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. (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:

   1. (i) Has no demonstrable adverse impacts on the population of the species in this Commonwealth.
   2. (ii) Is in the best interest of the protection, conservation and management of the species.
   3. (iii) Is necessary and appropriate in the interests of public health and safety or promotes essential research or public education and information.
2. (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, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823.

Authority

The provisions of this § 75.4 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under the Fish and Boat Code, 30 Pa.C.S.; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

Source

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; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial pages (382894) and (368703).

Cross References

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