AN ACT

 

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.

3"Action." Any of the following activity:

4(1) Promulgation of regulations.

5(2) Designations or listing of species.

6(3) Enforcement of rules and regulations.

7"Acts." Any of the following:

8(1) The Endangered Species Act of 1973, (Public Law 93-
9205, 16 U.S.C. § 1531 et seq.);

10(2) The act of June 23, 1982 (P.L.597, No.170), known as
11the Wild Resource Conservation Act.

12(3) 30 Pa.C.S. (relating to fish).

13(4) 34 Pa.C.S. (relating to game).

14"Centralized database." The database of listed species and
15critical habitat maintained in accordance with this act.

16"Commonwealth agency." Any of the following:

17(1) The Department of Conservation and Natural Resources
18of the Commonwealth.

19(2) The Pennsylvania Fish and Boat Commission.

20(3) The Pennsylvania Game Commission.

21"Critical habitat." The specific areas within the geographic
22area occupied by a listed species designated in accordance with
23the Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C.
24§ 1531 et seq.).

25"Department." The Department of Conservation and Natural
26Resources of the Commonwealth.

27"Listed species." Species of fish, wildlife or plants
28designated under the acts as "endangered," "Pennsylvania
29endangered," "threatened" or "Pennsylvania threatened" and
30included in the centralized database.

1"Persons." The term includes:

2(1) Persons, including any natural person, partnership,
3association, corporation or other legal entity, including
4associated consultants, scientists and planners, involved in
5commercial activities involving potential land disturbances
6or other activity for which a permit is required by Federal
7or State law and which may impact listed species or their
8critical habitats, as defined by the Endangered Species Act
9of 1973 (Public Law 93-205, 16 U.S.C. § 1531 et seq.) or this
10act.

11(2) Persons with a bona fide interest involved in
12conservation planning or involved in resource management as
13determined by the Department of Conservation and Natural
14Resources.

15"Wild trout stream." A wilderness trout stream, a Class A
16wild trout stream or any other stream or stream segment
17designated by the Pennsylvania Fish and Boat Commission as a
18wild trout stream.

19Section 3. Coordination of designation.

20No Commonwealth agency may take action to designate or
21consider fish, wildlife or plants as threatened or endangered
22unless the fish, wildlife or plants are designated under the
23Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C. §
241531 et seq.) or pursuant to this act.

25Section 4. Designation process.

26(a) Applicable law.--Any action by a Commonwealth agency to
27designate fish, wildlife or plants as threatened or endangered
28or to designate a stream as a wild trout stream shall be subject
29to the requirements of the act of July 31, 1968 (P.L.769,
30No.240) referred to as the Commonwealth Documents Law, and the

1act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
2Review Act.

3(b) Detailed reasons and summary of data and methodology.--
4The Commonwealth agency shall provide detailed reasons and a
5summary of the acceptable data and methodology upon which the
6proposed designation is based, as well as the activities that
7may be affected by such designation, to the Independent
8Regulatory Review Commission and to the standing committees of
9the Senate and the House of Representatives with jurisdiction
10over the Commonwealth agency for purposes of this act.

11(c) Inclusion in centralized database.--Upon final
12promulgation of a regulation designating a fish, wildlife or
13plant species as threatened or endangered, that species shall be
14included in the centralized database.

15(d) Removal.--Any species designated as threatened or
16endangered pursuant to 30 Pa.C.S. (relating to fish) or 34
17Pa.C.S. (relating to game) prior to the effective date of this
18section shall be removed from the centralized database after a
19period of two years unless the Commonwealth agency redesignates
20the species as threatened or endangered in accordance with the
21provisions of this act.

22Section 5. Designation determination and data.

23(a) General rule.--All Commonwealth agency actions to
24designate fish, wildlife or plants as Pennsylvania threatened or
25Pennsylvania endangered species shall be promulgated as
26regulations in accordance with this act, solely on the basis of
27acceptable data.

28(b) Conditions for designation.--

29(1) Any designation of a Pennsylvania endangered species
30shall be made only when the species is in danger of

1extinction throughout all or a significant portion of its
2range.

3(2) Any designation of a Pennsylvania threatened species
4shall be made only when the species is likely to become a
5Pennsylvania endangered species throughout all or a
6significant portion of its range within the foreseeable
7future.

8(c) Wild trout streams.--Any Commonwealth agency action to
9designate a stream or stream segment as a wild trout stream
10shall be promulgated as a regulation based solely on acceptable
11data. The designation of a stream or stream segment as a wild
12trout stream shall not be effective until the regulation is
13promulgated as final.

14Section 6. Permits and approvals.

15When reviewing applications for permits, approvals or other
16authorizations or taking actions, State and local government
17agencies shall consider impacts only to listed species and their
18critical habitats included in the centralized database. Permits,
19approvals, authorizations or regulations shall not require
20persons to conduct field surveys or other activities to
21determine or evaluate the presence of species or their habitats,
22unless acceptable data exist indicating the presence of a listed
23species in the area.

24Section 7. Centralized database.

25The department shall develop, maintain and manage the
26operation of the centralized database. Each Commonwealth agency
27shall provide the department with all information identified in
28section 8.

29Section 8. Access to data.

30(a) General rule.--The department shall provide persons

1access to data regarding the location of listed species or other
2designated species, including:

3(1) Geographic Information System spatial data
4identifying specific areas in which each listed species or
5other designated species is known to be present.

6(2) Geographic Information System spatial data
7identifying critical habitat areas where listed species occur
8or sensitive habitat of other designated species.

9(3) Geographic Information System spatial data
10identifying buffer areas for listed species or other
11designated species, along with a description of the
12acceptable data, rationale and methodology used by a
13Commonwealth agency to establish the extent of the buffer
14areas.

15(4) The names of all political subdivisions within which
16the listed or other designated species, their habitats and
17buffer areas are located.

18(b) List of potential avoidance and mitigation measures.--
19The department shall also provide persons a list of potential
20avoidance and mitigation measures, seasonal considerations or
21other best practices associated with each of the listed species
22or other designated species and habitats.

23(c) Public dissemination.--

24(1) Notwithstanding any provision of law to the
25contrary, the department shall provide the information
26described in subsection (a), including records identifying
27the location of endangered or threatened plant or animal
28species not already known to the general public, to persons
29who request it.

30(2) Persons receiving the information may only disclose

1the information to other persons with prior written
2authorization from the department.

3(d) Use of information.--Information obtained under
4subsection (a) shall be used solely for:

5(1) conservation, development planning, natural
6resources management;

7(2) compliance with statutory and regulatory
8requirements for the protection of listed species applicable
9to permits, approvals or other authorizations; or

10(3) voluntary measures to mitigate impacts to other than
11listed species.

12(e) Civil penalty.--Any person intentionally violating the
13provisions of subsection (c) or (d) is subject to a civil
14penalty of not less than $250 nor more than $5,000.

15Section 9. Repeal.

16All acts and parts of acts are repealed insofar as they are
17inconsistent with this act.

18Section 10. Effective date.

19This act shall take effect in 90 days.