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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5307. Wild plant management

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In addition to the powers and duties granted to it by the act of April 9, 1929 (P.L. 177, No. 175),  1 known as “The Administrative Code of 1929,” the Department of Environmental Resources  2 shall, with cooperation from taxonomists, biologists, botanists and other interested persons conduct investigations on wild plants in order to ascertain information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to classify plants and to determine management measures necessary for their continued ability to sustain themselves successfully.

(b) The department shall establish a classification procedure that should include but may not be limited to the following categories:

(1) Extirpated. Species which once occurred in Pennsylvania, but no longer are known to exist.

(2) Endangered. Species in danger of extinction throughout all or most of its range if critical habitat is not maintained, or it is greatly exploited by man.

(3) Threatened. Species likely to become endangered throughout all or most of its range if critical habitat is not maintained or it is greatly exploited by man.

(4) Disjunct. Species which are significantly separated from the main area of distribution.

(5) Endemic. Species confined to a specialized habitat and with limited ranges.

(6) Restricted. Species with epidemic distribution but found in specialized habitats or habitats infrequent in Pennsylvania.

(7) Limit of range. Species which are uncommon or rare in Pennsylvania because they are at or near the peripheral of their distribution. Within the main body of their distribution, these species may or may not be common.

(8) Vulnerable. Species which are in danger of loss because of their beauty, economic value, use as cultivar or other factors which make them prime targets for being removed from native habitats.

(9) Undetermined. Species suggested as needing protection because of their infrequent occurrence, but their status in Pennsylvania is unclear.

(c) On the basis of such determinations, the Environmental Quality Board  3 shall issue regulations not later than two years from the effective date of this act, after public notice, after receiving data from interested persons and after holding public hearings. Such regulations so established shall set limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage wild plants. The Environmental Quality Board may add or delete species as conditions change and may modify regulations to reflect the changing environment.

(d) The department shall establish criteria for and promote a cooperative Statewide system of private wild plant sanctuaries.

(e) Each landowner desiring “private wild plant sanctuary” designation under this act shall make application to the department on a form prepared and provided by the department.

(f) No portion of this section shall be construed to restrict withdrawal of said designation at the request of the landowner.

(g) The department may suspend or revoke any designation for violation of this act, the regulations thereunder or for other good cause.

(h) No portion of this section shall be construed to restrict entry into such sanctuaries for the purpose of hiking, hunting, fishing or any other beneficial nonmotorized outdoor activity.

(i) Except as provided in this section, it shall be unlawful for any person exclusive of the owner of the land or any person having a bona fide property interest therein, to willfully adversely alter or destroy the local ecosystem of such private wild plant sanctuary.

1 71 P.S. § 51 et seq.
2 The powers and duties vested in the Department of Environmental Resources with respect to the study and protection of the Commonwealth's ecological and geological resources by this statute have been transferred to the Department of Conservation and Natural Resources. See 71 P.S. § 1340.305(a)(9).
3 The powers and duties vested in the Environmental Quality Board by this section have been transferred to the Department of Conservation and Natural Resources. See 71 P.S. § 1340.313(g).
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5307. Wild plant management - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-5307/

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