THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, SCARNATI, FOLMER, RAFFERTY, GORDNER, M. WHITE AND PIPPY, FEBRUARY 17, 2009

REFERRED TO GAME AND FISHERIES, FEBRUARY 17, 2009  

AN ACT

Amending Title 30 (Fish) of the Pennsylvania Consolidated

Statutes, further providing for regulations and for

threatened and endangered species.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "endangered species" and

"threatened species" in section 102 of Title 30 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Endangered species."  All species and subspecies of fish

which[:

(1)]  have been declared by the Secretary of the United

States Department of the Interior to be threatened with

extinction and appear on the Endangered Species List or the

Native Endangered Species List published in the Federal

Register[; or

(2)  have been declared by the executive director to be

threatened with extinction and appear on the Pennsylvania

Endangered Species List published in the Pennsylvania

Bulletin].

* * *

"Threatened species."  All species and subspecies of fish

which[:

(1)]  have been declared by the Secretary of the United

States Department of the Interior to be in such small numbers

throughout their range that they may become endangered if

their environment worsens and appear on a Threatened Species

List published in the Federal Register[; or

(2)  have been declared by the executive director to be

in such small numbers throughout their range that they may

become endangered if their environment worsens and appear on

the Pennsylvania Threatened Species List published in the

Pennsylvania Bulletin].

* * *

Section 2.  Sections 322 and 2305(a) of Title 30 are amended

to read:

§ 322.  Rules and regulations.

(a)  Authority.--The commission may promulgate rules and

regulations concerning:

(1)  Fishing to aid in the better protection,

preservation and management of fish.

(2)  Boating and the management and operation of boats.

(b)  Procedure.--

(1)  Proposed rulemaking, soliciting public comment and

announcing a public hearing, must be published in the

Pennsylvania Bulletin.

(2)  A hearing must be held.

(3)  The final promulgation may not take effect until at

least 30 days after publication of the proposed rulemaking.

§ 2305.  Threatened and endangered species.

(a)  [Establishment and publication of lists.--The executive

director shall establish a Pennsylvania Threatened Species List

and a Pennsylvania Endangered Species List. The lists, and any

revisions thereto, shall be published in the Pennsylvania

Bulletin] (Reserved).

* * *

Section 3.  This act shall take effect in 60 days.