§ 75.4. Special permits.

 The Executive Director, or a designee, may issue special permits under section 2305 of the code (relating to threatened and endangered species) to take, catch, kill or possess threatened or endangered species upon written application on forms provided by the Commission.

   (1)  Special permits will be issued only upon a showing of unique or extraordinary circumstances justifying the permit and the applicant shows that the permitted action does one of the following:

     (i)   Has no demonstrable adverse impacts on the population of the species in this Commonwealth.

     (ii)   Is in the best interest of the protection, conservation and management of the species.

     (iii)   Is necessary and appropriate in the interests of public health and safety or promotes essential research or public education and information.

   (2)  Persons and institutions requesting special permits shall apply before taking, catching, killing, possessing or acquiring the threatened or endangered species. Application forms and information are available from the Natural Diversity Section, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616.

   The provisions of this §  75.4 issued under section 2102 of the Fish and Boat Code (30 Pa.C.S. §  2102).

   The provisions of this §  75.4 adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1860. Immediately preceding text appears at serial page (342304).