Subchapter A. GENERAL PROVISIONS
Sec.
45.1. Scope.
45.2. Definitions.
45.3. Classified plant taxonomy.§ 45.1. Scope.
This chapter establishes a plant classification system, creates permit and license procedures and regulates other activities related to this Commonwealth’s native wild plant management. This chapter applies to vulnerable plants, to naturally occurring wild plants native to this Commonwealth and to activities and persons associated with them.
§ 45.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Wild Resource Conservation Act (32 P. S. § § 5301—5314).
Export—The transfer of plants, or parts thereof, across state lines for profit.
Ginseng—The plant species identified as Panax quinquefolius L.
Naturally occurring—Plant species whose natural range occurs in this Commonwealth.
Pennsylvania Endangered—A classification of plant species which are in danger of extinction throughout most or all of their natural range within this Commonwealth, if critical habitat is not maintained or if the species is greatly exploited by man. This classification also includes populations of plant species that have been classified as Pennsylvania Extirpated, but which subsequently are found to exist in this Commonwealth.
Pennsylvania Extirpated—A classification of plant species believed by the Department to be extinct within this Commonwealth. The plants may or may not exist outside this Commonwealth. If plant species classified as Pennsylvania Extirpated are found to exist, the species automatically will be considered to be classified as Pennsylvania Endangered.
Pennsylvania Rare—A classification of plant species which are uncommon within this Commonwealth because they may be found in restricted geographic areas or in low numbers throughout this Commonwealth.
Pennsylvania Threatened—A classification of plant species which may become endangered throughout most or all of their natural range within this Commonwealth, if critical habitat is not maintained to prevent their further decline in this Commonwealth, or if the species is greatly exploited by man.
Pennsylvania Vulnerable—A classification of plant species which are in danger of population decline within this Commonwealth because of their beauty, economic value, use as a cultivar or other factors which indicate that persons may seek to remove these species from their native habitats.
Special Concern Population—A classification that is composed of colonies, groups or single individuals of a plant species that the Department has determined to be a unique occurrence deserving protection. Among the factors that may be used to classify a plant population within this category are the existence of unusual geographic locations, unisexual populations or extraordinarily diverse plant populations.
Tentatively Undetermined—A classification of plant species which are believed to be in danger of population decline, but which cannot presently be included within another classification due to taxonomic uncertainties, limited evidence within historical records or insufficient data.
Wild plants—Naturally occurring native flora, except those commonly considered an agricultural commodity, including green and nongreen species or subspecies, variety or a part, product, seed or progeny thereof.
Authority The provisions of this § 45.2 amended under section 7 of the Wild Resource Conservation Act (32 P.S. § 5307); and sections 305(a)(9) and 313(g) of the Conservation and Natural Resources Act (71 P.S. § § 1340.305(a)(9) and 1340.313(g)).
Source The provisions of this § 45.2 adopted December 4, 1987, effective January 1, 1988, 17 Pa.B. 5027; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2816; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7757. Immediately preceding text appears at serial pages (378083) to (378084) and (217121).
§ 45.3. Classified plant taxonomy.
Nomenclature used to identify species taxonomy in Subchapter B (relating to classified plants) is according to Rhoads, A. F. and Block, T. A. (2007), The Plants of Pennsylvania An Illustrated Manual Second Edition, Philadelphia, Pennsylvania: University of Pennsylvania Press., unless a different taxonomic source is indicated immediately following the scientific name.
Authority The provisions of this § 45.3 amended under section 7 of the Wild Resource Conservation Act (32 P.S. § 5307); and sections 305(a)(9) and 313(g) of the Conservation and Natural Resources Act (71 P.S. § § 1340.305(a)(9) and 1340.313(g)).
Source The provisions of this § 45.3 amended December 21, 2018, effective December 21, 2018, 48 Pa.B. 7757. Immediately preceding text appears at serial page (217121).
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