RULES AND REGULATIONS
[58 PA. CODE CHS. 61 AND 77]
Reptiles and Amphibians
[26 Pa.B. 1825] The Fish and Boat Commission (Commission) by this order amends Chapters 61 and 77 (relating to seasons, sizes and creel limits; and reptiles and amphibians). The Commission is amending these chapters under the authority of 30 Pa.C.S. (relating to Fish and Boat Code of 1980) (code). The amendments deal with reptiles and amphibians.
A. Effective Date
These amendments will take effect upon publication of this order.
B. Contact Person
For further information on the amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000 or Andy Shiels, Herpetology and Endangered Species Coordinator, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, PA 16823, (814) 359-5113.
C. Statutory Authority
These amendments are published under the statutory authority of sections 2102 and 2904 of the code (relating to rules and regulations; and permits for protection and management of particular fish).
D. Purpose and Background
The amendments update the Commission's regulations on reptiles and amphibians to provide for the better protection and management of this form of wildlife.
E. Summary of Changes
The existing reptile and amphibian regulations were in need of revision to provide adequate protection of these resources. The Commission observed increasing interest in collecting certain reptiles and amphibians in this Commonwealth. There were areas regarding regulations pertaining to organized reptile and amphibian hunts that required clarification. Commission staff from the Bureaus of Fisheries and Law Enforcement and members of the Herpetology Advisory Committee discussed and contributed to the drafting of the changes.
The Commission has adopted changes to current reptiles and amphibian regulations to:
(a) Clarify requirements for individual permits to take, catch or kill timber rattlesnakes, § 77.2 (relating to reptile and amphibian hunt permits).
(b) Further define possession issues regarding timber rattlesnakes including the addition of an annual limit, § 77.6 (relating to season and daily possession limits).
(c) Prohibit the sale, trade or barter of native reptile and amphibian parts, § 77.3 (relating to taking and selling reptiles and amphibians under section 2102(b) and (c) of the code).
(d) Prohibit harvest and possession of reptile eggs and provide additional protection for nests, § 77.3.
(e) Place possession limits on frogs, § 77.6.
(f) Place season, daily and possession limits on snapping turtles, § 77.6.
(g) Clarify the prohibition on the importation of timber rattlesnakes, § 77.8 (relating to importation of timber rattlesnakes).
Additionally, the Commission has adopted changes to Pymatuning Reservoir regulations in § 61.3 (relating to Pymatuning Reservoir) to bring them in line with current and proposed Statewide regulations. The Commission's staff solicited comments from the Ohio Department of Natural Resources (DNR), which has shared jurisdiction for this boundary water. The Ohio DNR has no objections to these changes. On final rulemaking, the Commission has corrected a wording error in § 77.3.
F. Paperwork
These amendments will not increase paperwork and will create no new paperwork requirements, except the clarification on the requirement for individual annual timber rattlesnake hunt permits, in § 77.2, will more clearly define who is required to have permits.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 25 Pa.B. 4134 (September 30, 1995). The Commission received no written public comments in response to the notice of proposed rulemaking. Andy Shiels, Herpetology, Endangered Species and Triploid Grass Carp coordinator, reports that he received two telephone calls about the proposed amendments. Both concerned the seasons for snapping turtles.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and that all comments received were considered.
(3) The amendment of the regulations of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 61 and 77, are amended by amending §§ 61.3, 77.2, 77.6 and 77.8 to read as set forth at 25 Pa.B. 4134; and by amending § 77.3 to read as set forth in Annex A.
(b) The Executive Director shall submit this order, 25 Pa.B. 4134 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 25 Pa.B. 4134 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-50 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 77. REPTILES AND AMPHIBIANS § 77.3. Taking and selling reptiles or amphibians under section 2102(b) and (c) of the code.
(a) A reptile or amphibian may not be taken through the use of chemicals, smoke, explosives, winches, jacks or other devices or materials, or manually that may disrupt, damage or destroy the den or the immediate surroundings thereof. Habitat may not be destroyed in pursuit of a reptile or amphibian.
(b) It is unlawful to take, catch, kill or possess an amphibian or reptile, whether dead or alive, in whole or in parts, including eggs or any lifestage, except common snapping turtles (Chelydra serpentina), in this Commonwealth for the purpose of selling the amphibian or reptile or offering it for sale.
(c) It is unlawful for a person to sell, offer for sale, import or export for consideration, trade or barter, or purchase an amphibian or reptile, except common snap-ping turtles, whether dead or alive, in whole or in parts, including eggs or any lifestage, that was taken, caught or killed in this Commonwealth. It is not a violation of this subsection to sell, offer for sale, import or export for consideration, or purchase an amphibian or reptile taken, caught or killed prior to September 1, 1979.
(d) In prosecutions for violation of this section, it shall be a rebuttable presumption that a species of amphibian or reptile that is native to or occurs within this Commonwealth, was taken, caught or killed in this Common-wealth, and that a reptile or amphibian offered for sale, sold, or purchased in apparent violation of this section was taken, caught or killed after September 1, 1979.
(e) 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 in the natural environment of this Commonwealth.
[Pa.B. Doc. No. 96-628. Filed for public inspection April 19, 1996, 9:00 a.m.]
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