58 Pa. Code § 79.7 - Organized reptile and amphibian hunt permits
(a)
Application. The
Commission finds, under section 2904 of the code (relating to permits for
protection and management of particular fish), that it is necessary for the
proper protection and management of reptiles and amphibians in this
Commonwealth that organized reptile and amphibian hunts be conducted under
permits issued under this section. The sponsor of an organized reptile and
amphibian hunt shall apply for a permit by no earlier than January 1 and no
later than March 1 of the year for which the hunt is proposed. Application for
a permit must be made on a form prescribed by the Commission and must be
accompanied by the appropriate fee. Permits may be obtained by applying to the
Natural Diversity Section Chief, Division of Environmental Services, 595 East
Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. The fee for the permit is
$120. The denial of a permit under this section is appealable in a manner
provided by Chapter 51, Subchapter E (relating to permit procedures).
(b)
Permit issuance.
(1) The Executive Director will issue permits
to applicants who demonstrate that they are responsible and qualified to
conduct an organized reptile and amphibian hunt. In determining the
qualifications of an applicant, the Executive Director, or a designee, may
consider factors as deemed appropriate, including, but not limited to, the
experience of the applicant in conducting the events, the responsiveness of the
applicant to reporting requirements, the safety record of the applicant, the
ability of the applicant to conduct educational programs, the context of the
event and competing applications.
(2) The Executive Director may limit the
number of organized reptile and amphibian hunt permits to be issued for a
particular vicinity and time proximity. In general, permits will be issued to
qualified applicants no earlier than March 15 of the year in which the
application is submitted. If the Commission is aware of events scheduled in the
vicinity of one another within 4 weeks, and the Executive Director determines
that all events cannot be permitted consistent with resource management and
protection, the Executive Director may designate the applicants as competing
applications. If competing applications are designated, the Executive Director
may, if the parties cannot agree on the withdrawal of one or more applications,
award a permit on a random basis, an alternate year basis or some other
rational basis as the interests of fairness may dictate.
(c)
Required permit. It is
unlawful to engage in organized reptile and amphibian hunts unless the sponsors
of the hunts have first procured the required permit for each hunt. The
required permits shall be held in possession of the sponsor at all times during
each hunt. Permittees shall comply with the terms and conditions of each permit
and furnish reports required thereby.
(d)
Reporting. At the
location of the hunt, the permittee shall complete a report on the form
prescribed by the Commission that will include, at a minimum, the location of
the hunt; the names of the registered participants; the species name of the
reptile or amphibian that was captured or killed; a description of the reptile
or amphibian that was captured or killed; the date and time the reptile or
amphibian was brought to the hunt and the permit number of the person who
captured or killed the reptile or amphibian. The permittee shall complete the
form as registered participants deliver their reptiles or amphibians for entry
into the competition. This form shall be presented upon the request of an
officer authorized to enforce the code. Within 10 days following the conclusion
of the event, the permittee shall submit the form to the Commission.
(e)
Season. It is unlawful
to conduct an organized reptile or amphibian hunt for any species of reptile or
amphibian except during the open season for the reptile or amphibian as
specified in §
79.3 (relating to season and daily
possession limits).
(f)
Provisional timber rattlesnake permits.
(1)
Conditions. A permitted
sponsor of an organized hunt may issue provisional permits on the form
prescribed by the Commission subject to the following conditions:
(i) A provisional permit allows the holder
thereof to take, catch or possess one timber rattlesnake without tagging the
snake as required by §
79.6(d) (relating
to venomous snake permits).
(ii)
Provisional permits will be issued only in connection with an organized hunt
and will be valid only during the period of the organized hunt as stated in the
permit.
(iii) Provisional permits
will only be issued to holders of permits under §
79.6 who are registered
participants in the organized hunt.
(iv) A snake caught under a provisional
permit shall be entered into the hunt and shall become the possession of the
permitted sponsor of the organized hunt until the permitted sponsor returns the
snake to the holder of the provisional permit.
(v) The holder of a provisional permit shall
be responsible for returning a snake caught under a provisional permit unharmed
to the site from which it was taken by sunset of the last day of the organized
hunt.
(vi) Provisional permits in
no way allow the holders thereof to possess a snake beyond the period of the
organized hunt. The holder of a provisional permit who wishes to retain
possession of a snake caught under a provisional permit shall tag the snake in
accordance with §
79.6(d).
(2)
Prohibited acts. The
following acts are unlawful:
(i) A permitted
sponsor of an organized hunt issues a provisional permit in violation of this
subsection.
(ii) The holder of a
provisional permit violates the terms and conditions of the provisional
permit.
(iii) The holder of the
provisional permit possesses a snake beyond the period of the organized
hunt.
(iv) The holder of a
provisional permit releases the snake to a site other than the site from which
it was taken.
(g)
Sacking contests.
Sacking contests of native species regardless of origin are prohibited. It is
unlawful to import timber rattlesnakes or any subspecies, hybrid or variety of
Crotalus horridus, into this Commonwealth for use in
connection with a sacking contest.
(h)
Treatment of reptiles and
amphibians. Reptiles and amphibians held in connection with an
organized hunt may not be confined without water or shade or otherwise
physically abused or handled roughly. Free-handling of native, venomous
reptiles in an organized hunt is prohibited. At the conclusion of the organized
hunt, the sponsor shall return the snakes to the registered participants who
entered the snakes in the event.
Notes
The provisions of this § 79.7 issued under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2904; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and the Fish and Boat Code, 30 Pa.C.S. § 2904.
This section cited in 58 Pa. Code § 79.3 (relating to season and daily possession limits).
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