PRINTER'S NO. 1327
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SCARNATI, WAUGH, GORDNER, ERICKSON, HUTCHINSON, WHITE, RAFFERTY, MENSCH, BRUBAKER, KASUNIC, FONTANA, BREWSTER, TARTAGLIONE, YUDICHAK AND HUGHES, JULY 3, 2013
REFERRED TO GAME AND FISHERIES, JULY 3, 2013
1Providing a process for the designation of certain species.
4Section 1. Short title.
7Section 2. Definitions.
11"Acceptable data." Current, best available scientific and
12commercial, empirical data as evidenced in supporting
13documentation, statistics, reports, studies or research. As it
14pertains to wild trout stream designation, such data that is
15replicable and testable.
16"Action." Any of the following activity:
17(1) Promulgation of regulations.
1(2) Designations or listing of species.
2(3) Enforcement of rules and regulations.
3"Acts." Any of the following:
8(3) 30 Pa.C.S. (relating to fish).
9(4) 34 Pa.C.S. (relating to game).
12"Commonwealth agency." Any of the following:
15(2) The Pennsylvania Fish and Boat Commission.
16(3) The Pennsylvania Game Commission.
17"Critical habitat." The specific areas within the geographic
18area occupied by a listed species designated in accordance with
19the Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C.
20§ 1531 et seq.).
23"Listed species." Species of fish, wildlife or plants
24designated under the acts as "endangered," "Pennsylvania
25endangered," "threatened" or "Pennsylvania threatened" and
26included in the centralized database.
27"Person." The term includes:
1activities involving potential land disturbances or other
2activity for which a permit is required by Federal or State
3law and which may impact listed species or their critical
4habitats, as defined by the Endangered Species Act of 1973
5(Public Law 93-205, 16 U.S.C. § 1531 et seq.) or this act.
14Section 3. Coordination of designation.
15No Commonwealth agency may take action to designate or
16consider fish, wildlife or plants as threatened or endangered
17unless the fish, wildlife or plants are designated under the
18Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C. §
191531 et seq.) or pursuant to this act.
20Section 4. Designation process.
21(a) Applicable law.--Any action by a Commonwealth agency to
22designate fish, wildlife or plants as threatened or endangered
23or to designate a stream as a wild trout stream shall be subject
24to the requirements of the act of July 31, 1968 (P.L.769,
25No.240) referred to as the Commonwealth Documents Law, and the
26act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
1proposed designation is based, as well as the activities that
2may be affected by such designation, to the Independent
3Regulatory Review Commission and to the standing committees of
4the Senate and the House of Representatives with jurisdiction
5over the Commonwealth agency for purposes of this act.
6(c) Inclusion in centralized database.--Upon final
7promulgation of a regulation designating a fish, wildlife or
8plant species as threatened or endangered, that species shall be
9included in the centralized database.
10(d) Removal.--Any species designated as threatened or
11endangered pursuant to 30 Pa.C.S. (relating to fish) or 34
12Pa.C.S. (relating to game) prior to the effective date of this
13section shall be removed from the centralized database after a
14period of two years unless the Commonwealth agency redesignates
15the species as threatened or endangered in accordance with the
16provisions of this act.
17Section 5. Designation determination and data.
18(a) General rule.--All Commonwealth agency actions to
19designate fish, wildlife or plants as Pennsylvania threatened or
20Pennsylvania endangered species shall be promulgated as
21regulations in accordance with this act, solely on the basis of
23(b) Conditions for designation.--
3(c) Wild trout streams.--Any Commonwealth agency action to
4designate a stream or stream segment as a wild trout stream
5shall be promulgated as a regulation based solely on acceptable
6data. The designation of a stream or stream segment as a wild
7trout stream shall not be effective until the regulation is
8promulgated as final.
9Section 6. Permits and approvals.
10When reviewing applications for permits, approvals or other
11authorizations or taking actions, State and local government
12agencies shall consider impacts only to listed species and their
13critical habitats included in the centralized database. Permits,
14approvals, authorizations or regulations shall not require
15persons to conduct field surveys or other activities to
16determine or evaluate the presence of species or their habitats,
17unless acceptable data exist indicating the presence of a listed
18species in the area.
19Section 7. Centralized database.
24Section 8. Access to data.
4(3) Geographic Information System spatial data
5identifying buffer areas for listed species or other
6designated species, along with a description of the
7acceptable data, rationale and methodology used by a
8Commonwealth agency to establish the extent of the buffer
13(b) List of potential avoidance and mitigation measures.--
14The department shall also provide persons a list of potential
15avoidance and mitigation measures, seasonal considerations or
16other best practices associated with each of the listed species
17or other designated species and habitats.
18(c) Public dissemination.--
19(1) Notwithstanding any provision of law to the
20contrary, the department shall provide the information
21described in subsection (a), including records identifying
22the location of endangered or threatened plant or animal
23species not already known to the general public, to persons
24who request it.
30(1) conservation, development planning, natural
10Section 9. Repeal.
13Section 10. Effective date.
14This act shall take effect in 90 days.