1Providing a process for the designation of certain species.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Endangered
6Species Coordination Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Acceptable data." <-Current, best available scientific and 
12commercial, empirical data as evidenced in supporting 
13documentation, statistics, reports, studies or research. As it
 

1pertains to wild trout stream designation, such data that is 
2replicable and testable. <-Empirical, replicable and testable data 
3as evidenced in supporting documentation, statistics, reports, 
4studies or research.

5"Action." Any of the following activity:

6(1) Promulgation of regulations.

7(2) Designations <-or listing of species.

8(3) Enforcement of rules and regulations.

9"Acts." Any of the following:

10(1) The Endangered Species Act of 1973, (Public Law 93-
11205, 16 U.S.C. § 1531 et seq.);.<-

12(2) The act of June 23, 1982 (P.L.597, No.170), known as
13the Wild Resource Conservation Act.

14(3) 30 Pa.C.S. (relating to fish).

15(4) 34 Pa.C.S. (relating to game).

<-16"Authorized person." The term includes:

17(1) Persons, including any natural person, partnership,
18association, corporation or other legal entity, including
19associated consultants, scientists and planners, involved in
20commercial activities involving potential land disturbances
21or other activity for which a permit is required by Federal
22or State law and which may impact listed species or their
23critical habitats, as defined by the Endangered Species Act
24of 1973 (Public Law 93-205, 16 U.S.C. § 1531 et seq.) or this
25act.

26(2) Persons with a bona fide interest involved in
27conservation planning or involved in resource management as
28determined by the Department of Conservation and Natural
29Resources.

30"Centralized database." <-The database of listed species and
 

1critical habitat maintained in accordance with this act. <-The 
2database of listed species and critical habitat maintained in 
3accordance with this act and other designated species or 
4information.

5"Commonwealth agency." Any of the following:

6(1) The Department of Conservation and Natural Resources
7of the Commonwealth.

8(2) The Pennsylvania Fish and Boat Commission.

9(3) The Pennsylvania Game Commission.

10"Critical habitat." The specific areas within the geographic
11area occupied by a listed species designated in accordance with
12the Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C.
13§ 1531 et seq.).

14"Department." The Department of Conservation and Natural
15Resources of the Commonwealth.

16"Listed species." Species of fish, wildlife or plants
17designated under the acts as "endangered," "Pennsylvania
18endangered," "threatened" or "Pennsylvania threatened" and
19included in the centralized database.

<-20"Persons." The term includes:

21(1) Persons, including any natural person, partnership,
22association, corporation or other legal entity, including
23associated consultants, scientists and planners, involved in
24commercial activities involving potential land disturbances
25or other activity for which a permit is required by Federal
26or State law and which may impact listed species or their
27critical habitats, as defined by the Endangered Species Act
28of 1973 (Public Law 93-205, 16 U.S.C. § 1531 et seq.) or this
29act.

30(2) Persons with a bona fide interest involved in

1conservation planning or involved in resource management as
2determined by the Department of Conservation and Natural
3Resources.

4"Wild trout stream." A wilderness trout stream, a Class A
5wild trout stream or any other stream or stream segment
6designated by the Pennsylvania Fish and Boat Commission as a
7wild trout stream.

8Section 3. Coordination of designation.

9No Commonwealth agency may take action to designate or
10consider fish, wildlife or plants as threatened or endangered
11unless the fish, wildlife or plants are designated under the
12Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C. §
131531 et seq.) or pursuant to this act.

14Section 4. Designation process.

15(a) Applicable law.--Any action by a Commonwealth agency to
16designate fish, wildlife or plants as threatened or endangered
17or to designate a stream as a wild trout stream shall be subject
18to the requirements of the act of July 31, 1968 (P.L.769,
19No.240) referred to as the Commonwealth Documents Law, and the
20act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
21Review Act. <-Nothing under this subsection shall be construed to 
22require the Pennsylvania Fish and Boat Commission or the 
23Pennsylvania Game Commission to comply with the Regulatory 
24Review Act with respect to any rules or regulations other than 
25those relating to threatened or endangered species or 
26designation of wild trout streams.

27(b) Detailed reasons and summary of data and methodology.--
28The Commonwealth agency shall provide detailed reasons and a
29summary of the acceptable data and methodology upon which the
30proposed designation is based, as well as the activities that

1may be affected by such designation, to the Independent
2Regulatory Review Commission and to the standing committees of
3the Senate and the House of Representatives with jurisdiction
4over the Commonwealth agency for purposes of this act.

5(c) Inclusion in centralized database.--Upon final
6promulgation of a regulation designating a fish, wildlife or
7plant species as threatened or endangered, that species shall be
8included in the centralized database.

<-9(d) Removal.--Any species designated as threatened or
10endangered pursuant to 30 Pa.C.S. (relating to fish) or 34
11Pa.C.S. (relating to game) prior to the effective date of this
12section shall be removed from the centralized database after a
13period of two years unless the Commonwealth agency redesignates
14the species as threatened or endangered in accordance with the
15provisions of this act.

16Section 5. Designation determination and data.

17(a) General rule.--All Commonwealth agency actions to
18designate fish, wildlife or plants as Pennsylvania threatened or
19Pennsylvania endangered species shall be promulgated as
20regulations in accordance with this act, solely on the basis of
21acceptable data.

22(b) Conditions for designation.--

23(1) Any designation of a Pennsylvania endangered species
24shall be made only when the species is in danger of
25extinction throughout all or a significant portion of its
26range <-within this Commonwealth.

27(2) Any designation of a Pennsylvania threatened species
28shall be made only when the species is likely to become a
29Pennsylvania endangered species <-throughout all or a 
30significant portion of its range within the foreseeable

1future.

2(c) Wild trout streams.--Any Commonwealth agency action to
3designate a stream or stream segment as a wild trout stream
4shall be promulgated as a regulation based solely on acceptable
5data. The designation of a stream or stream segment as a wild
6trout stream shall not be effective until the regulation is
7promulgated as final.

8Section 6. Permits and approvals.

<-9When Notwithstanding any other provision of law, if reviewing
10applications for permits, approvals or other authorizations or
11taking actions, <-other than designating species, State and local
12government agencies shall consider impacts only to listed
13species and their critical habitats included in the centralized
14database.<- Permits, approvals, authorizations or regulations 
15shall not require persons to conduct field surveys or other 
16activities to determine or evaluate the presence of species or 
17their habitats, unless acceptable data exist indicating the 
18presence of a listed species in the area. <-If field surveys or 
19other activities to determine or evaluate the presence of listed 
20species or listed species' habitats are conducted, the 
21Commonwealth agency with jurisdictional authority for protection 
22of the species shall, within 30 days of receiving survey 
23results, provide either clearance for the project, or detailed 
24avoidance measures, detailed minimization measures or detailed 
25mitigation measures to the applicant. A requirement of an 
26applicant to perform a survey must be based on acceptable data 
27indicating the likely presence of listed species in the area 
28affected by the project.

29Section 7. Centralized database.

30The department shall develop, maintain and manage the

1operation of the centralized database. Each Commonwealth agency
2shall provide the department with all information identified in
3section 8.

4Section 8. Access to data.

5(a) General rule.--The department shall provide <-authorized 
6persons access to data regarding the location of listed species
7or other designated species, including:

8(1) Geographic Information System spatial data
9identifying specific areas in which each listed species or
10other designated species is known to be present.

11(2) Geographic Information System spatial data
12identifying critical habitat areas where listed species occur
13or sensitive habitat of other designated species.

14(3) Geographic Information System spatial data
15identifying buffer areas for listed species or other
16designated species, along with a description of the
17acceptable data, rationale and methodology used by a
18Commonwealth agency to establish the extent of the buffer
19areas.

20(4) The names of all political subdivisions within which
21the listed or other designated species, their habitats and
22buffer areas are located.

23(b) List of potential avoidance and mitigation measures.--
24The department shall also provide <-authorized persons a list of
25potential avoidance and mitigation measures, seasonal
26considerations or other best practices associated with each of
27the listed species or other designated species and habitats.

<-28(c) Public dissemination.--

29(1) Notwithstanding any provision of law to the

<-30(c) Public dissemination.--Notwithstanding any provision of
 

1law to the contrary, the department shall provide the
2information described in subsection (a), including records
3identifying the location of endangered or threatened plant or
4animal species not already known to the general public, to 
<-5authorized persons who request it.

<-6(2) Persons receiving the information may only disclose
7the information to other persons with prior written
8authorization from the department.

9(d) Use of information.--Information obtained under
10subsection (a) shall be used solely for:

11(1) conservation, development planning, natural
12resources management;

13(2) compliance with statutory and regulatory
14requirements for the protection of listed species applicable
15to permits, approvals or other authorizations; or

16(3) voluntary measures to mitigate impacts to other than
17listed species.

<-18(e) Civil penalty.--Any person intentionally violating the
19provisions of subsection (c) or (d) is subject to a civil
20penalty of not less than $250 nor more than $5,000.

21Section 9. Repeal.

22All acts and parts of acts are repealed insofar as they are
23inconsistent with this act.

<-24(e) Civil penalty.--The department may impose a civil
25penalty of not less than $1,000 nor more than $10,000 on any
26person who intentionally violates the provisions of subsection
27(c) or (d).

28Section 9. Use of funds.

29A Commonwealth agency that receives funds under the Pittman-
30Robertson Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. 669
 

1et seq.) or the Dingell-Johnson Sport Fish Restoration Act (64 
2Stat. 681, 16 U.S.C. 777 et seq.), is prohibited from 
3transferring to another State agency revenues generated through 
4the sale of hunting or fishing licenses for the administration 
5of this act.

6Section <-10 20. Effective date.

7This act shall take effect in 90 days.