PRINTER'S NO. 2437
No. 1947 Session of 1979
INTRODUCED BY LETTERMAN, BITTLE, W. W. FOSTER, B. D. CLARK,
YAHNER, C. GEORGE, FEE, GRIECO, CIMINI, PETERSON, HASAY AND
CUNNINGHAM, NOVEMBER 14, 1979
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 14, 1979
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," establishing a procedure
21 for the protection of wild plant species, imposing powers and
22 duties on the Department of Environmental Resources,
23 providing for a permit system and imposing penalties.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
27 as "The Administrative Code of 1929," is amended by adding a
28 section to read:
1 Section 1928-A. Wild Plants.--(a) The Department of
2 Environmental Resources shall, with cooperation from permitted
3 wild plant conservationists, taxonomists, biologists, botanists
4 and other interested persons conduct investigations on wild
5 plants in order to ascertain information relating to population,
6 distribution, habitat needs, limiting factors and other
7 biological and ecological data to classify plants and to
8 determine management measures necessary for their continued
9 ability to sustain themselves successfully.
10 (b) The department shall establish a classification
11 procedure that should include but may not be limited to the
12 following categories:
13 (1) Extirpated. Species which once occurred in Pennsylvania,
14 but no longer are known to exist.
15 (2) Endangered. Species in danger of extinction throughout
16 all or most of its range if critical habitat is not maintained,
17 or it is greatly exploited by man.
18 (3) Threatened. Species likely to become endangered
19 throughout all or most of its range if critical habitat is not
20 maintained, or it is greatly exploited by man.
21 (4) Disjunct. Species which are significantly separated from
22 the main area of distribution.
23 (5) Endemic. Species confined to a specialized habitat and
24 with limited ranges.
25 (6) Restricted. Species with epidemic distribution but found
26 in specialized habitats or habitats infrequent in Pennsylvania.
27 (7) Limit of range. Species which are uncommon or rare in
28 Pennsylvania because they are at or near the peripheral of their
29 distribution. Within the main body of their distribution, these
30 species may or may not be common.
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1 (8) Vulnerable. Species which are in danger of loss because
2 of their beauty, economic value, use as cultivar or other
3 factors which make them prime targets for being removed from
4 native habitats.
5 (9) Undetermined. Species suggested as needing protection
6 because of their infrequent occurrence, but their status in
7 Pennsylvania is unclear.
8 (c) On the basis of such determinations, the Environmental
9 Quality Board shall issue regulations not later than two years
10 from the effective date of this act, after public notice, after
11 receiving data from permitted wild plant conservationists and
12 after holding public hearings. Such regulations so established
13 shall set limitations relating to taking, possession,
14 transportation, exportation, processing, sale or offer for sale,
15 or shipment as may be deemed necessary to manage wild plants.
16 The board may add or delete species as conditions change and may
17 modify regulations to reflect the changing environment. Except
18 as otherwise provided, it shall be unlawful for any person to
19 take, possess, transport, export, process, sell or offer for
20 sale or ship species deemed by the board to be in need of
21 management pursuant to this section.
22 (d) The department shall establish and promote a cooperative
23 Statewide system of private wild plant sanctuaries.
24 (1) Each landowner desiring "private wild plant sanctuary"
25 designation under this act shall make application to the
26 department on a form prepared and provided by the department.
27 (2) No portion of this section shall be construed to
28 restrict withdrawal of said designation at the request of the
29 landowner.
30 (3) The department may suspend or revoke any designation for
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1 violation of this act, the regulations thereunder or for other
2 good cause.
3 (4) No portion of this section shall be construed to
4 restrict entry into such sanctuaries for the purpose of hiking,
5 hunting, or any other beneficial nonmotorized outdoor activity.
6 (5) Except as provided in this section, it shall be unlawful
7 for any person exclusive of the landowner, to willfully
8 adversely alter or destroy the local ecosystem of such private
9 wild plant sanctuary.
10 (e) In carrying out the purposes of this act, the department
11 shall upon application issue permits authorizing the removal,
12 collection or transplanting of endangered or threatened plant
13 species pursuant to regulations established by the Environmental
14 Quality Board.
15 (1) Any person desiring a wild plant management permit as
16 herein provided, shall make application to the department on a
17 form provided by the department.
18 (2) It shall be lawful for a permitted wild plant
19 conservationist with the expressed permission of landowners, to
20 transplant wild plants into private and public plant sanctuaries
21 for the purpose of insuring their perpetuation as members of
22 ecosystems, to enhance their numbers or to restore their natural
23 range. All such transplants shall be in accordance with the
24 provisions of this act.
25 (3) Permitted wild plant conservationists should make every
26 effort possible to transplant valuable species from land areas
27 threatened by future land development, surface mining or
28 agricultural encroachment to public or private plant
29 sanctuaries.
30 (4) The department may also grant certain permitted wild
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1 plant conservationists for taxonomical and botanical purposes,
2 the right to collect threatened or endangered plants defined
3 herein subject to the rules and regulations pursuant to this
4 act, with the expressed permission of the landowner, long as
5 such collections would be deemed by the department to be
6 consistent with the intent of this act.
7 (5) The department may suspend or revoke any plant
8 management permit for violation of this act or regulations
9 thereunder, the terms or conditions of the permit or for other
10 good cause.
11 (6) Any person aggrieved by a decision of the department may
12 appeal such decisions to the Environmental Hearing Board
13 pursuant to Title 2 Pa.C.S (relating to administrative law and
14 procedure).
15 (f) To provide for the development of public wild plant
16 sanctuaries as provided in subsection (g) a special fund known
17 as the "Wild Plant Conservation Fund" shall be established and
18 administered by the department to fulfill the purposes of
19 subsection (g).
20 (1) All fines, permit fees and penalties collected under the
21 provisions of this act shall be paid into the special fund of
22 the treasury of the Commonwealth.
23 (2) The Legislature may, from time to time, appropriate
24 funds into the special fund for the purposes of this act.
25 (3) The department shall provide each person or organization
26 making a contribution of five dollars ($5) or more to the fund
27 herein provided for, a suitably prepared certificate, decal,
28 medallion or other object of public appreciation signifying the
29 interest of such person or organization in the conservation and
30 enhancement of native wild plant species. The Citizens Advisory
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1 Committee shall approve the form, nature and content of any
2 certificate, decal, medallion or other object proposed for use
3 by the department pursuant to this section.
4 (g) The department may, when deemed necessary to protect
5 wild plant species afforded consideration under this act,
6 acquire natural areas of land or acquatic habitat, or designate
7 such areas on land previously acquired, for the establishment of
8 public wild plant sanctuaries.
9 (1) The department may, when deemed necessary to protect a
10 rare or endangered species, acquire natural areas of land or
11 aquatic habitat.
12 (2) The secretary shall utilize all existing authority
13 vested in the department to carry out the purposes of this
14 section.
15 (3) The department may allow, under such terms and
16 conditions as may be prescribed by regulation, individual or
17 group licensed wild plant conservationist to manage designated
18 areas for the purpose of promoting wild plants.
19 (4) Such areas established under this section shall be
20 utilized whenever feasible, for scientific or educational
21 purposes.
22 (h) In implementing the provisions of this act, the
23 department shall cooperate to the maximum extent practicable
24 with the Federal Government and particularly with the
25 administration of the "Endangered Species Act of 1973," 87 Stat.
26 884. The department may enter into cooperative agreements with
27 the appropriate Federal agency and may utilize Federal funds for
28 the purpose of establishing and maintaining a consistent,
29 adequate and active program for the conservation of wild plant
30 species.
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1 (i) Species classified as vulnerable to commercial
2 exportation shall be subject to the following additional
3 restrictions:
4 (1) The department upon designation of vulnerable species
5 may establish additional regulations over the digging,
6 harvesting, sale and exploitation of said species.
7 (2) The regulations shall:
8 (i) consider the distribution, abundance, economic value,
9 growing and reproduction cycle;
10 (ii) establish seasons for the digging and harvesting of
11 plants or plant parts; and
12 (iii) provide for the commercial licensing of persons who
13 buy and sell vulnerable plants within the Commonwealth or export
14 the plants therefrom and to require the licensees to maintain
15 records of their transactions.
16 (3) Upon recommendation by the department, the Environmental
17 Quality Board shall establish the license fee.
18 (j) Except as otherwise provided it shall be unlawful for
19 any person, exclusive of land owner to disturb, pick, take,
20 possess, transport, export or sell vulnerable, threatened or
21 endangered wild plants. It shall be unlawful for any person to
22 disturb, pick or take wild plants from State parks and forest
23 lands except as provided by rules and regulations.
24 (k) In order to aid the department in the enforcement of
25 this act, the following penalties shall apply:
26 (1) Any person who violates the provisions of this act or
27 any regulation issued thereto or whoever fails to procure a
28 license shall be sentenced to pay a fine of not more than two
29 hundred dollars ($200).
30 (2) Any person who violates the terms of the license issued
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1 under this act shall be sentenced to pay a fine of not more than
2 one hundred dollars ($100) or to have his license revoked, or
3 both.
4 (3) Any person who violates the terms of the plant
5 management permit shall, for each violation, be sentenced to pay
6 a fine of not more than one hundred dollars ($100) or to have
7 his permit revoked, or both.
8 (4) Any person found to be illegally in possession of any
9 wild plant species or part thereof protected hereunder, or any
10 person who willfully destroys or mutilates an endangered plant
11 species protected hereunder shall be sentenced to pay a fine of
12 up to one hundred dollars ($100) for each plant taken or
13 destroyed.
14 (5) Any enforcement officer employed or designated by the
15 department or any police officer of the Commonwealth or any
16 municipality within the Commonwealth shall have authority to
17 enforce the provisions of this section.
18 (l) Any person aggrieved by any order or other action of the
19 department shall have the right of appeal to the Environmental
20 Hearing Board, in accordance with Title 2 Pa.C.S. (relating to
21 administrative law and procedure) and such further right of
22 appeal as is provided by law in such cases.
23 Section 2. All acts or parts of acts inconsistent with the
24 policy and provisions of this act are repealed to that extent of
25 that inconsistency.
26 Section 3. This act shall take effect immediately.
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