reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 65 - SPECIAL FISHING REGULATIONS › Section 65.20 - Mentored Youth Fishing Day Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Executive Director may annually designate Mentored Youth Fishing Days. As
				  part of the designation, the Executive Director will identify the species,
				  waters, dates, creel and minimum size limits and other applicable limitations.
				  The designation will be effective upon publication of a notice in the
Pennsylvania Bulletin
.
(b) It is unlawful to fish in waters
				  designated as part of the Mentored Youth Fishing Day Program except in
				  compliance with the following requirements when participating in the Mentored
				  Youth Fishing Day Program:
(1) Anglers shall
				  adhere to the limitations as established by the Executive Director by notice in
				  the
Pennsylvania Bulletin
.
(2) An angler 16 years of age or older shall
				  be accompanied by a youth, less than 16 years of age, who has obtained a
				  mentored youth permit or a voluntary youth fishing license from the
				  Commission.
(3) A youth angler
				  shall obtain a mentored youth permit or a voluntary youth fishing license from
				  the Commission and be accompanied by an angler 16 years of age or
				  older.
(4) A current trout permit
				  is required for an angler 16 years of age or older when participating in a
				  Mentored Youth Fishing Day Program that relates to trout.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 65 - SPECIAL FISHING REGULATIONS › Section 65.21 - Waters limited to specific purposes- exclusive use fishing areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Executive
				  Director, with the approval of the Commission, may designate waters as being
				  for the exclusive use of children or special populations, or both, for the
				  purpose of fishing. The designation is effective when the waters are so posted
				  after publication of a notice of designation in the
Pennsylvania
				  Bulletin
.
(b) As used in
				  this section, the term "children" means persons 15 years of age or under. The
				  term "special populations" means persons who are exempt from the fishing
				  license requirement by section 2709(b) of the code (relating to exemptions from
				  license requirements), persons whose visual acuity with best correcting lens is
				  3/60 or 10/200 or poorer in the better eye, persons whose vision is such that
				  the widest diameter of the visual field of the better eye has contracted to
				  such an extent that it subtends an angular distance of not greater than 20°
				  or persons permanently deprived of the full use of a leg or both
				  legs.
(c) It is unlawful for a
				  person other than a child or member of special populations to fish in a
				  designated exclusive use area.
(d)
				  The Commission will not designate waters under this section:
(1) As being for the exclusive use of
				  children unless the sponsor of the proposed exclusive use area agrees to be
				  responsible for the administration and control of the area, posting signs and
				  assisting in enforcement; the owner of the waters agrees to the designation in
				  writing; and the political subdivision where the area is to be located approves
				  the designation in writing. The sponsor also shall establish that the proposed
				  exclusive area will be used year-round by showing that fishing
				  tournaments/derbies, stocking or special events are planned throughout the
				  year.
(2) As being for the
				  exclusive use of special populations unless the sponsor of the proposed
				  exclusive use area agrees to be responsible for the administration and control
				  of the area, posting of signs and assisting in enforcement; the owner of the
				  waters agrees to the designation in writing; and the political subdivision
				  where the area is to be located approves the designation in writing. The
				  sponsor also shall describe how the proposed exclusive use area is accessible
				  and what accommodations have been made for use by special populations. The
				  sponsor further must certify that the requirements of the Americans with
				  Disabilities Act of 1990 (42
				  U.S.C.A. §§
												12210-12213)
				  and the regulations promulgated thereunder are currently met and will be met in
				  the future.
(3) As being for the
				  exclusive use of both children and special populations unless the sponsor meets
				  the requirements of paragraphs (1) and (2).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 65 - SPECIAL FISHING REGULATIONS › Section 65.23 - Special restrictions on polluted zones

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Executive Director, with the approval
				  of the Commission, may determine that fishing should be curtailed or prohibited
				  in polluted waters or that the taking or killing of fish from the waters should
				  be prohibited. Special restrictions imposed under this section shall be
				  effective when the waters are so posted after publication of a notice of
				  restriction in the
Pennsylvania Bulletin
; the Executive
				  Director or his designee may take immediate action to post waters when he finds
				  it apropriate to further the health and safety of persons who fish.
(b) It is unlawful for a person to take,
				  catch, possess while in the act of fishing or kill fish from polluted zones in
				  violation of the posted conditions imposed under this section.
(c) This section may not be construed to
				  relieve the person or entity responsible for placing or allowing harmful
				  substances to be present in fishing waters from criminal or civil liability for
				  acts or omissions with regard to the substances. This section does not place
				  liability or duty on the Commonwealth or the Commission or their employes,
				  officers, agents or assigns, to locate, identify or post waters where harmful
				  substances may be present; nor may the Commonwealth, the Commission or their
				  officers, employes, agents or assigns be liable for the consequences of harmful
				  substances being present in fishing waters. This section does not confer or
				  convey ownership, control or jurisdiction, over these waters on the Commission
				  except as may be otherwise provided by law or regulation.
The provisions of this §
												65.23 amended under section 10 of
						the Sunshine Act (65 P.S. §
													280); and
						section 506 of The Administrative Code of 1929 (71 P.S. §
													186).
This section cited in 58 Pa. Code §
												63.21 (relating to designation of
						fishing regulations).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 65 - SPECIAL FISHING REGULATIONS › Section 65.25 - Temporary changes to fishing regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding other provisions of this
				  chapter requiring the advance approval of the Commission for designation or
				  withdrawal of designation of waters as specially regulated areas, the Executive
				  Director is hereby authorized to take immediate action to temporarily modify
				  fishing regulations when he finds that modifications are necessary and
				  appropriate for the protection, preservation and management of fish or fish
				  habitat; to conserve and preserve fishing opportunities; or to provide for
				  health and safety of persons who fish the waters. The Executive Director will
				  cause temporary modifications to be posted in the vicinity of the regulated
				  waters; and, when so posted, the modified regulations shall be effective. As
				  soon as practicable after taking immediate action to temporarily modify fishing
				  regulations, the Executive Director will cause a notice of this action to be
				  published in the
Pennsylvania Bulletin
.
(b) When the Executive Director takes
				  immediate action to temporarily modify fishing regulations, he will notify the
				  members of the Commission of the action and cause the matter to be placed on
				  the agenda of the next regular or special meeting of the Commission. Temporary
				  modifications effected under this authority will expire on January 1 of the
				  following year or 6 months after they are effected, whichever comes later
				  unless the Commission shall by then, by appropriate action, have approved the
				  designation or redesignation of waters or shall have approved the revision to
				  the regulation in question.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 65 - SPECIAL FISHING REGULATIONS › Section 65.26 - Extended trout season

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The extended trout season is in effect from the
				  day after Labor Day until the third Monday in February of the following year on
				  stocked trout waters. A creel limit of three trout per day and a minimum size
				  limit of 7 inches apply during this season, except Class A wild trout streams
				  where the creel limit is 0 and areas with special regulations.
(b)
Waters not stocked trout
				  waters.
The Executive Director or designee may grant a permit to apply
				  extended trout season regulations to waters that are not stocked trout waters
				  upon written application of the owner or lessee of the lands on which the
				  waters are located. Applications shall be made on forms provided by the
				  Commission. Applications will be reviewed to ensure that applying extended
				  trout season regulations to the waters in question is consistent with the best
				  appropriate fisheries management of the waters in question, and to ensure that
				  approval of the application will have no adverse effect on the preservation and
				  expansion of public fishing opportunities within this Commonwealth. Approval or
				  disapproval of applications shall be subject to review under Chapter 51,
				  Subchapter E (relating to permit procedures). Permits for extended trout season
				  on waters other than stocked trout waters will be valid until the last day of
				  the extended trout season of the 6th year after the year in which they are
				  issued.
The provisions of this §
												65.26 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													305,
						322,
						741,
						928,
						2102,
						2307,
						2711 and
						5122-5124; amended under
						the Fish and Boat Code,
						30 Pa.C.S. §§
													2102 and
						2307(a).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 67 - NURSERY WATERS › Section 67.1 - Nursery waters and exhibition areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Executive Director, with the approval of the Commission, may designate
				  waters as nursery waters or exhibition areas to which the penalties of section
				  2106 of the code (relating to fishing in hatchery or nursery waters) applies.
				  The designation of waters as nursery waters or exhibition areas shall be
				  effective upon posting of the waters after publication of a notice that the
				  waters have been so designated in the
Pennsylvania
				  Bulletin
.
(b) A person
				  commits a summary offense of the first degree as provided by section 2106 of
				  the code if the person fishes or trespasses with intent to fish in designated
				  nursery waters or exhibition areas.
(c) It is unlawful to disturb fish or other
				  aquatic life in nursery waters or exhibition areas by throwing stones, rocks or
				  other objects or otherwise agitating the waters.
This section cited in 58 Pa. Code §
												67.3 (relating to cooperative
						nurseries).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 67 - NURSERY WATERS › Section 67.2 - Refuge areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Executive Director, with the approval of the Commission, may designate waters
				  as refuge areas to which section 2306 of the code (relating to refuge areas)
				  shall apply. The designation of waters as refuge areas shall be effective upon
				  posting of the waters after publication of a notice that the waters have been
				  so designated in the
Pennsylvania Bulletin
.
(b) Refuge areas are closed to public fishing
				  except during the period from June 15 until the third Monday in February of the
				  following year.
(c) It is unlawful
				  to disturb fish or other acquatic life in refuge areas by any means, including
				  wading, throwing stones, rocks or other objects or otherwise agitating the
				  waters. This subsection will not be construed to prohibit fishing in such areas
				  during the extended trout season.
(d) A person violating this section or
				  fishing or entering a refuge area when fishing is prohibited shall be punished
				  as provided by section 2306 of the code.
The provisions of this §
												67.2 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2306(a).
This section cited in 58 Pa. Code §
												63.21 (relating to designation of
						fishing regulations).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 67 - NURSERY WATERS › Section 67.3 - Cooperative nurseries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Executive Director with the approval of the Commission may designate
				  cooperative nurseries throughout this Commonwealth.
(b) The waters of a designated cooperative
				  nursery are considered nursery waters for purposes of §
										67.1 (relating to nursery waters
				  and exhibition areas).
(c) The
				  Executive Director will cause a list of designated cooperative nurseries to be
				  maintained for the Commission and will cause the list from time to time to be
				  updated and revised.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter A - GENERAL PROVISIONS › Section 69.1 - Statutory authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Subchapter B (relating to sport fishing and angling) is promulgated under
					 sections 741, 2102 and 2106 of the code (relating to control of property; rules
					 and regulations; and fishing in hatchery or nursery waters).
(b) Subchapters C and D (relating to
					 commercial fishing licenses; and commercial fishing, seasons and nets) are
					 promulgated under section 2903 of the code (relating to boat and net licenses
					 for boundary lakes).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter A - GENERAL PROVISIONS › Section 69.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter governs sport fishing and angling and
						commercial fishing in Lake Erie and its tributaries.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter A - GENERAL PROVISIONS › Section 69.3 - Transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 purposes of this section, species of fish that are susceptible to viral
					 hemorrhagic septicemia (VHS) are those species that the Animal and Plant Health
					 Inspection Service of the United States Department of Agriculture designates by
					 order or the Commission defines by notice published in the
Pennsylvania
					 Bulletin
.
(1) The term
					 "VHS-susceptible species" includes fish that are dead or alive, preserved or
					 unpreserved, and the parts thereof.
(2) The term "VHS-susceptible species" does
					 not include the eggs of these species.
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 69.11 - Applicability of fishing regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this subchapter, this
						subpart applies to fish and sport fishing in Lake Erie, Lake Erie tributaries
						and Presque Isle Bay, including peninsula waters.
The provisions of this §
													69.11 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2102.
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 69.12 - Seasons, sizes and creel limits-Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful to take, catch, kill or
					 possess fish, except during the seasons specified in this section. It is not a
					 violation of this section if a fish caught out of season from water where
					 fishing for other species is lawful is immediately returned unharmed to the
					 waters from which it was taken.
(b)
					 It is unlawful to take, catch, kill or possess fish of less than the minimum
					 size specified in this section. It is not a violation of this section if an
					 undersized fish taken from waters where fishing is otherwise lawful is
					 immediately returned unharmed to the waters from which it was taken.
(c) It is unlawful to take, catch or kill
					 more than 1 day's limit of any species of fish as specified in the following
					 chart during 1-calendar day. It is unlawful to possess more than 1 day's limit
					 of any species of fish as specified in the following chart except under the
					 following circumstances:
(1) A person may
					 possess any number of lawfully caught fish at the person's residence.
(2) A person who is engaged in a fishing trip
					 away from home for 2 or more consecutive calendar days may, while transporting
					 fish from the place where caught to his residence, possess a number of fish
					 equal to no more than two times the daily creel limit for that species of fish.
					 In prosecution for violation of this section, it shall be a rebuttable
					 presumption that a person transporting fish from a fishing site caught all the
					 fish during 1-calendar day.
(3) A
					 fish will not be considered to be caught in violation of this section if it is
					 immediately returned unharmed to the waters from which it was taken.
(4) A fish caught that is not to be counted
					 in the creel limit shall be immediately released unharmed into the water from
					 which taken. A fish that is injured or is bleeding as a result of being caught
					 will not be considered unharmed and will be considered as part of a daily creel
					 or possession limits. Except as otherwise provided in §
												53.24 or §
												63.40 (relating to tournament and
					 fishing derby permits; and fishing tournament and fishing derbies), a fish
					 placed on a stringer, or confined by any type of container, structure or
					 device, or not returned immediately to the water, will be considered as part of
					 the daily creel or possession limits. Fish returned to the water shall be
					 handled carefully and be returned unharmed to the water from which
					 taken.
(5) Fish may be given to
					 another person, but the fish will be counted in the donor's creel limit and
					 neither the donor nor the recipient may kill or possess (while in the act of
					 fishing) more than the limit allowed.
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 69.12a - Special regulations applicable to Lake Erie tributary streams

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 Lake Erie tributary streams are designated as Nursery Waters-Trout Run and its
					 tributaries; Godfrey Run; Orchard Beach Run; and Crooked Creek (where posted).
					 It is unlawful to fish, wade or possess fishing equipment while in or along
					 Lake Erie tributary streams designated as Nursery Waters.
(b) Archery fishing or spear fishing is
					 prohibited in or along Lake Erie tributary streams.
(c) From 12:01 a.m. on the day after Labor
					 Day, until the opening day of the regular season for trout of the following
					 year, all Lake Erie tributary streams are closed to fishing from 10 p.m. until
					 5 a.m. on the following day except for Walnut Creek north of Manchester Road
					 Bridge and Elk Creek north of Route 5.
(d) It is unlawful to fish from 10 p.m. until
					 5 a.m. of the following day within 50 yards of the mouth of both Trout Run and
					 Godfrey Run while fishing the Lake Erie shoreline.
The provisions of this §
													69.12a amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2102.
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 69.12b - Lake Erie walleye and yellow perch adaptive management for establishing daily limits

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director or a designee will monitor the
						walleye and yellow perch populations in Lake Erie taking into account
						commercial and recreational harvest. Based on that information, the Executive
						Director will establish daily limits for walleye and yellow perch that are
						necessary and appropriate for the better protection and management of the
						fishery. The Executive Director will establish the daily limits for walleye and
						yellow perch each year and announce them on or before April 15. In any given
						year, the Executive Director may revise the daily limit for walleye or yellow
						perch if the Executive Director determines that conditions warrant a revision.
						The daily limits will remain in effect until the Executive Director establishes
						new daily limits. Anglers are responsible for obtaining the current daily
						limits for walleye and yellow perch on Lake Erie including Presque Isle Bay
						prior to fishing those waters.
The provisions of this §
													69.12b issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2102.
This section cited in 58 Pa. Code §
													69.12 (relaitng to seasons, sizes
						  and creel limits-Lake Erie, Lake Erie tributaries and Presque Isle Bay
						  including peninsula waters).
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 69.16 - Nursery waters

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director, with the approval of the
						Commission, may designate nursery waters or exhibition areas on Lake Erie and
						its tributaries to which the penalties of section 2106 of the code (relating to
						fishing in hatchery or nursery waters) apply. The designation of Lake Erie or
						tributary waters as nursery waters or exhibition areas shall be effective upon
						posting of the waters after publication of a notice of designation in the
Pennsylvania Bulletin
.
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 69.17 - Sale of fish

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
					 for a person other than the holder of a Lake Erie commercial fishing license
					 issued under section 2903 of the code (relating to boat and net licenses for
					 boundary lakes), or the agents and employes of the licensee to take, catch or
					 kill fish from the Pennsylvania waters of Lake Erie or its tributaries for the
					 purpose of selling the fish or offering them for sale.
(b) It is unlawful for a person, other than
					 the holder of a Lake Erie commercial fishing license issued under section 2903
					 of the code or the agents and employes of the licensee to sell or offer for
					 sale fish that was taken from, caught or killed in from the Pennsylvania waters
					 of Lake Erie or its tributaries.
(c) It is unlawful to knowingly purchase fish
					 taken, caught or killed from or in the Pennsylvania waters of Lake Erie or its
					 tributaries except from the holder of a commercial license issued under section
					 2903 of the code or the agent or employe of the licensee.
(d) In prosecutions for violations of this
					 section, it shall be presumed that any species of fish that lives or occurs
					 within Pennsylvania waters of Lake Erie or its tributaries which fish is sold,
					 offered for sale or purchased in this Commonwealth was taken, caught or killed
					 from the Pennsylvania waters of Lake Erie or its tributaries. A person accused
					 of a violation of this section may rebut the presumption that fish were taken,
					 caught or killed from the Pennsylvania waters of Lake Erie or its tributaries
					 by proving that he lawfully obtained the fish from a source other than the
					 Pennsylvania waters of Lake Erie or its tributaries.
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 69.21 - Limitations on number and types of commercial licenses

Current through Register Vol. 54, No. 28, July 13, 2024
The number and types of commercial fishing licenses for
						fishing in Lake Erie shall be limited as follows:
(1) Trap nets: Up to three applicants may be
					 licensed to fish up to six trap nets each. Each trap net requires a separate
					 license.
(2) Seines: 40 licenses.
					 An applicant may be issued up to three seine licenses in a year. Each seine
					 requires a separate license.
The provisions of this §
													69.21 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
This section cited in 58 Pa. Code §
													69.25 (relating to transfer of
						  licenses).
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 69.22 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Renewals.
Licensees applying for renewal of a Lake Erie
					 commercial fishing license shall submit their application on forms provided by
					 the Commission by no later than March 1 of the year for which the license is
					 sought. The applicant shall fully and accurately complete the application and
					 provide requested information.
(b)
Nonrenewals.
Applicants for new licenses shall submit their
					 applications on forms provided by the Commission by no later than March 15 of
					 the year for which the license is sought. Applicants shall fully and accurately
					 complete the application and provide requested information. A new license will
					 not be issued until on or after April 1. If there are more applicants for new
					 licenses than the number of licenses available after renewals have been issued,
					 on or after April 1, the Executive Director will cause a random drawing to be
					 conducted to determine which applicants for new licenses shall be issued these
					 licenses.
(c)
Residency
. Applicants for resident commercial fishing licenses
					 shall submit proof of their residence in this Commonwealth by showing that they
					 paid personal income tax to the Commonwealth for the year prior to the year of
					 application. Proof shall include evidence that the applicant paid resident
					 personal income tax to the Commonwealth and did not pay income tax as a
					 resident of any other state or sovereignty. Applicants for resident commercial
					 licenses shall also submit proof that boats used for fishing in Commonwealth
					 waters of Lake Erie are either registered with the Commonwealth or documented
					 in accordance with Federal law. To qualify for a resident license, both the
					 applicant and the principal operators of the gear subject to licensing shall
					 prove to the satisfaction of the Commission that they are bona fide residents
					 of this Commonwealth. The applicant shall submit the names and addresses of all
					 operators of the gear to be licensed, including proof of their residence in
					 this Commonwealth.
(d)
Ownership.
The applicant for a Lake Erie commercial fishing
					 license shall prove to the satisfaction of the Commission that the applicant is
					 the owner or lessee of the gear to be licensed. A license will not be issued to
					 an individual who is not the owner or lessee of the gear for which application
					 is made for licensing.
(e)
Age
. Applicants for a commercial fishing license under this
					 chapter shall submit proof that they are at least 18 years of age.
(f)
Boats
. Applicants for a
					 commercial fishing license under this chapter shall provide a description of
					 the boats to be used with licensed gear.
The provisions of this §
													69.22 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
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 69.23 - Responsibility of licensees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Licensees shall personally sign and attest to all reports required by this
					 chapter or by statute.
(b) Trap net
					 licensees are personally responsible for, and shall be physically present
					 during, the day-to-day operation of gear licensed under this chapter and
					 section 2903 of the code (relating to boat and net licenses for boundary
					 lakes). Day-to-day operation of gear includes setting, lifting, pulling and
					 cleaning of nets and the sorting and landing of catch. If exigent circumstances
					 preclude the physical presence of the licensee during the day-to-day operation
					 of gear, the licensee shall notify in advance the Northwest Region Law
					 Enforcement Office.
(c) Seine net
					 licensees are personally responsible for the day-to-day operation of gear
					 licensed under this chapter and section 2903 of the code. The seine net
					 licensee, agent or employee of a licensee may conduct day-to-day operation of
					 the licensed seine net. Day-to-day operation of gear includes setting, pulling
					 and cleaning of the seine net and the sorting and landing of catch.
(d) A licensee shall prove to the
					 satisfaction of the Commission that the licensee is responsible to carry out
					 the obligations of the license. The proof shall consist of the following:
(1) For the first year of application for a
					 license, the applicant shall show proof of ownership or lease of gear
					 authorized for license under this chapter and section 2903 of the
					 code.
(2) For the second and
					 subsequent years, the trap net licensee shall show proof of at least 50 days of
					 commercial fishing with the licensed gear in the Commonwealth waters of Lake
					 Erie in the previous year.
(3) For
					 the second and subsequent years, the seine net licensee shall show proof of at
					 least 10 days of commercial fishing with the licensed gear in the Commonwealth
					 waters of Lake Erie including Presque Isle Bay in the previous year.
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 69.24 - Limitations on gear

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed trap
					 netter may not use or fish more than six trap nets, singularly or in a series
					 or tandem set, at any one time.
(b)
					 No more than two licensed trap netters may fish from the same boat at any one
					 time. If two licensed trap netters fish from the same boat at the same time,
					 the trap netters shall clearly and distinctly separate their catch into
					 containers or boxes marked with their respective license numbers.
The provisions of this §
													69.24 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
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 69.25 - Transfer of licenses

Current through Register Vol. 54, No. 28, July 13, 2024
Lake Erie commercial fishing licenses are the sole
						property of the Commonwealth. When a licensee of gear licensed under §
											69.21 (relating to limitations on
						numbers and types of licenses) ceases commercial fishing, that license for that
						gear may be transferred to a qualified applicant who acquires possession of the
						licensed gear. The transferee shall pay the full license fee for the year in
						which the license is transferred. Transfers of licenses are subject to approval
						of the Commission based upon conditions existing at the time of proposed
						transfer. Licensees may not represent to potential transferees that the
						transfer of a license is a right or is otherwise guaranteed by statute or
						regulation.
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 69.27 - Expiration of license

Current through Register Vol. 54, No. 28, July 13, 2024
A commercial license issued under this chapter or section
						2903 of the code (relating to boat and net licenses for boundary lakes), shall
						expire on December 31 of the year for which it was issued.
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 69.28 - Commercial fishing without license

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to fish commercially or with a device
						subject to license under section 2903 of the code (relating to boat and net
						licenses for boundary lakes) in the Pennsylvania waters of Lake Erie except
						under a commercial license issued under this chapter and section 2903 of the
						code and in compliance with all requirements statutes, regulations and the
						terms and conditions set forth in the license.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter D - COMMERCIAL FISHING, SEASONS AND NETS › Section 69.32 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 58 Pa. Code §
													69.34 (relating to use of trawl
						  net).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter D - COMMERCIAL FISHING, SEASONS AND NETS › Section 69.35 - Use of commercial seines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Species.
It is unlawful to use a seine for commercial fishing
					 in Lake Erie except for the taking of emerald shiners, spottail shiners,
					 gizzard shad and alewife. There shall be no minimum length or daily limit for
					 legal species captured by means of seines.
(b)
Taking shiners, gizzard shad and
					 alewife.
It is unlawful to use a seine for the purpose of taking
					 emerald shiners, spottail shiners, gizzard shad and alewife within an area 300
					 feet from the mouth of any stream or within the confines of a tributary stream
					 to Lake Erie.
(c)
Lake Erie
					 proper.
Shore seining and seining from docks and boats with no
					 restrictions on the size of seine used is permitted for legal species
					 designated in subsection (a).
(d)
Identification of seine.
Each seine used shall be licensed
					 separately and shall carry the identifying plastic tag furnished with the
					 license.
(e)
Sale.
Emerald shiners, spottail shiners, gizzard shad or alewife caught by the holder
					 of a seine license issued under this chapter may be sold either alive, dead or
					 preserved by the holder of the license in the Lake Erie watershed only. It is
					 unlawful to sell these fish in other watersheds of this Commonwealth except in
					 accordance with §
											69.3(e) (relating
					 to transportation, introduction and sale of VHS-susceptible species of fish out
					 of the Lake Erie watershed).
(f)
Interference with sport anglers or boaters.
It is unlawful
					 for a holder of a seine license issued under this chapter to interfere with
					 sport anglers or boaters.
(g)
Interference with other holders of commercial seine license.
It is unlawful for the holder of a commercial seine license to use a seine
					 within 100 yards of another holder of a commercial seine license.
The provisions of this section amended under the Fish
						  and Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter D - COMMERCIAL FISHING, SEASONS AND NETS › Section 69.37 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful,
					 while fishing under a commercial fishing license, for commercial purposes, or
					 with devices subject to licensing under this chapter and section 2903 of the
					 code (relating to boat and net licenses for boundary lakes) to attempt to catch
					 any species of salmon, trout-including lake trout, sauger, largemouth bass,
					 smallmouth bass, muskellunge, northern pike and longjawed cisco. Fish that are
					 accidentally caught shall be returned immediately to the waters from which it
					 was taken regardless of its condition and reported to the Commission.
(b) It is unlawful for a person other than
					 the holder of a commercial fishing license, and the agents and employees of the
					 holder or an officer authorized to enforce the code or this part to lift, clear
					 or disturb a commercial net or net-marking buoy.
(c) It is unlawful while fishing under a
					 commercial license or otherwise fishing with a device subject to commercial
					 licensing to manipulate, alter or otherwise use a commercial fishing device in
					 a way to reduce the effective mesh size of the net being fished.
(d) It is unlawful to fish by hook and line
					 from a boat engaged in commercial fishing under this chapter.
The provisions of this §
													69.37 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter D - COMMERCIAL FISHING, SEASONS AND NETS › Section 69.38 - Clearing of nets

Current through Register Vol. 54, No. 28, July 13, 2024
Nets fished under a commercial fishing license or subject
						to licensing under this chapter and section 2903 of the code (relating to boat
						and net licenses for boundary lakes), shall be lifted and cleared of catch on a
						schedule as the Executive Director may establish to provide for the better
						protection and management of fish, except under circumstances where the
						Executive Director or his designee, upon a showing of good cause by the
						licensee, authorizes the licensee to lift and clear his nets on an alternate
						schedule.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter D - COMMERCIAL FISHING, SEASONS AND NETS › Section 69.39 - Landing of catch

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fish caught
					 under a Commonwealth commercial fishing license will be landed in this
					 Commonwealth. Each licensee shall notify the Commission of the location and
					 address where the licensee proposes to land fish. It is unlawful to land fish
					 caught under a Commonwealth commercial fishing license for fishing the
					 Commonwealth waters of Lake Erie at any location outside this
					 Commonwealth.
(b) Fish caught under
					 a Commonwealth commercial fishing license shall be landed in this Commonwealth
					 not later than 2 hours after sunset the same day as the net is
					 cleared.
(c) Fish caught under a
					 Commonwealth commercial fishing license may not be off-loaded onto a boat other
					 than a boat on which they were caught.
The provisions of this §
													69.39 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2903.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter E - TAGGED FISH CONTESTS IN BOUNDARY LAKES › Section 69.41 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Boundary lake
-Lake Erie, Pymatuning
						Reservoir, Yougiogheny Reservoir, Allegheny River (Kinzua) Reservoir and the
						portions of other natural lakes or impoundments that lie between this
						Commonwealth and another state or nation over which the Commonwealth exercises
						jurisdiction.
Tagged-fish contest
-An event where a
						person who has paid a fee to enter the contest wins a prize for catching a
						specially tagged, marked or branded fish.
The provisions of this §
													69.41 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2904.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter E - TAGGED FISH CONTESTS IN BOUNDARY LAKES › Section 69.42 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful
					 for a person to conduct a tagged-fish contest on Commonwealth waters unless the
					 person has first procured a permit issued by the Commission under section
					 2907.1 of the code (relating to
					 tagged fish contests on boundary lakes) and this subchapter.
(b) As required by section
					 2907.1 of the code, the Commission
					 will issue permits for tagged-fish contests on boundary lakes where the other
					 state which bounds the lake permits the contests under the procedures in this
					 subchapter unless the Commission finds that the proposed contest threatens the
					 fisheries resources of the Pennsylvania portion of the boundary lake where the
					 contest is to be conducted. Before issuing a permit, the Commission staff will
					 make two findings as follows:
(1) Whether the
					 other state which bounds the lake permits the contests.
(2) Whether the proposed contest threatens
					 the fisheries resources of the Commonwealth portion of the boundary lake where
					 the contest is to be conducted.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 69 - FISHING IN LAKE ERIE AND BOUNDARY LAKES › Subchapter E - TAGGED FISH CONTESTS IN BOUNDARY LAKES › Section 69.43 - Applications for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Applications for permits to conduct tagged-fish contests shall be submitted on
					 forms approved by the Commission.
(b) The permit application shall be
					 accompanied by an original letter, signed by the head of the agency or a
					 designee responsible for regulating fishing and boating in the state, province
					 or nation which bounds the boundary lake where the proposed contest is to be
					 conducted indicating that the other state permits the proposed
					 contest.
(c) The application shall
					 include information on the species of fish to be marked and tagged, the number
					 and species of fish to be released, the anticipated number of anglers and
					 boaters who may participate in the contest, the duration of the contest, the
					 number of fish expected to be caught by participants in the contest and a
					 description of the applicant's assessment of the impacts that the tagged-fish
					 contest will have on fisheries resources of Commonwealth waters where the
					 contest is to be conducted.
(d) To
					 permit the Commission adequate time to review the fishery resource implications
					 of a proposed tagged-fish contest on Commonwealth boundary lakes, the
					 application for a proposed contest shall be received by the Commission at the
					 address indicated in subsection (f) at least 90 days in advance of the date of
					 the proposed contest. The 90-day time limit for filing permit applications for
					 tagged-fish contests is an exception to §
											51.42 (relating to
					 applications).
(e) Permits issued
					 under section
					 2907.1 of the code are deemed by
					 the Commission to be permits for the protection and management of the
					 particular species of fish targeted by the proposed tagged-fish contest. The
					 application for a permit shall be accompanied by a permit fee of
					 $100.
(f) Questions concerning
					 permit applications may be referred to the Bureau of Law Enforcement at (717)
					 705-7861. Applications for permits are available from and shall be submitted
					 to:
Pennsylvania Fish and Boat Commission Bureau of Law
						Enforcement Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000
The provisions of this §
													69.43 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  2904; amended under
						  section 506 of The Administrative Code of 1929 (71 P. S. §
														186).