Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter B - SPORT FISHING AND ANGLING › Section 69.19 - Permit for the use of cast nets, throw nets or dip nets by sport anglers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Executive
					 Director or a designee may issue permits for the use of cast nets, throw nets
					 or dip nets for the taking of emerald shiners or spottail shiners from Lake
					 Erie including Presque Isle Bay.
(b) In addition to other permit conditions
					 that the Executive Director may require, the cast nets or throw nets may not be
					 greater than 10 feet in radius (20 feet in diameter) and the dip nets may not
					 be greater than 10 feet in diameter.
(c) Notwithstanding the provisions in
					 69.12
					 (relating to seasons, sizes and creel limits-Lake Erie, Lake Erie tributaries
					 and Presque Isle Bay including peninsula waters), holders of a permit issued
					 under this section may take, catch, kill or possess a daily creel limit of 200
					 emerald shiners and spottail shiners (combined species).
(d) A person may apply for a permit for the
					 use of cast nets, throw nets or dip nets by completing the form prescribed by
					 the Commission. The applicant shall submit the completed form to the Commission
					 along with the fee in section 2902 of the code (relating to net
					 permits).
(e) It is unlawful to use
					 cast nets, throw nets or dip nets for the taking of emerald shiners or spottail
					 shiners or to take, catch, kill or possess more than the daily creel limit of
					 emerald shiners or spottail shiners as set forth in
					 69.12
					 without the required permit. A permit for the use of cast nets, throw nets or
					 dip nets shall be carried so that it can be presented to an officer authorized
					 to enforce the code. The permit holder is the only person authorized to use the
					 cast net, throw net or dip net.
(f)
					 It is unlawful to use emerald shiners or spottail shiners taken under a permit
					 for the use of cast nets, throw nets or dip nets as bait in any water other
					 than Lake Erie and Lake Erie tributaries including Presque Isle Bay.
(g) It is unlawful to sell, offer for sale,
					 trade or barter live, dead or preserved emerald shiners or spottail shiners
					 taken under a permit for the use of cast nets, throw nets or dip
					 nets.
(h) It is unlawful to
					 transport or export live, dead or preserved emerald shiners or spottail shiners
					 taken under a permit for the use of cast nets, throw nets or dip nets out of
					 the Lake Erie watershed.
(i) The
					 holder of a permit for the use of cast nets, throw nets or dip nets may possess
					 an unlimited number of preserved emerald shiners or spottail shiners at the
					 permit holder's residence provided the residence is located within the Lake
					 Erie watershed.
(j) It is unlawful
					 for a holder of a permit under this section to use a cast net, throw net or dip
					 net within 100 yards of a holder of a commercial seine license.
(k) It is unlawful for a holder of a permit
					 under this section to use a cast net, throw net or dip net within an area 300
					 feet from the mouth of any stream or within the confines of a tributary stream
					 to Lake Erie.
(l) It is unlawful for
					 a holder of a permit under this section to use a cast net, throw net or dip net
					 to interfere with sport anglers or boaters.
(m) The fee for any cast net issued under
					 this section shall be $25.
(n) The
					 fee for any trap net issued to a resident of the Commonwealth under this
					 section shall be $100.
(o) The fee
					 for any trap net issued to a nonresident of the Commonwealth under this section
					 shall be $200.
(p) The fees imposed
					 under sections (m), (n) and (o) are effective beginning January 1,
					 2023.
The provisions of this §
													69.19 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2102.