§ 45.1. Scope.

 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.

   Unlisted—Plant species which are native to this Commonwealth, presently capable of sustaining their populations successfully, not in need of protection currently and currently not included in classifications under this chapter.

   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.

 Nomenclature used to identify species taxonomy contained within Subchapter B is according to Kartesz, J. T. and Rosemarie Kartesz, 1980 A Synonymized Checklist of the Flora of the U. S., Canada, and Greenland, unless a different taxonomic source is indicated immediately following the scientific name.

Subchapter B. CLASSIFIED PLANTS

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§ 45.11. Pennsylvania Extirpated.

 Plant species classified as Pennsylvania Extirpated are as follows:

 Plant species classified as Pennsylvania Endangered are as follows:

 Plant species classified as Pennsylvania Threatened are as follows:

 Plant species classified as Pennsylvania Rare are as follows:

 Plant species classified as Pennsylvania Vulnerable are as follows:

§ 45.16. [Reserved].

 As of January 1, 1988, no plant species have been listed solely within the classification of Special Concern Population.

 Plant species classified as Tentatively Undetermined are as follows:

   The provisions of this §  45.21 adopted December 4, 1987, effective January 1, 1988, 17 Pa.B. 5027; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2816. Immediately preceding text appears at serial pages (123456) to (123460).

Subchapter C. UNLAWFUL CONDUCT

Sec.

§ 45.31. General restrictions regarding threatened or endangered species.

 (a)  A person, other than the landowner, a person having a bona fide property interest in the affected land or Bureau of Forestry personnel in the performance of their official duties, may not disturb, pick, take, possess, destroy, mutilate, remove, collect or transplant plants classified as Pennsylvania Endangered or Pennsylvania Threatened, except as otherwise provided in this chapter.

 (a)  A person, other than the landowner, a person having a bona fide interest in the affected land or Bureau of Forestry personnel in the performance of their official duties, may not disturb, pick, take or possess plants classified as Pennsylvania Vulnerable, except as otherwise provided in this chapter.

 Violation of this chapter is punishable as provided in the act and §  45.91 (relating to penalties).

Subchapter D. WILD PLANT MANAGEMENT PERMITS

Sec.

§ 45.41. General requirements for a permit.

 (a)  A person, other than the landowner, a person having a bona fide property interest in the affected land or Bureau of Forestry personnel in the performance of their official duties, may not remove, collect or transplant wild plants classified as Pennsylvania Endangered or Pennsylvania Threatened, unless the person has first applied for and obtained a wild plant management permit in writing from the Department.

 (a)  The Department may issue permits to remove, collect or transplant wild plants classified as Pennsylvania Endangered or Pennsylvania Threatened, for the following activities:

   (1)  To conduct botanical and taxonomic studies.

   (2)  To transplant Pennsylvania Endangered or Pennsylvania Threatened wild plants from land areas threatened by future land development, surface mining, agricultural encroachment or other activities into public or private wild plant sanctuaries, to help assure their perpetuation as members of ecosystems.

   (3)  To transplant Pennsylvania Endangered or Pennsylvania Threatened wild plants into designated public and private wild plant sanctuaries to enhance their numbers or to restore their natural range.

 (a)  An application for a wild plant management permit under this subchapter shall be submitted to the Department in writing, upon forms to be provided by the Department.

 (b)  An application for a permit shall be accompanied by information such as maps, plans, specifications and other data as the Department may require in order to determine compliance with the standards, requirements and purposes of this chapter.

 (c)  Information set forth in the application shall be current, presented clearly and concisely and supported by appropriate references to technical or other written material made available to the Department.

 (d)  An application for a wild plant management permit shall contain the following information:

   (1)  The name, address and phone number of the applicant.

   (2)  A description of the activity for which the permit is sought.

   (3)  The plant species to be affected by the activity.

   (4)  The geographic locations of the activity.

   (5)  A statement that landowner consent will be obtained prior to the permitted activity.

   (6)  Documentation of the applicant’s botanical knowledge, experience and credentials.

   (7)  Wild plant management permit history, including the identification numbers of previous wild plant management permits that have been issued to the applicant.

   (8)  Other information the Department may require.

 (e)  An application for a permit shall be signed and verified by the applicant with a statement that the information contained in the application is true and correct to the best of the applicant’s knowledge, information and belief.

 (a)  An application for a wild plant management permit shall be accompanied by a check for $5 payable to the ‘‘Commonwealth of Pennsylvania.’’

 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.

 (a)  The permittee shall carry the wild plant management permit during the removal, collection or transplanting of wild plants, and shall present the permit for inspection upon request by a person authorized to enforce the act.

 (b)  The permittee shall report the results of the activity to the Department. The reports shall include the following:

   (1)  The method of specimen identification or transplanting procedure.

   (2)  The results of the activity.

   (3)  The problems encountered with the activity.

   (4)  The wild plant management permit number.

   (5)  The record of all Pennsylvania Endangered and Pennsylvania Threatened plant species collected or observed including their identity, location and date of collection.

   (6)  The complete label information for all resulting herbarium specimens including the location where specimens have been deposited.

   (7)  The written permission of the landowner on forms provided by the Department.

 (c)  The permittee shall submit a report of the results of transplanting activity to the Department, by October 31 next following the calendar year in which the transplanting was effected.

 (d)  The permittee shall submit a report of removal and collection activities performed for taxonomic studies to the Department by the end of the calendar year for which the permit was issued.

 (a)  The Department may revoke a wild plant management permit for good cause. Good cause includes, but is not limited to, the following factors:

   (1)  Failure to comply with this chapter or the act.

   (2)  Failure to comply with a term or condition of the permit.

   (3)  Changes in the circumstances described in the application for the permit which indicate that the activity no longer is in the best interests of wild plant management.

 (b)  A person whose permit has been revoked for the reasons listed in subsection (a)(1) and (2) is not eligible to apply for, and may not obtain, another wild plant management permit for a period of 2 years from the date of revocation.

Subchapter E. VULNERABLE PLANTS

Sec.

§ 45.61. Commercial license requirements.

 (a)  An application for a license under this subchapter shall be submitted to the Department in writing, upon forms provided by the Department.

 (b)  An application for a commercial license shall be accompanied by information or data as the Department may require to determine compliance with the standards, requirements and purposes of the act and this chapter.

 (c)  Information set forth in the application shall be current and presented clearly and concisely.

 (d)  An application to obtain a commercial license shall contain the following information:

   (1)  The name, address and phone number of the applicant.

   (2)  The activity sought to be licensed.

   (3)  A brief and complete description of the applicant’s business as it relates to dealing in Pennsylvania Vulnerable plants.

   (4)  The address where books or records describing commercial transactions of Pennsylvania Vulnerable plants will be kept.

   (5)  The name, address and telephone number of the person authorized to make records or inventories of Pennsylvania Vulnerable plants available for examination by the Department.

   (6)  If the application is in the name of a business, the form of the business—for example, corporation, firm, partnership—and the name and address of each partner, officer, director and shareholder who owns 10% or more of the shares in the business.

   (7)  The common and scientific names of the Pennsylvania Vulnerable plant species for which a commercial license is sought.

   (8)  The commercial license history, including the identification numbers of previous commercial licenses that have been issued by the Department to the applicant.

   (9)  Other information the Department may require.

 (e)  An application shall be dated and signed by the applicant. Business applications shall be signed by a partner or officer, who shall set forth his title.

 An application for a commercial license will not be approved unless the application affirmatively demonstrates and the Department finds, in writing, the following:

   (1)  The application is accurate and complete and the requirements of the act and this chapter have been satisfied.

 (a)  An application for a commercial license will be accompanied by a check payable to the ‘‘Commonwealth of Pennsylvania’’ in the amount of $50.

 (a)  The holder of a commercial license issued under this subchapter shall maintain transaction records. The transaction records shall include the following information regarding Pennsylvania Vulnerable plant activities:

   (1)  The names and addresses of persons from whom the licensee purchased or otherwise acquired the Pennsylvania Vulnerable plants, and the dates of purchase or acquisition.

   (2)  The names and addresses of persons to whom Pennsylvania Vulnerable plants were deposited, traded, sold, transferred, bartered, exported or otherwise disposed of, and the dates upon which these activities occurred.

   (3)  The scientific and common names of the plants.

   (4)  The county of origin of the plants.

   (5)  A description of the form of the plants—for example, whole plant, root, seeds, green or dry.

   (6)  The year of harvest of the plants.

   (7)  The weight, destination and date of export for each shipment of the plants that are exported.

   (8)  A statement of whether the plants are wild or cultivated.

   (9)  The weight in pounds and ounces and estimated number of the plants per transaction. For the purposes of evaluating the number of ginseng plants per transaction, the estimated number of ginseng plants will be determined by taking a sample from each transaction of the number of ginseng roots in 1 pound.

   (10)  Other information the Department may require.

 (b)  The holder of a commercial license shall keep transaction records required to be maintained by this subchapter for 5 years after the occurrence of the transactions to which the records relate. The records shall be made available to the Department upon request.

 (c)  The holder of a commercial license to deal in ginseng shall submit a dealer quarterly report relating to transaction records, on forms provided by the Department within 15 days of the end of each quarter of the calendar year. This dealer report shall be submitted to the Department and shall contain the following information for the quarter:

   (1)  The date of the report.

   (2)  The quarter in which transactions occurred.

   (3)  The name, address and phone number of the licensee.

   (4)  The license number and date issued.

   (5)  The weight in pounds and ounces of wild ginseng purchased or otherwise acquired from harvesters, by county of harvest, and a statement of whether the roots were green or dried.

   (6)  The average price per pound paid for wild ginseng.

   (7)  The weight in pounds and ounces of cultivated ginseng purchased or otherwise acquired from growers, by county of harvest, and a statement of whether the roots were green or dried.

   (8)  The average price per pound for cultivated ginseng.

   (9)  The weight in pounds and ounces of ginseng purchased or otherwise acquired from other licensees, and a statement of whether the purchased or acquired ginseng was wild or cultivated and if roots were green or dried.

   (10)  The number of pounds and ounces of wild ginseng and of cultivated ginseng in the licensee’s possession on the reporting date.

   (11)  The weight in pounds and ounces of ginseng sold, traded or bartered, whether the ginseng was wild or cultivated and if roots were dried or green.

   (12)  The identification number of State certificates used to ship ginseng from this Commonwealth.

   (13)  Other information the Department may require.

 (d)  The holder of a commercial license to buy and sell ginseng shall submit an annual dealer report for the prior calendar year. The annual dealer report shall be completed on forms supplied by the Department and shall contain the information required in subsection (c) compiled for the previous calendar year. The report shall be submitted annually for the prior calendar year to the Department within 15 days of the beginning of the calendar year.

 (a)  The Department may revoke a commercial license it has issued, for good cause. Good cause includes, but is not limited to, the following factors:

   (1)  Failure to comply with this chapter or the act.

   (2)  Failure to comply with a term or condition of the license.

 (a)  A person may not harvest ginseng except in compliance with applicable law, this chapter and the following restrictions:

   (1)  A person may harvest ginseng plants only from August 1 through November 30.

   (2)  Only mature ginseng plants with at least three leaves of five leaflets each may be harvested and only when the seeds are red.

   (3)  Persons harvesting ginseng plants shall plant the seeds from the plants in the immediate vicinity of the collection site.

 (b)  A person may not possess harvested, green ginseng roots between April 1 and August 1 of a calendar year.

 (c)  A person may not harvest Pennsylvania Vulnerable plants other than ginseng except in compliance with applicable law, this chapter and the following restrictions:

   (1)  A person may harvest the plants only if they are mature and the current year’s seeds have matured.

   (2)  A person harvesting the plants shall plant the seeds from the plants in the immediate vicinity of the collection site.

   (3)  A person may not harvest the plants in a way that will harm the species’ ability to perpetuate itself successfully.

 (a)  A person may not export Pennsylvania ginseng from this Commonwealth without first obtaining a commercial license and a Pennsylvania ginseng certificate.

 (b)  A Pennsylvania ginseng certificate shall be required for each export shipment of Pennsylvania ginseng.

 (c)  To be certified, the state of origin for wild ginseng or cultivated ginseng shall be Pennsylvania.

 (d)  A Pennsylvania ginseng certificate will not be issued unless the licensee presents the shipment to the Department at a designated facility and presents the following information on a Pennsylvania ginseng certificate application form, available from the Department:

   (1)  The licensee’s name and commercial license number.

   (2)  The date of the application.

   (3)  The name and address of buyer and export destination.

   (4)  A statement of whether the ginseng is wild or cultivated.

   (5)  A statement of whether the ginseng is green or dry.

   (6)  The year of harvest of ginseng being certified.

   (7)  The state of origin.

   (8)  The weight in pounds and ounces written numerically and in full and verified by a weigh slip from a Commonwealth certified weigh station or scale.

   (9)  The shipment number.

   (10)  Other information the Department may require.

 (e)  The Pennsylvania ginseng certificate application shall be verified by the licensee with a statement that the information contained in the form is true and correct to the best of the licensee’s knowledge, information and belief, and that the ginseng was legally taken under this chapter and applicable law.

 (a)  A licensee who has ginseng unsold on March 31 of the year after harvest is required to obtain a weigh slip for the unsold ginseng from a Commonwealth certified weigh station or scale and submit a copy of that slip to the Department by May 1.

 (b)  A licensee may not obtain a Pennsylvania ginseng certificate to export unsold ginseng in the licensee’s possession in excess of the amount shown on the weigh slip.

Subchapter F. PRIVATE WILD PLANT SANCTUARIES

Sec.

§ 45.81. Establishment.

 (a)  An application for private wild plant sanctuary designation shall be concurred in by all parties with an interest in the land and submitted to the Department by the landowner on forms provided by the Department. The forms shall contain a space for the signatures of all parties with an interest in the land, indicating their approval for private wild plant sanctuary designation.

 (b)  An application for private wild plant sanctuary designation shall contain the following information:

   (1)  The name, address and phone number of applicant.

   (2)  The location of the area to be designated, including a copy of a U.S.G.S. 7½ minute quadrangle or part thereof with the location plotted thereon.

   (3)  The size of the area.

   (4)  A description of the area including:

     (i)   Classified plant species existing on the site.

     (ii)   Habitat description.

   (5)  Other current and planned uses of the area.

   (6)  Other information the Department may require.

 A designation of private wild plant sanctuary will not be made unless the applicant demonstrates and the Department finds the following:

   (1)  The proposed private wild plant sanctuary will benefit and provide protection for native wild plants and their habitats.

   (2)  The area proposed for private wild plant sanctuary designation is relatively undisturbed.

 (a)  The landowner of a designated private wild plant sanctuary shall utilize the designated lands and waters in a manner consistent with the purposes of sanctuary designation.

 (b)  The landowner shall notify the Department, in writing, of the following:

   (1)  An intent to sell or transfer ownership of the land on which the designated private wild plant sanctuary is located.

   (2)  Threats to the designated private wild plant sanctuary or the classified native wild plants within.

   (3)  Significant habitat changes within the designated private wild plant sanctuary.

 The Department may revoke designation of a private wild plant sanctuary for good cause. Good cause includes, but is not limited to, the following factors:

   (1)  Degradation of the private wild plant sanctuary site.

   (2)  Failure to comply with a term or condition of the private wild plant sanctuary designation.

   (3)  Failure to comply with the act or this chapter.

 Private wild plant sanctuary designations are nontransferable.

Subchapter G. PENALTIES

Sec.

§ 45.91. Penalties.

 Penalties for unlawful conduct are established by the act as follows:

   (1)  A person who violates a provision of the act relating to commercial licensing, or regulations issued thereunder, shall be sentenced to pay a fine of not more than $200, or have the license revoked, or both.

   (2)  A person found to be illegally in possession of a wild plant species or part thereof protected by this chapter, or a person who willfully destroys or mutilates an endangered plant species protected by this chapter, shall be sentenced to pay a fine of up to $100 for each plant taken or destroyed.

   (3)  A person who violates other provisions of the act or this chapter shall, for violation, be sentenced to pay a fine of not more than $100.

   This section cited in 17 Pa. Code §  45.35 (relating to compliance with regulations).