Subchapter D. WILD PLANT MANAGEMENT PERMITS
Sec.
45.41. General requirements for a permit.
45.42. Permit activities.
45.43. Compliance with permit.
45.44. Permit application contents.
45.45. Permit fee; expiration of permit.
45.46. Criteria for approval of a wild plant management permit.
45.47. Conditions of permit.
45.48. Reporting of new information.
45.49. Transfer of permit prohibited.
45.50. Revocation.§ 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.
(b) It is lawful to continue to possess Pennsylvania Endangered and Pennsylvania Threatened plant species that the holder has verified to the Department as being collected prior to January 1, 1988.
§ 45.42. Permit activities.
(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.
(b) The holder of a valid wild plant management permit is permitted to disturb, pick, take and possess wild plants classified as Pennsylvania Endangered or Pennsylvania Threatened, if the activities are necessary to perform the activity for which the wild plant management permit is issued.
§ 45.43. Compliance with permit.
A holder of a wild plant management permit shall act in compliance with the terms and conditions of the permit, the requirements of the act and this chapter and other applicable State law.
§ 45.44. Permit application contents.
(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.
Source The provisions of this § 45.44 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 page (123463).
§ 45.45. Permit fee; expiration of permit.
(a) An application for a wild plant management permit shall be accompanied by a check for $5 payable to the ‘‘Commonwealth of Pennsylvania.’’
(b) A wild plant management permit remains valid for 1 year following the date of permit issuance.
§ 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.
§ 45.47. Conditions of permit.
(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.
Source The provisions of this § 45.47 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 (123464) to (123465).
§ 45.48. Reporting of new information.
The permittee shall notify the Department of changes in facts or information stated in the application. Based upon the notice, the Department may require a new permit or take other appropriate action.
§ 45.49. Transfer of permit prohibited.
A wild plant management permit is nontransferable.
§ 45.50. Revocation.
(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.
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