§ 45.46. Criteria for approval of a wild plant management permit.
An application for a wild plant management permit will not be approved unless the application affirmatively demonstrates, and the Department, in writing, finds the following:
(1) Potential threats exist to harm the wild plant population’s ability to perpetuate itself, and the habitat into which the plants will be transplanted is suitable or there is a justifiable need for collection of the wild plants for taxonomic and botanical studies.
(2) The applicant’s botanical knowledge and experience are sufficient to enable the applicant to carry out the activity applied for on the application.
(3) The application is accurate and complete and the requirements of the act and this subchapter have been satisfied.
(4) There is no history of past or continuing violations or conduct which indicate the applicant’s lack of ability or intention to comply with the act or this chapter.
(5) The proposed activity will not affect the continued existence of, or destroy or adversely modify, the critical habitat of wild plants classified as Pennsylvania Endangered or Pennsylvania Threatened.
(6) The proposed activity will perpetuate wild plants as members of ecosystems, enhance the numbers of the wild plants, restore the range of the wild plants or add to scientific knowledge.
(7) The assessment of the probable cumulative impacts of the activity indicate that the approval of the activity will be in the best interests of wild plant management.
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