reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8107 - Project liability limitation and exceptions

§ 8107. Project liability limitation and exceptions.
(a) General rule.
--Except as specifically provided in subsection (b), a person who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project:
(1) Shall be immune from liability for any injury to or damage suffered by a person which arises out of or occurs as a result of the water pollution abatement facilities constructed or installed during the water pollution abatement project.
(2) Shall be immune from liability for any pollution emanating from the water pollution abatement facilities constructed or installed during the water pollution abatement project unless the person affects an area that is hydrologically connected to the water pollution abatement project work area and causes increased pollution by activities which are unrelated to the implementation of a water pollution abatement project.
(3) Shall not be deemed to assume responsibility for or incur liability for the operation, maintenance and repair of the water pollution abatement facilities constructed or installed during the water pollution abatement project.
(4) Shall not be subject to a citizen suit under section 601 of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, for pollution emanating from the water pollution abatement facilities constructed or installed during the water pollution abatement project.
(b) Exceptions.
--
(1) Nothing in this chapter shall limit in any way the liability of a person who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project which liability results from the reclamation project or the water pollution abatement project and which would otherwise exist:
(i) For injury or damage resulting from the person's acts or omissions which are reckless or constitute gross negligence or willful misconduct.
(ii) For the person's unlawful activities.
(iii) For damages to adjacent landowners or downstream riparian landowners which result from a reclamation project or a water pollution abatement project where written notice or public notice of the proposed project was not provided.
(2) Nothing in this chapter shall limit in any way the liability of a person who the department has found to be in violation of any of the following acts:
(i) The act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act.
(ii) The act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act.
Cross References.
Section 8107 is referred to in section 8105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8109 - Relationship to Federal and State programs

§ 8109. Relationship to Federal and State programs.
The provisions of this chapter shall not prevent the Commonwealth from enforcing requirements necessary or imposed by the Federal Government as a condition to receiving or maintaining program authorization, delegation, primacy or Federal funds.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8110 - General permits

§ 8110. General permits.
If the department determines it will further the purposes of this chapter, the department may issue a general permit for each reclamation project or water pollution abatement project, which general permit shall:
(1) Encompass all of the activities included in that reclamation project or water pollution abatement project.
(2) Be issued in place of any required stream encroachment, earth disturbance or national pollution discharge elimination system permits.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8111 - Exceptions

§ 8111. Exceptions.
(a) General rule.
--Any person who under existing law shall be or may become responsible to reclaim the land or treat or abate the water pollution or any person who for payment or consideration or who receives some other benefit through a contract or any person who through a consent order and agreement or otherwise agrees or is ordered to perform or complete reclamation or treat or abate water pollution as well as a surety which provided a bond for the site shall not be eligible for nor shall that person receive the benefit of the protections and immunities available under this chapter.
(b) Projects near mining or coal refuse sites.
--This chapter shall not apply to a reclamation project or a water pollution abatement project that is located adjacent to, hydrologically connected to or in close proximity to a site permitted under the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act, the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act, or the act of December 19, 1984 (P.L.1093, No.219), known as the Noncoal Surface Mining Conservation and Reclamation Act, unless:
(1) The reclamation project or water pollution abatement project is submitted to the department in writing before the project is started.
(2) The department finds:
(i) The reclamation project or the water pollution abatement project will not adversely affect the permittee's obligations under the permit and the applicable law.
(ii) The activities on the project work area cannot be used by the permittee to avoid the permittee's reclamation or water pollution treatment or abatement obligations.
(3) The department issues a written notice of its findings and the approval of the project.
(c) Projects in lieu of civil penalties.
--This chapter shall not apply to a reclamation project or a water pollution abatement project that is performed in lieu of paying civil penalties.
(d) Land Recycling and Environmental Remediation Standards Act.
--The act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act, does not apply to reclamation projects or water pollution abatement projects implemented under this chapter.
Cross References.
Section 8111 is referred to in section 8105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8112 - Water supply replacement

§ 8112. Water supply replacement.
A public or private water supply affected by contamination or the diminution caused by the implementation of a reclamation project or the implementation of a water pollution abatement project shall be restored or replaced by the department with an alternate source of water adequate in quantity and quality for the purposes served by the water supply.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8113 - Orphan oil and gas wells

§ 8113. Orphan oil and gas wells.
A reclamation project or water pollution abatement project shall not be implemented in a manner which will limit access to an orphan gas well or an orphan oil well.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 83 - Participation in Environmental Law or Regulation › Extra - Chapter Notes

Enactment.
Chapter 83 was added December 20, 2000, P.L.980, No.138, effective in 60 days.
Cross References.
Chapter 83 is referred to in section 7707 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 83 - Participation in Environmental Law or Regulation › Section 8301 - Definitions

§ 8301. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Communication to the government."
A written or oral statement or writing made:
(1) before a legislative, executive or judicial proceeding or any other official proceeding authorized by law;
(2) in connection with an issue under consideration or review by a legislative, executive or judicial body or any other official proceeding authorized by law; or
(3) to a government agency in connection with the implementation and enforcement of environmental law and regulations.
"Enforcement of environmental law and regulation."
Activity relating to the identification and elimination of violations of environmental laws and regulations, including investigations of alleged violations, inspections of activities subject to regulation under environmental law and regulations and responses taken to produce correction of the violations.
"Government agency."
The Federal Government, the Commonwealth and any of the Commonwealth's departments, commissions, boards, agencies, authorities, political subdivisions or their departments, commissions, boards, agencies or authorities.
"Implementation of environmental law and regulation."
Activity relating to the development and administration of environmental programs developed under environmental law and regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 83 - Participation in Environmental Law or Regulation › Section 8302 - Immunity

§ 8302. Immunity.
(a) General rule.
--Except as provided in subsection (b), a person that, pursuant to Federal or State law, files an action in the courts of this Commonwealth to enforce an environmental law or regulation or that makes an oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation shall be immune from civil liability in any resulting legal proceeding for damages where the action or communication is aimed at procuring favorable governmental action.
(b) Exceptions.
--A person shall not be immune under this section if the allegation in the action or any communication to the government is not relevant or material to the enforcement or implementation of an environmental law or regulation and:
(1) the allegation in the action or communication is knowingly false, deliberately misleading or made with malicious and reckless disregard for the truth or falsity;
(2) the allegation in the action or communication is made for the sole purpose of interfering with existing or proposed business relationships; or
(3) the oral or written communication to a government agency relating to enforcement or implementation of an environmental law or regulation is later determined to be a wrongful use of process or an abuse of process.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 83 - Participation in Environmental Law or Regulation › Section 8303 - Right to a hearing

§ 8303. Right to a hearing.
A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the court to conduct a hearing to determine the preliminary issue of immunity. If a motion is filed, the court shall then conduct a hearing and if the motion is denied, the moving party shall have an interlocutory appeal of right to the Commonwealth Court, during which time all discovery shall be stayed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 28 - ESCHEATS › Chronological History

Provision Affected
How Affected
By Law, Decision or Rule
Title 28
Title (Reserved)
Added
Nov. 25, 1970, P.L.707, No.230
Title hdg.
Amended
Dec. 10, 1974, P.L.816, No.271
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Extra - Title Notes

Special Provisions in Appendix.
See section 6 of Act 115 of 2000 in the appendix to this title for special provisions
            relating to free resident fishing licenses for permanently disabled residents.
Enactment.
Unless otherwise noted, the provisions of Title 30 were added October 16, 1980, P.L.996,
            No.175, effective in 90 days.
Enactment.
Part I was added October 16, 1980, P.L.996, No.175, effective in 90 days.
Enactment.
Part II was added October 16, 1980, P.L.996, No.175, effective in 90 days.
Enactment.
Part III was added October 16, 1980, P.L.996, No.175, effective in 90 days.
Enactment.
Part IV was added October 16, 1980, P.L.996, No.175, effective in 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 302 - Executive director

§ 302. Executive director.
(a) Appointment and compensation.--
The commission shall appoint to serve at its pleasure and, with the approval of the Governor, fix the compensation of an executive director who shall be the chief executive officer of the commission and attend to its administrative work and have charge of all activities under the jurisdiction of the commission. The executive director shall be the chief waterways patrolman of the commission and shall have charge of, direct, supervise, and control all waterways patrolmen, deputy waterways patrolmen and employees of the commission. No member of the commission nor any person who has served as a member thereof within one year shall be eligible for appointment as executive director.
(b) Power to catch, kill or possess fish.--
The executive director or his agent may catch, take, kill or possess any fish at any time, in any season of the year and with any kind of net or device.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 303 - Assistant executive directors

§ 303. Assistant executive directors.
(a) Appointment and compensation.--
The executive director, with the approval of the commission, may, in accordance with law and the classification and compensation plans of the Commonwealth as established by the Executive Board, appoint and fix the compensation of two assistant executive directors, one of whom shall be in charge of and responsible for watercraft safety and the other of whom shall be in charge of and responsible for fisheries and engineering.
(b) Assistant for watercraft safety.--
The assistant executive director of the commission in charge of watercraft safety shall reside in this Commonwealth at the time of appointment and have five or more years of experience with ships or boats and have either a college degree or at least ten years experience in administration. The assistant executive director shall:
(1) Direct, administer and coordinate the activities of the commission relating to watercraft, boats and boating, including the enforcement of Part III (relating to boats and boating) and the rules and regulations promulgated thereunder, and the improvement and maintenance of waterway facilities including aids to navigation.
(2) Coordinate and supervise all expenditures from the Boat Fund.
(3) Administer the boating education programs of the commission.
(Dec. 20, 2000, P.L.828, No.115, eff. imd.)
2000 Amendment.
Act 115 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 304 - Waterways patrolmen and employees

§ 304. Waterways patrolmen and employees.
(a) Appointment and compensation.--
The executive director, with the approval of the commission, shall, in accordance with law and the classification and compensation plans of the Commonwealth as established by the Executive Board, appoint and fix the compensation of such number of waterways patrolmen and other employees as the commission deems necessary to enforce and carry out the provisions of this title and perform the functions and work of the commission.
(b) Status.--
(Repealed).
(Dec. 20, 2000, P.L.828, No.115, eff. imd.; Oct. 29, 2020, P.L.738, No.90, eff. 60 days)
2020 Repeal.
Act 90 repealed subsec. (b).
2000 Amendment.
Act 115 amended subsec. (a).
Cross References.
Section 304 is referred to in section 102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 306 - Boating Advisory Board

§ 306. Boating Advisory Board.
(a) Composition.--
There is hereby continued within the commission a Boating Advisory Board. The board shall consist of the Secretary of Environmental Resources, or his designee, the executive director of the commission and the assistant executive director of the commission in charge of watercraft safety, all of whom shall be ex officio members, and five volunteer members to be appointed by the Governor for terms of five years or, in the case of a vacancy, for the remainder of the unexpired term.
(b) Qualifications.--
The members appointed by the Governor shall be experienced boaters as evidenced by the operation of a boat and active membership in representative boating associations, yacht clubs or similar organizations. As far as possible, the membership of the board shall be bipartisan and shall represent the various geographical sections and boating interests of this Commonwealth.
(c) Officers.--
The board shall annually select one of the volunteer members as the chairman. The assistant executive director for watercraft safety shall serve as secretary.
(d) Compensation.--
The volunteer members of the board shall receive no salary but may, subject to the approval of the commission, receive travel expenses. When performing any function on behalf of the commission or acting within the scope of their official duties, volunteer members of the board shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.
(e) Meetings and quorum.--
The board shall meet at such place and at such time as may be specified upon the call of the chairman, three members of the board or the commission. Five members of the board, including three volunteer members, shall constitute a quorum.
(f) Powers and duties.--
The board shall advise the commission on all matters relating to boating and make recommendations to the commission with regard to any proposed rules or regulations affecting the equipment or operation of boats.
(Jan. 29, 1998, P.L.31, No.7, eff. imd.)
1998 Amendment.
Act 7 amended subsec. (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 307 - Designation of law enforcement officers

§ 307. Designation of law enforcement officers.
(a) Waterways patrolmen.--
Waterways patrolmen of the commission are designated as waterways conservation officers. The commission may substitute the term "waterways conservation officer" for the term "waterways patrolman" on its documents and materials on a schedule it deems appropriate.
(b) Deputy waterways patrolmen.--
Deputy waterways patrolmen of the commission are designated deputy waterways conservation officers. The commission may substitute the term "deputy waterways conservation officer" for the term "deputy waterways patrolman" on its documents and materials on a schedule it deems appropriate.
(c) Savings provision.--
Prosecutions, enforcement actions and other official duties of waterways conservation officers and deputy waterways conservation officers shall not be affected by the use of the designation waterways patrolmen or deputy waterways patrolmen on forms, documents, materials, badges and other items issued or prepared by the commission.
(May 24, 1984, P.L.335, No.66, eff. 60 days)
1984 Amendment.
Act 66 added section 307.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 308 - Designation of commission

§ 308. Designation of commission.
The Pennsylvania Fish Commission is designated the Pennsylvania Fish and Boat Commission. Prosecutions, licenses, contracts, deeds, enforcement actions and other official actions by the commission shall not be affected by the use of the designation of the commission as the Pennsylvania Fish Commission. The commission may continue to use the name Pennsylvania Fish Commission on badges, citations, field acknowledgments, contracts, licenses, registrations, stationery or any other official documents or emblems until existing supplies are exhausted. The commission may substitute the title "Pennsylvania Fish and Boat Commission" for the title "Pennsylvania Fish Commission" on its documents and materials on such schedule as it deems appropriate.
(Dec. 12, 1991, P.L.368, No.39, eff. imd.)
1991 Amendment.
Act 39 added section 308. See section 5 of Act 39 in the appendix to this title for special provisions relating to use of existing forms, stationery, etc.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 321 - Administration and enforcement

§ 321. Administration and enforcement.
The commission shall administer and enforce this title and other laws of this Commonwealth relating to:
(1) The encouragement, promotion and development of the fishery interests.
(2) The protection, propagation and distribution of fish.
(3) The management of boating and the operation of boats.
(4) The encouragement, promotion and development of recreational boating.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 323 - Publications

§ 323. Publications.
The executive director may have printed the annual report of the commission and such bulletins, literature, posters and other printing as may be appropriate to the work of the commission including the magazine known as the Pennsylvania Angler. The commission shall from time to time establish the subscription rates for the Pennsylvania Angler and charges for its other publications. All publications published by the commission shall be nonpartisan.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 324 - Commission records

§ 324. Commission records.
Any records maintained by the commission or any issuing agent or other agent of the commission that contain or include the home address of any individuals or any other personal information about individuals such as height, weight, color of hair and/or color of eyes, including but not limited to fishing licenses and applications therefor, boat registrations and applications therefor and permits and applications therefor, are not public records as defined in section 1 of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
(Apr. 8, 1982, P.L.313, No.88, eff. imd.)
1982 Amendment.
Act 88 added section 324.
References in Text.
Section 1 of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in this section, was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 325 - Use of credit and debit cards

§ 325. Use of credit and debit cards.
(a) Sales of licenses and other items.--
The executive director with the approval of the commission may establish policies and procedures for the use of credit cards and debit cards for the purchase of licenses, permits, publications, promotional items and other items offered for sale by the commission.
(b) Fines and settlements.--
The executive director with the approval of the commission may establish policies and procedures for use of debit cards for persons to pay fines, settlements or other amounts collected under this title.
(Dec. 19, 1996, P.L.1454, No.185, eff. 60 days)
1996 Amendment.
Act 185 added section 325.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 326 - Limitation on regulatory jurisdiction

§ 326. Limitation on regulatory jurisdiction.
The commission shall have no regulatory jurisdiction over the program whereby the Department of Environmental Protection sprays Bacillus thuringiensis israeliensis (Bti) on Commonwealth waters for control of blackfly.
(Dec. 19, 1996, P.L.1454, No.185, eff. 60 days)
1996 Amendment.
Act 185 added section 326.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 327 - Volunteer program

§ 327. Volunteer program.
(a) Volunteer program.--
The commission shall have the power and authority to do all things necessary and expedient to maintain a volunteer program and to promulgate rules and regulations under this section.
(b) Services of individuals without compensation.--
The executive director or his designee is authorized to recruit, train and accept, without regard to the civil service classification laws, rules or regulations, the services of individuals without compensation as volunteers for or in aid of interpretive functions, education and information programs, boating safety and water rescue programs, conservation measures, habitat improvement and other activities related to fish and fishing and boats and boating.
(c) Expenses.--
The commission is authorized to pay reasonable and necessary expenses for volunteers, in accordance with Statewide guidelines, for transportation, uniforms, lodging and subsistence.
(d) Status of volunteers.--
(1) Except as otherwise provided in this section, a volunteer shall not be deemed to be a Commonwealth employee and shall not be subject to the provisions of law relating to Commonwealth employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and Commonwealth employee benefits.
(2) Volunteers performing work under the terms of this section acting within the scope of their volunteer duties shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated for the purposes of automotive and general liability as employees of the Commonwealth.
(3) For the purposes of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, volunteers under this section shall be deemed employees of the Commonwealth.
(4) No volunteer shall be assigned to any full-time or wage position that is covered by any labor agreement, presently filled, vacant or authorized in the commission.
(5) As to civil damages, the standard of care for acts or omissions by commission volunteers acting within the scope of their duties shall be as set forth in 42 Pa.C.S. § 8332.4 (relating to volunteer-in-public-service negligence standard).
(Jan. 29, 1998, P.L.31, No.7, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
2012 Amendment.
Act 211 amended subsec. (d)(4).
1998 Amendment.
Act 7 added section 327.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 3 - Pennsylvania Fish and Boat Commission › Section 328 - Cooperative agreements

§ 328. Cooperative agreements.
The commission may enter into cooperative agreements with any agency of the United States, any agency of any other state, any agency of the Commonwealth or Pennsylvania local government, or any educational or research institution or any other person or entity to carry out or further the programs of the commission.
(Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)
1999 Amendment.
Act 41 added section 328.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 5 - Fiscal Affairs › Section 501 - Refund of moneys paid erroneously or unjustly

§ 501. Refund of moneys paid erroneously or unjustly.
Whenever the commission is satisfied that any fee, fine or any other money was erroneously or unjustly paid into the State Treasury under any of the provisions of this title, the commission may by resolution, within two years after the payment, direct the executive director to draw a requisition upon the Fish Fund or Boat Fund, as appropriate, for the amount involved. Upon receipt of the requisition and an extract of the minutes of the commission, a refund shall be paid in favor of the person from whom the fee, fine or other money was erroneously or unjustly collected.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 5 - Fiscal Affairs › Section 502 - Service charge for uncollectible checks

§ 502. Service charge for uncollectible checks.
Whenever any check or similar instrument issued in payment of any fee, fine or for any other purpose under this title is returned to the commission as uncollectible, the person who makes, issues or presents the check or other instrument shall be charged $15, or a service charge as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). The service charge shall be credited to the Fish Fund or the Boat Fund, as appropriate, to cover the cost of collection.
(July 10, 2020, P.L.604, No.56, eff. imd.)
Cross References. Section 502 is referred to in section 322.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 5 - Fiscal Affairs › Section 503 - Auditing and reporting requirements

§ 503. Auditing and reporting requirements.
(a) Performance audit.--
A performance audit of the commission for the concluding fiscal year shall be conducted by the Legislative Budget and Finance Committee and shall be submitted to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives no later than July 1, 2007. After July 1, 2007, the Legislative Budget and Finance Committee shall conduct a performance audit of the commission every three years no later than July 1.
(b) Annual report to General Assembly.--
No later than January 31 of each year the commission through its executive director shall submit an annual written report to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives which shall include the complete budget for the current fiscal year and for the next fiscal year. The commission shall meet with the specified committees of the General Assembly to receive oral testimony in relation to the annual written reports when so requested.
(Nov. 29, 2004, P.L.1286, No.159, eff. imd.)
2004 Amendment.
Act 159 added section 503.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 5 - Fiscal Affairs › Section 522 - Expenditures from Fish Fund

§ 522. Expenditures from Fish Fund.
(a) Approval of estimated expenditures.--
Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the Governor for his approval as in the case of other appropriations made to Commonwealth agencies.
(b) Expenditures not to exceed approved estimates.--
The State Treasurer shall not honor any requisition for the expenditure of any moneys by the commission in excess of the estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 5 - Fiscal Affairs › Section 532 - Expenditures from Boat Fund

§ 532. Expenditures from Boat Fund.
(a) Approval of estimated expenditures.--
Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the Governor for his approval as in the case of other appropriations made to Commonwealth agencies.
(b) Expenditures not to exceed approved estimates.--
The State Treasurer shall not honor any requisition for the expenditure of any moneys by the commission in excess of the estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 701 - Acceptance of donations of money or property

§ 701. Acceptance of donations of money or property.
The commission may accept from any person donations which, if in the form of money or securities, shall be placed in the Fish Fund or Boat Fund and used for the purposes set forth in section 521 (relating to establishment and use of Fish Fund) or section 531 (relating to establishment and use of Boat Fund), as applicable, or, if in the form of real or personal property, shall be utilized or disposed of as provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 703 - Damage to property

§ 703. Damage to property.
(a) Unlawful act.--
It is unlawful to intentionally or recklessly destroy or cause damage to property owned, leased or otherwise controlled by the commission or any improvements thereon. Any person who intentionally causes pecuniary loss in excess of $5,000 commits a felony of the third degree. Any person who intentionally causes pecuniary loss in excess of $1,000 commits a misdemeanor of the second degree. Any person who intentionally or recklessly causes pecuniary loss in excess of $500 commits a misdemeanor of the third degree. Otherwise destroying or causing damage to commission property or any improvements thereon is a summary offense of the first degree.
(b) Restitution.--
A person who intentionally or recklessly destroys or causes damages to commission property, or an improvement on commission property, shall, upon conviction, make restitution in addition to paying the penalty under section 923 (relating to classification of offenses and penalties). Restitution shall be based on the total cost to repair or replace the destroyed or damaged property or improvement.
(Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 1, 2020, P.L.522, No.40, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 721 - Acquisition of property

§ 721. Acquisition of property.
(a) General rule.--
The commission may by purchase, gift, lease, eminent domain or otherwise acquire within this Commonwealth:
(1) Title to, or control of, lands, waters and buildings.
(2) Fishing rights, easements, rights-of-way or other interests in land and waters which are suitable for:
(i) The protection, propagation and management of fish life.
(ii) Public fishing and boating and access thereto.
(iii) Administrative purposes.
(iv) Such other uses as are provided for in this title.
(b) Consent required.--
All acquisitions of lands shall be made only with the consent of a majority of the members of the commission.
(c) Tax delinquent lands and waters.--
The commission may purchase tax delinquent lands and waters from the commissioners or treasurers of the various counties as provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 722 - Improvements to property

§ 722. Improvements to property.
The commission may purchase, construct, repair and maintain buildings and other improvements on lands acquired for its use and under its control as may be deemed necessary for their proper utilization, maintenance, protection, development, administration, propagation of fish experimental activities or any other purpose incident to the functions of the commission. The contract for and the construction of the buildings shall be in accordance with the provisions of existing law governing the erection of buildings for Commonwealth agencies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 724 - Certification of title or title insurance

§ 724. Certification of title or title insurance.
The title records for lands acquired shall first be carefully searched and examined by the commission and when the commission is satisfied that a valid title can be secured the commission shall obtain a certification of title from an attorney at law or title insurance from a title company authorized to do business within this Commonwealth insuring the title of the commission to the lands being acquired or brought under its control.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 725 - Price paid for acquisitions and improvements

§ 725. Price paid for acquisitions and improvements.
The commission shall pay what it considers to be a fair and reasonable price for acquisitions and improvements consistent with the purposes for which they are intended and expending, during any year, only such amount as, in its opinion, can be allotted for those purposes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 728 - Exemption from taxation

§ 728. Exemption from taxation.
Lands, waters or buildings to which title has been acquired in the name of or for the use of the commission shall be exempt from the payment of all taxes except such fixed charges as apply to and are imposed upon Commonwealth forests.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 741 - Control of property

§ 741. Control of property.
(a) General rule.--
The entire control of all lands or waters owned, leased or otherwise controlled shall be under the sole direction of the commission and the commission may promulgate such rules and regulations for its use and protection as it deems necessary or in the best interests of the Commonwealth. The acquisition, use and management of such lands or waters owned, leased or otherwise controlled by the commission shall not be subject to regulation by counties or municipalities.
(b) Penalty.--
Any person violating rules and regulations promulgated under subsection (a) commits a summary offense of the third degree, but a person violating a regulation governing parking of vehicles on commission property commits a summary offense of the fourth 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; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
2012 Amendment.
Act 211 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 742 - Use of property

§ 742. Use of property.
(a) General rule.--
All or part of lands and waters to which title has been acquired for the use of the commission or which have been leased may be used to create and maintain Commonwealth fish cultural stations, Commonwealth fish propagation areas or public fishing grounds for fish propagation experiments or special preserves as provided for in this title. The commission may permit its employees to reside on those lands.
(b) Camping and boat mooring and storage.--
No campsite lease may be issued to any person but camping and boat mooring and storage may be permitted on commission owned or controlled land under such rules or regulations as the commission may establish.
(c) Permits, licenses and leases.--
The commission may issue permits and licenses and enter into leases for camping, boat mooring and storage and any other use of its lands other than fishing and boating and may charge such fees or rentals as it deems reasonable.
(d) Gas storage.--
The commission may grant rights for underground storage of natural gas at such charge as it deems reasonable.
(e) Use of commission lakes and access areas by unpowered boats.--
The commission shall, by regulations adopted within one year after the effective date of this section, provide for issuance of use permits valid for one or two years for unpowered boats, which are not registered in accordance with law, to use commission property. On and after the effective date of the regulations promulgated hereunder by the commission, the owner of an unpowered boat that uses commission property shall have the option of registering the boat or purchasing a use permit issued under the authority of this section. The commission shall establish fees for use permits issued under this section, which fees shall not exceed the fees charged by the Department of Conservation and Natural Resources for boat launch permits for State parks lakes. The commission shall, in cooperation with the department, provide for reciprocal or joint use/launch permits for unpowered boats to use both commission and State parks lakes and access areas.
(Dec. 20, 2000, P.L.828, No.115, eff. imd.)
2000 Amendment.
Act 115 added subsec. (e).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 743 - Exchange or sale

§ 743. Exchange or sale.
The commission may, by resolution adopted by unanimous vote at a meeting at which at least a majority of the members are present and voting, authorize the exchange or sale of all or part, including improvements and appurtenances, of any lands, waters or buildings to which title has been acquired in return for fair market value or privately-owned lands, waters or buildings having an equal or greater value, when the commission deems such exchange or sale to be in the best interests of the Commonwealth. In addition, the commission may exchange timber cut from lands to which the commission holds title for suitable lands having an equal or greater value.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 745 - Rights-of-way, easements and licenses

§ 745. Rights-of-way, easements and licenses.
(a) General rule.--
On and across lands to which title has been acquired for its use the commission may, at such charge or fee as the commission may establish, grant:
(1) Rights-of-way or licenses therefor for roads, for pipe, electric and other utility lines and for telephone and telegraph lines.
(2) Water rights or rights to maintain airway signals or forest fire observation towers when these grants will not adversely affect fish protection and propagation.
(b) Charges.--
The commission may charge for these grants such remuneration and damages as it deems the conditions and circumstances warrant.
(c) Approval.--
The commission shall approve by majority vote the granting, sale, lease or exchange of any easement, permanent right-of-way or irrevocable license for use of commission property. The executive director may approve the granting, sale, lease or exchange of a revocable license for use of commission property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 746 - Leases

§ 746. Leases.
Notwithstanding any other provision of law, the executive director, with the approval of the commission, may lease any land or interests in land over which the commission exercises title or control for a term not to exceed 25 years when the commission determines that the lease will promote public fishing or boating or access to the waters of this Commonwealth or will otherwise further the interests of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 7 - Property and Waters › Section 747 - Proceeds from sales and grants

§ 747. Proceeds from sales and grants.
All net proceeds from the sale of lands, waters, timber, oil, gas or other minerals, leases of commission lands, waters or interests or rights from the production or sale of minerals and from licenses or other rights, granted by the commission, shall be deposited in the Fish Fund or, if moneys from the Boat Fund were expended to acquire the lands, in the Boat Fund. If moneys from both the Fish Fund and the Boat Fund were expended to acquire the lands, then the proceeds shall be deposited in the respective funds in proportion to the amount expended from each fund for the acquisition of the lands.
Cross References.
Section 747 is referred to in section 531 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 9 - Enforcement › Section 902 - Enforcement of other laws

§ 902. Enforcement of other laws.
All waterways conservation officers and deputy waterways conservation officers are authorized to enforce all the laws of this Commonwealth, and rules and regulations promulgated thereunder, relating to game, parks and forestry, under the direction of the Pennsylvania Game Commission and of the Department of Conservation and Natural Resources, respectively.
(Nov. 1, 2012, P.L.1716, No.211, eff. 60 days)
Transfer of Powers.
Section 303(b) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section 902.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 9 - Enforcement › Section 903 - Delegation of enforcement powers

§ 903. Delegation of enforcement powers.
Any person employed or elected by the Commonwealth or by any municipality, whose duty it is to preserve the peace or to make arrests or to enforce the laws of this Commonwealth, may be designated and empowered by the executive director, with the approval of the commission, to enforce the provisions of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 9 - Enforcement › Section 904 - Interference with officers

§ 904. Interference with officers.
(a) General rule.--
Any person who interferes with any officer of this Commonwealth in the performance of his duty under the provisions of this title commits a summary offense of the first degree.
(a.1) Resisting inspection or apprehension.--
Any person who by force, menace, threat or in any manner resists inspection or arrest for violation of any of the provisions of this title or who refuses to go with an officer authorized to enforce this title after an arrest has been made commits a misdemeanor of the first degree.
(b) Assaulting an officer.--
A violation of 18 Pa.C.S. §§ 2702 (relating to aggravated assault), that involves a person listed under 18 Pa.C.S. § 2702(c)(38), and 2702.1 (relating to assault of law enforcement officer) is an offense under this title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall apply.
(c) Producing identification.--
Any person required by this title or the regulations promulgated hereunder to carry positive identification who refuses to produce such identification upon request of any officer or any holder of any license or permit issued under this title who refuses to sign his name in the presence of the officer when such action is requested to establish the person's identity commits a summary offense of the second degree.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 30 - FISH › Chapter 9 - Enforcement › Section 905 - Reciprocal enforcement on Delaware River

§ 905. Reciprocal enforcement on Delaware River.
So long as the State of New York or the State of New Jersey, as the case may be, has in effect a statutory provision analogous to this section, any person who is authorized to enforce this title or a reciprocating state may enforce this title on any part of the Delaware River between those states or on the shores of that river.