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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5334 - Notice for boats and related equipment

§ 5334. Notice for boats and related equipment.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5335 - Notice for watercraft trailers

§ 5335. Notice for watercraft trailers.
If a watercraft trailer dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation of law, it shall follow the notice provisions of 75 Pa.C.S. § 7324 (relating to notification by watercraft trailer dealer).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5336 - Responsibility of commission

§ 5336. Responsibility of commission.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5337 - Publication for boats and related equipment

§ 5337. Publication for boats and related equipment.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5338 - Publication for watercraft trailers

§ 5338. Publication for watercraft trailers.
If a watercraft dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation of law, it shall follow the publication provisions of 75 Pa.C.S. § 7326 (relating to publication).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5339 - Redemption

§ 5339. Redemption.
(a) Notice.--
Upon request of the customer, any lienholder or the owner of a boat or any related equipment, the marine business shall provide the amount necessary under subsection (b), at the time of the request, to redeem the boat and any related equipment.
(b) Charges and expenses.--
Prior to the forfeiture of a boat and any related equipment under this subchapter, the customer, any lienholder or the owner of a boat or any related equipment may pay the amount necessary to satisfy:
(1) All charges due the marine business for the repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of the boat and any related equipment.
(2) Reasonable expenses associated with the mailing of notices under section 5334 (relating to notice for boats and related equipment) and the publication of notice under section 5337 (relating to publication for boats and related equipment).
(c) Return of property.--
Upon payment of all charges and expenses under subsection (b), the marine business shall return the boat and any related equipment to the customer, lienholder or owner and shall thereafter have no liability to any person with respect to the boat and any related equipment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5340 - Forfeiture

§ 5340. Forfeiture.
A boat and any related equipment that is not redeemed within 30 days of the second publication under section 5337 (relating to publication for boats and related equipment) is deemed forfeited to the marine business, and any prior right, title or interest in the boat and any related equipment is terminated. The marine business shall make application for a certificate of title for the boat with the commission within 30 days of the date of forfeiture.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5341 - Rights acquired by good faith purchaser

§ 5341. Rights acquired by good faith purchaser.
A purchaser in good faith of a boat or any related equipment sold by a marine business after forfeiture under this subchapter takes the boat or any related equipment free of all liens and encumbrances despite noncompliance by the marine business with the requirements of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5342 - Other remedies

§ 5342. Other remedies.
The provisions of this subchapter are in addition to any and all other remedies available to a marine business. This subchapter shall not foreclose any other remedies available to a marine business at law or in equity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5343 - Construction

§ 5343. Construction.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5344 - Rules and regulations

§ 5344. Rules and regulations.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5501 - Reckless and negligent operation of watercraft

§ 5501. Reckless and negligent operation of watercraft.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5502.1 - Homicide by watercraft while operating under influence

§ 5502.1. Homicide by watercraft while operating under influence.
(a) Offense defined.--
Any person who unintentionally causes the death of another person as the direct 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 death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 5502.
(b) Applicability of sentencing guidelines.--
The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section.
(May 30, 1984, P.L.339, No.68, eff. 60 days; July 7, 2011, P.L.211, No.33, eff. 60 days)
2011 Amendment.
Act 33 amended subsec. (a).
1984
Amendment
.
Act 68 added section 5502.1.
Cross References.
Section 5502.1 is referred to in sections 928, 5506 of this title; sections 5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5502.2 - Homicide by watercraft

§ 5502.2. Homicide by watercraft.
Any person who unintentionally causes the death of another person while engaged in the violation of any provision of this title or regulation 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 homicide by watercraft, a misdemeanor of the first degree, when the violation is the cause of death.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
1989 Amendment.
Act 102 added section 5502.2.
Cross References.
Section 5502.2 is referred to in section 5506 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5502.3 - Aggravated assault by watercraft while operating under influence

§ 5502.3. Aggravated assault by watercraft while operating under influence.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5502.4 - Aggravated assault by watercraft

§ 5502.4. Aggravated assault by watercraft.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5503 - Accident reports

§ 5503. Accident reports.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5504 - Liability for damage caused by operator

§ 5504. Liability for damage caused by operator.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5505 - Unauthorized operation of boats

§ 5505. Unauthorized operation of boats.
(a) Consent required.--
It is unlawful for a person to operate the boat of another without the consent of the owner.
(b) Defense.--
It is a defense to prosecution under this section that the operator reasonably believed that the owner would have consented to the operation had the owner known of it.
(c) Penalty.--
Any person violating this section commits a summary offense of the first degree.
(Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
2012 Amendment.
Act 211 added section 5505.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5506 - Permitting violations

§ 5506. Permitting violations.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 55 - Operation of Boats › Section 5507 - Duties of operators involved in boating accidents

§ 5507. Duties of operators involved in boating accidents.
(a) General rule.--
The operator of a watercraft involved in an accident shall immediately stop the watercraft at the scene of the accident or as close thereto as possible. Every stop shall be made without obstructing the safe navigation of other watercraft more than is necessary.
(b) Duty to give information.--
The operator of a watercraft involved in an accident resulting in injury to or death of a person or damage to property shall give his name, address and the registration number of his watercraft to an officer authorized to enforce this title, the operator or occupants of any other watercraft involved in the accident and a person who owns or is in control of any property damaged in the accident.
(c) Duty to render aid.--
The operator of a watercraft involved in an accident involving injury or death shall render reasonable assistance to a person injured in the accident if the operator can reasonably do so without endangering persons or property.
(d) Duty to remain at or near scene.--
The operator of a watercraft involved in a watercraft accident involving injury to or death of a person or damage to property other than the operator's watercraft or other property contained therein shall remain at or near the scene of the accident until he has fulfilled the duties described in subsection (b) if the operator can reasonably do so without obstructing navigation of other watercraft or endangering persons or property. When circumstances make it clearly impractical to remain at or near the scene of the accident on the water, the operator may fulfill the requirements of this subsection by going to shore at a location near the scene of the accident.
(e) Penalties.--
(1) Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.
(2) If a victim of an accident dies, any person violating subsection (d) commits a felony of the third degree.
(Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
2012 Amendment.
Act 211 added section 5507.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 71 - Atlantic States Marine Fisheries Compact › Section 7102 - Members of commission from Pennsylvania

§ 7102. Members of commission from Pennsylvania.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 71 - Atlantic States Marine Fisheries Compact › Section 7103 - Powers and duties of commission and Commonwealth agencies

§ 7103. Powers and duties of commission and Commonwealth agencies.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 71 - Atlantic States Marine Fisheries Compact › Section 7104 - Powers granted commission supplemental to other powers

§ 7104. Powers granted commission supplemental to other powers.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 71 - Atlantic States Marine Fisheries Compact › Section 7105 - Accounts and reports of commission

§ 7105. Accounts and reports of commission.
(a) General rule.--
The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly on or before December 10 in each year, setting forth, in detail, the transactions conducted by it during the 12 months preceding December 1 of that year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of this Commonwealth, which may be necessary to carry out the intent and purposes of the compact between the signatory states.
(b) Examination by Auditor General.--
The Auditor General of the Commonwealth may, from time to time, examine the accounts and books of the commission, including its receipts, disbursements and other items referring to its financial standing as the Auditor General deems proper, and report the results of the examination to the Governor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 71 - Atlantic States Marine Fisheries Compact › Section 7106 - Amendment to compact

§ 7106. Amendment to compact.
(a) Execution and form of amendment.--
The Governor is authorized and directed to enter into an amendment of the Atlantic States Marine Fisheries Compact with any one or more 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, and such other states as may become party to that compact, for the purpose of permitting the states that ratify this amendment to establish joint regulation of specific fisheries common to those states through the Atlantic States Marine Fisheries Commission and their representatives on that body, such amendment to be in substantially the following form:
Amendment No. 1 of the
Atlantic States Marine Fisheries Compact
The states consenting to this amendment agree that any two or more of them may designate the Atlantic States Marine Fisheries Commission as a joint regulatory agency with such powers as they may jointly confer from time to time for the regulation of the fishing operations of the citizens and vessels of such designating states with respect to specific fisheries in which such states have a common interest. The representatives of such states on the Atlantic States Marine Fisheries Commission shall constitute a separate section of the commission for the exercise of the additional powers so granted: Provided, That the states so acting shall appropriate additional funds for this purpose. The creation of such section as a joint regulatory agency shall not deprive the states participating therein of any of their privileges or powers or responsibilities in the Atlantic States Marine Fisheries Commission under the general compact.
(b) Effectiveness of amendment.--
This amendment shall take effect as to this Commonwealth with respect to such other of the aforesaid states as take similar action.
(c) Withdrawal from amendment.--
Notice of intention to withdraw from this amendment shall be executed and transmitted by the Governor and shall be in accordance with Article XII of the Atlantic States Marine Fisheries Compact and shall be effective as to this Commonwealth with those states which similarly ratify this amendment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7301 - Legislative findings and declarations

§ 7301. Legislative findings and declarations.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7302 - Delaware River and Bay defined

§ 7302. Delaware River and Bay defined.
For the purpose of regulating the shad fishery of the Delaware River and Bay and their tributaries:
(1) The Delaware River includes all that part of the river and its tributaries above a line drawn from the monument on the Delaware shore at or near Listons Point and the corresponding monument at or near the mouth of New Hope Creek on the New Jersey shore, as established by the Commissioners of the States of New Jersey and Delaware under the Compact of 1905 and subsequent enabling legislation of the two states.
(2) The Delaware Bay includes all the waters of the Delaware Bay south of such line and the tributaries emptying therein down to a line connecting the Harbor of Refuge Light at Cape Henlopen, Delaware, with the lighthouse at Cape May, New Jersey.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7303 - Interstate cooperation

§ 7303. Interstate cooperation.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7304 - Permitted nets and devices

§ 7304. Permitted nets and devices.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7305 - Season and lift period

§ 7305. Season and lift period.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7306 - License required for catching shad with nets

§ 7306. License required for catching shad with nets.
(a) General rule.--
The commission shall, by a special shad license, permit the use in the waters of the Delaware River and Bay and their tributaries within this Commonwealth of the nets specified in section 7304 (relating to permitted nets and devices) for the taking of shad. No person shall use any net to take shad in these waters without first procuring a shad license from the commission.
(b) Duration and renewal.--
All shad licenses shall be issued annually for the duration of a fishing season beginning on March 1 and expiring on June 10 and shall be renewable annually for the same period except as otherwise provided in this chapter.
(c) License to list gear and location.--
All shad licenses shall list specifically the number and type of units of gear or the length of gear authorized and the area in which they are licensed to operate if the operations authorized are limited as to area.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7307 - Limitations on issuance of license

§ 7307. Limitations on issuance of license.
(a) General rule.--
Except as otherwise provided in this chapter, no license shall be issued:
(1) To a person not engaged in such operations during the season immediately preceding that for which application for the shad license is made.
(2) To extend operations of the applicant beyond those of the last year in which those operations were carried on either by increasing the fishing capacity or the size or number of units of gear employed at that time.
(3) To operate a fixed net on a location already occupied by another licensee or within 1500 feet thereof, measured at right angles to the line of stakes, unless the other licensee has failed to apply for renewal of his license on or before January 1 of the year for which the license is to be issued.
(b) Renewal of license.--
A licensee who does not engage in any or some of the fishing operations licensed may renew his license for those operations in the following season, but if he fails to engage in some or all of the operations licensed for two successive seasons he shall lose his right to renew and must apply for any further license as a new applicant with respect to those operations licensed but not engaged in.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7309 - License fees

§ 7309. License fees.
The commission may issue the following shad fishing licenses which shall be valid only during the shad fishing season for which issued, as provided in this chapter, upon written application therefor, signed by the applicant, and upon payment to said commission of the following fees:
(1) Commercial shad fishing license, $10.
(2) Noncommercial shad fishing license under which applicant is not permitted to catch more than ten shad in any one day, $1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7310 - Records and reports by licensees

§ 7310. Records and reports by licensees.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7311 - Transfer of license

§ 7311. Transfer of license.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7312 - Withdrawal of licenses issued in prior year

§ 7312. Withdrawal of licenses issued in prior year.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7313 - Suspension or revocation of license

§ 7313. Suspension or revocation of license.
(a) Suspension.--
The commission, after due notice and hearing, may suspend for a suitable period the shad license of any person who is found by them to have done any of the following:
(1) Made a false statement in the application for a license.
(2) Violated any shad regulation contained in this chapter.
(3) Failed to make required shad reports.
(b) Revocation.--
For a second infraction, the commission may, after due notice and hearing, revoke the shad license of the offender.
(c) Judicial review.--
Any applicant or licensee aggrieved by an adjudication of the commission may appeal in accordance with Title 2 (relating to administrative law and procedure). Whether or not a supersedeas is granted, the licensee may continue to fish for shad up to the date of the final decision of the court without being held to have violated the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 73 - Shad Fishing in Delaware River and Bay › Section 7314 - Penalty

§ 7314. Penalty.
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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 32 - FORESTS, WATERS AND STATE PARKS › Chronological History

Provision Affected
How Affected
By Law, Decision or Rule
Title 32
Title
Added
Nov. 25, 1970, P.L.707, No.230
§ 7101 Pt. IV and Ch. 71 (Reserved)
Added
Jun. 22, 1982, P.L.577, No.167
§ 7301 Ch. 73 (Reserved)
Added
Jun. 22, 1982, P.L.577, No.167
§ 7501 and Ch. 75
Added
Jun. 22, 1982, P.L.577, No.167
§ 7502
Added
Jun. 22, 1982, P.L.577, No.167
§ 7502 defs. of "community water supply system," "department," "flood control facility," "port facility," "project" and "water facility"
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7503
Added
Jun. 22, 1982, P.L.577, No.167
§ 7503
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7504
Added
Jun. 22, 1982, P.L.577, No.167
§ 7504 (b), (d) and (e)
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7505
Added
Jun. 22, 1982, P.L.577, No.167
§ 7506
Added
Jun. 22, 1982, P.L.577, No.167
§ 7506
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7507
Added
Jun. 22, 1982, P.L.577, No.167
§ 7508
Added
Jun. 22, 1982, P.L.577, No.167
§ 7509
Added
Jun. 22, 1982, P.L.577, No.167
§ 7510
Added
Jun. 22, 1982, P.L.577, No.167
§ 7510
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7511
Added
Jun. 22, 1982, P.L.577, No.167
§ 7511
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7512
Added
Jun. 22, 1982, P.L.577, No.167
§ 7512
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7513
Added
Jun. 22, 1982, P.L.577, No.167
§ 7513
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7514
Added
Jun. 22, 1982, P.L.577, No.167
§ 7514
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7515
Added
Jun. 22, 1982, P.L.577, No.167
§ 7515
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7516
Added
Jun. 22, 1982, P.L.577, No.167
§ 7516
Repealed
Mar. 1, 1988, P.L.82, No.16
§ 7517
Added
Jun. 22, 1982, P.L.577, No.167
§ 7518
Added
Jun. 22, 1982, P.L.577, No.167
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 32 - FORESTS, WATERS AND STATE PARKS › Extra - Title Notes

Enactment.
Unless otherwise noted, the provisions of Title 32 were added June 22, 1982, P.L.577, No.167, effective immediately.
Enactment.
Part IV was added June 22, 1982, P.L.577, No.167, effective immediately.