The state's population density is 265 people per square mile. The overall risk to ecosystems is high. Population density has increased one percent since 1982. The amount of developed land increased 15 percent between 1982 and 1992. Fifty-six percent of wetlands have been lost since 1780. Twenty percent of the 23,833 miles of assessed streams in the state have been damaged by pollution from resource extraction, agriculture or municipal point-sources. The state has 10 federally listed threatened and endangered species.
Biological Diversity Policy
Pennsylvania does not have a formal biodiversity policy established by law. It does, however, have numerous agency policies that recognize the importance of biodiversity protection. The Fish and Boat Commission published a document in 1995 that analyzed biodiversity issues in the state and recommended actions. In addition, the Bureau of Forestry has promulgated agency guidelines that protect biodiversity in a variety of ways. The state also has statutory and regulatory policies acknowledging the importance of ecosystems and wildlife. (See, Pa. Stat. Ann. tit. 52, 30.51))
Status of Biodiversity Science
Pennsylvania does not have a coordinated assessment system in place. The Natural Diversity Inventory is the most comprehensive system in use, focusing on species and communities of special concern. GAP was started in 1993. In addition, the state has a statewide bird atlas, a fish and wildlife database and other statewide inventories for selected species.
Endangered Species
Pennsylvania has separate laws protecting endangered species of animals, plants and fish. (30 Pa. Cons. Stat. Ann. 2305; 25 Pa. Code 82.31 et seq.; 34 Pa. Cons. Stat. Ann. 2167) Listings are based on scientific criteria. Recovery plans and critical habitat designation are not required, nor is agency consultation. Penalties for violations usually constitute a third degree misdemeanor, (30 Pa. Cons. Stat. Ann. 925) which can carry a fine of up to $2,500. (34 Pa. Cons. Stat. Ann. 925) Violators can also be charged with the costs in replacing the species.
State Agency Management for Biodiversity
State-owned Lands
Pennsylvania provides for biologically sustainable management in a variety of ways. For example, state forest lands are managed to provide habitat for a diversity of animal and native wild plant communities. It is also state policy to manage water and air resources so that aquatic and other ecosystems are maintained. (25 Pa. Code. 9.151, 9.161)
Cooperative Efforts
The state also promotes cooperative management efforts. The Wild Resource Conservation Act is designed to facilitate the cooperation of the Department of Environmental Resources, the Fish and Boat Commission and the Game Commission in the protection and conservation of wild plants and animals not killed or consumed for sport or profit. (Pa. Stat. Ann. tit. 32, 5302) In addition, the state has entered into compacts with other states to improve the fish and wildlife habitat of interstate rivers. (Pa. Stat. Ann. tit. 32, 815.101)
State Agency Training
Pennsylvania does not have identified programs of agency personnel training.
Impact Assessment
Pennsylvania does not have a "little NEPA," although many agency actions require impact assessment or mitigation. Dam construction (25 Pa. Code 105.14(b)(7)), sewage facilities (25 Pa. Code 71.2(a)(5)(1)(J)), water projects and land acquisitions (25 Pa. Code 105.14) require some form of review.
Habitat Acquisition
Pennsylvania has several land acquisition programs that obtain lands with important wildlife and biodiversity values. The Wild Resource Conservation Act provides for the acquisition of natural areas, and is funded in part by an income tax check-off. (Pa. Stat. Ann. tit. 32, 5304) The Keystone Recreation, Park and Conservation Fund is permanently funded with revenues from realty transfer taxes and is used in part to acquire lands. The transfer tax generates approximately $8 to $10 million per year. The Bureau of Forestry receives revenues from oil and gas proceeds from state forest lands, which are used to acquire lands needed to maintain the integrity of existing state parks and forests. These revenues currently amount to $1 to $1.5 million per year.
Private Land Conservation
Pennsylvania has some private land conservation programs. The Forest Stewardship Program teaches landowners the "basic tenets of biodiversity conservation." Private wild plant sanctuaries can be established under the Wild Resource Conservation Act. (Pa. Stat. Ann. tit. 32, 5302(5), 5307) Owners of forest land and farm land are assisted in resisting the lure of development with preferential assessment for tax purposes. (7 Pa. Code 137.5) Agricultural conservation easements are authorized by statute, with the land assessed according to the value of the easement. (Pa. Stat. Ann. tit. 72, 5491.3)
Exotic Species
Pennsylvania's exotic species provisions are sparse. For animals, a list of prohibited or restricted species is published, with violations punished as fifth degree summary offenses. Noxious weeds, seeds and plant pests are regulated through permitting, inspection and quarantine measures, with penalties of up to $20,000 for violations. (Pa. Stat. Ann. tit. 3, 255.1 et seq; 258.1 et seq.)
Predator or Animal Damage Control Activities
Pennsylvania has an animal damage control program that is operated cooperatively with the federal government. The federal agency concentrates on migratory bird problems while the state focus is on mammals, primarily deer. In addition, citizens can apply for permits to kill destructive animals. (30 Pa. Cons. Stat. Ann. 3308)
Additional Legal Protections for Biodiversity
The state constitution provides that citizens "have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment." (Pa. Const. art. l, 27)
Related Issues
Several agencies have their own environmental education initiatives. In addition, the state has an Environmental Education Act (Pa. Stat. Ann. tit. 35, 7522) and participates in Project WILD. The state published a wildlife viewing guide, though not part of the Watchable Wildlife series.
Pennsylvania has a standing statute for wildlife. (34 Pa. Cons. Stat. Ann. 2161) A person who unlawfully kills game or wildlife or causes habitat destruction is subject not only to specific penalties but also to civil suit on behalf of the commonwealth. Relief sought can include compensatory and punitive damages, the value of which is liberally calculated and may include "replacement costs or the recreational value of observing."
Pennsylvania does not currently have a takings law, although three bills are in committee.
Contacts:
Department of Agriculture
2301 N. Cameron St.
Harrisburg, PA 17110-9408
717-787-4737
Department of Environmental Resources
Public Liaison Office
16th fl., MSSOB
P.O. Box 2063
Harrisburg, PA 17105-2063
717-783-2300
Game Commission
2001 Elmerton Ave.
Harrisburg, PA 17110-9797
717-787-4250
State Extension Services
Pennsylvania State University
201 Agricultural Administration Bldg.
University Park, PA 16802-2600
814-865-2541
Pennsylvania ADC State Director
140-C Locust Grove Road
Pittstown, NJ 08867-9529
908-735-5654
Pennsylvania Natural Diversity Inventory
PDNI-East
The Nature Conservancy
35 Airport Drive
Middletown, PA 17057
717-948-3962
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu