reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 35 - Dams, Bar Racks and Migration Devices › Section 3505 - Erection of devices by commission

§ 3505. Erection of devices by commission.
If the person owning, leasing or maintaining a dam fails to erect a chute, slope, fishway, gate or other device after the lapse of three calendar months from the date of notice provided by section 3501 (relating to devices in dams to permit fish migration), or fails to maintain the chute, slope, fishway, gate or other device in accordance with section 3502 (relating to operation and maintenance of devices), the commission may enter upon the dam and erect such chute, slope, fishway, gate or other device or make any necessary repairs and the cost thereof shall be charged by the commission to the person owning or maintaining the dam and may be recovered by civil suit or process in the name of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 35 - Dams, Bar Racks and Migration Devices › Section 3506 - Drawing off or interference with dams or devices

§ 3506. Drawing off or interference with dams or devices.
(a) Drawing off or obstructing dams.--
No person shall draw off dam waters inhabited by fish without first applying for written permission from the commission, nor shall any person obstruct the flow of water through any such dam without allowing a minimum flow of water determined by the commission to be sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. Any person violating the provisions of this subsection commits a summary offense of the first degree.
(b) Interference with dams or devices.--
Dams, deflectors, retards or similar devices placed across or in any waters inhabited by fish, with permission of the owner or owners of the land adjacent thereto or through which those waters flow, shall not be destroyed, removed, breached or disturbed, except by written permission first obtained from the commission. Any person violating the provisions of this subsection commits a summary offense of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 35 - Dams, Bar Racks and Migration Devices › Section 3507 - Protection of fish near dams

§ 3507. Protection of fish near dams.
(a) General rule.--
The commission shall promulgate such rules and regulations as it deems necessary to protect and manage fish within one mile or such lesser distance as it deems appropriate of any chute, slope, fishway, gate, dam, reflector, retards or similar devices.
(b) Penalty.--
Any person violating any of the rules or regulations promulgated under this section commits a summary offense of the third 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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 35 - Dams, Bar Racks and Migration Devices › Section 3508 - Erection of bar racks to prevent entry of fish

§ 3508. Erection of bar racks to prevent entry of fish.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 35 - Dams, Bar Racks and Migration Devices › Section 3509 - Obstructing migration of fish

§ 3509. Obstructing migration of fish.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5101 - Administration of part

§ 5101. Administration of part.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5102 - Cooperation with other agencies

§ 5102. Cooperation with other agencies.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5104 - Fees

§ 5104. Fees.
(a) General rule.--
Except as otherwise provided under subsection (c), the following fees apply to registrations, licenses, permits and certificates issued under this part and the fees collected shall be deposited in the State Treasury in the Boat Fund:
(1) Owner registration (motorboats less than 16 feet in length), $13 per year.
(2) Owner registration (motorboats 16 feet to less than 20 feet), $19.50 per year.
(2.1) Owner registration (motorboats 20 feet or longer), $26 per year.
(2.2) Owner registration (boats not equipped with motors), $9 per year or as fixed under subsection (b).
(3) Duplicate owner registration, $3 each.
(4) Dealer registration, $15 each per year.
(5) Commercial passenger boat registration, $25 each.
(6) License for operator of passenger-carrying boat, $5 each.
(7) (Deleted by amendment).
(8) Transfer of a multi-year boat registration, $5.
(9) Permit for floating structure and private aids to navigation, $10 each.
(10) Boating safety education certificate, $10.
(11) Replacement boating safety education certificate, $5.
(b) Fee adjustment for nonpowered boats.--
The fee for owner registration for boats not equipped with motors specified in subsection (a)(2.2) shall be adjusted from time to time to remain equal to the fees charged by the Department of Conservation and Natural Resources for boat launch permits for State park lakes.
(c) 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; Dec. 12, 1991, P.L.368, No.39, eff. imd.; Dec. 9, 2002, P.L.1542, No.199, 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 subsec. (a) and added subsec. (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.
1991 Amendment.
Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.
Cross References.
Section 5104 is referred to in sections 322.1, 5103, 5302, 5303, 5308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5121 - Promulgation

§ 5121. Promulgation.
(a) General rule.--
The commission may promulgate rules and regulations specifically authorized under this part and such other rules and regulations as it deems necessary to administer and enforce the provisions of this part.
(b) Conformity to Federal law.--
All rules and regulations promulgated under this part shall conform to Federal laws and regulations on the same subject matter.
(c) Advice from Boating Advisory Board.--
The commission shall solicit the advice and opinions of the Boating Advisory Board on any proposed rules and regulations promulgated under this part prior to their final adoption.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5122 - Registrations, licenses, permits, plates and statistics

§ 5122. Registrations, licenses, permits, plates and statistics.
(a) General rule.--
The commission may promulgate rules and regulations relating to:
(1) Permanent and temporary registration of boats.
(2) Special provisions applicable to livery operators, outfitters, dealers, manufacturers and the owners or operators of passenger-carrying boats.
(3) Display of numbers.
(4) Renewal of certificates of registration.
(5) Transfer of ownership of or interest in boats or the abandonment or destruction of registered boats.
(6) Licensing of operators of passenger-carrying boats.
(7) Display of capacity plates by boats, the information to be displayed thereon and the issuance of capacity plates.
(8) Issuance of permits for special marine events.
(9) Compilation and release of statistics on accidents and registered boats.
(b) Penalty.--
Any person who violates a rule or regulation promulgated under this section commits a summary offense of the third degree except as follows:
(1) A person who operates a passenger-carrying boat without a license commits a summary offense of the first degree.
(2) A person who violates a regulation relating to display of numbers on boats or display of capacity plates by boats 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.; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)
1999 Amendment.
Act 41 amended subsec. (b).
1991 Amendment.
Act 39 amended subsec. (a)(1). Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5123 - General boating regulations

§ 5123. General boating regulations.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5124 - Particular areas of water

§ 5124. Particular areas of water.
(a) General rule.--
The commission may promulgate special rules and regulations for particular artificial or natural areas of water for further limiting, restricting or prohibiting the operation or navigation of boats thereon to promote the interests of the public or to preserve aquatic life.
(b) Penalty.--
Any person who violates a rule or regulation promulgated under this section commits a summary offense of the third degree.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5124.1 - Liquor or malt or brewed beverages

§ 5124.1. Liquor or malt or brewed beverages.
(a) General rule.--
In an action or proceeding under this title in which a material element of the offense or action is that a substance is liquor or a malt or brewed beverage, all the following shall apply:
(1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.
(2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage.
(b) Evidence presented by a defendant.--
Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that a substance is not liquor or a malt or brewed beverage.
(c) Applicability.--
The provisions of this section shall apply to proceedings brought by officers authorized to enforce this title under this title, Titles 18 (relating to crimes and offenses), 42 (relating to judiciary and judicial procedure) and 75 (relating to vehicles) and the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(Oct. 31, 1997, P.L.485, No.49, eff. 60 days)
1997 Amendment.
Act 49 added section 5124.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 51 - Preliminary Provisions › Section 5126 - Reports by emergency room personnel

§ 5126. Reports by emergency room personnel.
(a) General rule.--
If, as a result of a watercraft accident, the person who operated or was in actual physical control of any watercraft involved in the accident requires medical treatment in an emergency room of a hospital and if probable cause exists to believe that a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) was involved, the emergency room physician or his designee shall promptly take blood samples from those persons and transmit them within 24 hours for testing to the Department of Health or a clinical laboratory licensed and approved by the Department of Health and specifically designated for such purpose. This section shall be applicable to all injured occupants who were capable of watercraft operation if the operator or person in actual physical control of the movement of the watercraft cannot be determined. Test results shall be released upon request of the person tested, his attorney, his physician, the commission, the investigating officer or other governmental officials or agencies.
(b) Immunity from civil or criminal liability.--
No physician, nurse or technician or hospital employing such physician, nurse or technician and no other employer of such physician, nurse or technician shall be civilly or criminally liable for withdrawing blood or obtaining a urine sample and reporting test results to the commission pursuant to this section or for performing any other duty imposed by this title. No physician, nurse or technician or hospital employing such physician, nurse or technician may administratively refuse to perform such tests and provide the results to the commission except when such refusal is based on unusual medical circumstances that pertain at the time of admission.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
1989 Amendment.
Act 102 added section 5126.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Extra - Chapter Notes

Enactment.
Unless otherwise noted, Chapter 53 was added October 16, 1980, P.L.996, No.175, effective
            in 90 days.
Cross References.
Subchapter A is referred to in section 5322 of this title.
Enactment.
Subchapter B was added July 2, 1996, P.L.467, No.73.
Enactment.
Subchapter C was added July 7, 2006, P.L.365, No.79, effective in 120 days.
Cross References.
Subchapter C is referred to in section 7321 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5301 - Registration of motorboats required

§ 5301. Registration of motorboats required.
(a) General rule.--
Except as provided in section 5302 (relating to exemptions), it is unlawful for any person to operate or navigate, or cause to be operated or navigated, any motorboat upon, over or through the waters of this Commonwealth unless the motorboat is registered in accordance with this subchapter.
(b) Out-of-State registration.--
When another state is the state of principal operation of a boat and the boat is numbered and validly registered in that state under a numbering system approved by the Secretary of the Federal Department of Transportation, the boat is deemed in compliance with this chapter while temporarily operating on waters of this Commonwealth.
(c) Moving boat into this Commonwealth.--
When Pennsylvania becomes the place of principal operation of a boat, numbered and validly registered in another state, the number issued by the other state shall be recognized for a period of 60 days from the date the boat is moved to Pennsylvania during which time the owner of the boat shall apply for and obtain a Pennsylvania registration and number.
(d) 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; Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73)
1996 Amendment.
Section 4(3) of Act 73 provided that the amendment of section 5301 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5302 - Exemptions

§ 5302. Exemptions.
(a) General rule.--
The following classes of boats are exempt from the registration requirements of this subchapter:
(1) Foreign boats temporarily using the waters of this Commonwealth.
(2) Boats, other than boats used for recreational purposes, which are clearly identified as being:
(i) owned by the United States; and
(ii) used solely for public service functions such as search and rescue.
(3) Lifeboats on ships.
(4) Boats, other than boats used for recreational purposes, possessing a valid marine document issued by the United States Coast Guard, or any Federal successor thereto, or by any foreign government.
(5) Boats not equipped with motors.
(b) Exemptions by regulation.--
The commission may, by regulation, exempt any additional boat or class of boats from the registration provisions of this subchapter under such conditions as it may prescribe.
(c) Exemption from fees.--
The following boats are required to register but are exempt from the owner titling and registration fees of section 5104 (relating to fees):
(1) Motorboats owned or operated by the Commonwealth.
(2) Motorboats owned by public service organizations approved by the commission and used exclusively for training, education, water safety and other public service functions.
(3) Motorboats owned by political subdivisions and quasi-public organizations, such as police departments, volunteer fire departments and river rescue units, and used exclusively in the performance of their work in enforcement, furthering safety and search and rescue on the water.
(Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73)
1996 Amendment.
Section 4(3) of Act 73 provided that the amendment of section 5302 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.
Cross References.
Section 5302 is referred to in section 5301 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5303 - Voluntary and special registrations

§ 5303. Voluntary and special registrations.
Watercraft other than those required to register under this subchapter may be registered at the option of the owner upon payment of the fee specified by section 5104 (relating to fees).
(Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73)
1996 Amendment.
Section 4(3) of Act 73 provided that the amendment of section 5303 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5305 - Application for registration

§ 5305. Application for registration.
(a) General rule.--
Any person owning a boat and desiring to register it in this Commonwealth shall make a written application to the commission or to a designated issuing agent.
(b) Form and content.--
The application shall be made on a form prescribed, prepared and furnished by the commission and, together with such other information as the commission may require, shall state the name and address of the applicant and, if the applicant is a partnership, the names and addresses of all the partners, and, if the applicant is a corporation, the names and addresses of the officers.
(c) Penalty.--
Any person providing false information in connection with a boat registration commits a summary offense of the second 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.
Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5306 - Certificate of registration

§ 5306. Certificate of registration.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5307 - Dealer registration

§ 5307. Dealer registration.
(a) Application and issuance.--
The commission will issue to dealers, manufacturers and jobbers special registrations that bear the additional mark "X" upon proper application and payment of the applicable fee. Application for dealer registrations shall be made upon a form provided by the commission, shall set forth the full name and business address of the applicant and such other information as the commission may require and shall be signed by the dealer, manufacturer or jobber. The dealer registration number shall be displayed conspicuously on each side of the bow of the boat being used by the dealer. The commission may issue additional registrations to dealers, manufacturers or jobbers upon proper application and the payment of the applicable fee.
(b) Use.--
Dealer registrations may be used on any boat owned or in possession of a dealer, manufacturer or jobber and operated by the dealer, manufacturer or jobber or their employees only when the boat is used for any of the following purposes:
(1) In the business of the registrant as a dealer, manufacturer or jobber.
(2) For the personal pleasure or use of the dealer, manufacturer, jobber, members of his immediate family and regular employees thereof and members of their immediate families.
(3) For testing or demonstrating boats in the possession of the dealer, manufacturer or jobber.
(4) For lending boats to customers whose boats are being repaired.
(5) For lending to prospective buyers for a period not exceeding two days for purposes of demonstrating the boats.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5309 - Change of address of registrant

§ 5309. Change of address of registrant.
Any holder of a certificate of registration shall notify the commission within 15 days if his address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the commission with his new address. The commission may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address of the holder.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5310 - Display of registration number

§ 5310. Display of registration number.
(a) General rule.--
The registration number shown on the certificate of registration shall be painted on or attached to each side of the bow of the boat in order that it may be clearly visible. No other number may be displayed on the bow. The number shall be maintained in a legible condition.
(b) Exceptions.--
The following boats are exempt from the display of registration numbers:
(1) Boats possessing a valid marine document issued by the United States Coast Guard or its successor agency.
(2) Any other boat or class of boat which the commission determines by regulation to exempt from the display of numbers upon a finding that such display is not practicable or does not aid materially in the identification of the boat and that does not conflict with Federal numbering requirements.
(c) Penalty.--
A person who operates a properly registered boat that does not display a proper registration number 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.
Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5311 - Tampering with identification numbers or capacity plates

§ 5311. Tampering with identification numbers or capacity plates.
(a) General rule.--
No unauthorized person shall erase, deface, change, paint on, alter, remove, destroy or in any way tamper with any registration number or card, capacity plate, hull identification number or any other identification number on a boat or motor.
(b) Penalty.--
Any person who violates this section commits a summary offense of the first 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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5312 - Transfer, destruction or abandonment of boat

§ 5312. Transfer, destruction or abandonment of boat.
The owner of a boat registered in this Commonwealth pursuant to this subchapter or by the Federal Government shall furnish the commission notice of the transfer of all or any part of his interest, other than the creation of a security interest, in a boat or of the destruction or abandonment of the boat within 15 days from the transfer, destruction or abandonment. The transfer, destruction or abandonment shall terminate the certificate of registration for the boat except in the case of a transfer of a part interest which does not affect the right of the owner to operate the boat.
(July 2, 1996, P.L.467, No.73)
1996 Amendment.
Section 4(3) of Act 73 provided that the amendment of section 5312 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5313 - Records open to public

§ 5313. Records open to public.
All records relating to registration or numbering made or kept pursuant to this subchapter shall be public records.
(July 2, 1996, P.L.467, No.73)
1996 Amendment.
Section 4(3) of Act 73 provided that the amendment of section 5313 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5321 - Certificate of title required

§ 5321. Certificate of title required.
(a) General rule.--
Except as provided in section 5322 (relating to when certificate of title not required), every owner of a boat required to be registered in this Commonwealth shall apply to the commission for a certificate of title to the boat.
(b) Registration without certification prohibited.--
The commission shall not register or renew registration of a boat required to be titled under subsection (a) unless a certificate has been issued by the commission or an application for a certificate has been delivered by the new owner to the commission.
(c) Penalty.--
Failure to obtain a certificate of title as required by law is a summary offense of the second degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5322 - When certificate of title not required

§ 5322. When certificate of title not required.
(a) General rule.--
Except as otherwise provided in subsection (b), no certificate of title shall be required for:
(1) A boat which is not required to be registered under Subchapter A (relating to registration).
(2) A new boat which is owned by a manufacturer or registered boat dealer before and until sale.
(3) A boat owned on the effective date of this subchapter, until the boat is sold or otherwise transferred to another owner.
(4) A boat with a model year before 1997.
(5) An outboard powered motorboat of less than 14 feet in length.
(b) Limitations.--
The exemptions set forth in subsection (a) shall not apply to any boat previously titled in Pennsylvania or any other state, provided that the owner of a boat titled in another state shall not be required to obtain a Pennsylvania title for such boat until it is registered in Pennsylvania or until its ownership is transferred to another person.
Cross References.
Section 5322 is referred to in section 5321 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5323 - Content and effect of certificate of title

§ 5323. Content and effect of certificate of title.
(a) Identification and encumbrances.--
A certificate of title shall contain such description and other evidence of identification of the boat for which it was issued as the commission may deem necessary, together with a statement of any liens or encumbrances, including the names and addresses of the holder or holders of the liens and encumbrances.
(b) Certificate as evidence and notice.--
A certificate of title issued by the commission is prima facie evidence of the facts appearing on the certificate. Except as otherwise provided in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties), 9315(c) and (d) (relating to secured party's rights on disposition of collateral and in proceeds) and 9316(d) and (e) (relating to effect of change in governing law), the certificate shall be adequate notice to the Commonwealth, creditors, subsequent lienholders and purchasers that a lien against the boat exists.
(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 27, 2013, P.L.154, No.30, eff. July 1, 2013)
2013 Amendment.
Act 30 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5324 - Refusing issuance of certificate of title

§ 5324. Refusing issuance of certificate of title.
The commission may refuse issuance of a certificate of title when it has reasonable grounds to believe:
(1) A required fee has not been paid.
(2) Taxes payable under the laws of this Commonwealth on or in conjunction with or resulting from acquisition or use of the boat have not been paid.
(3) The applicant is not the owner of the boat.
(4) The application contains false or fraudulent statements.
(5) The applicant has failed to furnish required information or documents or any additional information the commission reasonably requires.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5325 - Rules and regulations

§ 5325. Rules and regulations.
(a) General rule.--
The commission shall, within one year of the date of enactment of this subchapter, promulgate the rules and regulations necessary to carry out the provisions of this subchapter, including regulations pertaining to, but not limited to:
(1) Application procedure for certificates of title.
(2) Contents of applications.
(3) Boats brought into this Commonwealth from outside of this Commonwealth.
(4) Boats purchased from dealers.
(5) Boats sold or transferred privately.
(6) Specially constructed or reconstructed boats.
(7) Delivery of certificate of title.
(8) Duplicate or replacement titles.
(9) Transfer of ownership of boats.
(10) Transfer to or from manufacturer or dealer.
(11) Repossession of boats.
(12) Boats which are junked, destroyed, lost, stolen or abandoned.
(13) Voluntary titling of boats by owners prior to sale or transfer.
(14) Suspension or cancellation of certificate of title.
(15) Creation and perfection of security interests in boats.
(16) Assignments of security interests.
(17) Satisfaction of security interests.
(18) Recordkeeping, documentation and information verification regarding boats.
(b) Penalties.--
Any person who violates a rule or regulation promulgated under this section 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. (b).
Effective Date.
Section 4(1) of Act 73 of 1996 provided that section 5325 shall take effect in 60 days.
Cross References.
Section 5325 is referred to in section 5328 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5326 - Offenses relating to titling

§ 5326. Offenses relating to titling.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5327 - Fees

§ 5327. Fees.
(a) General rule.--
Except as provided under subsection (b), the following fees shall be due:
(1) The fee for issuance of a certificate of title shall be $15.
(2) The fee for a duplicate certificate of title shall be $5.
(3) The fee for recording or changing the amount of security interest on a certificate of title shall be $5.
(4) The fee for copies of or information relating to a title or security interest shall be $5.
(5) The fee for issuing or providing copies of any other official document issued under the authority of this chapter shall be $5.
(6) The fee for continuing the effectiveness of perfection of a security interest shall be $5.
(b) 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).
(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; July 10, 2020, P.L.604, No.56, eff. imd.)
Cross References.
Section 5327 is referred to in section 322.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5331 - Scope of subchapter

§ 5331. Scope of subchapter.
(a) General rule.--
This subchapter covers boat and marine forfeitures.
(b) Legislative intent.--
It is the intent of the General Assembly that this subchapter act in concert with 75 Pa.C.S. Ch. 73 Subch. B (relating to watercraft trailer forfeiture).
(c) Applicability.--
(1) The provisions of this subchapter shall only apply to a boat and related equipment with a resale value based upon established industry standards equal to or less than the maximum amount set forth in this subsection.
(2) The maximum amount for the year 2006 shall be $5,000. Thereafter, the maximum amount shall be fixed annually by the commission based upon the maximum amount in the prior year as adjusted to reflect the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the United States for all items as published by the United States Department of Labor, Bureau of Labor Statistics, for the previous 12-month period. The maximum amount as adjusted shall be rounded to the nearest multiple of $5.
(3) The commission shall give notice of the new maximum amount by publication in the Pennsylvania Bulletin in the third publication in March of each year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5332 - Definitions

§ 5332. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 53 - Registration and Titling of Boats › Section 5333 - Liens

§ 5333. Liens.
A marine business shall have a lien, dependent upon possession, on a boat and any related equipment belonging to an owner for the balance due the marine business from such owner for any repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of a boat and any related equipment. The marine business may retain possession of a boat and any related equipment until the charges are paid.