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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter H. PERMITS FOR FISH COLLECTING ACTIVITIES


Sec.


51.71.    Scientific collectors’ permits.

Authority

   The provisions of this Subchapter H issued under 30 Pa.C.S. § §  322, 2102 and 2307, unless otherwise noted.

Source

   The provisions of this Subchapter H adopted November 8, 1985, effective January 1, 1986, 15 Pa.B. 4036, unless otherwise noted.

§ 51.71. Scientific collectors’ permits.

 (a)  A valid and current scientific collector’s permit issued by the Commission is required to collect, take or maintain, for scientific or educational research purposes, any species of Pennsylvania fishes, amphibians, reptiles or aquatic organisms, during seasons not permitted by regulations governing holders of a valid Pennsylvania fishing license, venomous snake permit, organized reptile and amphibian hunt permit, or other license or permit.

 (b)  The Commission will issue three categories of scientific collectors’ permits: nonprofit research and education, governmental and consulting.

   (1)  Type I Permit: Nonprofit Research and Education. The Commission will issue a Type I (Nonprofit Research and Education) permit to individuals whom the Commission deems to be qualified to competently and capably conduct research or educational programs and who are not engaged in scientific collecting for monetary gain.

     (i)   Qualifications. To qualify for a Type I permit, applicants shall demonstrate to the satisfaction of the Commission that they meet one or more of the following conditions:

       (A)   They possess a Bachelor’s Degree, are pursuing studies toward an advanced degree and have a demonstrable need to collect fishes, reptiles, amphibians or aquatic invertebrates to complete the degree.

       (B)   They possess an advanced academic degree and are conducting biological research that requires field specimens.

       (C)   They are associated with or employed by a museum or an accredited institution of higher learning and are academically or professionally, or both, qualified to conduct biological research or have a valid need for collection of specimens for science or education.

       (D)   They have gained, through association with a museum, zoological institution or personal endeavor, recognized expertise in some area of herpetology, fisheries science, limnology, aquatic entomology or related sciences.

     (ii)   Geographic area covered. A Type I permit will be generally limited to a specific geographic area (that is, county or specific water area), except that the Commission may issue a Statewide collector’s permit to persons serving as members of an advisory board or advisory committee to the Commission or, in exceptional cases, to persons conducting critical research that the Commission recognizes as justification for Statewide collecting.

     (iii)   Fees. The fee for a Type I permit holder is $40. Each assistant is free. Permit amendments are $20 each.

   (2)  Type II Permit: Governmental. A Type II (Governmental) permit is a free permit that the Commission issues, at the discretion of the Executive Director, to State and Federal employees who are engaged in scientific collecting as a part of their required duties. A Type II permit may be Statewide or regional depending upon the application.

   (3)  Type III Permit: Consulting. The Commission will issue a Type III (Consulting) permit to individuals whom the Commission deems to be qualified to engage in scientific collecting and who are engaged in private consulting for profit. The Commission will issue a Type III permit to qualified individuals only and will not issue one in the name of a corporation or other business entity.

     (i)   Qualifications. To qualify for a Type III permit, applicants shall demonstrate to the satisfaction of the Commission that they possess at a minimum a Bachelor’s Degree in biological science, zoology, fisheries science, herpetology or a related field that is specific to the purpose of the scientific collecting described in their application. The Commission will consider professional experience, certification by a professional society or recommendations by acknowledged authorities in the appropriate field of biological science when evaluating an applicant’s qualifications.

     (ii)   Geographic area covered. A Type III permit will be limited to specific site as described in the conditions of the permit. A holder may change the area of coverage to accommodate new projects by applying to the Commission for a permit amendment.

     (iii)   Fees. The fee for a Type III permit holder is $180. Each assistant is $40. Permit amendments are $90 each.

 (c)  Holders of scientific collectors’ permits and their assistants shall comply with terms and conditions of the permit, including the requirement for a report of collecting activities. Permit holders and their assistants shall possess a valid Pennsylvania fishing license. Permit holders shall be personally present any time collecting activities under the permit take place. Permits will cover the permit holder and the assistants named in the permit.

Authority

   The provisions of this §  51.71 amended under the Fish and Boat Code, 30 Pa.C.S. §  2905.

Source

   The provisions of this §  51.71 amended November 30, 2007, effective January 1, 2008, 37 Pa.B. 6264; amended December 14, 2018, effective January 1, 2019, 48 Pa.B. 7637. Immediately preceding text appears at serial pages (331460) and (390781) to (390782).

Cross References

   This section cited in 58 Pa. Code §  75.5 (relating to qualified surveyors for endangered and threatened species and their habitat).



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