 79.10 (relating to transportation and importation of native species) makes it illegal to transport or import into or within this Commonwealth a native species, as defined in Chapter 79, from another jurisdiction. It also makes it unlawful to receive a native species that was transported or imported into or within this Commonwealth from another jurisdiction.
As a result of the workgroup's input, the Commission has modified the language in the original proposed rulemaking published at 35 Pa. B. 5683 to allow transportation and importation of native species by 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).
(11) Section 79.11. Proposed § 79.11 (relating to introduction of nonnative species) restates the current provisions of § 77.7 (relating to introduction of nonnative species). The language in this section is the same as the original proposed rulemaking published at 35 Pa. B. 5683. There are no changes as a result of the workgroup's input.
(12) Section 79.12. As a result of the workgroup meetings, the Commission proposes to add § 79.12 (relating to color morphs) that pertains to color morphs that are defined in proposed § 79.1 as being ''a distinct color variant form of a reptile or amphibian.'' For purposes of this proposed section, the Commission has presumed that color morphs of certain native species that are held in captivity were not taken from the wild. The new section provides that the Commission will designate these color morphs by publishing a notice in the Pennsylvania Bulletin, and certain provisions will apply to color morphs on the list provided they are not taken from the wild. Color morphs on the list will not be subject to possession limits, may be artificially propagated and may be sold. Commission staff intend to develop a list of color morphs with input from the workgroup.
(13) Section 79.13. Proposed § 79.13 (relating to Natural Areas) restates the current provisions of § 77.1 (relating to natural areas). The language in this section is the same as the original notice of proposed rulemaking published at 35 Pa. B. 5683. There are no changes as a result of the workgroup's input.
The Commission proposes to amend the various sections previously discussed as set forth in Annex A.
F. Paperwork
The proposed rulemaking will increase paperwork and will create new paperwork requirements in that 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, will be required to have a permit for the continued possession of the animal for the remainder of its life. These persons will have to complete an application, and if approved, the Commission will issue a permit. If a permitholder subsequently gives the animal to another person, the permit may be transferred to the new owner upon completion of an application, surrender of the original permit and issuance of a new permit by the Commission.
The proposed rulemaking also will increase paperwork and will create new paperwork requirements in that persons who wish to hunt, take, catch or kill snapping turtles for the purpose of sale, barter or trade will be required to complete an application. If approved, the Commission will issue a permit to those persons. Holders of snapping turtle permits also will be required to furnish annual reports on a form prescribed by the Commission.
The proposed rulemaking may increase paperwork by requiring individuals who wish to hunt, take, catch or kill northern copperheads as well as timber rattlesnakes to apply for a permit. The Commission's existing permit covers timber rattlesnakes only, and the Commission may receive additional applications if it adopts a permit requirement for northern copperheads. However, the Commission believes that the number of venomous snake permits that it will issue may actually decrease because of the increased fee. In addition, the proposed rulemaking may slightly increase paperwork in that timber rattlesnake and northern copperhead permittees will be required to meet annual reporting requirements by completing a form prescribed by the Commission. Timber rattlesnake permittees currently must file catch reports each year. This proposed rulemaking also require persons who take, catch, kill or possess a timber rattlesnake to complete a possession tag that is attached to the permit. This is a new requirement.
With regard to the organized reptile and amphibian hunt permit, the Commission does not expect any increase in paperwork or new paperwork requirements in that the Commission already requires a permit for organized hunts. Holders of these permits will continue to be required to furnish reports. These reports must be submitted on the form prescribed by the Commission.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. Some of the costs to the Commission that are associated with the new or revised permit programs will be offset by the fees.
The proposed rulemaking will impose new costs on the private sector and the general public in that the new possession permit fee is $10. This is a one-time fee only, and the proposed rulemaking requires affected persons to apply by no later than June 30, 2007. The Commission estimates that it will issue approximately 2,500 possession permits during 2007, the first year that the permit is available. After the first year, the Commission expects that applications will level off, and for the most part, the persons who will apply will be new owners seeking to have a permit transferred to them. The fee to transfer a permit is also $10.
The proposed rulemaking will impose new costs on the private sector and the general public in that the new snapping turtle permit has a fee of $50 for residents and $100 for nonresidents. The Commission estimates that it will issue approximately 200 snapping turtle permits during the first year that the permit requirement is in effect with the expectation that the number will increase each year thereafter.
The proposed rulemaking also will impose new costs in that the venomous snake permit will cost residents $25 and nonresidents $50. The current cost of a timber rattlesnake permit has remained at $5 for the past 14 years. Currently, the Commission issues well over 1,000 individual timber rattlesnake permits per year (1,181 permits issued in 2004 and 1,080 in 2005) and permit requests have increased approximately 200-300 each year since 1998. The Commission believes that it may issue fewer venomous snake permits annually because of the increase in the price of the permit.
In addition, the proposed rulemaking will impose additional costs on those individuals wishing to obtain an organized reptile and amphibian hunt permit. It is proposed that the fee associated with this permit be increased from $25 to $100. The Commission currently issues approximately ten organized hunt permits each year. The Commission estimates that it will continue to issue a similar number of organized hunt permits in the future.
With regard to all four permit types, the Commission will utilize the fees to offset the costs associated with permit issuance and processing and data compilation. The Commission hopes that in some instances, it will be able to utilize fees that are collected as matching funds to obtain grants to perform additional management activities.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 60 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-179. (1) Fish Fund; (2) Implementing Year 2006-07 is $73,580; (3) 1st Succeeding Year 2007-08 is $8,750; 2nd Succeeding Year 2008-09 is $8,750; 3rd Succeeding Year 2009-10 is $10,000; 4th Succeeding Year 2010-11 is $11,250; 5th Succeeding Year 2011-12 is $11,250; (4) 2005-06 Program--$27,000 (Timber Rattlesnake Permit); 2004-05 Program--$29,525 (Timber Rattlesnake Permit); 2003-04 Program--$25,000 (Timber Rattlesnake Permit); (7) General Government Operations; (8) recommends adoption. It is anticipated that a portion of the increased administrative costs to the Fish Fund would be offset by the fees collected.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.7. Use of firearms.
It is unlawful for any person to carry or use firearms on Commission owned or controlled properties except for persons:
* * * * * [(3) Using .22 caliber rimfire weapons with shotshell only to take frogs during the open season unless otherwise posted.]
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.7. Exceptions to limitations on devices.
The limitations on fishing devices contained in this chapter do not:
* * * * * (4) Apply to the taking, catching or killing of amphibians and reptiles--see Chapter [77] 79 (relating to reptiles and amphibians).
CHAPTER 77. [REPTILES AND AMPHIBIANS] (Reserved) (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the text of Chapter 77, which appears in 58 Pa. Code pages 77-1--77-7, serial pages (297645) to (297651).)
§§ 77.1--77.8. (Reserved).
(Editor's Note: The following text is new and is printed in regular type to enhance readability.)
CHAPTER 79. REPTILES AND AMPHIBIANS Sec.
79.1. Definitions. 79.2. Taking reptiles or amphibians. 79.3. Season and daily possession limits. 79.4. Possession permits for native species. 79.5. Snapping turtle permits. 79.6. Venomous snake permits. 79.7. Organized reptile and amphibian hunt permits. 79.8. Artificial propagation. 79.9. Sale of native species. 79.10. Transportation and importation of native species. 79.11. Introduction of nonnative species. 79.12. Color morphs. 79.13. Natural Areas. § 79.1. Definitions.
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 may 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 not less than a 1 inch space between the point and the shank.
§ 79.2. Taking reptiles or amphibians.
(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 the den or the immediate surroundings thereof. 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.
(b) Turtles.
(1) It is unlawful to take, catch or kill a turtle by means of a hook other than a turtle hook as defined in § 79.1 (relating to definitions).
(2) It is unlawful for a person to leave a set line, turtle trap or other device for catching turtles unattended unless the device has attached a tag or other means of identification containing the name, address and telephone number of the owner or user of the device. Traps, nets or devices used for catching turtles must be of a floating or partially submerged design so as to allow for the release of untargeted turtles unharmed.
(c) Frogs.
(1) Frogs may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs. Spears or gigs may not be mechanically propelled, may not have more than five barbed points and may not be used in approved trout waters.
(2) It is unlawful to take, catch or kill a frog by use of artificial light at night.
§ 79.3. Season and daily possession limits.
(a) Except as otherwise provided in subsections (b), (c) and (d), it is unlawful for a person to take, catch or kill more than the daily limit specified in subsection (g) 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. An amphibian or reptile 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 amphibians and reptiles in excess of the daily limits.
(c) This section does not prohibit possession of numbers of amphibians and reptiles 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 amphibians and reptiles in excess of possession limits by persons who have obtained a permit under § 79.4 (relating to possession permits for native species).
(e) 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, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616, 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.
(f) 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.
(g) The following seasons, sizes, catch and possession limits apply to amphibians and reptiles except endangered and threatened species:
SPECIES
SEASON
DAILY LIMIT
POSSESSION LIMIT
Bullfrog (Rana catesbeiana) July 1 to October 31 10 (combined species) 20 (combined species) Green frog (Rana 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 (Emys blandingii) No open season 0 0 Spotted turtle (Clemmys guttata) No open season 0 0 Wood turtle (Glyptemys insculpta) No open season 0 0 Eastern box turtle (Terrapene carolina carolina) No open season 0 0 Broadhead skink (Eumeces laticeps) No open season 0 0 Northern coal skink (Eumeces anthracinus) No open season 0 0 Mudpuppy (Necturus 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 Ravine salamander (Plethodon richmondi) 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 Striped chorus frog complex (Pseudacris feriarum feriarum,
P. feriarum triseriata)No open season 0 0 Northern fence lizard (Sceloporus undulatus) No open season 0 0 Queen snake (Regina septemvittata) No open season 0 0 Shorthead garter snake (Thamnophis brachystoma) No open season 0 0 Eastern ribbon snake (Thamnophis sauritus) No open season 0 0 Mountain earth snake (Virginia pulchra) No open season 0 0 Smooth earth snake (Virginia valeriae) No open season 0 0 Smooth green snake (Liochlorophis vernalis) No open season 0 0 Eastern hognose snake (Heterodon platirhinos) No open season 0 0 Eastern worm snake (Carphophis 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 38 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.) Northern copperhead (Agkistrodon contortrix) Second Saturday in
June to July 311 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 northern copperhead per calendar year. It is unlawful for a person to possess more than one timber rattlesnake or northern copperhead at any time. § 79.4. Possession permits for native species.
(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 shall be made on a form prescribed by the Commission, shall be accompanied by the appropriate fee and shall be made by no later than June 30, 2007. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. 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 chapter.
§ 79.5. Snapping turtle permits.
(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 shall be made on a form prescribed by the Commission and shall be accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for residents is $50 per year; the fee for nonresidents is $100 per year. The denial of a permit under this section is appealable in the manner provided by §§ 51.41--51.46 (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.
§ 79.6. Venomous snake permits.
(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 the timber rattlesnake (Crotalus horridus) and northern copperhead (Agkistrodon contortrix) that persons who hunt, take, catch or kill these species have a permit for the activity. Application for a permit shall be made on a form prescribed by the Commission and accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for residents is $25 per year; the fee for nonresidents is $50 per year. The denial of a permit under this section is appealable in the manner provided by §§ 51.41--51.46 (relating to permit procedures).
(b) Required permit. It is unlawful to hunt, take, catch, kill or possess a timber rattlesnake or northern copperhead, in whole or in parts, without first procuring the required permit from the Commission. The required permit shall be in the 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) Reporting. Within 10 business days following the capture or kill, or if no snake is captured or killed, within 10 days of the conclusion of the season, the permittee shall complete a report on the form prescribed by the Commission and shall mail the report to the Commission's Natural Diversity Section, 450 Robinson Lane, Bellefonte, PA 16823.
(d) Tagging of timber rattlesnakes.
(1) A person who takes, catches, kills or possesses a timber rattlesnake shall immediately complete the possession tag that is attached to his permit and detach the tag from the permit in the field. The possession tag shall be completed in accordance with the instructions printed on the tag, and the information to be provided includes, but is not limited to, the municipality and county where the snake was captured or killed, the date of capture or kill and a description of the snake, including color phase, sex, number of subcaudal scales and length in inches. The possession tag shall be kept in a safe location so that it can be presented along with the timber rattlesnake to which it pertains upon the request of an officer authorized to enforce the code.
(2) After the possession tag is detached from the permit, it is unlawful to take, catch, kill or possess another timber rattlesnake.
(3) It is unlawful to alter, borrow, lend or transfer possession tags under this section.
(4) When presenting a timber rattlesnake to a taxidermist for mounting, the tag shall remain with the rattlesnake while in the possession of the taxidermist.
(e) Field dressing of timber rattlesnakes. A permittee may field dress a timber rattlesnake so long as the head and tail remain intact.
(f) Measurement of timber rattlesnakes. Upon the request of an officer authorized to enforce the code, a permittee shall measure a timber rattlesnake to determine its length. If the permittee is unable to measure the timber rattlesnake, the officer may seize the snake so that a measurement may be taken at another location.
§ 79.7. Organized reptile and amphibian hunt permits.
(a) Application. The Commission finds, under section 2904 of the code (relating to permits for protection and management of 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 shall be made on a form prescribed by the Commission and accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for the permit is $100. The denial of a permit under this section is appealable in a manner provided by §§ 51.41--51.46 (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 his designee, may consider factors as he deems 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.
(c) Required permit. It is unlawful to engage in organized reptile and amphibian hunts unless the sponsors of the hunts have first procured the required permit for each hunt. The required permits shall be held in possession of the sponsor at all times during each hunt. Permittees shall comply with the terms and conditions of each permit and furnish reports required thereby.
(d) Reporting. At the location of the hunt, the permittee shall complete a report on the form prescribed by the Commission that will include, at a minimum, the location of the hunt; the names of the registered participants; the species name of the reptile or amphibian that was captured or killed; a description of the reptile or amphibian that was captured or killed; the date and time the reptile or amphibian was brought to the hunt; and the permit number of the person who captured or killed the reptile or amphibian. The permittee shall complete the form as registered participants deliver their reptiles or amphibians for entry into the competition. This form shall be presented upon the request of an officer authorized to enforce the code. Within 10 days following the conclusion of the event, the permittee shall submit the form to the Commission.
(e) Season. It is unlawful to conduct an organized reptile or amphibian hunt for any species of reptile or amphibian except during the open season for the reptile or amphibian as specified in § 79.3 (relating to season and daily possession limits).
(f) Provisional timber rattlesnake permits.
(1) Conditions. A permitted sponsor of an organized hunt may issue provisional permits on the form prescribed by the Commission subject to the following conditions:
(i) A provisional permit allows the holder thereof to take, catch or possess one timber rattlesnake without tagging the snake as required by § 79.6(d) (relating to venomous snake permits).
(ii) Provisional permits shall be issued only in connection with an organized hunt and shall be valid only during the period of the organized hunt as stated in the permit.
(iii) Provisional permits shall only be issued to holders of permits under § 79.6 who are registered participants in the organized hunt.
(iv) A snake caught under a provisional permit shall be entered into the hunt and shall become the possession of the permitted sponsor of the organized hunt.
(v) The permitted sponsor of the organized hunt shall be responsible for returning all snakes caught under provisional permits unharmed in the areas from which they were taken at the conclusion of the hunt.
(vi) Provisional permits in no way allow the holders thereof to possess a snake beyond the period of the organized hunt.
(2) Prohibited acts. The following acts are unlawful:
(i) A permitted sponsor of an organized hunt issues a provisional permit in violation of this subsection.
(ii) The holder of a provisional permit violates the terms and conditions of the provisional permit.
(iii) The holder of the provisional permit possesses a snake beyond the period of the organized hunt.
(g) Sacking contests. Sacking contests of native species regardless of origin are prohibited. It is unlawful to import timber rattlesnakes or any subspecies, hybrid or variety of Crotalus horridus, into this Commonwealth for use in connection with a sacking contest.
(h) Treatment of reptiles and amphibians. Reptiles and amphibians held in connection with an organized hunt may not be confined without water or shade or otherwise physically abused or handled roughly. Free-handling of native, venomous reptiles in an organized hunt is prohibited. At the conclusion of the organized hunt, the sponsor shall return the snakes to the registered participants who entered the snakes in the event.
§ 79.8. Artificial propagation.
Except for hobby breeders as defined in 3 Pa.C.S. Chapter 42 (relating to aquaculture development), it is unlawful to artificially propagate reptiles and amphibians without being registered with the Department of Agriculture under 3 Pa.C.S. Chapter 42. It is unlawful to artificially propagate reptiles and amphibians except those species that the Commission has approved for artificial propagation in this Commonwealth. The Bureau of Fisheries will maintain a list of species for which the Department of Agriculture 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 for the protection and management of reptiles and amphibians in this Commonwealth. The Commission will provide the list to the Department of Agriculture 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 Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, PA 16823.
§ 79.9. Sale of native species.
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.
§ 79.10. Transportation and importation of native species.
(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).
§ 79.11. Introduction of nonnative species.
It is unlawful to introduce any species of reptile or amphibian into the natural environment of this Commonwealth if that species is not native to this Commonwealth. Persons who import nonnative reptiles or amphibians into this Commonwealth shall institute appropriate safeguards to prevent their introduction into the environment of this Commonwealth.
§ 79.12. Color morphs.
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 from time to time 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 seasons 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.
(3) Color morphs of native species designated by the Commission may be sold provided they are not taken from the wild.
§ 79.13. Natural Areas.
(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).
[Pa.B. Doc. No. 06-424. Filed for public inspection March 17, 2006, 9:00 a.m.]
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