30 Pa.C.S. § 5502 — PA Code / Title 30 / Chapter 55 / Section 5502
Operating watercraft under influence of alcohol or controlled substance.
Status: in_force

(a) General impairment.--

(1) An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the

individual is rendered incapable of safely operating or being in actual physical control of the movement of the watercraft.

(2) An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has operated or been in actual physical control of the movement of the watercraft.

(a.1) High rate of alcohol.--An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has operated or been in actual physical control of the movement of the watercraft.

(a.2) Highest rate of alcohol.--An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has operated or been in actual physical control of the movement of the watercraft.

(a.3) Controlled substances.--An individual may not operate or be in actual physical control of the movement of a watercraft under any of the following circumstances:

(1) There is in the individual's blood any amount of a:

(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;

(ii) Schedule II or III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or

(iii) metabolite of a substance under subparagraph

(i) or (ii).

(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely operate or be in actual physical control of the movement of the watercraft.

(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely operate or be in actual physical control of the movement of the watercraft.

(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

(a.4) Minors.--A minor may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has operated or been in actual physical control of the movement of the watercraft.

(a.5) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (a.1), (a.2) or (a.4) where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has operated or been in actual physical control of the movement of the watercraft is sufficient

to establish that element of the offense under the following circumstances:

(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and

(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

(b) Authorized use not a defense.--The fact that any individual charged with violating this section is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this section.

(b.1) Certain arrests authorized.--In addition to any other powers of arrest, an officer authorized to enforce this title is hereby authorized to arrest without a warrant any individual who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the officer's political subdivision where the individual to be arrested is found or was taken for purposes of emergency treatment, examination or evaluation, provided there is probable cause to believe that the violation of this section occurred within the police officer's political subdivision.

(b.2) Certain disposition prohibited.--The attorney for the Commonwealth shall not submit a charge brought under this section for Accelerated Rehabilitative Disposition if:

(1) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under this section or 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) within 10 years of the date of the current offense unless the charge was for an ungraded misdemeanor under 75 Pa.C.S. § 3802(a)(2) and was the defendant's first offense under this section or 75 Pa.C.S. § 3802.

(2) An accident occurred in connection with the events surrounding the current offense and any individual other than the defendant was killed or seriously injured as a result of the accident.

(3) There was a passenger under 14 years of age in the watercraft the defendant was operating.

(c) Grading.--

(1) Notwithstanding the provisions of paragraph (2):

(i) An individual who violates subsection (a) and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).

(ii) An individual who violates subsection (a) and who has more than one prior offense commits a misdemeanor of the second degree.

(2)

(i) An individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).

(ii) An individual who violates subsection (a.1) or (a.4) and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).

(iii) An individual who violates subsection (a)(1) where the individual refused testing of blood or breath and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).

(iv) An individual who violates subsection (a.2) or (a.3) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).

(v) An individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has more than one prior offense commits a misdemeanor of the first degree.

(vi) An individual who violates subsection (a.1) or (a.4) and who has more than one prior offense commits a misdemeanor of the first degree.

(vii) An individual who violates subsection (a)(1) where the individual refused testing of blood or breath and who has one or more prior offenses commits a misdemeanor of the first degree.

(viii) An individual who violates subsection (a.2) or (a.3) and who has one or more prior offenses commits a misdemeanor of the first degree.

(ix) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred commits a misdemeanor of the first degree.

(c.1) Penalties.--

(1) Except as set forth in paragraph (2), (3), (4) or

(5), an individual who violates subsection (a) shall be sentenced as follows:

(i) For a first offense, to undergo a mandatory minimum term of six months' probation and to pay a fine of $300 and successfully complete an approved boating safety course.

(ii) For a second offense, to undergo imprisonment for not less than five days and to pay a fine of not less than $300 nor more than $2,500 and successfully complete an approved boating safety course.

(iii) For a third or subsequent offense, to undergo imprisonment for not less than ten days and to pay a fine of not less than $500 nor more than $5,000 and successfully complete an approved boating safety course.

(2) Except as set forth in paragraph (3) or (4), an individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or damage to a watercraft or other property or who violates subsection (a.1) or (a.4) shall be sentenced as follows:

(i) For a first offense, to undergo imprisonment for not less than 48 consecutive hours and to pay a fine of not less than $500 nor more than $5,000 and successfully complete an approved boating safety course.

(ii) For a second offense, to undergo imprisonment for not less than 30 days and to pay a fine of not less than $750 nor more than $5,000 and successfully complete an approved boating safety course.

(iii) For a third offense, to undergo imprisonment for not less than 90 days and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.

(iv) For a fourth or subsequent offense, to undergo imprisonment for not less than one year and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.

(3) Except as set forth in paragraph (4), an individual who violates subsection (a)(1) and refused testing of blood or breath or an individual who violates subsection (a.2) or

(a.3) shall be sentenced as follows:

(i) For a first offense, to undergo imprisonment for not less than 72 consecutive hours and to pay a fine of not less than $1,000 nor more than $5,000 and successfully complete an approved boating safety course.

(ii) For a second offense, to undergo imprisonment for not less than 90 days and to pay a fine of not less than $1,500 and successfully complete an approved boating safety course.

(iii) For a third or subsequent offense, to undergo imprisonment for not less than one year and to pay a fine of not less than $2,500 and successfully complete an approved boating safety course.

(4) Notwithstanding the provisions of this subsection relating to mandatory minimum sentences, if the court makes a finding that the county jail population exceeds its capacity, the court may allow an individual who violated this section and is serving a mandatory minimum term of imprisonment to be released on parole to serve some or all of the individual's term of imprisonment on house arrest with electronic surveillance. This shall not apply to an individual who violates subsection (a)(1) where there was an accident resulting in serious bodily injury or the death of any individual.

(5) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred, in addition to any penalty imposed under this section, shall be sentenced as follows:

(i) For the first offense:

(A) Pay a fine of not less than $1,000.

(B) Complete 100 hours of community service.

(ii) For a second offense:

(A) Pay a fine of not less than $2,500.

(B) Undergo imprisonment for not less than one month nor more than six months.

(iii) For a third or subsequent offense, undergo imprisonment for not less than six months nor more than two years.

(d) Subsequent conviction.--Acceptance of Accelerated Rehabilitative Disposition, an adjudication of delinquency or a consent decree under 42 Pa.C.S. Ch. 63 or any other form of preliminary disposition of any charge brought under this section or a conviction or guilty plea under 75 Pa.C.S. § 3802 shall be considered a first conviction for the purpose of computing whether a subsequent conviction of a violation of this section shall be considered a second, third or subsequent conviction.

(e) Sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.

(f) Direct appeal.--The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section.

(g) City of first class.--Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, an individual appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, an individual appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section.

(h) Acceptance of ARD.--Any person who accepts Accelerated Rehabilitative Disposition of any charge brought under this section shall accept as conditions the imposition of, and the judge shall impose in addition to any other condition, all of the following:

(1) A mandatory suspension of watercraft operating privileges for a period of not less than six months but not more than 12 months.

(2) A condition that the defendant, as a condition to entering the program, make restitution to any person who incurred determinable financial loss as a result of the defendant's actions which resulted in a charge of violating this section.

(3) A condition that the defendant, as a condition to entering the program, attend and successfully complete at his own expense a commission-approved boating safety course.

(4) Court supervision for a period of not less than six months. In cases where the defendant is required to make restitution or submit to counseling or treatment, the court supervision shall be for a period of not less than 12 months or until the treatment or counseling is completed and the restitution is paid in full, whichever is longer.

(i) Preliminary disposition revoked.--Accelerated Rehabilitative Disposition or other preliminary disposition of any charge of violating this section may be revoked and the court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in general rules if any of the following circumstances occur:

(1) The defendant is charged with or commits an offense which violates the provisions of this section, any crime enumerated in 18 Pa.C.S. (relating to crimes and offenses) or any crime enumerated in 75 Pa.C.S. § 1542 (relating to revocation of habitual offender's license) within the probationary period.

(2) The defendant fails to make restitution as provided for in this section.

(3) The defendant fails to successfully complete the boating safety course.

(4) The defendant fails to successfully complete any program of counseling or treatment, or both, required as a condition of Accelerated Rehabilitative Disposition.

(5) The defendant violates the terms and conditions of Accelerated Rehabilitative Disposition in any other way.

(j) Litter collection program.--In addition to the conditions set forth under subsection (i) for Accelerated Rehabilitative Disposition of any charge brought under this section, the judge may impose and the individual shall accept the condition that the individual engage in a program of collecting litter from public and private property along Commonwealth waterways, especially property which is littered with alcoholic beverage containers. The duration of the individual's participation in a litter collection program shall not exceed the duration of the probationary period imposed on the individual under Accelerated Rehabilitative Disposition.

(k) Fees to be paid into Boat Fund.--With the exception of court costs, program costs for counseling, treatment or a boating safety course or any restitution referred to in this section, any fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative Disposition or any other preliminary disposition of any charge under this section shall be paid into the Boat Fund under section 531 (relating to establishment and use of Boat Fund).

(l) Preliminary hearing or arraignment.--The presiding judicial officer at the preliminary hearing or preliminary arraignment relating to any charge of a violation of this section shall not reduce or modify the original charges.

(m) Work release.--In any case in which an individual is sentenced to a period of imprisonment as a result of a conviction for violating any provision of this section, the judicial officer imposing that sentence shall consider assigning that individual to a daytime work release program pursuant to which the individual would be required to collect litter from public and private property, especially property which is littered with alcoholic beverage containers.

(n) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Adult." An individual 21 years of age or older.

"Minor." An individual under 21 years of age. (May 30, 1984, P.L.339, No.68, eff. 60 days; Oct. 31, 1997, P.L.485, No.49, eff. 60 days; Nov. 9, 2006, P.L.1375, No.149, eff. 60 days; July 8, 2007, P.L.82, No.27, eff. imd.; July 7, 2011, P.L.211, No.33, eff. 60 days; July 1, 2020, P.L.522, No.40, eff. 60 days) 2020 Amendment. Act 40 amended subsecs. (b), (b.1), (b.2),

(c), (c.1), (d), (g), (j), (m) and (n). 2007 Amendment. Act 27 amended subsecs. (a.5) and (c) and added subsec. (c.1). 2006 Amendment. Act 149 amended subsecs. (a), (a.1) and (c) and added subsecs. (a.2), (a.3), (a.4) and (a.5). Cross References. Section 5502 is referred to in sections 923, 928, 5125, 5126, 5502.1, 5502.2, 5502.3, 5502.4, 5506 of this title; section 67A01 of Title 42 (Judiciary and Judicial Procedure).
30 Pa.C.S. § 726 — PA Code / Title 30 / Chapter 7 / Section 726
Title to property.
Status: in_force

The title to any lands or waters acquired by purchase, gift, exchange or otherwise shall be taken in the name of the Commonwealth for the use of the commission.
30 Pa.C.S. § 3510 — PA Code / Title 30 / Chapter 35 / Section 3510
Marking of dams.
Status: in_force

(a) New dams.--In issuing permits for the construction or installation of new run-of-the-river dams on the waters of this Commonwealth, the department shall include a permit advisory notifying the permittee of the requirements of this section. The permittee of a new run-of-the-river dam shall mark the areas above and below the dam and on the banks immediately adjacent to the dam with signs and buoys of a design and content determined by the commission to warn the swimming, fishing and boating public of the hazards posed by the dam.

(b) Existing dams.--

(1) The department shall compile and maintain a current list of existing dams on the waters of this Commonwealth that the department determines to be run-of-the-river type dams. Within three months of the effective date of this section, the department shall notify the permittees and owners of those run-of-the-river dams of the requirements of this section by certified letter. Within six months of receiving notification of the requirements of this section from the department, the permittees and owners of run-of-the-river dams shall comply with the requirements of this section to mark the areas above and below their dams and on the banks immediately adjacent to their dams during the time periods of the year required by the commission with signs and buoys of a design and content determined by the commission to warn the swimming, fishing and boating public of the hazards posed by the dam.

(2) If the permittee or owner of a run-of-the-river dam disagrees with the determination of the department, the permittee or owner shall file written notice with the Environmental Hearing Board within 30 days of receiving the

determination. The Environmental Hearing Board shall reach a decision as soon as practicable. If the decision of the board upholds the determination of the department, the permittee or owner filing such notice shall have six months to comply with this section following the decision.

(c) Maintenance of signs and buoys.--

(1) It shall be the responsibility of the permittees and owners of run-of-the-river dams to maintain in proper location, legible condition and during the time periods of the year established by the commission signs and buoys installed pursuant to the requirements of this section.

(2) When a permittee or owner learns that signs or buoys installed under this section have been removed or defaced by an act of God or the acts or omissions of third parties other than the permittee or owner or his agent, he shall repair or replace the signs or buoys within 30 days unless river conditions during that time make such repair or replacement dangerous to undertake or impracticable to effect, in which case the permittee or owner shall repair or replace the signs or buoys as soon as is reasonably practicable. If a permittee or owner or his agent removes any signs or buoys, he shall have five days thereafter to repair or replace the signs or buoys.

(d) Size, content and location of signs and buoys marking run-of-the-river dams.--The commission, after consultation with the department, shall establish requirements for the content and location of signs and buoys to be installed under the authority of this section and the time periods of the year when the signs and buoys shall be required to be in place. The commission shall describe the requirements by notice published in the Pennsylvania Bulletin and may from time to time revise the requirements as circumstances require.

(e) Preemption of Federal law.--Any warning sign or buoy installed and maintained in the areas above or below a run-of-the-river dam or on the banks immediately adjacent to such a dam by a dam permittee or owner in compliance with the requirements of the United States Coast Guard, the Federal Energy Regulatory Commission or any Federal agency having jurisdiction over a run-of-the-river dam shall be deemed to meet the requirements established or imposed by or under this section regarding the placement of warning signs or buoys in said areas.

(f) Standard of care.--A dam permittee or owner who complies with the provisions of this section to mark a dam and who maintains signs and buoys as required by this section shall be deemed to have met the standard of care for warning the public of the hazards posed by the dam.

(g) Regulations.--The commission may promulgate regulations to implement the provisions of this section.

(h) Penalties.--

(1) Any person who fails to comply with subsection (a) or (b) commits a summary offense of the first degree for the first offense and a misdemeanor of the third degree for a subsequent offense. Each month of noncompliance shall constitute a separate violation.

(2) Any person who fails to comply with subsection (c) commits a summary offense of the second degree for the first offense and a summary offense of the first degree for a subsequent offense. Each month of noncompliance shall constitute a separate violation.

(3) Any person who enters an exclusion zone marked under the provisions of this section commits a summary offense of

the third degree provided that it shall not be a violation of this section for the permittee or owner and his agents and officers of the Commonwealth and local government to enter the exclusion zone for purposes of maintaining the dams and signs and buoys or for enforcement and rescue purposes.

(4) All fines received under this subsection shall be paid into the State Treasury for the use of the Fish Fund or Boat Fund, as appropriate.

(5) The provisions of 18 Pa.C.S. (relating to crimes and offenses) and section 923 (relating to classification of offenses and penalties), insofar as they relate to imprisonment for convictions of summary and misdemeanor offenses, are not applicable to this section.

(i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Department." The Department of Environmental Protection of the Commonwealth.

"Owner." The person who owns a run-of-the-river dam regulated by the Department of Environmental Protection pursuant to the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act.

"Permit." A permit issued by the Department of Environmental Protection pursuant to the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act.

"Permittee." The person who has been issued a permit by the Department of Environmental Protection to maintain a run-of-the-river dam.

"Run-of-the-river dam." A manmade structure which:

(1) is a dam regulated by the Department of Environmental Protection pursuant to the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act;

(2) is built across a watercourse and certain flows pass over the entire dam structure, excluding abutments, to a natural channel downstream; and

(3) the department determines to have hydraulic characteristics such that at certain flows persons may be caught in the hydraulic roller or boil immediately below the dam. (June 19, 1998, P.L.702, No.91, eff. Jan. 1, 1999; July 1, 2020, P.L.520, No.39, eff. 60 days) 2020 Amendment. Act 39 amended subsecs. (h)(1) and (2) and

(i) and added subsec. (h)(5). 1998 Amendment. Act 91 added section 3510.
30 Pa.C.S. § 531 — PA Code / Title 30 / Chapter 5 / Section 531
Establishment and use of Boat Fund.
Status: in_force

(a) General rule.--All fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of section 747 (relating to proceeds from sales and grants) and Part III (relating to boats and boating), as well as all funds received pursuant to section 17 of the act of May 21, 1931 (P.L.149, No.105), known as "The Liquid Fuels Tax Act," shall be placed in a separate fund by the State Treasurer to be known as the "Boat Fund." The use of the Boat Fund shall generally be limited to carrying out the functions of the commission that relate to boats and boating and, subject to this general limitation, the fund may be used solely for the following purposes:

(1) The payment of all expenses incurred in processing, issuing or supervising the issuance of boat registrations, special licenses and permits.

(2) The payment of the salaries, wages or other compensation of the executive director, other employees and other persons as may be required for the work of the commission.

(3) The payment of the travel and other expenses of the Boating Advisory Board, officers, employees and other persons as may be required for the work of the commission.

(4) The purchase of such furniture, furnishings, stationery, supplies, materials, equipment, fuel, motor vehicles, boats and printing and binding as may be necessary to the conduct of the work of the commission, and the payment of premiums on surety bonds for such officers or employees of the commission as may be required to obtain policies of workmen's compensation insurance and policies of liability insurance covering the motor vehicles and persons operating them.

(5) The payment of postage, telegrams, telephone rentals, telephone toll charges and rentals for patented leased office devices or machines.

(6) Rentals for any offices outside of the Capitol buildings or any other grounds, buildings or quarters necessary for the work of the commission.

(7) Necessary repairs and improvements to boating access areas and buildings, offices or quarters used in the work of the commission.

(8) The maintenance and operation of such boats as may be required for the business of the commission.

(9) Any contingent, incidental or other expenses of any kind or description reasonably necessary in carrying on the work of the commission as provided in Part III including the costs of activities for the promotion of recreational boating in this Commonwealth.

(10) The purchase of lands and waters and the impounding of waters and to make them available for use by the citizens of this Commonwealth for boating and other related recreational purposes. The lands and waters so purchased shall be under the supervision, direction and control of the commission.

(11) The refund of fees, royalties, fines or other moneys heretofore or hereafter erroneously or unjustly paid into the Boat Fund.

(12) The development and implementation of a boating safety education program.

(13) The lease of land, interests in land or licenses for the use thereof by the commission.

(b) Cooperative agreements.--The commission may enter into cooperative agreements with Federal, Commonwealth and other state and local government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating waters for public boating and may expend moneys from the Boat Fund for agreed upon pro rata share of the cost of their acquisition, construction, operation and maintenance. The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes.

(c) Appropriation of moneys.--All moneys in the Boat Fund, from time to time, are hereby appropriated to the commission and may be expended for the purposes that relate to boats and boating authorized under this title. References in Text. The act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, referred to in subsec. (a) intro. par., was repealed by the act of April 17, 1997 (P.L.6, No.3). Cross References. Section 531 is referred to in sections 701, 5502 of this title.
30 Pa.C.S. § 5102 — PA Code / Title 30 / Chapter 51 / Section 5102
Cooperation with other agencies.
Status: in_force

(a) Commonwealth agencies.--

(1) Concurrent jurisdiction.--Any power, duty or jurisdiction conferred or imposed by this part shall be deemed to be supplemental to any existing power, duty or jurisdiction conferred or imposed by law or by any other Commonwealth agency over, upon or in any waters of this Commonwealth and it is the duty of these Commonwealth agencies to cooperate with the commission and the assistant executive director in carrying out the purposes of this part.

(2) Use of services.--The services of other Commonwealth agencies may be used by the commission to accomplish any of the provisions of this part. If there is adequate efficiency by so doing, these Commonwealth agencies shall cooperate to the maximum extent that is feasible.

(b) Federal Government and other states.--The commission shall cooperate to the fullest extent feasible with the Federal Government and the boating agencies of the Federal Government and other states to promote uniformity of rules, regulations and navigation aids and to facilitate safe unhindered movement of vessels between states.
30 Pa.C.S. § 728 — PA Code / Title 30 / Chapter 7 / Section 728
Exemption from taxation.
Status: in_force

Lands, waters or buildings to which title has been acquired in the name of or for the use of the commission shall be exempt

from the payment of all taxes except such fixed charges as apply to and are imposed upon Commonwealth forests.
30 Pa.C.S. § 302 — PA Code / Title 30 / Chapter 3 / Section 302
Executive director.
Status: in_force

(a) Appointment and compensation.--The commission shall appoint to serve at its pleasure and, with the approval of the Governor, fix the compensation of an executive director who shall be the chief executive officer of the commission and attend to its administrative work and have charge of all activities under the jurisdiction of the commission. The executive director shall be the chief waterways patrolman of the commission and shall have charge of, direct, supervise, and control all waterways patrolmen, deputy waterways patrolmen and employees of the commission. No member of the commission nor any person who has served as a member thereof within one year shall be eligible for appointment as executive director.

(b) Power to catch, kill or possess fish.--The executive director or his agent may catch, take, kill or possess any fish at any time, in any season of the year and with any kind of net or device.
30 Pa.C.S. § 301 — PA Code / Title 30 / Chapter 3 / Section 301
Organization of commission.
Status: in_force

(a) Composition.--The Pennsylvania Fish and Boat Commission is continued as an independent administrative commission and shall consist of ten competent citizens of this Commonwealth who shall be appointed by the Governor by and with the advice and consent of a majority of the members elected to the Senate.

(b) Qualifications.--Two members of the commission shall serve at-large and be experienced in boating and water safety education and be a registered boat owner in Pennsylvania. The two boatmen members shall represent the various geographical sections and boating interests of this Commonwealth. The remaining eight members shall be persons well informed on the subject of conservation, restoration, fish and fishing and boats and boating and shall be appointed, insofar as practicable, on a bipartisan basis and from the various geographic districts of this Commonwealth so that at all times one and only one member shall be a resident of each of the following districts:

(1) First district, consisting of the counties of Erie, Crawford, Mercer, Lawrence, Venango, Butler, Warren, Forest and Clarion.

(2) Second district, consisting of the counties of Beaver, Allegheny, Washington, Greene, Armstrong, Indiana, Westmoreland and Fayette.

(3) Third district, consisting of the counties of McKean, Elk, Jefferson, Potter, Cameron, Clearfield, Clinton and Centre.

(4) Fourth district, consisting of the counties of Cambria, Somerset, Blair, Bedford, Huntingdon, Fulton, Mifflin and Juniata.

(5) Fifth district, consisting of the counties of Tioga, Lycoming, Union, Snyder, Bradford, Sullivan, Columbia, Montour and Northumberland.

(6) Sixth district, consisting of the counties of Franklin, Perry, Cumberland, Adams, Dauphin, York, Lebanon and Lancaster.

(7) Seventh district, consisting of the counties of Susquehanna, Wyoming, Luzerne, Lackawanna, Carbon, Wayne, Pike and Monroe.

(8) Eighth district, consisting of the counties of Schuylkill, Berks, Chester, Northampton, Lehigh, Bucks, Montgomery, Philadelphia and Delaware.

(c) Terms of office and compensation.--The members shall hold office for terms of four years each and may continue to hold office for a period of time not to exceed six months or until a successor is appointed and qualified, whichever occurs first. A member who serves three consecutive terms shall not be eligible for reappointment to the commission. The members shall receive no compensation for their services but may be reimbursed for travel expenses. When performing any function on behalf of the commission or acting within the scope of their official duties, members of the commission shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.

(d) Vacancies.--Upon the death, resignation or removal from office of any member, the Governor shall appoint a competent person to serve for the unexpired term.

(e) Meetings, officers and quorum.--The commission shall have an office in the Harrisburg area and shall hold meetings in the Harrisburg area in January and July and at such other times and places within this Commonwealth as the commission shall designate for the transaction of business. At the meeting held in July of each year, the commission shall elect one of its members as president and one of its members as vice president who shall hold office for one year. Six members shall constitute a quorum.

(f) Powers of waterways patrolmen.--Except for the power conferred by section 925 (relating to acknowledgment of guilt and receipts for payment), members of the commission may exercise any of the powers conferred by this title on waterways patrolmen. (Feb. 24, 1984, P.L.90, No.16, eff. 60 days; Dec. 12, 1991, P.L.368, No.39, eff. imd.; Dec. 19, 1996, P.L.1454, No.185, eff. 60 days; Jan. 29, 1998, P.L.31, No.7, eff. imd.; June 28, 2011, P.L.77, No.16, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; Mar. 19, 2014, P.L.364, No.24, eff. 60 days) 2014 Amendment. Act 24 amended subsecs. (a) and (c). Section 2 of Act 24 provided that the amendment shall apply to members of the Pennsylvania Fish and Boat Commission who are appointed on or after the effective date of Act 24. 2002 Partial Repeal. Section 4 of Act 231 provided that section 301 is repealed insofar as it relates to the consent required by the Senate to appointments by the Governor.

1984 Amendment. Act 16 amended subsecs. (a), (b) and (e). Cross References. Section 301 is referred to in section 306 of this title.
30 Pa.C.S. § 7303 — PA Code / Title 30 / Chapter 73 / Section 7303
Interstate cooperation.
Status: in_force

The commission shall meet and confer with the pertinent officials of the states of New York, New Jersey, Pennsylvania and Delaware, constituting the Middle Atlantic Section of the Atlantic States Marine Fisheries Commission, and may enter into such agreements with respect to the coordination of research, enforcement or any other operations or facilities as may be necessary to secure joint management of the shad fishery of the Delaware River and Bay and their tributaries.
30 Pa.C.S. § 322.1 — PA Code / Title 30 / Chapter 3 / Section 322.1
Power to set fees.
Status: in_force

(a) Authority.--

(1) Beginning July 1, 2021, the commission, in accordance with paragraph (2), may change or set the fees provided under any of the following:

(i) Section 502 (relating to service charge for uncollectible checks).

(ii) Section 2715(a)(1), (2), (3), (4), (5), (6),

(6.1), (6.2) and (7), (a.1)(1), (4) and (5) and (b) (relating to license, permit and issuing agent fees).

(iii) Section 2902 (relating to net permits).

(iv) Section 2903 (relating to boat and net licenses for boundary lakes).

(v) Section 2906 (relating to permits for use of explosives).

(vi) Section 3102 (relating to fees).

(vii) Section 3509 (relating to obstructing migration of fish).

(viii) Section 5104 (relating to fees).

(ix) Section 5304 (relating to issuing agents).

(x) Section 5327 (relating to fees).

(xi) Section 5334 (relating to notice for boats and related equipment).

(2) A change or setting of a fee under this subsection shall be done as follows:

(i) The commission shall publish a notice of proposed rulemaking containing the proposed fee change in accordance with section 201 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. The commission shall give at least 30 days for the submission of written comments and shall hold at least one public hearing on the proposed change.

(ii) Prior to adoption of a final-form regulation containing a fee change, the commission shall review and consider public comments and may modify the text of the final-form regulation as the commission deems necessary under section 202 of the Commonwealth Documents Law.

(iii) After adoption of a final-form regulation containing a fee change, the commission shall submit the final-form regulation, copies of all public comments and the transcript of the public hearing to the Game and Fisheries Committee of the Senate and the Game and Fisheries Committee of the House of Representatives.

(iv) Either committee under subparagraph (iii) may report a concurrent resolution recommending disapproval of the fee change within 30 days of the submission under subparagraph (iii) or within 10 legislative session days, whichever is later. If neither committee reports a concurrent resolution recommending disapproval within the time prescribed in this subparagraph, the fee change shall be deemed approved.

(v) If either committee reports a concurrent resolution under subparagraph (iv) and the General Assembly does not adopt the concurrent resolution within 30 days of the date that the concurrent resolution is reported or within 10 legislative days, whichever is later, the fee change shall be deemed approved.

(vi) If the General Assembly adopts a concurrent resolution under subparagraph (iv) within 30 days of the date that the concurrent resolution is reported or within 10 legislative session days, whichever is later, the following shall apply:

(A) The concurrent resolution shall be presented to the Governor in accordance with section 9 of
30 Pa.C.S. § 5504 — PA Code / Title 30 / Chapter 55 / Section 5504
Liability for damage caused by operator.
Status: in_force

Every owner of a watercraft causing or knowingly permitting any person to operate the watercraft in, upon or through the waters of this Commonwealth, and any person who leases or furnishes a watercraft to any other person, shall be jointly and severally liable with the other person for damages arising out of any act or occurrence in the operation of the watercraft.
30 Pa.C.S. § 521 — PA Code / Title 30 / Chapter 5 / Section 521
Establishment and use of Fish Fund.
Status: in_force

(a) General rule.--Except as otherwise provided in this title, all fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of this title shall be placed in a separate fund by the State Treasurer to be known as the "Fish Fund" and shall be used solely for the following purposes:

(1) The payment of all expenses incurred in processing, issuing or supervising the issuance of fishing licenses, special licenses and permits.

(2) The payment of the salaries, wages or other compensation of the executive director, other employees and other persons as may be required for the work of the commission.

(3) The payment of the travel and other expenses of the members, officers, employees and other persons as may be required for the work of the commission.

(4) The purchase of such furniture, furnishings, stationery, supplies, materials, equipment, fuel, motor vehicles and printing and binding as may be necessary to the conduct of the work of the commission, and the payment of premiums on surety bonds for such officers or employees of the commission as may be required to obtain policies of workmen's compensation insurance and policies of liability insurance covering motor vehicles and persons operating them.

(5) The payment of postage, telegrams, telephone rentals, telephone toll charges and rentals for patented leased office devices or machines.

(6) Rentals for any offices outside of the Capitol buildings or any other grounds, buildings or quarters necessary for the work of the commission.

(7) The propagation, protection, management and distribution of fish and the stocking of waters within this Commonwealth as provided by law.

(8) Necessary repairs and improvements to fish cultural stations or other buildings, offices or quarters used in the work of the commission.

(9) Field work, gathering spawn and transferring fish.

(10) The maintenance and operation of such boats as may be required for the business of the commission.

(11) Any contingent, incidental or other expenses of any kind or description reasonably necessary in carrying on the work of the commission including the costs of activities for the promotion of public interest in recreational fishing in this Commonwealth.

(12) The direct purchase in any amount, without prior confirmation of the Department of General Services, of all fish and fish food for its fish cultural facilities and elsewhere as needed.

(13) The purchase of lands and waters and the impounding of waters and to make them available for use by the citizens of this Commonwealth for fishing, boating and other recreational purposes. The lands and waters so purchased shall be under the supervision, direction and control of the commission.

(14) The purchase and acquisition of additional land and water for Commonwealth fish cultural stations; the purchase, acquisition and erection of buildings, ponds and other extensions incidental to fish cultural stations; the propagation and protection of fish and fish cultural stations hereafter established; the distribution of fish from fish cultural stations; and the stocking of waters within this Commonwealth.

(15) The refund of fees, royalties, fines or other moneys heretofore or hereafter erroneously or unjustly paid into the Fish Fund.

(16) The lease of land, interests in land or licenses for the use thereof by the commission.

(b) Cooperative agreements.--The commission may enter into cooperative agreements with Federal, Commonwealth and other state and local government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating waters for public fishing and may expend moneys from the Fish Fund for agreed upon pro rata share of the cost of their acquisition, construction, operation and maintenance. The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes.

(c) Appropriation of moneys.--All moneys in the Fish Fund, from time to time, are hereby appropriated to the commission and may be expended for the purposes authorized under this title. Cross References. Section 521 is referred to in section 701 of this title.
30 Pa.C.S. § 7305 — PA Code / Title 30 / Chapter 73 / Section 7305
Season and lift period.
Status: in_force

(a) Season.--The taking of shad in the Delaware River and Bay and their tributaries is prohibited except between March 1 and June 10.

(b) Lift period.--During the season when shad may be caught under subsection (a) it is unlawful for any nets to be in operation between 2 p.m. on Saturday and 12 midnight Sunday.
30 Pa.C.S. § 5707 — PA Code / Title 30 / Chapter 57 / Section 5707
Rules and regulations.
Status: in_force

The commission may adopt or promulgate rules or regulations relating to at-risk boats, derelict boats or abandoned boats, including the transfer of ownership of or interest in at-risk boats, derelict boats or abandoned boats.
30 Pa.C.S. § 7104 — PA Code / Title 30 / Chapter 71 / Section 7104
Powers granted commission supplemental to other powers.
Status: in_force

Any powers granted to the commission shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in the commission by other laws of this Commonwealth, or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida, or by the Congress of the United States or the terms of said compact.
30 Pa.C.S. § 930 — PA Code / Title 30 / Chapter 9 / Section 930
Disposition of nonresident offenders.
Status: in_force

Subject to any inconsistent regulations prescribed pursuant to 42 Pa.C.S. § 3502 (relating to financial regulations):

(1) General rule.--Except as otherwise provided in paragraph (2), upon the apprehension of a nonresident of this Commonwealth for any violation of this title that is a summary offense, the waterways conservation officer or deputy waterways conservation officer shall issue a citation as provided by the Pennsylvania Rules of Criminal Procedure unless the nonresident offender elects to proceed under section 925 (relating to acknowledgment of guilt and receipts for payment).

(2) Arrest of nonresident.--A waterways conservation officer or deputy waterways conservation officer shall be authorized to arrest a nonresident for a summary offense violation of this title and escort him to the appropriate issuing authority for a hearing, posting of bond or payment of the applicable fine and costs only when one or more of the following circumstances exist:

(i) The nonresident offender refuses to accept a citation from the waterways conservation officer.

(ii) In counties where the use of field acknowledgments of guilt is authorized under section 925 (relating to acknowledgment of guilt and receipts for payment), the nonresident offender elects not to sign a field acknowledgment of guilt and refuses to accept a citation from the waterways conservation officer.

(iii) The nonresident offender fails to provide positive identification showing his mailing address.

(iv) The officer has reasonable grounds to believe the nonresident offender is a repeat offender under this title.

(v) The officer has reasonable grounds to believe the nonresident offender is fishing while his fishing privileges are suspended or boating while his boating privileges are suspended.

(vi) The officer has reasonable grounds to believe the nonresident offender has failed to respond to a citation issued under this title or to pay assessed fines or penalties for a prior offense under this title.

(vii) The officer has reasonable grounds to believe the nonresident offender may pose a threat of harm to persons or property or to himself or herself.

(viii) The officer has reasonable grounds to believe the nonresident offender will not appear as required if issued a citation. The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer.

(3) Form of payment.--The amount of fine and costs to be mailed to the issuing authority under paragraph (2) may be paid by money order, personal or other check or guaranteed arrest bond.

(4) Receipt for payment.--The waterways conservation officer or deputy waterways conservation officer shall give the nonresident offender a receipt for payment, a copy of which shall be mailed with the payment and a copy retained by the officer.

(5) Suspension of fishing and boating privileges.--The fishing privileges of a nonresident offender who fails to respond to a citation issued to him for a fishing violation shall automatically be suspended until the nonresident offender responds to the citation. The boating privileges of a nonresident offender who fails to respond to a boating violation shall automatically be suspended until the nonresident offender responds to the citation. The commission shall notify the agency or agencies with jurisdiction over fishing and boating, as applicable, of the state of a nonresident who fails to respond to citation and shall request assistance from the state of residence. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)
30 Pa.C.S. § 2717 — PA Code / Title 30 / Chapter 27 / Section 2717
License and permit packaging options.
Status: in_force

(a) Multi-year licenses and permits.--The commission may issue a license or permit that covers multiple years. A multi-year license or permit shall expire on December 31 of the last year for which it was issued.

(b) Group licenses and permits.--The commission may issue a license or permit that covers a group of individuals who meet the criteria established by the commission.

(c) Promotional discounts.--The commission may issue a license or permit for a fee that is less than the applicable fee set forth in section 2715 for marketing and promotional purposes in accordance with the guidelines established by the commission.

(d) Regulations.--The commission may promulgate regulations to implement this section.

(e) Penalties.--Any person violating the regulations promulgated under this section commits a summary offense of the third degree. (June 22, 2012, P.L.640, No.66, eff. 60 days; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsecs. (a) and (b). 2012 Amendment. Act 66 added section 2717.
30 Pa.C.S. § 3104 — PA Code / Title 30 / Chapter 31 / Section 3104
Receipts for fish caught.
Status: in_force

The owner or person in charge of any regulated fishing lake shall issue consecutively numbered receipts to all anglers who catch or transport fish from a regulated fishing lake during the closed season for the species of fish, or in excess of the possession limit, or under the minimum size limit. The receipts shall be made in duplicate and one copy shall be kept on file by the issuer for inspection by the commission or any persons designated by it. Each angler, while in possession of the fish, shall have in his possession the receipt relative thereto and shall produce it upon demand by proper authority. All receipts shall contain the following information:

(1) Name, location and license number of the regulated fishing lake.

(2) Number and species of the fish caught.

(3) Date of issue.
30 Pa.C.S. § 102 — PA Code / Title 30 / Chapter 1 / Section 102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Amphibian." Any of the cold-blooded, scaleless, vertebrates of the class amphibia, such as frogs, toads and salamanders, the young usually being aquatic and breathing by gills and the adults usually losing the gills and breathing by lungs.

"Aquatic organism." Any plant or animal that grows or lives in or upon the water.

"Artificial propagation." The rearing of any species of fish, during any stage of the species life cycle from inception by natural or artificial means to the adult stage of the species.

"Bait fish." Unless otherwise provided by commission regulation, the following fish:

(1) All forms of the minnow family (Cyprinidae) except carp and goldfish.

(2) Suckers, chubs, fallfish, lampreys and eels measuring less than eight inches in length.

(3) All forms of darters, killifishes and madtoms (otherwise known as stonecats).

"Board." The Boating Advisory Board established under this title.

"Boat." Every description of watercraft constructed or sold for the primary purpose of being used as a means of transportation on the water. The term does not include:

(1) Surfboards and other similar nonpowered contrivances used primarily as swimming aids.

(2) Commercial craft subject to Federal manning and inspection requirements.

(3) Seaplanes.

"Boundary lake." Such part or parts of any lake lying between this Commonwealth and any other state or foreign country over which the Commonwealth may have jurisdiction.

"Boundary waters." All natural or artificially constructed ponds or lakes, bays, peninsular waters or flowing streams or rivers which border on this Commonwealth.

"Commission." The Pennsylvania Fish and Boat Commission of the Commonwealth.

"Deputy waterways conservation officers." Officers formerly designated as deputy waterways patrolmen appointed under section 305 (relating to deputy waterways patrolmen).

"Deputy waterways patrolman." A deputy waterways conservation officer.

"Endangered species." All species and subspecies of fish which:

(1) have been declared by the Secretary of the United States Department of the Interior to be threatened with extinction and appear on the Endangered Species List or the Native Endangered Species List published in the Federal Register; or

(2) have been declared by the executive director to be threatened with extinction and appear on the Pennsylvania Endangered Species List published in the Pennsylvania Bulletin.

"Executive director." The executive director of the Pennsylvania Fish and Boat Commission.

"Fish."

(1) When used as a noun, includes all game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms.

(2) When used as a verb, the act of fishing.

"Fishing." The act of angling, or to catch, take, kill or remove or the attempt to catch, take, kill or remove from any lands within or waters within or bordering on this Commonwealth any fish by any means or method for any purpose whatsoever.

"Fish bait." Unless otherwise provided by commission regulation, crayfish or crabs, mussels, clams and the nymphs, larvae and pupae of all insects spending any part of their life cycle in the water.

"Game fish." Unless otherwise provided by commission regulation, the following fish: Brook trout, Salvelinus fontinalis; brown trout, Salmo trutta; and rainbow trout, Salmo gairdneri, and the salmon family, Salmoidae; walleye, Stizostedion vitreum; chain pickerel, Esox niger; northern pike, Esox lucius; muskellunge, Esox masquinongy; fallfish, Semotilus corporalis; smallmouth bass, Micropterus dolomieui; largemouth bass, Micropterus salmoides; crappies, Pomoxis sp.; rock bass, Ambloplites rupestris; yellow perch, Perca flavescens; striped bass or rockfish, morone saxatili; suckers, Catostomidae; eels, Anguilla rostrata; chubs, Semotilus and Nocomis, measuring at least eight inches in length; sturgeon, Acipenser oxyrhynchus; white perch, morone americana; and all other species or varieties of fish except bait fish.

"Iceboat." Every description of icecraft or motor-driven contrivance used, or capable of being used, as a means of transportation on ice.

"Inland waters." Any nontidal stream, river, lake, artificial or natural body of water within this Commonwealth.

"Motorboat." Any boat equipped with propelling machinery.

"Operate." As applied to watercraft, to navigate or otherwise use a boat or watercraft.

"Owner." As applied to watercraft, a person, other than a lienholder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to the interest of another person reserved or created by agreement and securing payment or performance of an

obligation. The term does not include a lessee under a lease not intended as security.

"Passenger." Any person on a boat.

"Passenger-carrying boat." Any boat that carries more than six passengers either for hire or as part of a commercial enterprise. The following persons shall not be counted in determining the number of passengers:

(1) The owner or his representative.

(2) The operator and bona fide members of the crew who have contributed no consideration for their carriage and who may be paid for their services.

(3) Any guest on board a boat used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage when there are no other passengers on board who have paid any such consideration and when only the owner or owners of the boat are bearing the costs of operating the boat. The term shall not include any boat operated exclusively as a part of a cavern operation.

"Person." Includes individuals, partnerships, associations, corporations, political subdivisions, municipality authorities, the Commonwealth or any other legal entities.

"Regulated fishing lake." Any artificial or man-made pond or lake owned, leased or controlled in any manner by any person where fishing is permitted for payment of a fee and in which all fish stocked are artificially propagated by commercial hatcheries or purchased from persons licensed to sell fish.

"Reptiles." Any of the various species of cold-blooded vertebrates of the class Reptilia.

"Special marine event." Any unusual congregation of boats for a specific purpose including events such as races, regattas, rodeos, demonstrations, exhibitions and marine parades.

"Threatened species." All species and subspecies of fish which:

(1) have been declared by the Secretary of the United States Department of the Interior to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on a Threatened Species List published in the Federal Register; or

(2) have been declared by the executive director to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on the Pennsylvania Threatened Species List published in the Pennsylvania Bulletin.

"Vessel." A boat.

"Watercraft." Every description of device used on the water or ice or capable of being used as a means of transport on water or ice. The term includes boats, motorboats, iceboats, all terrain or amphibious vehicles when they are operated on water and all such other devices. The term does not include seaplanes.

"Waters of this Commonwealth." Includes all inland, tidal and boundary waters, whether navigable or nonnavigable, under the jurisdiction of the Commonwealth. The term includes ice that forms on these waters.

"Waterways conservation officers." Officers formerly designated as waterways patrolmen appointed under section 304 (relating to waterways patrolmen and employees).

"Waterways patrolman." A waterways conservation officer. (May 24, 1984, P.L.335, No.66, eff. 60 days; Dec. 12, 1991, P.L.368, No.39, eff. imd.; Dec. 9, 2002, P.L.1542, No.199, eff. 60 days; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)

2012 Amendment. Act 211 amended the def. of "fishing." 2002 Amendment. Act 199 amended the def. of

"passenger-carrying boat." 1991 Amendment. Act 39 amended the defs. of "commission" and "executive director." 1984 Amendment. Act 66 added the defs. of "deputy waterways conservation officers," "deputy waterways patrolman," "waterways conservation officers" and "waterways patrolman." Cross References. Section 102 is referred to in section 5702 of this title; section 5702 of Title 18 (Crimes and Offenses); section 67A01 of Title 42 (Judiciary and Judicial Procedure).
30 Pa.C.S. § 2110 — PA Code / Title 30 / Chapter 21 / Section 2110
Taking or possessing by illegal methods.
Status: in_force

(a) Prohibited conduct.--It shall be unlawful to take, catch, kill or possess fish by any method not specifically authorized by law or regulation from any waters of this Commonwealth, boundary waters or lands.

(b) Grading.--The following shall apply:

(1) Any person violating subsection (a) relating to a single fish commits a summary offense of the second degree.

(2) Any person violating subsection (a) relating to two or more fish, up to and including the legal daily limit, commits a summary offense of the first degree.

(3) Any person violating subsection (a) relating to more than the legal daily limit of fish, or a second or subsequent violation of subsection (a), commits a misdemeanor of the second degree. (Oct. 24, 2012, P.L.1323, No.167, eff. imd.) 2012 Amendment. Act 167 added section 2110. Section 5(4) of Act 167 provided that section 2110 shall apply to violations occurring on or after the effective date of Act 167. Cross References. Section 2110 is referred to in section 923 of this title.
30 Pa.C.S. § 3107 — PA Code / Title 30 / Chapter 31 / Section 3107
Transportation of fish.
Status: in_force

Nothing in this chapter shall be deemed to authorize any person to transport, import or introduce any species of fish, bait fish or fish bait into this Commonwealth if the transportation, importation or introduction is prohibited by other laws or regulations.
30 Pa.C.S. § 903 — PA Code / Title 30 / Chapter 9 / Section 903
Delegation of enforcement powers.
Status: in_force

Any person employed or elected by the Commonwealth or by any municipality, whose duty it is to preserve the peace or to make arrests or to enforce the laws of this Commonwealth, may be designated and empowered by the executive director, with the approval of the commission, to enforce the provisions of this title.
30 Pa.C.S. § 5101 — PA Code / Title 30 / Chapter 51 / Section 5101
Administration of part.
Status: in_force

The commission shall supervise, through the executive director, the administration and the enforcement of the provisions of this part, the rules and regulations promulgated thereunder and any existing laws regulating the operation and equipment of boats operated on any waters of this Commonwealth, the establishment of educational programs and the improvement of waterway facilities including aids to navigation.
30 Pa.C.S. § 7311 — PA Code / Title 30 / Chapter 73 / Section 7311
Transfer of license.
Status: in_force

(a) When authorized.--A shad license to operate any nets permitted under this chapter may be transferred whenever the owner of the nets, boats, gear and other equipment sells or conveys them by bill of sale for a bona fide consideration to any person who is eligible under the provisions of this chapter.

(b) Application, fee and issuance.--The transfer shall be made only upon surrender of the outstanding shad license and the execution of an application by the new owner or owners as in the case of an original application and the payment of the sum of $2.50 as a transfer fee, whereupon the commission shall issue a new shad license for the remainder of the license season.
30 Pa.C.S. § 2304 — PA Code / Title 30 / Chapter 23 / Section 2304
Fish migration studies.
Status: in_force

(a) General rule.--The commission may make comprehensive studies of the migratory habits of fish which include the stocking and tagging of shad below and above the Safe Harbor Dam, the Holtwood Dam and the Conowingo Dam.

(b) Assistance from government agencies.--The commission may cooperate with the Joint State Government Commission and invite and accept from the Federal Government cooperation and financial aid in connection with studies authorized in subsection (a).
30 Pa.C.S. § 7314 — PA Code / Title 30 / Chapter 73 / Section 7314
Penalty.
Status: in_force

Any person violating the provisions of this chapter commits a summary offense of the second degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) APPENDIX TO TITLE 30 FISH ------- Supplementary Provisions of Amendatory Statutes ------- 1991, DECEMBER 12, P.L.368, NO.39
30 Pa.C.S. § 904 — PA Code / Title 30 / Chapter 9 / Section 904
Interference with officers.
Status: in_force

(a) General rule.--Any person who interferes with any officer of this Commonwealth in the performance of his duty under the provisions of this title commits a summary offense of the first degree.

(a.1) Resisting inspection or apprehension.--Any person who by force, menace, threat or in any manner resists inspection

or arrest for violation of any of the provisions of this title or who refuses to go with an officer authorized to enforce this title after an arrest has been made commits a misdemeanor of the first degree.

(b) Assaulting an officer.--A violation of 18 Pa.C.S. §§ 2702 (relating to aggravated assault), that involves a person listed under 18 Pa.C.S. § 2702(c)(38), and 2702.1 (relating to assault of law enforcement officer) is an offense under this title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall apply.

(c) Producing identification.--Any person required by this title or the regulations promulgated hereunder to carry positive identification who refuses to produce such identification upon request of any officer or any holder of any license or permit issued under this title who refuses to sign his name in the presence of the officer when such action is requested to establish the person's identity commits a summary offense of the second degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Oct. 24, 2012, P.L.1205, No.150, eff. 60 days) 2012 Amendment. Act 150 amended subsec. (b).
30 Pa.C.S. § 901 — PA Code / Title 30 / Chapter 9 / Section 901
Powers and duties of waterways conservation officers and deputies.
Status: in_force

(a) Waterways conservation officers.--Every waterways conservation officer shall have the power and duty to:

(1) Enforce all laws of this Commonwealth relating to fish and watercraft and arrest with or without warrant any person violating this title.

(2) Execute all warrants and search warrants for violations of this title.

(3) Serve subpoenas issued for the examination, investigation and trial of all offenses under this title.

(4) Carry firearms or other weapons in the performance of their duties.

(5) Stop vehicles or boats and search or inspect, where probable cause exists that a violation of this title has occurred, any boat, basket, conveyance, vehicle, fish-box, bag, coat, boot or other receptacle, when enforcing this title. The waterways patrolman shall display his badge or other insignia of identification and shall state to the person in charge of the vehicle, conveyance or otherwise the purpose of the search.

(6) Seize and take possession of any and all fish which may have been caught, taken or killed at any time, in any manner or for any purpose, or had in possession or under

control, or have been shipped or about to be shipped contrary to the laws of this Commonwealth and the fish so seized shall be disposed of in any manner as the executive director may direct.

(7) Enter upon any land or water in the performance of their duties.

(8) Demand and secure proper assistance in case of emergency.

(9) Purchase fish for the purpose of securing evidence.

(10) Stop and board any boat subject to this title for the purpose of inspection for compliance with Part III (relating to boats and boating) and the rules and regulations promulgated thereunder. Any boat lying at its regular mooring or berth shall not be boarded without the consent of the owner or a search warrant.

(11) When making an arrest or apprehension or when found in the execution of a search warrant, seize all rods, reels, nets or other fishing devices of any description, fishing or boating paraphernalia, bait, boats or any unlawful device, implement or appliance used in violation of this title.

(12) When in the performance of their duties, pursue, apprehend or arrest any individual suspected of violating any provision of Title 18 (relating to crimes and offenses) or any other offense classified as a misdemeanor or felony. They shall also have the power to serve and execute warrants issued by the proper authorities for offenses referred to in this paragraph and to serve subpoenas issued for examination. All powers as provided for in this paragraph will be limited by such administrative procedure as the executive director, with the approval of the commission, shall prescribe.

(13) Arrange for the administration of chemical tests of breath, blood or urine to persons operating or in actual physical control of watercraft for the purpose of determining the alcoholic content of blood or the presence of a controlled substance under section 5125 (relating to chemical testing to determine amount of alcohol or controlled substance), by qualified personnel of a State or local police department, qualified waterways conservation officers or qualified personnel of a clinical laboratory licensed and approved by the Department of Health. A waterways conservation officer may administer chemical tests under this paragraph if he is qualified and the executive director designates him to do so.

(14) When in the performance of their duties, take fish and operate watercraft or vehicles in manners necessary to carry out enforcement duties, subject to such limitations as the executive director may prescribe.

(15) Request a person apprehended or stopped for any offense under this title to produce positive identification or to require such person to write his or her name in the presence of the officer in order to show identity.

(16) Operate any vehicle owned or leased by the Commonwealth and used for law enforcement purposes, equipped with flashing or rotating lights of such color and combination and audible devices as authorized in the definition of "emergency vehicle" in 75 Pa.C.S. § 102 (relating to definitions) upon any street or highway within this Commonwealth in the performance of their duties. Drivers of Commonwealth-owned or Commonwealth-leased vehicles equipped with lights and audible devices as authorized in this subchapter may exercise the privileges and shall be

subject to the conditions as set forth in 75 Pa.C.S. § 3105 (relating to drivers of emergency vehicles).

(17) When acting within the scope of the officer's employment, have the discretion to issue written or verbal warnings in lieu of making arrests or issuing citations.

(b) Deputy waterways conservation officers.--Except for the power conferred by subsection (a)(12), subject to such limitations as the executive director, with the approval of the commission, shall prescribe, deputy waterways conservation officers may exercise all the powers and perform all the duties conferred by this section on waterways conservation officers.

(c) Exception to the prohibition of interception and disclosure of communications.--(Deleted by amendment). (May 30, 1984, P.L.339, No.68, eff. 60 days; Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; Feb. 4, 2014, P.L.20, No.8, eff. 60 days; Oct. 31, 2014, P.L.3043, No.202, eff. 60 days; Nov. 24, 2025, P.L.326, No.53, eff. 60 days) 2025 Amendment. Act 53 deleted subsec. (c). See section 8 of Act 53 in the appendix to this title for special provisions relating to allocation of money. 2014 Amendments. Act 8 added subsec. (a)(17) and Act 202 added subsec. (c). 2012 Amendment. Act 211 amended subsec. (a)(12), (13) and

(16). 1999 Amendment. Act 41 amended the section heading and subsecs. (a) intro. par. and (b) and added subsec. (a)(14),

(15) and (16). Cross References. Section 901 is referred to in sections 305, 927 of this title.
30 Pa.C.S. § 2103 — PA Code / Title 30 / Chapter 21 / Section 2103
Stocked waters open for fishing.
Status: in_force

(a) General rule.--Any water area in this Commonwealth stocked with fish furnished by the commission shall be open to the public for the purpose of free lawful fishing.

(b) Liability for property damage.--This section does not exempt any person trespassing on the lands of any person in this Commonwealth from liability for any damage he may do to those lands or to any improvements, crops, livestock or poultry thereon.
30 Pa.C.S. § 5306 — PA Code / Title 30 / Chapter 53 / Section 5306
Certificate of registration.
Status: in_force

(a) Issuance.--Upon receipt of a signed application and upon the payment of the annual registration fee, the commission shall issue to the applicant owner a certificate of registration for his boat. The certificate of registration shall be pocket size.

(b) Carrying on boat.--The certificate of registration shall be available at all times for inspection on the boat for which issued whenever the boat is in operation, and shall be carried in such manner that it can be handed to any Federal, State or local law enforcement officer authorized to inspect it. The commission may, by regulation, exempt certain classes of boats from this requirement or prescribe alternate compliance requirements.

(c) Retention on shore.--The certificate of registration for boats less than 26 feet long, leased or rented for noncommercial use of less than seven days, may be retained on shore by the owner of the boat or his representative at the place from which the boat departs or returns to the possession of the owner or his representative. A boat that does not have the certificate of registration on board shall be identifiable while in use and shall comply with all other requirements.

(d) Duplicates.--The commission may issue a duplicate certificate of registration to the owner of a properly registered boat upon application by the owner on a form prescribed by the commission together with payment of the applicable fee.

(e) Penalty.--Any person violating any provision of this section commits a summary offense of the fourth degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Dec. 12, 1991, P.L.368, No.39, eff. imd.) 1991 Amendment. Act 39 amended subsecs. (a), (b) and (c). Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.
30 Pa.C.S. § 3508 — PA Code / Title 30 / Chapter 35 / Section 3508
Erection of bar racks to prevent entry of fish.
Status: in_force

(a) General rule.--Any person owning, leasing or maintaining a raceway, flume or inlet pipe leading to a water wheel, turbine pump or canal shall immediately upon receipt of a written order from the commission place and maintain a bar rack of not less than one-half inch nor more than one and one-half inch space between the bars in or near that raceway, flume or inlet pipe sufficient to prevent fish from entering it.

(b) Erection of bar racks by commission.--If one month after notice of violation of this section the person owning, leasing or operating such raceway, flume or inlet pipe has not placed a bar rack as directed, the commission may enter upon the raceway, flume or inlet pipe and place a bar rack of not less than one-half inch nor more than one and one-half inch space between the bars. The cost shall be charged against the owner, lessor or operator and may be recovered by civil suit or process in the name of the Commonwealth.

(c) Civil penalty.--Any person failing to comply with subsection (a) within one calendar month shall forfeit and pay a civil penalty of $100 for every day of violation.
30 Pa.C.S. § 2508 — PA Code / Title 30 / Chapter 25 / Section 2508
Restrictions on transport, sale, importation or release of nonnative injurious fish.
Status: in_force

(a) General rule.--No person shall transport, sell, offer for sale or release in this Commonwealth or import, bring or cause to be brought or imported into this Commonwealth a nonnative injurious fish.

(b) Regulations.--The commission shall promulgate regulations pertaining to nonnative injurious fish.

(c) Penalty.--Any person who violates this section commits a misdemeanor of the third degree. (July 7, 2006, P.L.355, No.75, eff. 60 days) 2006 Amendment. Act 75 added section 2508.
30 Pa.C.S. § 906 — PA Code / Title 30 / Chapter 9 / Section 906
Fleeing or attempting to elude an officer.
Status: in_force

(a) General rule.--A person who has been given a visual or audible signal to stop by a person authorized to enforce this title and who willfully fails or refuses to bring his vehicle or boat to a stop or who otherwise flees or attempts to elude a pursuing officer or enforcement vehicle or boat commits a summary offense of the first degree.

(b) Definition.--As used in this section, the term "visual or audible signal" includes a signal by hand, sign, voice, emergency lights, horn or siren. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 added section 906.
30 Pa.C.S. § 501 — PA Code / Title 30 / Chapter 5 / Section 501
Refund of moneys paid erroneously or unjustly.
Status: in_force

Whenever the commission is satisfied that any fee, fine or any other money was erroneously or unjustly paid into the State Treasury under any of the provisions of this title, the commission may by resolution, within two years after the payment, direct the executive director to draw a requisition upon the Fish Fund or Boat Fund, as appropriate, for the amount involved. Upon receipt of the requisition and an extract of the minutes of the commission, a refund shall be paid in favor of the person from whom the fee, fine or other money was erroneously or unjustly collected.
30 Pa.C.S. § 5125 — PA Code / Title 30 / Chapter 51 / Section 5125
Chemical testing to determine amount of alcohol or controlled substance.
Status: in_force

(a) General rule.--Any person who operates or is in actual physical control of the movement of a watercraft, upon, in or through the waters of this Commonwealth, shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if one of the following applies:

(1) a waterways conservation officer has reasonable grounds to believe the person operated or was in actual physical control of the movement of a watercraft in violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance); or

(2) the person operated or was in actual physical control of the movement of a watercraft which was involved in an accident in which the operator, passenger or any other person required treatment at a medical facility or was killed.

(b) Suspension for refusal.--

(1) If any person placed under arrest for a violation of section 5502 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but, upon notice by the waterways conservation officer, the commission shall suspend the boating privileges of the person as follows:

(i) Except as set forth in subparagraph (ii), for a period of 12 months.

(ii) For a period of 18 months if any of the following apply:

(A) The person's boating privileges have previously been suspended under this subsection.

(B) The person has, prior to the refusal under this paragraph, been sentenced for an offense under section 5502.

(2) It is the duty of the waterways conservation officer to inform the person that:

(i) the person's boating privileges will be suspended upon refusal to submit to chemical testing; and

(ii) if the person refuses to submit to chemical testing, upon conviction or plea for violating section 5502(a)(1), the person will be subject to the penalties provided in section 5502(c.1)(3).

(3) Any person whose boating privileges are suspended under this section shall have the same right of appeal as provided for in cases of suspension for other reasons.

(c) Test results admissible in evidence.--In any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 5502 or any other violation of this title arising out of the same action, the amount of alcohol or controlled substance in the defendant's blood, as shown by chemical testing of the person's breath, blood or urine by tests conducted by qualified persons using approved equipment, shall be admissible in evidence.

(1) Chemical tests of breath shall be performed on devices approved by the Department of Health using procedures prescribed jointly by regulations of the Department of Health and the Department of Transportation. Devices shall have been tested for accuracy within a period of time and in a manner specified by regulations of the Department of Health and the Department of Transportation. For purposes of breath testing, a qualified person means a person who has fulfilled the training requirement in the use of the equipment in a training program approved by the Department of Health and the Department of Transportation. A certificate or log showing that a device was tested for accuracy and that the device was accurate shall be presumptive evidence of those facts in every proceeding in which a violation of this title is charged.

(2)

(i) Chemical tests of blood or urine shall be performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal laboratory. For purposes of blood and urine testing, a qualified person means an individual who is authorized to perform those chemical tests under the act of September 26, 1951 (P.L.1539, No.389), known as The Clinical Laboratory Act.

(ii) For purposes of blood and urine testing to determine blood alcohol or controlled substance content levels, the procedures and equipment prescribed by the Department of Health shall be reviewed as provided for by 75 Pa.C.S. § 1547(c)(2)(ii) (relating to chemical testing to determine amount of alcohol or controlled substance).

(3) Chemical tests of blood or urine, if conducted by a facility located outside this Commonwealth, shall be performed:

(i) by a facility licensed and approved by the Department of Health for this purpose; or

(ii) by a facility licensed to conduct the tests by the state in which the facility is located and licensed pursuant to the Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).

(4) For purposes of blood testing to determine the amount of a Schedule I or nonprescribed Schedule II or III controlled substance or a metabolite of such a substance,

the minimum levels of these substances which must be present in a person's blood in order for the test results to be admissible in a prosecution for a violation of section 5502 or any other violation of this title arising out of the same action shall be the same as prescribed by the department under 75 Pa.C.S. § 1547(c)(4).

(d) Presumptions from amount of alcohol.--(Deleted by amendment).

(e) Refusal admissible in evidence.--In any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 5502 or any other violation of this title arising out of the same action, the fact that the defendant refused to submit to chemical testing as required by subsection (a) may be introduced in evidence, along with other testimony concerning the circumstances of the refusal. No presumptions shall arise from this evidence but it may be considered along with other factors concerning the charge.

(f) Other evidence admissible.--Subsections (a) through (i) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or a controlled substance or both.

(g) Test results available to defendant.--Upon the request of the person tested, the results of any chemical test shall be made available to him or his attorney.

(h) Test by personal physician.--The person tested shall be permitted to have a physician of his own choosing administer an additional breath, blood or urine chemical test and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the waterways conservation officer shall not be delayed by a person's attempt to obtain an additional test.

(i) Request by operator for test.--Any person involved in an accident or placed under arrest for a violation of section 5502 may request a chemical test of his breath, blood or urine. These requests shall be honored when it is reasonably practicable to do so.

(j) Immunity from civil liability and reports.--No physician, nurse or technician or hospital employing the physician, nurse or technician and no other employer of the physician, nurse or technician shall be civilly liable for withdrawing blood or obtaining a urine sample and reporting test results to an officer authorized to enforce this title at the request of the commission or an officer authorized to enforce this title. No physician, nurse or technician or hospital employing the physician, nurse or technician may administratively refuse to perform the tests and provide the results to the officer authorized to enforce this title except as may be reasonably expected from unusual circumstances that pertain at the time the request is made.

(k) Prearrest breath test authorized.--A waterways conservation officer, having reasonable suspicion to believe a person is operating or in actual physical control of the movement of a watercraft while under the influence of alcohol, may require that person, prior to arrest, to submit to a preliminary breath test on a device approved by the Department of Health for this purpose. The sole purpose of this preliminary breath test is to assist the waterways conservation officer in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in addition to any other requirements of this title. No person has any right to expect or demand a preliminary breath test. Refusal to submit

to the test shall not be considered for purposes of subsections

(b) and (e). (May 30, 1984, P.L.339, No.68, eff. 60 days; Oct. 31, 1997, P.L.485, No.49, eff. 60 days; Nov. 9, 2006, P.L.1375, No.149, eff. 60 days; July 8, 2007, P.L.82, No.27, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsec. (b)(2)(ii). 2007 Amendment. Act 27 amended subsecs. (a) and (c). 2006 Amendment. Act 149 amended subsecs. (a), (b), (c), (h) and (k) and deleted subsec. (d). 1997 Amendment. Act 49 amended subsec. (j). 1984 Amendment. Act 68 added section 5125. Cross References. Section 5125 is referred to in section 901 of this title.
30 Pa.C.S. § 2715 — PA Code / Title 30 / Chapter 27 / Section 2715
License, permit and issuing agent fees.
Status: in_force

(a) License fees.--Except as provided under subsection (c), the following fees apply to fishing licenses issued under this chapter and shall be paid into the Fish Fund:

(1) Resident Annual Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57 (relating to license, permit and issuing agent fees).

(2) Senior Resident Annual Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(3) Senior Resident Lifetime Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(4) Nonresident Annual Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(5) Seven-Day Tourist Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(6) Three-Day Tourist Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(6.1) One-Day Resident Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(6.2) One-Day Tourist Fishing License, in such amount as prescribed under 58 Pa. Code § 63.57.

(7) Replacement Fishing License, including related permits and privileges, in such amount as prescribed under 58 Pa. Code § 63.57.

(8) Transaction costs associated with the Pennsylvania Automated Licensing Service (PALS), actual costs not to exceed $1.

(a.1) Permit fees.--Except as otherwise provided in this title, the following fees apply to permits related to fish and fishing and shall be paid into the Fish Fund:

(1) Trout permits, in such amount as prescribed under 58 Pa. Code § 63.57.

(2) Resident charter boat/fishing guide permit, $100.

(3) Nonresident charter boat/fishing guide permit, $400.

(4) Special permit to fish in Lake Erie and tributaries, $8 or in such amount as prescribed under 58 Pa. Code § 63.57, whichever is greater.

(5) Combination trout permit and Lake Erie permit, in such amount as prescribed under 58 Pa. Code § 63.57.

(6) Transaction costs associated with the Pennsylvania Automated Licensing Service (PALS), actual costs not to exceed $1.

(b) Issuing agent fees.--Except as provided under subsection

(c), the issuing agent fee to be retained by the issuing agent as provided in section 2711 (relating to issuing agents) for fishing licenses and permits shall be $1.

(c) Changes to fees.--The fees listed under subsections

(a)(1), (2), (3), (4), (5), (6), (6.1), (6.2) and (7), (a.1)(1),

(4) and (5) and (b) may be changed by the commission in accordance with section 322.1 (relating to power to set fees). (July 6, 1995, P.L.310, No.47, eff. Dec. 1, 1995; Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 14, 2005, P.L.306, No.54, eff. imd.; Feb. 4, 2008, P.L.3, No.2, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.; Oct. 31, 2024, P.L.1116, No.129, eff. 60 days) 2024 Amendment. Act 129 amended subsecs. (a) and (a.1). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005. Cross References. Section 2715 is referred to in sections 322.1, 2701, 2702, 2702.1, 2704, 2711, 2714, 2716, 2717, 2904, 2907.2, 2907.3 of this title.
30 Pa.C.S. § 7102 — PA Code / Title 30 / Chapter 71 / Section 7102
Members of commission from Pennsylvania.
Status: in_force

(a) Designation and term.--In pursuance of Article III of the compact, there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from this Commonwealth. The first commissioner shall be the executive director of the Pennsylvania Fish and Boat Commission, ex officio, and the term of this commissioner shall terminate at the time he ceases to hold the office of executive director and his successor as commissioner shall be his successor as executive director. The second commissioner shall be a legislator and member of the Pennsylvania Commission on Interstate Cooperation, ex officio, designated by the Pennsylvania Commission on Interstate Cooperation, and the term of this commissioner shall terminate at the time he ceases to hold legislative office or office as a member of the Pennsylvania Commission on Interstate Cooperation and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of this commissioner shall be three years and he shall hold office until his successor is appointed and qualified. Vacancies occurring in the office of this commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.

(b) Delegate of executive director.--The executive director of the Pennsylvania Fish and Boat Commission, as ex officio commissioner, may delegate from time to time to any assistant or other subordinate in his agency or office, the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceeding of the commission.

(c) Terms of initial members.--The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the compact shall then have gone into effect in accordance with Article II of the compact; otherwise, they shall begin upon the date upon which the compact becomes effective in accordance with Article II.

(d) Removal from office.--Any commissioner may be removed from office by the Governor upon charges and after a hearing. (Mar. 19, 1992, P.L.18, No.7, eff. imd.) 1992 Amendment. Act 7 amended subsecs. (a) and (b). Appointment of Legislative Member. The Pennsylvania Commission on Interstate Cooperation was abolished when the statute creating it was repealed by the act of May 1, 1981 (P.L.22, No.9), which provided in section 3 that the legislative member of the Atlantic States Marine Fisheries Commission shall be jointly appointed by the President pro tempore of the Senate and the Speaker of the House of Representatives.
30 Pa.C.S. § 926 — PA Code / Title 30 / Chapter 9 / Section 926
Disposition of fines and penalties.
Status: in_force

(a) General rule.--Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure) and related penalties:

(1) Fines recovered in cases where the prosecutor is a salaried officer of the commission shall be immediately surrendered by the court receiving the fines to the prosecutor who, within 30 days of receipt, shall forward the fines and penalties to the executive director.

(2) Where any officer of this Commonwealth other than a salaried officer is the prosecutor, the fines and penalties shall, as soon as the case is fully determined, be forwarded by the court to the executive director through the district

waterways patrolman, together with a statement of the cause for which the fines were collected.

(3) All fines received under this section shall be paid into the State Treasury for the use of the Fish Fund or Boat Fund, as appropriate.

(b) Penalty.--Any person failing to forward fines in accordance with this section commits a summary offense of the first degree. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
30 Pa.C.S. § 2906 — PA Code / Title 30 / Chapter 29 / Section 2906
Permits for use of explosives.
Status: in_force

The executive director, with the approval of the commission, may grant permits for the use of explosives in waters for engineering purposes upon the payment of a fee of $50 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). The executive director may waive the payment of the fee for Commonwealth agencies and political subdivisions. Any person using explosives under a permit shall make restitution to the commission for all fish destroyed. A person who engages in an activity for which a permit is required under this section without first acquiring the permit commits a misdemeanor of the third degree. A person using explosives under a permit issued under this section who violates any of the terms and conditions of the permit commits a summary offense of the first degree. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 2906 is referred to in section 322.1 of this title.
30 Pa.C.S. § 2305 — PA Code / Title 30 / Chapter 23 / Section 2305
Threatened and endangered species.
Status: in_force

(a) Establishment and publication of lists.--The executive director shall establish a Pennsylvania Threatened Species List and a Pennsylvania Endangered Species List. The lists, and any revisions thereto, shall be published in the Pennsylvania Bulletin.

(b) Rules, regulations and permits.--The commission may promulgate rules and regulations governing the catching, taking, killing, importation, introduction, transportation, removal, possession, selling, offering for sale or purchasing of threatened and endangered species and, if deemed advisable, may issue permits for catching, taking or possessing any of those species.

(c) Penalty.--Any person intentionally violating any rule or regulation promulgated under this section commits a misdemeanor of the third degree. Each fish caught, taken, killed, imported, transported, removed, introduced, possessed, sold, offered for sale or purchased in violation of any rule or regulation promulgated under this section shall constitute a separate offense. Catching a threatened or endangered species shall not constitute a violation if it is immediately released where it was captured in the condition in which it was captured. (July 8, 2007, P.L.82, No.27, eff. imd.)
30 Pa.C.S. § 2904 — PA Code / Title 30 / Chapter 29 / Section 2904
Permits for protection and management of particular fish.
Status: in_force

(a) General rule.--Except as provided in subsections (b) and (c), the executive director, with the approval of the commission, may require permits for the taking, catching, killing, possession, introduction, removal, importing, transporting, exporting or disturbing of fish when it is determined that the permits may be needed to insure proper protection and management of any species of fish. The commission may establish fees for the issuance of permits and may promulgate rules and regulations concerning the issuance and provisions of the permits. Permits issued under this section may be revoked at any time at the discretion of the commission.

(b) Limit on fees.--The fee per permit for taking, catching, killing, possession, introduction, removal, importing, exporting or disturbing of trout is established in section 2715 (relating to license, permit and issuing agent fees).

(c) Limit on permits.--The commission shall not issue permits under the authority of this section for the taking, catching, killing, possession, introduction, removal, importing, exporting or disturbing of any game fish other than trout. This subsection shall not affect the issuance of permits for tagged fish contests in boundary lakes. (Dec. 17, 1990, P.L.724, No.180, eff. 60 days; Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsecs. (b) and (c). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.
30 Pa.C.S. § 2307 — PA Code / Title 30 / Chapter 23 / Section 2307
Waters limited to specific purposes.
Status: in_force

(a) General rule.--The commission may designate certain water areas for specific purposes and promulgate such rules and regulations as are deemed necessary to protect and manage the fishery therein.

(b) Penalty.--Any person violating any rule and regulation promulgated under subsection (a) commits a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
30 Pa.C.S. § 2902 — PA Code / Title 30 / Chapter 29 / Section 2902
Net permits.
Status: in_force

The commission may issue permits to use or possess nets larger than four feet square or four feet in diameter, or any other seine, trawl or gill net in or along waters of this Commonwealth. The permits when issued shall specify when and where the nets shall be used and for what purposes by the owner

or the persons in possession thereof at a fee of $10 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). (Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 2902 is referred to in section 322.1 of this title.
30 Pa.C.S. § 7103 — PA Code / Title 30 / Chapter 71 / Section 7103
Powers and duties of commission and Commonwealth agencies.
Status: in_force

The commission and the commissioners thereof shall have all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of the Commonwealth are directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the

compact in every particular, it being hereby declared to be the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State Government or Administration of the Commonwealth are hereby authorized and directed, at convenient times and upon request of the commission, to furnish the commission with information and data possessed by them or any of them and to aid the commission by loan of personnel or other means lying within their legal rights, respectively.
30 Pa.C.S. § 3509 — PA Code / Title 30 / Chapter 35 / Section 3509
Obstructing migration of fish.
Status: in_force

(a) General rule.--No person shall place any device or object in waters within this Commonwealth in a manner that obstructs the migration or passage of fish therein or obstructs any fishway but the commission may, as it deems necessary in the interest of fish management, authorize the erection of such devices and prescribe such conditions for the operation and maintenance of such devices as may be necessary for a fee of $10 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees).

(b) Fish rodeos.--After giving written notice to the commission, an organized fishing or sportsmen's club that has been in existence for a period of one year or more may obstruct the passage of fish for a period not exceeding 48 hours for the purpose of conducting fish rodeos the primary objective of which is to encourage fishing by children. Such obstructions shall not be erected more than twice in one year within a distance of one mile from any similar obstruction on the same stream or body of water. The obstructions shall be at least one-half mile from other such obstructions and shall be erected and designed in such a manner that fish will not normally be injured.

(c) Penalty.--Any person violating any provision of this section commits a summary offense of the first degree. (July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (a). Cross References. Section 3509 is referred to in section 322.1 of this title.
30 Pa.C.S. § 2104 — PA Code / Title 30 / Chapter 21 / Section 2104
Sunday fishing from private land.
Status: in_force

(a) General rule.--No person shall fish on any Sunday from privately owned land without the express or implied consent of the owner or lessee of the land abutting on a stream or body of water and of the bed thereunder. The consent shall be implied unless the landowner takes any reasonable action to negate his consent to Sunday fishing.

(b) Penalty.--Any person who violates this section commits a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
30 Pa.C.S. § 3501 — PA Code / Title 30 / Chapter 35 / Section 3501
Devices in dams to permit fish migration.
Status: in_force

(a) Erection on order of commission.--Any person now or hereafter erecting or maintaining a dam in the waters of this

Commonwealth shall, immediately on a written order from the commission, erect therein such chutes, slopes, fishways, gates or other devices as the commission may deem necessary to enable the fish to ascend and descend the waters at all seasons of the year.

(b) Payments where devices not practicable.--In lieu of requiring the erection of chutes, slopes, fishways, gates or other devices at any dam where they are not deemed by the commission to be practicable or advisable for the ascending or descending of fish, the commission may enter into an agreement with the owner, lessee or operator of the dam, to pay to the commission, annually or at other stated periods, a sum of money which shall be not less than 2 1/2% per year upon the estimated cost of the erection of chutes, slopes, fishways, gates or other devices, plus the estimated cost of reasonable depreciation and maintenance of the same, except in cases where the sum of the interest, depreciation and maintenance so calculated would be equal to or exceed the sum of $25,000 per year, in which case the annual payment shall be $25,000 per year.

(c) Use of moneys.--These moneys shall be expended by the commission for:

(1) The stocking with fish of the waters of the stream dammed.

(2) The propagating, rearing and distributing of fish placed in the waters and the acquisition of the necessary facilities therefor.

(3) Carrying out such other fish managing practices in the waters as are deemed proper by the commission for the improvement of public fishing opportunities therein.

(d) Receipt and appropriation of moneys.--Any money received by the commission under such an agreement shall be paid into the Fish Fund and is hereby specifically appropriated to be expended by the commission for the purposes specified in subsection (c).

(e) Surveys and experimentations by commission.--When funds are available for those purposes, the commission shall conduct and encourage such surveys and experimentations as may be necessary and feasible in order to discover and develop such chutes, slopes, fishways, gates or other devices as may successfully pass migratory fish over the dams. Cross References. Section 3501 is referred to in sections 3502, 3504, 3505 of this title.
30 Pa.C.S. § 7310 — PA Code / Title 30 / Chapter 73 / Section 7310
Records and reports by licensees.
Status: in_force

Each shad licensee shall keep a daily record of his catch on forms provided by the commission and shall provide a copy of his record for the commission at weekly intervals during the fishing season.
30 Pa.C.S. § 2303 — PA Code / Title 30 / Chapter 23 / Section 2303
Federal cultural stations.
Status: in_force

The Commonwealth consents and accords to the Federal Government and its agents the right to establish fish cultural stations in this Commonwealth and to conduct fish hatching and fish culture at the hatcheries in any manner and at any time the Federal Government deems necessary and proper.
30 Pa.C.S. § 7301 — PA Code / Title 30 / Chapter 73 / Section 7301
Legislative findings and declarations.
Status: in_force

The General Assembly finds and declares as follows:

(1) Since fish at large in the waters of this Commonwealth are a natural resource, protection and conservation of this resource in the public interest is the obligation of the Commonwealth.

(2) The shad which inhabit the waters of the Delaware River system constitute a potentially valuable source of food and raw materials and, under proper management, are capable of producing a constant and abundant harvest without depletion of the species and consequent shortages of supply. The important shad fishery of the Delaware River has been depleted so that the actual harvest is far below the potential yield of this resource which at one time yielded as much as 16,000,000 fish yearly but in recent years has yielded only a few hundred thousand pounds. This depletion has caused a denial to the consuming public of a constant and adequate supply of these vitamin rich foods within a reasonable price range that consistent and abundant supply would make possible, and has caused decline and instability in the fishing industry in this river system. The restoration of this species in the Delaware River has become an enterprise of vast economic importance to this Commonwealth.

(3) It is a matter of public interest and for the public welfare and health for the Commonwealth to take such measures as are necessary to control the intensity of fishing pressure in order that the restoration of this valuable species may be accomplished and that the species may attain the maximum sustained yield consistent with the preservation of an adequate brood stock. Legislative limitation of the size of the mesh of nets, size limits and other like measures are not effective in conserving this species.

(4) In accordance with the purposes of the Atlantic States Marine Fisheries Compact to which this Commonwealth is a party and in order to carry out the policy of the Commonwealth as it relates to the shad inhabiting the waters of the Delaware River and in order to restore this depleted fishery, it is necessary, proper and expedient to establish a system of licensing designed to control increases in the intensity of fishing pressure so that increases in fishing pressure will be brought into balance with the population of shad in the Delaware, to the end that the shad fisheries of the waters of the Delaware River and its tributaries will be restored and will produce the maximum sustained yield consistent with the conservation of that species. Since the stabilization of fishing operations is an activity promoting the public interest, the payment of license fees and the imposing and controlling of the restrictive provisions of this chapter upon the general public is an equitable contribution on its part arising from the privileges of harvesting this natural resource.
30 Pa.C.S. § 724 — PA Code / Title 30 / Chapter 7 / Section 724
Certification of title or title insurance.
Status: in_force

The title records for lands acquired shall first be carefully searched and examined by the commission and when the commission is satisfied that a valid title can be secured the commission shall obtain a certification of title from an attorney at law or title insurance from a title company authorized to do business within this Commonwealth insuring the title of the commission to the lands being acquired or brought under its control.
30 Pa.C.S. § 2505 — PA Code / Title 30 / Chapter 25 / Section 2505
Interference or damage to hatchery or nursery property.
Status: in_force

(a) General rule.--No person shall destroy or tamper with any ponds, property or appliances whatsoever of the commission, Federal Government or cooperative nursery approved by the commission, nor interfere with, obstruct, pollute or affect the natural flow of water into or through any of these facilities.

(b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.
30 Pa.C.S. § 2702.1 — PA Code / Title 30 / Chapter 27 / Section 2702.1
One-day resident fishing license.
Status: in_force

(a) General rule.--A person required to have a fishing license under section 2701 (relating to resident fishing licenses) may fish in any waters of this Commonwealth or in any boundary waters for a period not to exceed 24 hours, specified by the person at time of purchase, with a One-Day Resident Fishing License upon payment of a license fee and issuing agent fee set forth in section 2715 (relating to license, permit and issuing agent fees).

(b) Limitation on issue.--One-Day Resident Fishing Licenses shall not be issued for fishing during the period from March 15 to April 30 of any year.

(c) Additional stamps and permits required.--Holders of One-Day Resident Fishing Licenses shall obtain all required special permits, including trout permits, special permits to fish in Lake Erie and tributaries and combination trout permits and Lake Erie permits. (Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 14, 2005, P.L.306, No.54, eff. imd.; Feb. 4, 2008, P.L.3, No.2, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.)

2020 Amendment. Act 56 amended subsec. (c). 2008 Amendment. Act 2 amended subsec. (b). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.
30 Pa.C.S. § 2503 — PA Code / Title 30 / Chapter 25 / Section 2503
Littering.
Status: in_force

(a) General rule.--It is unlawful for any person to throw, discard, leave, emit, deposit or allow the depositing of any garbage, bottles, cans, rubbish, wire, glass, paper, cardboard or wooden boxes or cartons or any other type of debris, trash or other thing or substance in or along any waters or on any lands adjacent or contiguous to waters or in such manner that the thing or substance deposited flows into or is carried by wind into such waters or lands.

(b) Evidence.--In prosecutions for violations of this section the operator of a motor vehicle or watercraft shall be deemed to have allowed the depositing of any thing or substance thrown, discarded, emitted or deposited from such motor vehicle or watercraft.

(c) Penalty.--Any person who deposits or otherwise disposes of a thing or substance in violation of this section which causes or may cause damage to, or destruction of, fish commits a summary offense of the first degree. Any person who transports household refuse or garbage from another location and disposes of it by leaving it on lands or waters open to fishing or boating commits a summary offense of the second degree. Any person who otherwise violates this section commits a summary offense of the third degree. In addition to the penalties set forth in section 923 (relating to classification of offenses and penalties), an additional penalty of not less than $20 nor more than $50 for each item or piece of litter thrown, discarded, left, emitted or deposited in violation of this section may be imposed on any person who is convicted or acknowledges guilt of a violation of this section. In addition to the penalties under section 923, a person who is convicted or acknowledges guilt of a violation of this section shall be liable to pay, upon demand of the person having legal control of the land or water, a sum equal to the cost of disposal of the discarded item. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 1, 2020, P.L.522, No.40, eff. 60 days) 2020 Amendment. Act 40 amended subsec. (c).
30 Pa.C.S. § 327 — PA Code / Title 30 / Chapter 3 / Section 327
Volunteer program.
Status: in_force

(a) Volunteer program.--The commission shall have the power and authority to do all things necessary and expedient to maintain a volunteer program and to promulgate rules and regulations under this section.

(b) Services of individuals without compensation.--The executive director or his designee is authorized to recruit, train and accept, without regard to the civil service classification laws, rules or regulations, the services of individuals without compensation as volunteers for or in aid of interpretive functions, education and information programs, boating safety and water rescue programs, conservation measures, habitat improvement and other activities related to fish and fishing and boats and boating.

(c) Expenses.--The commission is authorized to pay reasonable and necessary expenses for volunteers, in accordance with Statewide guidelines, for transportation, uniforms, lodging and subsistence.

(d) Status of volunteers.--

(1) Except as otherwise provided in this section, a volunteer shall not be deemed to be a Commonwealth employee and shall not be subject to the provisions of law relating to Commonwealth employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and Commonwealth employee benefits.

(2) Volunteers performing work under the terms of this section acting within the scope of their volunteer duties shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated for the purposes of automotive and general liability as employees of the Commonwealth.

(3) For the purposes of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, volunteers under this section shall be deemed employees of the Commonwealth.

(4) No volunteer shall be assigned to any full-time or wage position that is covered by any labor agreement, presently filled, vacant or authorized in the commission.

(5) As to civil damages, the standard of care for acts or omissions by commission volunteers acting within the scope of their duties shall be as set forth in 42 Pa.C.S. § 8332.4 (relating to volunteer-in-public-service negligence standard). (Jan. 29, 1998, P.L.31, No.7, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsec. (d)(4). 1998 Amendment. Act 7 added section 327.
30 Pa.C.S. § 305 — PA Code / Title 30 / Chapter 3 / Section 305
Deputy waterways conservation officers.
Status: in_force

(a) Appointment and training.--The executive director, with the approval of the commission, may appoint deputy waterways conservation officers to act anywhere within this Commonwealth. Newly appointed deputy waterways conservation officers, excluding reappointments, shall attend such training programs as may be required by the commission, which shall include at a minimum:

(1) Successful completion of training and obtaining a certificate of qualification under the act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act, or equivalent training as determined by the executive director, prior to appointment.

(2) Successful completion of not less than 250 hours of law enforcement classroom and on-the-job training. All deputy waterways conservation officers, including reappointments, shall attend all annual in-service training as may be required by the commission. Persons appointed under this section may exercise the powers of their appointments until December 31 of each year unless their appointment is sooner revoked, suspended or withdrawn.

(b) Compensation.--Deputy waterways conservation officers shall not be entitled to any salary, compensation or expenses for their services from the Commonwealth, unless authorized by the executive director of the commission, in which case they shall receive compensation and/or reasonable expenses in accordance with a Statewide pay scale and standards as established by the Executive Board. Deputy waterways conservation officers are volunteers. When acting within the scope of their official duties, deputy waterways conservation officers shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.

(c) Powers and duties.--Deputy waterways conservation officers appointed under the authority of this section may exercise the powers and duties of their appointments until December 31 of each year and no longer unless their commissions are sooner revoked, suspended or withdrawn. The powers and duties of deputy waterways conservation officers shall be subject to such limitations as the executive director, with the approval of the commission, shall prescribe. The executive director may authorize deputy waterways conservation officers to exercise the same powers and perform the same duties as waterways conservation officers except that deputy waterways conservation officers shall not exercise the powers and duties set forth in section 901(a)(12) (relating to powers and duties of waterways conservation officers and deputies). (Jan. 29, 1998, P.L.31, No.7, eff. imd.; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsecs. (a) and (b). Cross References. Section 305 is referred to in section 102 of this title.
30 Pa.C.S. § 929 — PA Code / Title 30 / Chapter 9 / Section 929
Suspension of privileges pending payment of penalties.
Status: in_force

All fishing and boating privileges granted by this title shall automatically be suspended if a defendant fails to respond to a citation or summons within 30 days or fails to pay all penalties in full within 90 days following conviction or a guilty plea. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
30 Pa.C.S. § 721 — PA Code / Title 30 / Chapter 7 / Section 721
Acquisition of property.
Status: in_force

(a) General rule.--The commission may by purchase, gift, lease, eminent domain or otherwise acquire within this Commonwealth:

(1) Title to, or control of, lands, waters and buildings.

(2) Fishing rights, easements, rights-of-way or other interests in land and waters which are suitable for:

(i) The protection, propagation and management of fish life.

(ii) Public fishing and boating and access thereto.

(iii) Administrative purposes.

(iv) Such other uses as are provided for in this title.

(b) Consent required.--All acquisitions of lands shall be made only with the consent of a majority of the members of the commission.

(c) Tax delinquent lands and waters.--The commission may purchase tax delinquent lands and waters from the commissioners or treasurers of the various counties as provided by law.
30 Pa.C.S. § 323 — PA Code / Title 30 / Chapter 3 / Section 323
Publications.
Status: in_force

The executive director may have printed the annual report of the commission and such bulletins, literature, posters and other printing as may be appropriate to the work of the commission including the magazine known as the Pennsylvania Angler. The commission shall from time to time establish the subscription rates for the Pennsylvania Angler and charges for its other publications. All publications published by the commission shall be nonpartisan.
30 Pa.C.S. § 2708 — PA Code / Title 30 / Chapter 27 / Section 2708
Institutional licenses.
Status: in_force

Any resident of this Commonwealth who is a resident patient in a Commonwealth owned or supported medical or rehabilitation institution or county home or hospital, is a veteran and a patient in a United States Government Veterans' Administration Hospital or in a State veterans' home, or is a juvenile of a State youth development center or forestry camp, and who may benefit from recreational fishing during the course of treatment, rehabilitation or hospitalization is eligible for inclusion on an institutional license issued by the commission to a qualifying institution at no cost. The commission shall establish policies and procedures for the issuance of institutional licenses. The commission may revoke license issuing privileges of any institution for failure to comply with any provisions of this chapter, the regulations promulgated thereunder and the policies and procedures established hereunder. (June 25, 1982, P.L.631, No.180, eff. Jan. 1, 1983; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
30 Pa.C.S. § 924 — PA Code / Title 30 / Chapter 9 / Section 924
Costs for summary offenses.
Status: in_force

Any person convicted of a summary offense under this title shall, in addition to the fine imposed, be sentenced to pay costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch. 17 (relating to governance of the system). (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
30 Pa.C.S. § 5343 — PA Code / Title 30 / Chapter 53 / Section 5343
Construction.
Status: in_force

Nothing in this subchapter shall be construed to authorize a marine business to transfer any right, title or interest in a boat or any related equipment in violation of section 307 of the Servicemembers Civil Relief Act (Public Law 108-89, 50 App. U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption from civil process).
30 Pa.C.S. § 303 — PA Code / Title 30 / Chapter 3 / Section 303
Assistant executive directors.
Status: in_force

(a) Appointment and compensation.--The executive director, with the approval of the commission, may, in accordance with law and the classification and compensation plans of the Commonwealth as established by the Executive Board, appoint and fix the compensation of two assistant executive directors, one of whom shall be in charge of and responsible for watercraft safety and the other of whom shall be in charge of and responsible for fisheries and engineering.

(b) Assistant for watercraft safety.--The assistant executive director of the commission in charge of watercraft safety shall reside in this Commonwealth at the time of appointment and have five or more years of experience with ships or boats and have either a college degree or at least ten years experience in administration. The assistant executive director shall:

(1) Direct, administer and coordinate the activities of the commission relating to watercraft, boats and boating, including the enforcement of Part III (relating to boats and boating) and the rules and regulations promulgated thereunder, and the improvement and maintenance of waterway facilities including aids to navigation.

(2) Coordinate and supervise all expenditures from the Boat Fund.

(3) Administer the boating education programs of the commission. (Dec. 20, 2000, P.L.828, No.115, eff. imd.) 2000 Amendment. Act 115 amended subsec. (a).
30 Pa.C.S. § 2907.2 — PA Code / Title 30 / Chapter 29 / Section 2907.2
Lake Erie fishing permits.
Status: in_force

(a) Permit required.--No person shall fish in Lake Erie, Presque Isle Bay and their tributaries, including waters that flow into those tributaries, without first procuring an annual special permit to fish in Lake Erie and tributaries or a combination trout permit and Lake Erie permit.

(b) Fee.--The annual fee and the issuing agent fee for the special permit issued in this section shall be as provided in section 2715 (relating to license, permit and issuing agent fees).

(c) Exemptions.--Persons entitled to free fishing licenses under section 2707 (relating to disabled veterans) and persons exempt from fishing license requirements under Chapter 27 (relating to fishing licenses) are exempt from the requirements of this section. Holders of Senior Resident Lifetime Fishing Licenses issued under section 2701 (relating to resident fishing

licenses) shall meet the requirements of this section by purchasing one annual special permit which shall be valid for the licensee's lifetime.

(d) Regulations.--The commission may promulgate regulations for the display of the special permit and manner in which it may be affixed to the fishing license or carried with the licensee.

(e) Penalty.--Any person violating the provisions of this section or the regulations promulgated hereunder commits a summary offense of the third degree.

(f) Proceeds from special permit.--(Deleted by amendment).

(f.1) Lake Erie permits.--

(1) The proceeds from the fees for the special permits to fish in Lake Erie and tributaries as provided for under section 2715(a.1)(4) (relating to license, permit and issuing agent fees) and $6 of the fees for the combination trout permits and Lake Erie permits as provided for under section 2715(a.1)(5) shall be deposited into a restricted account within the Fish Fund.

(2) The funds in the restricted account shall be used to provide public fishing access or to protect or improve fish habitat on or at Lake Erie, Presque Isle Bay and their tributaries, including waters that flow into those tributaries. The funds may also be used for other projects that support public fishing on or at Lake Erie, Presque Isle Bay and their tributaries.

(g) Termination of permit requirement.--(Deleted by amendment).

(h) Accounting.--(Deleted by amendment). (Oct. 5, 1994, P.L.534, No.79, eff. imd.; June 29, 2002, P.L.672, No.101, eff. imd.; Nov. 29, 2004, P.L.1286, No.159, eff. imd.; Aug. 27, 2009, P.L.377, No.40, eff. 60 days; Oct. 24, 2012, P.L.1323, No.167, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsecs. (a) and (f.1). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.
30 Pa.C.S. § 522 — PA Code / Title 30 / Chapter 5 / Section 522
Expenditures from Fish Fund.
Status: in_force

(a) Approval of estimated expenditures.--Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the Governor for his approval as in the case of other appropriations made to Commonwealth agencies.

(b) Expenditures not to exceed approved estimates.--The State Treasurer shall not honor any requisition for the expenditure of any moneys by the commission in excess of the estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made.
30 Pa.C.S. § 5123 — PA Code / Title 30 / Chapter 51 / Section 5123
General boating regulations.
Status: in_force

(a) General rule.--The commission may promulgate such rules and regulations as it deems appropriate to provide for the operation and navigation of boats, including the rules of the road for boating, the ways, manner, methods and means of boating, the management of boats and the use thereof and the protection of waters for boating purposes. The rules and regulations may relate to:

(1) Protection of the health and safety of persons on boats, towed by boats, or on, in or along the waters of this Commonwealth.

(2) Protection of property on, in or along the waters of this Commonwealth and of fish and other aquatic life in such waters.

(3) Boat noise and sound levels.

(4) Capacity and loading of boats.

(5) Equipment requirements for boats, operators of boats, passengers on boats and persons towed or pulled by boats.

(6) Lights, signals, courses, channels, rights-of-way and hazards to navigation.

(7) The placing and lighting of aids, markers, floats, ramps or other devices or structures of any description in the waters of this Commonwealth.

(8) Disposal of oil, gas, gasoline, trash, rubbish, debris, wastes and other things and substances of any description from boats.

(9) Procedures to be followed and information to be supplied by owners and operators of boats in reporting boating accidents.

(b) Penalties.--Any person who violates a rule or regulation promulgated under this section which the commission designates as being for the protection of the health and safety of persons as provided by subsection (a)(1) commits a summary offense of the second degree. Any person who violates any other regulation promulgated under this section commits a summary offense of the third degree. In addition to any other penalty, any person who is convicted or acknowledges guilt for an offense of possessing insufficient, nonapproved or unserviceable safety equipment on a boat, or for passengers, or persons being towed by a boat on the waters of this Commonwealth may be fined an additional penalty of not less than $20 nor more than $50 for every piece of safety equipment required that is missing, not worn when required, not of an approved type or unserviceable. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsec. (b).
30 Pa.C.S. § 5334 — PA Code / Title 30 / Chapter 53 / Section 5334
Notice for boats and related equipment.
Status: in_force

Any time 30 days after the terminal date, if a marine business chooses to have all rights, title and interest in a boat or any related equipment transferred to the marine business by operation of law, the marine business shall on the same day send the following two written notices by certified mail, return receipt requested:

(1) To an address designated in writing by the customer or, if not so designated, to the customer's last known address, indicating that the marine business intends to terminate all rights, title and interest in the boat or any related equipment by operation of law under this subchapter. If the marine business is sending a notice to the customer pursuant to 75 Pa.C.S. § 7324 (relating to notification by watercraft trailer dealer), it may send the notice required by this paragraph in the same mailing. The notice shall contain:

(i) The name, address and telephone number of the marine business.

(ii) A description of the boat, including make, model and year, and the hull identification number, a registration number or temporary decal number.

(iii) A description of any related equipment.

(iv) Notice that the marine business intends to terminate the owner's and lienholder's rights, title and interest in the boat and any related equipment by operation of law under this subchapter.

(v) The amount which must be paid to the marine business to redeem the boat and any related equipment as of the date of the notice.

(2) To the commission indicating that the marine business intends to terminate all rights, title and interest in the boat or any related equipment by operation of law under this subchapter. This notice shall be accompanied by a fee of $50 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees) and shall be on a form prescribed by the commission. (July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 5334 is referred to in sections 322.1, 5336, 5339 of this title; section 7324 of Title 75 (Vehicles).
30 Pa.C.S. § 5502.4 — PA Code / Title 30 / Chapter 55 / Section 5502.4
Aggravated assault by watercraft.
Status: in_force

(a) Offense defined.--An individual who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of a provision of this title or regulations promulgated under this title applying to the operation or equipment of boats or watercraft, except section 5502 (relating to operating watercraft under influence of alcohol or controlled substance), commits aggravated assault by watercraft, a felony of the third degree, when the violation is the cause of the injury.

(b) Definition.--As used in this section, the term "serious bodily injury" means any bodily injury that creates a substantial risk of death or that causes serious permanent

disfigurement or protracted loss or impairment of the function of any bodily member or organ. (July 1, 2020, P.L.522, No.40, eff. 60 days) 2020 Amendment. Act 40 added section 5502.4.
30 Pa.C.S. § 532 — PA Code / Title 30 / Chapter 5 / Section 532
Expenditures from Boat Fund.
Status: in_force

(a) Approval of estimated expenditures.--Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the Governor for his approval as in the case of other appropriations made to Commonwealth agencies.

(b) Expenditures not to exceed approved estimates.--The State Treasurer shall not honor any requisition for the expenditure of any moneys by the commission in excess of the estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made.
30 Pa.C.S. § 5503 — PA Code / Title 30 / Chapter 55 / Section 5503
Accident reports.
Status: in_force

(a) Duty to file.--In case of a watercraft accident on the waters of this Commonwealth, the operator of each watercraft involved in the accident shall submit a written accident report to the commission within the time prescribed and containing such information as may be required by regulation. If an operator of a watercraft is physically incapable, as a result of the accident, of making a report, the report shall be made by the owner of the watercraft or the investigating official, in that order. The investigating official will only sign this report when the others are not available.

(b) Confidentiality.--All reports of watercraft accidents shall be considered privileged and shall be filed without prejudice to the person filing the report. The reports shall be for the information of the commission and shall not be open for public inspection except as provided in this section.

(c) Admissibility in evidence.--The fact that the reports have been made shall be admissible in evidence only to prove compliance with the requirements of this section. No report or any part thereof or any statement contained therein shall be admissible in evidence for any other purposes in any civil or criminal trial arising out of the accident.

(d) Furnishing abstracts.--The commission shall, upon request, furnish any person a certified abstract of the accident report. The abstract shall be limited to the date, time, location, weather conditions, names and addresses of the operators, passengers and witnesses and description of the watercraft involved in the accident.

(e) Penalties.--Any person who fails to file a completed accident report required by this section commits a summary offense of the second degree. Any person who files a report beyond the time limits prescribed by regulation or without providing all the material information required by regulation commits a summary offense of the third degree. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) 1999 Amendment. Act 41 amended subsec. (e).
30 Pa.C.S. § 5506 — PA Code / Title 30 / Chapter 55 / Section 5506
Permitting violations.
Status: in_force

(a) Offense.--It is unlawful for a person to authorize or knowingly permit a boat owned by him or under his control to be operated in violation of any of the provisions of this title.

(b) Penalty.--Any person violating this section commits a summary offense of the first degree. If the operator of the boat is convicted under section 5502 (relating to operating watercraft under influence of alcohol or controlled substance), 5502.1 (relating to homicide by watercraft while operating under influence) or 5502.2 (relating to homicide by watercraft), the person violating this section shall also be subject to revocation under section 928 (relating to revocation, suspension or denial of license, permit or registration). (Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 added section 5506.
30 Pa.C.S. § 905 — PA Code / Title 30 / Chapter 9 / Section 905
Reciprocal enforcement on Delaware River.
Status: in_force

So long as the State of New York or the State of New Jersey, as the case may be, has in effect a statutory provision analogous to this section, any person who is authorized to enforce this title or a reciprocating state may enforce this title on any part of the Delaware River between those states or on the shores of that river.
30 Pa.C.S. § 2109 — PA Code / Title 30 / Chapter 21 / Section 2109
Serious unlawful take.
Status: in_force

(a) Prohibited conduct.--It shall be unlawful to do any of the following from any waters of this Commonwealth, boundary waters or lands:

(1) During the closed season, take, catch, kill or possess fish having a replacement cost in excess of $500.

(2) Take, catch, kill or possess three or more times the daily limit of fish.

(b) Grading.--Any person violating subsection (a) commits a misdemeanor of the second degree. (Oct. 24, 2012, P.L.1323, No.167, eff. imd.) 2012 Amendment. Act 167 added section 2109. Section 5(3) of Act 167 provided that section 2109 shall apply to violations occurring on or after the effective date of Act 167. Cross References. Section 2109 is referred to in section 923 of this title.
30 Pa.C.S. § 5502.3 — PA Code / Title 30 / Chapter 55 / Section 5502.3
Aggravated assault by watercraft while operating under influence.
Status: in_force

(a) Offense defined.--Any person who negligently causes serious bodily injury to another person as the result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section 5502 commits a felony of the second degree when the violation is the cause of the injury.

(b) Definition.--As used in this section, the term "serious bodily injury" means any bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (Nov. 9, 2006, P.L.1375, No.149, eff. 60 days) 2006 Amendment. Act 149 added section 5502.3.
30 Pa.C.S. § 3102 — PA Code / Title 30 / Chapter 31 / Section 3102
Fees.
Status: in_force

(a) Class A lakes.--The annual license fee for a Class A regulated fishing lake (except temporary fishing ponds operated as regulated fishing lakes) shall be based on the total area of fishing water on the premises to be licensed, whether the area consists of one body of water or more than one.

(1) Where the total area of water is less than 20 acres, the fee shall be $100.

(2) Where the total water area is 20 acres or more but less than 40 acres, the fee shall be $250.

(3) Where the area is 40 acres or more, the fee shall be $500.

(b) Class B lakes.--The annual license fee for a Class B regulated fishing lake (except temporary fishing ponds operated as regulated fishing lakes) shall be based on the total area of fishing water on the premises to be licensed, whether the area consists of one body of water or more than one.

(1) Where the total area of water is less than 30 acres, the fee shall be $50.

(2) Where the total area of water is 30 acres or more, the fee shall be $100.

(c) Temporary fishing ponds.--

(1) Except as otherwise provided in paragraph (3), the annual license fee for a temporary fishing pond which the operator seeks to operate as a Class A regulated fishing lake shall be $200.

(2) The annual license fee for a temporary fishing pond which the operator seeks to operate as a Class B regulated fishing lake shall be $50.

(3) The annual license fee for a temporary fishing pond which is operated as a Class A regulated fishing lake exclusively by or on behalf of a nonprofit sportsmen's, conservation or charitable organization shall be $25.

(d) Changes to fees.--The fees listed under this section may be changed by the commission in accordance with section 322.1 (relating to power to set fees). (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 10, 2020, P.L.604, No.56, eff. imd.)

2020 Amendment. Act 56 added subsec. (d). Cross References. Section 3102 is referred to in sections 322.1, 3106 of this title.
30 Pa.C.S. § 326 — PA Code / Title 30 / Chapter 3 / Section 326
Limitation on regulatory jurisdiction.
Status: in_force

The commission shall have no regulatory jurisdiction over the program whereby the Department of Environmental Protection sprays Bacillus thuringiensis israeliensis (Bti) on Commonwealth waters for control of blackfly. (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days) 1996 Amendment. Act 185 added section 326.
30 Pa.C.S. § 5344 — PA Code / Title 30 / Chapter 53 / Section 5344
Rules and regulations.
Status: in_force

(a) General rule.--The commission may promulgate rules and regulations as it deems necessary to carry out the provisions of this subchapter.

(b) Penalty.--Any person who violates a rule or regulation promulgated under this section commits a summary offense of the third degree.
30 Pa.C.S. § 2506 — PA Code / Title 30 / Chapter 25 / Section 2506
Commonwealth actions for damage to fish.
Status: in_force

(a) Declaration of policy.--The Commonwealth has sufficient interest in fish living in a free state to give it standing, through its authorized agencies, to recover damages in a civil action against any person who kills any fish or who injures any streams or streambeds by pollution or littering. The proprietary ownership, jurisdiction and control of fish, living free in nature, are vested in this Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, perpetuate, propagate and maintain the fish population as a renewable natural resource of this Commonwealth.

(b) General rule.--The commission, as an agency of the Commonwealth authorized to regulate, control, manage and perpetuate fish may, in addition to criminal penalties provided in this title, bring civil suits in trespass on behalf of the Commonwealth for the value of any fish killed or any stream or streambed destroyed or injured in violation of this chapter. In determining the value of fish killed, the commission may consider all factors that give value to such fish. These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of angling for the fish killed. In addition, the commission is entitled to recover the costs of gathering the evidence, including expert testimony, in any civil suit brought under this section where the defendant is found otherwise liable for damages.
30 Pa.C.S. § 3103 — PA Code / Title 30 / Chapter 31 / Section 3103
Exemption from fishing regulations.
Status: in_force

Fish may be taken from a regulated fishing lake without limitation on size, season or possession limit.
30 Pa.C.S. § 5704 — PA Code / Title 30 / Chapter 57 / Section 5704
Penalties.
Status: in_force

(a) Grading and penalties.--An individual violating this chapter:

(1) For a first offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500, in addition to restitution costs.

(2) For a second offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000, in addition to restitution costs.

(3) For a third or subsequent offense, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay restitution costs.

(b) Definition.--For purposes of this subsection, the term "restitution costs" shall include costs for towing, storage, notice, publication mailing or any other costs associated with the removal or junking of a boat. Cross References. Section 5704 is referred to in section 5703 of this title.
30 Pa.C.S. § 2504 — PA Code / Title 30 / Chapter 25 / Section 2504
Pollution of waters.
Status: in_force

(a) General rule.--No person, regardless of intent, shall:

(1) Put or place in any waters within or on the boundaries of this Commonwealth any electricity, explosives or any poisonous substances except that, for the purposes of research and fish management, agents of or persons authorized by the executive director may use any method or means to collect, eradicate or control fish.

(2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters within or bordering on this Commonwealth.

(b) Evidence.--In criminal prosecutions under this section for water pollution known to be injurious to fish, it is not necessary to prove that the violation has actually caused the death of, or damage to, any particular fish.

(c) Construction of section.--This section does not repeal or supersede any of the provisions of the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law."

(d) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.
30 Pa.C.S. § 2102 — PA Code / Title 30 / Chapter 21 / Section 2102
Rules and regulations.
Status: in_force

(a) General rule.--The commission may promulgate such general and special rules and regulations as it deems necessary and appropriate concerning fish and fishing in the waters of, and elsewhere in, this Commonwealth, including regulations concerning the protection, preservation and management of fish and fish habitat, permitting and prohibiting fishing, the ways, manner, methods and means of fishing, and the health and safety of persons who fish or may be in the vicinity of such persons on, in or along the waters of, or elsewhere in, this Commonwealth. Any person violating a rule or regulation promulgated under this subsection which the commission designates as being for the protection of fish or fish habitat or for the health and safety of persons who fish commits a summary offense of the second degree. Any person violating any other rule or regulation promulgated under this subsection commits a summary offense of the third degree.

(b) Seasons, sizes, creel limits and devices.--The rules and regulations may establish seasons, sizes, and possession limits for fish and fishing, regulate the possession of certain species, the number and types of devices and tackle allowed, the identification of such devices and the use and possession of such devices. Any person who violates a rule or regulation promulgated under this subsection commits a summary offense of the third degree.

(c) Transportation and sale of fish.--Rules and regulations may also be promulgated concerning the transportation or introduction of, or importation into or within this Commonwealth or exporting of fish, the selling, offering for sale or purchase of fish or the disturbing of fish in their natural habitat. Unless specifically provided otherwise by this title, any person violating any rule or regulation promulgated under this subsection commits a summary offense of the second degree.

(d) Traps, seines, nets and other devices.--Rules and regulations may also be promulgated stipulating the size of traps, seines, nets and other devices, along with the minimum and maximum size of the mesh of the devices, the manner and location wherein the devices may be used, the species they may be used for, and the season when the devices may be used. Any person violating any rule or regulation promulgated under this subsection commits a summary offense of the first degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 amended subsecs. (a) and (b).
30 Pa.C.S. § 5501 — PA Code / Title 30 / Chapter 55 / Section 5501
Reckless and negligent operation of watercraft.
Status: in_force

(a) Reckless operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth in a reckless manner. For the purposes of this subsection, reckless operation means operating a watercraft in a manner that consciously, willfully and wantonly disregards a substantial and unjustifiable risk to the safety of persons or property in, upon or along the waters of this Commonwealth. Reckless operation of a watercraft involves a gross deviation from the standard of care that a reasonable operator of a watercraft should observe under the circumstances. A person who violates this subsection commits a misdemeanor of the third degree.

(b) Negligent operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth in a negligent manner. A person commits negligent operation of a watercraft if he operates the watercraft without due regard for the safety of persons or property in, upon or along the waters of this Commonwealth. Negligent operation of a watercraft involves a deviation from the ordinary standard of care that a reasonable operator of a watercraft should observe under the circumstances. A person who violates this subsection commits a summary offense of the first degree. Negligent operation is a lesser included offense of reckless operation of a watercraft.

(c) Aquaplanes and similar devices.--No person shall operate or manipulate any boat, tow rope, aquaplane or similar device in such a way as to cause the device or person thereon to collide with or strike against any object or person or in any way cause damage or injury to any object or person. A person who violates this subsection commits a summary offense of the first degree.

(d) Exceeding capacity prima facie evidence of negligence.--Exceeding the loading and horsepower limits for a boat as provided on the capacity plate issued for the boat is prima facie evidence of negligent operation of the boat.
30 Pa.C.S. § 7304 — PA Code / Title 30 / Chapter 73 / Section 7304
Permitted nets and devices.
Status: in_force

(a) Unauthorized nets or devices prohibited.--The use of any net or device other than those set forth in subsection (b) for the catching of shad in the Delaware River and Bay and their tributaries is prohibited.

(b) Nets and devices which may be used.--The following nets and devices may be used in the Delaware River and Bay and their tributaries:

(1) Haul seines not less than five and one-fourth inches stretched mesh while being fished and not to exceed 420 feet in length, whether singly or attached.

(2) Fyke or hoop nets with leaders not exceeding 180 feet in length with no part of the net or leaders to be less than two and one-half inches stretched mesh while being fished.

(3) Stake gill nets, either staked or anchored, the smallest stretched mesh of which shall be three inches while being fished and shall not exceed 180 feet in length. A shad net with minimum stretched mesh of five and one-fourth inches while being fished may exceed 180 feet but may not be greater than 300 feet in length.

(4) Drift gill nets (run around or stab nets) the smallest mesh of which shall be two and three-fourths inches stretched while being fished and the length of which shall not exceed 1200 feet.

(5) Hand line, including rod and reel. Cross References. Section 7304 is referred to in section 7306 of this title.
30 Pa.C.S. § 2502 — PA Code / Title 30 / Chapter 25 / Section 2502
Disturbance of waterways and watersheds.
Status: in_force

(a) General rule.--No person shall alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits.

(b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.
30 Pa.C.S. § 3503 — PA Code / Title 30 / Chapter 35 / Section 3503
Closing of devices for repair or nonuse.
Status: in_force

Any chute, fishway or other device may be closed for repairs or when not needed with written approval of the commission.
30 Pa.C.S. § 5304 — PA Code / Title 30 / Chapter 53 / Section 5304
Issuing agents.
Status: in_force

(a) Designation.--The commission may designate as issuing agents the county treasurer (or in counties where, by virtue of an optional plan of government or home rule charter, there is no county treasurer, the official who performs the ordinary functions of a county treasurer) or such other persons in each county, as it deems advantageous, to provide for the issuance of boat registrations in accordance with the provisions of this subchapter.

(b) Fee.--For all services rendered in collecting and paying over registration fees, each issuing agent shall charge and retain an additional fee not exceeding $2 or as otherwise established by the commission in accordance with section 322.1

(relating to power to set fees) from the person securing the registration. If the issuing agent is a county treasurer or other official who performs that function, the fee shall be retained for the use of the county.

(c) Bond.--Every issuing agent shall give bond to the Commonwealth, in a sum determined by the executive director, before any supply of registration forms is delivered to him.

(d) Disposition of moneys.--Every issuing agent shall forward all moneys collected, along with all appropriate forms, to the commission within ten days after receipt of each and every registration. Delinquent agents are subject to a penalty of 10% per month or portion of a month on any outstanding balance of registration money due the commission which is not paid when due, which penalty shall be compounded monthly. The commission may recall the agency of any issuing agent after a delinquency period of 30 days.

(d.1) Rules and regulations.--The commission may promulgate such rules and regulations to control and supervise the issuance and transfer of boat registrations by issuing agents as it deems necessary. The commission may establish administrative fees for boat registration issuing agents. County treasurers shall be exempt from payment of any administrative fee established by the commission.

(e) Penalty.--An issuing agent violating subsection (d) commits a summary offense of the first degree. Any issuing agent violating any other provision of this section or the rules and regulations of the commission commits a summary offense of the third degree. In addition to the penalty provided in this subsection, any issuing agent violating any provision of this title may have his agency recalled in the discretion of the commission. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; July 2, 1996, P.L.467, No.73; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (b). 2000 Amendment. Act 115 amended subsec. (d.1). 1999 Amendment. Act 41 amended subsec. (e) and added subsec.

(d.1). 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5304 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325. Cross References. Section 5304 is referred to in section 322.1 of this title.
30 Pa.C.S. § 6 — PA Code / Title 30 / Chapter 6 / Section 6
Free resident fishing licenses for permanently disabled residents.
Status: in_force

(a) Financial feasibility study.--The Pennsylvania Fish and Boat Commission shall assign staff to study the financial feasibility of providing a free resident fishing license to permanently disabled residents of this Commonwealth.

(b) Report.--The commission shall issue a report of its findings to the Game and Fisheries Committee of the Senate and the Game and Fisheries Committee of the House of Representatives within one year of the effective date of this act. Explanatory Note. Act 115 amended sections 303, 304, 305, 742, 923, 2709 and 5304 of Title 30.

2025, NOVEMBER 24, P.L.326, NO.53
30 Pa.C.S. § 5706 — PA Code / Title 30 / Chapter 57 / Section 5706
Nuisances.
Status: in_force

This chapter is not intended to alter or supersede any law or ordinance regarding the investigation, removal, abatement or prevention of nuisances under the jurisdiction of the State or a municipality or any available enforcement mechanism, remedy or penalty relating to nuisances under State law or municipal ordinance.
30 Pa.C.S. § 5337 — PA Code / Title 30 / Chapter 53 / Section 5337
Publication for boats and related equipment.
Status: in_force

(a) General rule.--At any time after the date the marine business receives notice from the commission pursuant to section 5336 (relating to responsibility of commission), the marine business shall publish a notice, once a week for two consecutive weeks, in a newspaper of general circulation published in the county where the marine business is located, describing the boat or any related equipment and any identifying data as prescribed by the commission.

(b) Contents of notice.--The notice shall include information that all rights, title and interest in the boat or any related equipment shall be transferred to the marine business by operation of law unless the boat or any related equipment is redeemed within 30 days of the date of the second publication. This notice may be combined with a publication of notice pursuant to 75 Pa.C.S. § 7326 (relating to publication). Cross References. Section 5337 is referred to in sections 5339, 5340 of this title; section 7326 of Title 75 (Vehicles).
30 Pa.C.S. § 922 — PA Code / Title 30 / Chapter 9 / Section 922
Possession prima facie evidence of violation.
Status: in_force

In all cases of violation of any provision of this title, the possession of fish or the possession or operation of nets, equipment or other devices prohibited under this title shall be prima facie evidence of the violation.
30 Pa.C.S. § 702 — PA Code / Title 30 / Chapter 7 / Section 702
Execution of contracts and leases.
Status: in_force

The executive director shall represent the commission in the execution of land purchase contracts and in the execution of leases and other similar agreements approved by the commission.
30 Pa.C.S. § 2701 — PA Code / Title 30 / Chapter 27 / Section 2701
Resident fishing licenses.
Status: in_force

(a) General rule.--For the purposes of this chapter, any person is eligible for a "Resident Annual Fishing License" when the person:

(1) Has applied to an issuing agent within this Commonwealth or to the commission.

(2) Has established the person's identity, age and the fact that the person is a bona fide resident of this Commonwealth to the satisfaction of the issuing agent or the commission by producing a motor vehicle driver's license or some other positive means of identification.

(3) Has paid the issuing agent or the commission a license fee and issuing agent fee as set forth in section 2715 (relating to license and issuing fees).

(b) Senior citizens.--A person who is or will be 65 years of age or older in the year of application who establishes the person's identity, age and the fact that the person is a bona fide resident of this Commonwealth to the satisfaction of the issuing agent or the commission by producing a motor vehicle driver's license or some other positive means of identification is eligible for a "Senior Resident Annual Fishing License" upon payment of the license fee and issuing agent fee set forth in section 2715. The application shall give the date of birth of the applicant. Any person who qualifies to purchase a Senior Resident Lifetime Fishing License may, in lieu thereof, purchase a Senior Resident Lifetime Fishing License which shall be valid for the person's lifetime upon the payment of a license fee and issuing agent fee set forth in section 2715. (June 25, 1982, P.L.631, No.180, eff. Jan. 1, 1983; July 20, 1983, P.L.53, No.27, eff. Jan. 1, 1984; Mar. 19, 1992, P.L.18, No.7, eff. imd.; July 6, 1995, P.L.310, No.47, eff. Dec. 1, 1995) 1995 Amendment. Section 5 of Act 47 provided that the license fees and issuing agent fees established by Act 47 shall apply to fishing licenses issued for the 1996 fishing license year and thereafter. Special Provisions in Appendix. See section 6 of Act 115 of 2000 in the appendix to this title for special provisions relating to free resident fishing licenses for permanently disabled residents. Cross References. Section 2701 is referred to in sections 2702, 2702.1, 2707, 2707.1, 2708.1, 2907.2 of this title.
30 Pa.C.S. § 909 — PA Code / Title 30 / Chapter 9 / Section 909
Interference with lawful fishing and boating prohibited.
Status: in_force

(a) General rule.--Except as otherwise provided in this title, it is unlawful for a person at the location where lawful fishing or boating is taking place to intentionally obstruct or physically interfere with the lawful fishing or boating.

(b) Activities that violate section.--A person violates this section if that person intentionally or knowingly commits any of the following:

(1) Disturbs fish in their habitat for the purpose of disrupting the lawful taking of fish where another person is engaged in the process of lawful fishing.

(2) Blocks or impedes another person who is engaged in the process of lawful fishing or boating.

(3) Uses natural or artificial visual, aural, olfactory or physical stimuli to affect fish behavior in order to hinder or prevent the lawful taking of fish.

(4) Creates or erects barriers with the intent to deny ingress or egress to areas where the lawful fishing or boating is permitted.

(5) Places obstructions or objects in the waters of this Commonwealth for the purpose of hindering lawful fishing or boating.

(6) Fails to obey the order of any officer authorized to enforce this title to cease and desist from conduct in violation of this section.

(c) Exception.--The conduct declared unlawful in this section does not include any lawful activities arising from ownership and occupancy of private lands, farming, mining, forestry practices, activities associated with oil and gas drilling and production, recreation and similar activities or exercise of defendant's rights of free speech under the Constitution of the United States or the Constitution of Pennsylvania. Nothing contained in this section shall be construed to authorize any interference with or disruption of activities associated with oil and gas drilling, production site restoration or other conduct necessary for compliance with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act, or other laws or regulations of the Commonwealth by the operator of the oil and gas site. In addition, nothing contained in this section shall be construed to authorize any interference with or disruption of activities conducted pursuant to a permit or other authorization of a Federal, State or local government agency or any other government agency.

(d) Enforcement and recovery of damages.--The commission or any person who is lawfully engaged in fishing or boating who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.

(e) Penalties.--A violation of this section is a summary offense of the first degree. (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days) 1996 Amendment. Act 185 added section 909.
30 Pa.C.S. § 5332 — PA Code / Title 30 / Chapter 53 / Section 5332
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Customer." A person who contracts for the services of a marine business concerning a boat, any related equipment or a watercraft trailer.

"Marine business." A person who repairs, remanufactures, restores, alters, stores, cleans or holds for brokerage or consignment sale boats, any related equipment or watercraft trailers. This term includes, but is not limited to, a marina, watercraft dealer, watercraft trailer dealer, boat club, yacht club, repair facility or storage facility.

"Related equipment." Personal property:

(1) related to a boat in the possession of a marine business, including a motor; or

(2) found in or on a boat in the possession of a marine business. The term does not include a watercraft trailer as defined in 75 Pa.C.S. § 7322 (relating to definitions).

"Terminal date." Either of the following:

(1) In the case of any repair, remanufacture, restoration, alteration, cleaning or storage, absent a

written agreement to the contrary, the term means the date upon which a bill is mailed or otherwise provided to the customer for a completed repair, remanufacture, restoration, alteration, cleaning or storage for a boat, related equipment or watercraft trailer.

(2) In the case of consignment or brokerage, the term means the last date under the brokerage or consignment contract or agreement.

"Watercraft trailer." A trailer designed or used to transport watercraft.
30 Pa.C.S. § 2708.1 — PA Code / Title 30 / Chapter 27 / Section 2708.1
Farmlands open to public fishing.
Status: in_force

(a) Fishing agricultural lands without license.--Unless the privilege to fish has been denied, any person domiciled within this Commonwealth who has reached his 16th birthday and, except for payment of any fee, meets the requirements prescribed in section 2701 (relating to resident fishing licenses) and, as a primary means of gaining a livelihood, is regularly and continuously engaged in cultivating the soil for general farm crop purposes, commercial truck growing, commercial orchards

or commercial nurseries, as either the owner, lessee or tenant of these lands, or as a member of the family or household, or regularly hired help of the owner, lessee or tenant, shall be eligible to fish on lakes and ponds located wholly within said lands and in rivers and streams open to free public fishing flowing through these lands, including the woodlands connected therewith and operated as a part thereof, without a fishing license as required in this title. Any person eligible to fish on these lands without securing the required license may also, by and with the written consent of the owner or lessee thereof, fish upon any lands other than those publicly owned which lie immediately adjacent to and are connected with the lands upon which these persons may lawfully fish without securing a license.

(b) Reduced fee license.--A resident owner or possessor of land comprising greater than 80 contiguous acres farmed under a conservation plan which does not conflict with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, and which meets the requirements of 25 Pa. Code Ch. 102 (relating to erosion control) and which has a stream, creek or river of at least 200 linear feet in length flowing through or a lake or pond of at least one-half acre in area on this land if that person permits free public fishing shall, if that person desires to fish in waters located off that property, be issued a resident fishing license at one-half the regular fee upon application to the commission. The license shall be issued to the owner or possessor or an immediate family member of either the owner or possessor living in the same household so designated by the owner or possessor in the case of a single owner or possessor and to the individual so designated in the case of more than one owner or possessor. No person shall be issued a fishing license under this subsection unless the person is 16 years of age or older, has met the requirements prescribed in section 2701 and has not been denied the privilege to fish. A person entitled to receive a fishing license under this subsection shall certify to the commission in the form and manner prescribed by the commission that the land tract that person owns or possesses is presently in the ownership or possession of that person and that the waters described are open to free public fishing.

(c) Definition.--As used in this section, the term "person" shall be limited to any person cultivating, as a primary means of gaining a livelihood, any lands for general or specialized crop purposes, truck farming or fruit orchard or nursery being regularly maintained, as either the owner, lessee or a member of the family of the owner or lessee assisting with the cultivation of the land, or a domiciled member of the household of the owner or lessee or an employee of the owner or lessee, regularly and continuously assisting in the cultivation of the land. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) 1999 Amendment. Act 41 added section 2708.1.
30 Pa.C.S. § 5336 — PA Code / Title 30 / Chapter 53 / Section 5336
Responsibility of commission.
Status: in_force

(a) Notice to lienholders and other persons.--Upon receipt of the notice specified in section 5334 (relating to notice for boats and related equipment), the commission shall:

(1) If the boat is registered or titled in this Commonwealth, notify, if on record with the commission, any lienholders and the owner or, if the boat is not titled, the last registrant by certified mail, return receipt requested, that a marine business intends to acquire all rights, title and interest in the boat or any related equipment. The notice shall contain the name, address and telephone number of the marine business.

(2) If the boat has a registration number, temporary decal number or other identifying indicia evidencing that the boat is registered or titled in another state or is federally documented, the commission shall contact the other state or the United States Coast Guard and attempt to ascertain the name and address of any lienholder and the last registrant or owner. The commission shall provide notice to those persons by certified mail, return receipt requested, that a marine business intends to acquire all rights, title and interest in the boat or any related equipment. The notice shall contain the name, address and telephone number of the marine business.

(b) Notice to marine business.--The commission shall notify the marine business:

(1) that the commission notified any lienholders and the owner of the boat or, in the case of an untitled boat, the last registrant in accordance with this section; or

(2) that the commission was unable to provide notice in accordance with this section. Cross References. Section 5336 is referred to in section 5337 of this title.
30 Pa.C.S. § 7312 — PA Code / Title 30 / Chapter 73 / Section 7312
Withdrawal of licenses issued in prior year.
Status: in_force

(a) General rule.--When the United States Fish and Wildlife Service or its successor certifies, on the basis of scientific evidence, that the catch of shad in the Delaware River and Bay and their tributaries has declined 100,000 fish or more under the previous year's catch in such waters and that there is evidence of prospective depletion, or when the commission, after investigation and on the basis of scientific evidence, finds that the fishery is threatened by depletion or that the fishing rate is too high to permit the continuance of a constant annual yield or that present exploitation threatens the future maximum yield of that fishery, it shall provide for the withdrawal in the following season of some or all of the licenses previously issued. In this connection, it may enter into administrative agreements with the pertinent administrative officials of the other states mentioned in section 7308 (relating to issuance of additional licenses) for the purpose of arranging a joint reduction of units of gear.

(b) Notice of intention.--When units of gear are to be reduced, the commission shall give public notice, in the manner set forth in section 7308, of intention to do so and of the number and character of units of gear to be withdrawn and from which areas.

(c) Method of withdrawal.--In effecting a reduction of fishing effort under the provisions of this section the commission shall withdraw shad licenses to be affected in the inverse order in which the shad licenses were issued except that if reduction of fishing intensity is sought with respect to a particular area or a particular operation license,

withdrawals shall be in the inverse order in which the licenses were issued for that area or operation. In all instances where this procedure cannot be followed, resort shall be had to lots.
30 Pa.C.S. § 3504 — PA Code / Title 30 / Chapter 35 / Section 3504
Civil penalty for noncompliance.
Status: in_force

Any person failing to comply with section 3501 (relating to devices in dams to permit fish migration) or 3502 (relating to operation and maintenance of devices) within three calendar months of the date of notice provided in section 3501 shall forfeit and pay to the Commonwealth a civil penalty of $100 for

every day he fails to comply. The penalty shall be recovered by civil suit or process in the name of the Commonwealth.
30 Pa.C.S. § 2716 — PA Code / Title 30 / Chapter 27 / Section 2716
Vouchers for licenses and permits.
Status: in_force

(a) General rule.--The commission may make available, at its offices and through its issuing agents, vouchers for licenses and permits that may be purchased on behalf of a third party. The voucher shall be in the format prescribed by the commission and shall contain the following information:

(1) A voucher number.

(2) The identifying number of the issuing agent.

(3) The type of license or permit for which the voucher may be redeemed.

(4) The date of issuance.

(5) The date of expiration.

(b) Fees.--A person purchasing a voucher shall pay the fees for the type of license or permit being purchased and the issuing agent fee as provided in section 2715 (relating to license, permit and issuing agent fees) unless otherwise exempt from such fees under this title.

(c) Redemption.--

(1) The voucher shall only be redeemed for the type of license or permit indicated on the voucher and for which the applicable fees have been paid by the purchaser of the voucher.

(2) A voucher must be redeemed prior to its expiration date. No issuing agent fee shall be charged at the time of redemption.

(3) A voucher shall be redeemed by any issuing agent regardless of where the voucher was purchased.

(4) At the time of redemption, the bearer of a voucher shall establish that he meets the eligibility requirements for the type of license indicated on the voucher and the issuing agent that redeems the voucher shall secure positive proof of identification, residency and age from the bearer.

(d) Restrictions.--

(1) The bearer of a voucher is subject to all restrictions relating to the issuance, denial or revocation of a license or permit provided in this title or any other title, law or regulation.

(2) A voucher does not constitute a fishing license or permit, and it is unlawful to use a voucher in lieu of a fishing license or permit.

(e) Regulations.--The commission may promulgate regulations to implement this section.

(f) Penalties.--Any person violating this section commits a summary offense of the first degree. Any person committing a second or subsequent violation of this section in a 12-month period commits a misdemeanor of the second degree. Any person

violating the regulations promulgated under this section commits a summary offense of the second degree. (June 11, 2008, P.L.180, No.26, eff. imd.) 2008 Amendment. Act 26 added section 2716.
30 Pa.C.S. § 923 — PA Code / Title 30 / Chapter 9 / Section 923
Classification of offenses and penalties.
Status: in_force

(a) General rule.--The following penalties shall be imposed for violations of this title:

(1) For a summary offense of the first degree, a fine of $250 or imprisonment not exceeding 90 days.

(2) For a summary offense of the second degree, a fine of $150 or imprisonment not exceeding 20 days.

(3) For a summary offense of the third degree, a fine of $75.

(4) For a summary offense of the fourth degree, a fine of $25.

(5) For a misdemeanor of the third degree, a fine of not less than $250 nor more than $5,000, or imprisonment not exceeding 90 days, or both.

(6) For a misdemeanor of the second degree, a fine of not less than $500 nor more than $5,000, or imprisonment not exceeding two years, or both.

(7) For a misdemeanor of the first degree, a fine of not less than $1,500 nor more than $10,000, or imprisonment not exceeding five years, or both.

(8) For a felony of the third degree, a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both.

(9) For a felony of the second degree, a fine of not less than $5,000 nor more than $25,000, or imprisonment not exceeding ten years, or both.

(b) Additional fine.--In addition to the penalties in subsection (a), a fine of not less than $20 nor more than $50 may be imposed for each fish taken, caught, killed, possessed or sold in violation of this title or for each illegal device used by an angler while in the act of fishing. In computing the number of fish taken, caught, killed, possessed or sold, the

number immediately returned unharmed to the water where they were taken shall be omitted.

(c) Additional penalty for fishing without license or permit or operating boat without registration.--In addition to the penalties in subsection (a), a person convicted or acknowledging guilt of the offense of fishing without a license in violation of section 2703 (relating to possession and display of licenses) or 2908 (relating to penalties) or operating an unregistered boat for which registration is required shall pay an additional penalty equal to two times the cost of the annual license, permit or registration which the person was required to possess in order to fish or operate a boat requiring registration.

(c.1) Additional penalty for serious unlawful take.--In addition to the penalties in subsections (a) and (b), a person convicted or acknowledging guilt of violating section 2109 (relating to serious unlawful take) or 2110 (relating to taking or possessing by illegal methods) shall be assessed the costs incurred by the commission for the replacement of the species involved in the violation in an amount determined by regulation of the commission consistent with the values established by the American Fisheries Society or other recognized professional fisheries organization. Replacement costs may only be assessed for violations relating to federally listed threatened or endangered species and any other species of fish designated by the commission.

(d) Repeat offenders.--Except as provided in section 5502 (relating to operating watercraft under influence of alcohol or controlled substance), a person who is convicted or acknowledges guilt of a second or subsequent violation of this title or the regulations promulgated under this title within 12 months of a prior offense under this title shall be sentenced as a repeat offender. An extract from commission records maintained in the ordinary course of business showing that the person was convicted or acknowledged guilt of two or more offenses under this title on separate occasions within a 12-month period shall be prima facie evidence that the person is a repeat offender. In addition to the fine set forth in subsection (a), a repeat offender may be sentenced to pay an additional fine as follows:

(1) $200 if all the offenses committed within the 12-month period were classified as summary offenses under this title.

(2) $1,000 if any of the offenses committed within the 12-month period were classified as misdemeanors of the third degree and none were classified as misdemeanors of the first or second degree or felonies.

(3) $2,500 if any of the offenses committed within the 12-month period were classified as misdemeanors of the first or second degree or felonies.

(e) Title 18 inapplicable.--Title 18 (relating to crimes and offenses) is inapplicable to this title insofar as it relates to fines and imprisonment for convictions of summary offenses, misdemeanors and felonies. (May 30, 1984, P.L.339, No.68, eff. 60 days; Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Oct. 31, 1997, P.L.485, No.49, eff. 60 days; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; July 8, 2007, P.L.82, No.27, eff. imd.; Oct. 24, 2012, P.L.1323, No.167, eff. imd.) 2012 Amendment. Act 167 amended subsecs. (a)(1), (2) and

(3) and (b) and added subsec. (c.1). Section 5(1) of Act 167

provided that the amendment or addition of subsecs. (a)(1), (2) and (3), (b) and (c.1) shall apply to violations occurring on or after the effective date of Act 167. 2007 Amendment. Act 27 amended subsecs. (a)(6) and (7) and

(d). Cross References. Section 923 is referred to in sections 703, 2503, 3510 of this title; section 4223 of Title 3 (Agriculture).
30 Pa.C.S. § 2907.3 — PA Code / Title 30 / Chapter 29 / Section 2907.3
Fishing guide and charter boat permits.
Status: in_force

(a) General rule.--It is unlawful for any person to operate a charter boat or fishing guide operation on the waters of this Commonwealth without first obtaining a charter boat/fishing guide permit from the commission and paying the fee specified in section 2715 (relating to license, permit and issuing agent fees).

(b) Issuing agent status.--Holders of charter boat/fishing guide permits may be designated as special issuing agents for the purpose of selling to their customers One-Day Resident Fishing Licenses, One-Day Tourist Fishing Licenses, Three-Day Tourist Fishing Licenses, Seven-Day Tourist Fishing Licenses, trout permits, special permits to fish in Lake Erie and tributaries and combination trout permits and Lake Erie permits for the fees specified in section 2715.

(c) Penalties.--Any person who operates as a fishing guide or operates a charter boat on the waters of this Commonwealth without first obtaining the necessary permit commits a summary offense of the first degree and shall, in addition to any other fine or penalty, pay an additional fine equal to two times the charter boat/fishing guide permit required of that person. Any person violating any other provision of this section or any

rule or regulation promulgated under this section commits a summary offense of the second degree.

(d) Regulations.--The commission may promulgate rules and regulations for fishing guides and charter boats.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Charter boat." A boat operated as a commercial enterprise which carries passengers for hire for the purpose of fishing on the waters of this Commonwealth.

"Commercial enterprise." An operation where a person provides fishing guide or charter boat services in exchange for any consideration, including money, goods or services.

"Fishing guide." A person who operates a commercial enterprise whereby he guides or leads other persons for the purpose of fishing on the waters of this Commonwealth. (Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 14, 2005, P.L.306, No.54, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (b). 2004 Amendment. Act 159 added section 2907.3. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.
30 Pa.C.S. § 925 — PA Code / Title 30 / Chapter 9 / Section 925
Acknowledgment of guilt and receipts for payment.
Status: in_force

(a) General rule.--Subject to subsection (d), a person charged with violating any provision of this title which is a summary offense may sign, within ten days of the commission of the offense, an acknowledgment of the offense committed and pay to any authorized officer of the commission the penalty in full as fixed by this title. The printed receipt for this payment shall only prove full satisfaction of the monetary fine for the offense committed and in no way shall limit the commission from further revoking fishing or boating privileges.

(b) Notice of right to hearing.--Before any person signs an acknowledgment pursuant to this section, he will be advised of his right to a hearing in a judicial proceeding. The printed receipt shall have prominently printed thereon a statement that the person charged has a right to a hearing and that if he elects to sign the acknowledgment he is forfeiting that right.

(c) Stopping payment of check.--Any person who makes payment to the commission by personal check for an acknowledgment pursuant to this section and who stops payment on the check commits a summary offense of the second degree. The official receipt for payment of the penalty, issued by an authorized officer of the commission, shall become void and the prosecution of the person or persons named on the receipt shall be allowed to continue.

(d) Limitations on acknowledgments of guilt.--On and after December 31, 1999, acknowledgments of guilt pursuant to this section shall be used only in such counties as the commission may designate by regulation for such use upon a finding that the county has summary offense procedures that differ from those used in other counties. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) Cross References. Section 925 is referred to in sections 301, 930 of this title.
30 Pa.C.S. § 5326 — PA Code / Title 30 / Chapter 53 / Section 5326
Offenses relating to titling.
Status: in_force

(a) Prohibited acts.--The following acts are prohibited:

(1) Operating a boat in this Commonwealth for which a certificate of title is required without having obtained the certificate of title for the boat.

(2) Selling, transferring or otherwise disposing of a boat without delivering to the purchaser or transferee a certificate of title, or a manufacturer's or importer's certificate, assigned to the purchaser or transferee as required by this subchapter.

(3) Failing to surrender to the commission any certificate of title upon cancellation of the same by the commission for any valid reason set forth in this subchapter or regulations adopted under this subchapter.

(4) Altering or forging any certificate of title to a boat or any assignment thereof or any cancellation of any lien on a boat.

(5) Altering, forging or counterfeiting any certificate of title or a manufacturer's or importer's certificate to a boat.

(6) Altering or falsifying any assignment of a certificate of title or an assignment or cancellation of a security interest on a certificate of title of a boat.

(7) Holding or using a certificate of title to a boat or holding or using any assignment or cancellation of a security interest on a certificate of title to a boat, knowing it to have been altered, forged, counterfeited or falsified.

(8) Using a false or fictitious name or address, making any material false statement or concealing any material fact in any application for a certificate of title or in a bill of sale or sworn statement of ownership.

(9) Procuring or attempting to procure a certificate of title to a boat or passing or attempting to pass a

certificate of title or any assignment thereof to a boat, knowing or having reason to believe that the boat has been stolen.

(10) Possessing, buying, receiving, selling or offering to sell or otherwise disposing of a boat on which the manufacturer's or assigned hull identification number has been destroyed, removed, covered, altered or defaced, knowing of such destruction, removal, covering, alteration or defacement of the manufacturer's or assigned hull identification number.

(11) Destroying, removing, covering, altering or defacing the manufacturer's assigned hull identification number on any boat.

(12) Possessing, buying, selling, exchanging or giving away or offering to buy, sell, exchange or give away the certificate of title to any boat which is junked or salvaged.

(13) Knowingly obtaining goods, services, credit or money by means of a certificate of title to a boat, which certificate is required by law to be surrendered to the commission.

(b) Penalties.--A person who violates subsection (a)(1) through (3) commits a summary offense of the second degree. A person who violates subsection (a)(4) through (13) commits a misdemeanor of the third degree.
30 Pa.C.S. § 502 — PA Code / Title 30 / Chapter 5 / Section 502
Service charge for uncollectible checks.
Status: in_force

Whenever any check or similar instrument issued in payment of any fee, fine or for any other purpose under this title is

returned to the commission as uncollectible, the person who makes, issues or presents the check or other instrument shall be charged $15, or a service charge as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). The service charge shall be credited to the Fish Fund or the Boat Fund, as appropriate, to cover the cost of collection. (July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 502 is referred to in section 322.1 of this title.
30 Pa.C.S. § 747 — PA Code / Title 30 / Chapter 7 / Section 747
Proceeds from sales and grants.
Status: in_force

All net proceeds from the sale of lands, waters, timber, oil, gas or other minerals, leases of commission lands, waters or interests or rights from the production or sale of minerals and from licenses or other rights, granted by the commission, shall be deposited in the Fish Fund or, if moneys from the Boat Fund were expended to acquire the lands, in the Boat Fund. If

moneys from both the Fish Fund and the Boat Fund were expended to acquire the lands, then the proceeds shall be deposited in the respective funds in proportion to the amount expended from each fund for the acquisition of the lands. Cross References. Section 747 is referred to in section 531 of this title.
30 Pa.C.S. § 743 — PA Code / Title 30 / Chapter 7 / Section 743
Exchange or sale.
Status: in_force

The commission may, by resolution adopted by unanimous vote at a meeting at which at least a majority of the members are present and voting, authorize the exchange or sale of all or part, including improvements and appurtenances, of any lands, waters or buildings to which title has been acquired in return for fair market value or privately-owned lands, waters or buildings having an equal or greater value, when the commission deems such exchange or sale to be in the best interests of the Commonwealth. In addition, the commission may exchange timber cut from lands to which the commission holds title for suitable lands having an equal or greater value.
30 Pa.C.S. § 2712 — PA Code / Title 30 / Chapter 27 / Section 2712
License requirements on boundary waters.
Status: in_force

(a) New York.--The provisions of this chapter do not apply to a person holding a fishing license issued under the laws of the State of New York when fishing in that portion of the waters of the Delaware River lying between New York and Pennsylvania within the jurisdiction of this Commonwealth if a person holding a license issued under the provisions of this title when fishing in the waters of the Delaware River lying between New York and Pennsylvania within the jurisdiction of the State of New York is not required to have a New York license.

(b) New Jersey.--The provisions of this chapter do not apply to a person holding a fishing license issued under the laws of the State of New Jersey when fishing in that portion of the waters of the Delaware River lying between New Jersey and Pennsylvania within the jurisdiction of this Commonwealth if a person holding a license issued under the provisions of this title when fishing in the waters of the Delaware River lying between New Jersey and Pennsylvania within the jurisdiction of the State of New Jersey is not required to have a New Jersey license.

(c) Ohio.--The provisions of this chapter do not apply to a person holding a fishing license issued under the laws of the State of Ohio when fishing in the waters of the Pymatuning Lake lying between Ohio and Pennsylvania within the jurisdiction of this Commonwealth if a person holding a license issued under the provisions of this title when fishing in the waters of Pymatuning Lake lying between Ohio and Pennsylvania within the jurisdiction of the State of Ohio is not required to have an Ohio license.

(d) Maryland.--The provisions of this chapter do not apply to a person holding a fishing license issued under the laws of the State of Maryland when fishing in the waters of the Youghiogheny and Conowingo Reservoirs lying between Maryland and Pennsylvania within the jurisdiction of this Commonwealth if a person holding a license issued under the provisions of this title when fishing in the waters of the Youghiogheny and

Conowingo Reservoirs lying between Maryland and Pennsylvania within the jurisdiction of the State of Maryland is not required to have a Maryland license.
30 Pa.C.S. § 2907.1 — PA Code / Title 30 / Chapter 29 / Section 2907.1
Tagged fish contests on boundary lakes.
Status: in_force

The commission shall issue permits for tagged fish contests on boundary lakes where the other state which bounds the lake permits such contests, unless the commission finds that the proposed contest threatens the fisheries resources of the Pennsylvania portion of the boundary lake where the contest is to be conducted. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 added section 2907.1.
30 Pa.C.S. § 744 — PA Code / Title 30 / Chapter 7 / Section 744
Disposition of timber and minerals.
Status: in_force

The commission may dispose of, by lease, sale or otherwise, timber, minerals, oil and gas, or rights therein, on or under lands to which it has acquired title.
30 Pa.C.S. § 2302 — PA Code / Title 30 / Chapter 23 / Section 2302
Cooperative fish restoration projects.
Status: in_force

The Commonwealth assents to the provisions of the Act of Congress, entitled "An Act To Provide That The United States Shall Aid the States in Fish Restoration And Management Projects And For Other Purposes," approved August 9, 1950 (16 U.S.C. § 777 et seq.), and the commission shall perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects as defined in this Act of Congress, in compliance with that act and rules and regulations promulgated thereunder.