Endangered Species - Listing Authority and Process - Pennsylvania

(a) Establishment and publication of lists.--The executive director shall establish a Pennsylvania Threatened Species List and a Pennsylvania Endangered Species List. The lists, and any revisions thereto, shall be published in the Pennsylvania Bulletin.

(b) Rules, regulations and permits.--The commission may promulgate rules and regulations governing the catching, taking, killing, importation, introduction, transportation, removal, possession, selling, offering for sale or purchasing of threatened and endangered species and, if deemed advisable, may issue permits for catching, taking or possessing any of those species...

Citation: 30 Pa.C.S.A. § 2305.

(a) Changes to list.--The commission may, by regulation, add or remove any wild bird or wild animal native to this Commonwealth to or from the Pennsylvania native list of endangered or threatened species...

Citation: 34 Pa.C.S.A. § 2167.

(a) There is hereby created a Wild Resource Conservation Board, the members of which shall consist of the Secretary of the Department of Environmental Resources or his designee, the Executive Director of the Pennsylvania Fish and Boat Commission or his designee, the Executive Director of the Pennsylvania Game Commission or his designee, the chairman and minority chairman of the House Conservation Committee or their designees and the chairman and minority chairman of the Senate Environmental Resources and Energy Committee or their designees. The chairmanship of said board shall rotate on an annual basis among the members thereof.

(b) The board shall have the power and its duty shall be to:

(1) Meet annually to determine and prioritize the management objectives deemed necessary to preserve and enhance the wild resource.

(2) Conduct a public hearing not less than 60 days prior to each annual meeting of the board, providing 30 days advance notice thereof by publication in the Pennsylvania Bulletin to which all interested persons shall be invited to make recommendations to the board.

Citation: 32 Pa.C.S.A. § 5306.

(a) In addition to the powers and duties granted to it by the act of April 9, 1929 (P.L. 177, No. 175), known as “The Administrative Code of 1929,” the Department of Environmental Resources shall, with cooperation from taxonomists, biologists, botanists and other interested persons conduct investigations on wild plants in order to ascertain information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to classify plants and to determine management measures necessary for their continued ability to sustain themselves successfully.

(b) The department shall establish a classification procedure that should include but may not be limited to the following categories:

(1) Extirpated. Species which once occurred in Pennsylvania, but no longer are known to exist.

(2) Endangered. Species in danger of extinction throughout all or most of its range if critical habitat is not maintained, or it is greatly exploited by man.

(3) Threatened. Species likely to become endangered throughout all or most of its range if critical habitat is not maintained or it is greatly exploited by man...

(c) On the basis of such determinations, the Environmental Quality Board shall issue regulations not later than two years from the effective date of this act, after public notice, after receiving data from interested persons and after holding public hearings. Such regulations so established shall set limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage wild plants. The Environmental Quality Board may add or delete species as conditions change and may modify regulations to reflect the changing environment.

(d) The department shall establish criteria for and promote a cooperative Statewide system of private wild plant sanctuaries.

(e) Each landowner desiring “private wild plant sanctuary” designation under this act shall make application to the department on a form prepared and provided by the department.

(f) No portion of this section shall be construed to restrict withdrawal of said designation at the request of the landowner.

(g) The department may suspend or revoke any designation for violation of this act, the regulations thereunder or for other good cause.

(h) No portion of this section shall be construed to restrict entry into such sanctuaries for the purpose of hiking, hunting, fishing or any other beneficial nonmotorized outdoor activity.

(i) Except as provided in this section, it shall be unlawful for any person exclusive of the owner of the land or any person having a bona fide property interest therein, to willfully adversely alter or destroy the local ecosystem of such private wild plant sanctuary.

Citation: 32 Pa.C.S.A. § 5307.