Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter C - COMMERCIAL FISHING LICENSES › Section 69.26 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The holder of a
					 license described in this chapter or section 2903 of the code (relating to boat
					 and new licenses for boundary lakes), shall file a monthly report with the
					 Commission describing the licensee's daily catch for each grid fished during
					 the period. When a trap net licensee holds multiple trap net licenses, the
					 licensee shall only file one consolidated report each month for catches with
					 all trap nets. Separate reports shall be filed for other types of licensed
					 gear. Reports shall be made on forms furnished by the Commission and shall be
					 received on or before the 5th day of the month following the month to which the
					 report pertains. Reports shall be sent to the Fish and Boat Commission,
					 Northwest Region Law Enforcement Office.
(b) Whenever the Executive Director deems it
					 necessary to provide for better protection and management of the Lake Erie
					 fishery, the Executive Director may require that commercial licensees submit
					 weekly or daily reports of their catches. A weekly report is due on or before
					 noon of Wednesday of the week following the week to which the report pertains.
					 A daily report is due by 4 p.m. of the day following the day to which it
					 pertains. Licensees will be advised in writing of the requirement to submit
					 weekly or daily reports. Weekly or daily reports shall be submitted to the same
					 address as monthly reports.
(c) It
					 is unlawful for a licensee to fail to report accurately and in a timely manner
					 matters required by this section. It is unlawful to fail to file a report for a
					 specified period of time even if the licensee conducts no fishing activity
					 during the time period.
(d) If a
					 report required by this section is not received by the Commission by the date
					 when it is due, the Executive Director or a designee will issue an order
					 directing the licensee to suspend fishing operations until the required report
					 is submitted. It is unlawful for a licensee to fish in violation of an order
					 from the Executive Director or a designee to suspend operations for failure to
					 submit a report. The Executive Director or a designee may extend the deadline
					 for receipt of a report of not more than 5 days for a monthly report, 3 days
					 for a weekly report and 1 day for daily report-upon written application of the
					 licensee showing good cause for the delay. This subsection does not limit
					 prosecution for failure to submit timely and accurate reports or to limit the
					 Commission from taking appropriate action in accordance with Chapter 51
					 Subchapter C (relating to suspension, denial or revocation of licenses,
					 permits, registrations or privileges) when a licensee is convicted of a
					 violation of statute or regulations.
(e) Information contained in reports
					 submitted under this section may be used for governmental purposes by the
					 Commission and other agencies. Information contained in the reports will not be
					 released to the public without the consent of the licensee except as may be
					 required in compliance actions and prosecutions for violation of reporting
					 requirements or as otherwise required by law.
(f) At least one copy of the monthly report
					 shall be kept on the boat and be available for inspection and review by an
					 officer authorized to enforce the code or this part. This report form shall be
					 updated by the captain or principal operator on a daily basis. Information
					 entered on this report shall be complete, up-to-date and accurately reflect
					 daily catches for the month.
(g)
					 The holder of a license described in this chapter or section 2903 of the code
					 shall estimate the weight of the daily catch before landing and document this
					 information on forms provided by the Commission.
The provisions of this §
													69.26 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.