§ 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 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.
Authority The provisions of this § 79.4 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.
Cross References This section cited in 58 Pa. Code § 79.3 (relating to season and daily possession limits).
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