reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.129 - Special issuing agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission may designate holders of charter boat/fishing guide permits as
					 special issuing agents for the purpose of selling to their customers One-Day
					 Fishing Licenses, Three-Day Tourist Fishing Licenses, Seven-Day Tourist Fishing
					 Licenses and trout/salmon permits and special permits for fishing Lake Erie and
					 tributaries.
(b) A holder of a
					 charter boat/fishing guide permit may seek to become a special issuing agent by
					 completing and submitting to the Commission an application on the form
					 prescribed by the Commission. Applications to become a special issuing agent
					 shall be accompanied by a bond or other security in a form satisfactory to the
					 Commission in an amount equal to the value of the licenses, stamps and permits
					 being requested by the applicant. The one-time, nonrefundable fee required by
					 §
											51.35 (relating to operation of
					 the issuing agency) is waived.
(c)
					 Special issuing agents shall file quarterly reports of all fishing licenses,
					 stamps and permits sold during the quarter in the manner determined by the
					 Commission. Special issuing agents may file reports more frequently at the
					 discretion of the agent.
(1) Special issuing
					 agents shall include in their quarterly report detailed sales information and
					 remittance for all licenses, stamps and permits sold during the reporting
					 period.
(2) Special issuing agents
					 shall file their reports so that they are received in the Harrisburg office by
					 the 15th of the month following the reportable quarter.
(3) Special issuing agents shall file a
					 report even if there is no sales activity to report for the quarter. Failure to
					 file a report places the agency in a delinquent status.
(4) Special issuing agents shall indicate
					 their agent number on the report, as well as the remittance.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.130 - Boundary waters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Residents
					 of this Commonwealth who operate charter boats or fishing guide operations on
					 boundary waters under the jurisdiction of the Commonwealth shall possess a
					 resident charter boat/fishing guide permit.
(b) Nonresidents of this Commonwealth who
					 operate charter boats or fishing guide operations on boundary waters under the
					 jurisdiction of the Commonwealth shall possess a nonresident charter
					 boat/fishing guide permit.
(c) For
					 purposes of this section, there shall be a rebuttable presumption that a person
					 operating a charter boat or fishing guide operation is operating on the waters
					 of this Commonwealth if the person uses a boat launch in this
					 Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter M - UNCOLLECTABLE CHECKS › Section 51.131 - Service charge for uncollectible checks

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a check or similar instrument issued in payment
						of a 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 $40. The service charge shall be credited
						to the Fish Fund or the Boat Fund, as appropriate. This fee is effective
						beginning January 1, 2023.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Commission property
-Includes either of the
					 following:
(i) Property owned or
				  leased by the Commission.
(ii)
				  Property controlled by the Commission or held open to public use under an
				  agreement conferring sufficient jurisdiction on the Commission to publish
				  regulations under
				  30 Pa.C.S. §
											741
				  (relating to control of property).
Fishing tournament
-An organized event
					 where two or more individuals fish during a specified time period. An activity
					 that involves any of the following factors is considered a fishing
					 tournament:
(i) The event is sponsored
				  or promoted by an individual or organization.
(ii) The event involves the award of
				  trophies, prizes or other recognition to participants for catching fish during
				  the tournament.
(iii) The sponsors
				  or promoters of the event have their own rules or requirements for participants
				  in the tournament.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.2 - Camping and cooking

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in subsection (b), it is
					 unlawful for a person to camp overnight on or in Commission-owned or
					 -controlled property or waters, to erect a tent or other device used for or
					 capable of being used for cooking or sleeping or to build or maintain open
					 fires on the property.
The provisions of this §
												53.2 amended under section 741 of
						the Fish and Boat Code (30 Pa.C.S. §
													741).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.3 - Littering, abuse and destruction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It
				  is unlawful to deposit a substance on Commission property except in containers
				  provided for disposal. It is unlawful for a person to deposit on
				  Commission-owned property a substance accumulated at any place other than
				  Commission property.
(b) It is
				  unlawful to remove or deface a sign, poster or property; to damage lands,
				  fixtures, devices or structures; or to interfere with the flow of water over or
				  through a structure owned, leased or controlled by the Commission.
(c) It is unlawful for a person to remove
				  flowers, plants, shrubs or trees on Commission-owned or -controlled property
				  except in compliance with a permit issued by the Executive Director.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.4 - Limiting access to Commission property and other restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Commission-owned or -controlled property,
				  including Commission lakes and access areas, may be closed to the public during
				  hours as the Executive Director may direct. The Executive Director will publish
				  a notice in the
Pennsylvania Bulletin
and will cause the hours
				  to be posted at the site. Time restrictions imposed under this subsection will
				  be effective when posted at the site. It is unlawful for any person to enter or
				  remain upon Commission property during the times it is closed to public use,
				  without the express written consent of the Executive Director or a designee.
(b) The Executive Director or a
				  designee may issue an order barring any person from entering or remaining upon
				  a named Commission property when the Executive Director finds that the presence
				  of the person on Commission property constitutes a substantial disruption of
				  Commission operations or a reasonable threat to the health and safety of
				  Commission personnel or other persons who are engaged in other lawful uses of
				  the property. Orders issued under this subsection may be appealed to the
				  Commission under 1 Pa. Code §
										35.20 (relating to appeals from
				  the actions of the staff).
(c) The
				  Executive Director may impose additional restrictions on the use of Commission
				  property, including prohibitions on use or possession of beer and alcoholic
				  beverages and restrictions on fires at times and for periods as the Director
				  deems appropriate for the protection and management of Commission-owned or
				  -controlled property. The Executive Director will publish a notice in the
Pennsylvania Bulletin
and will cause the additional
				  restrictions to be posted at the site. Additional restrictions imposed under
				  this subsection will be effective when posted at the site. It is unlawful to
				  violate restrictions imposed by the Executive Director on behalf of the
				  Commission under this subsection.
The provisions of this §
												53.4 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													741 and
						2711.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.5 - Hunting and trapping

Current through Register Vol. 54, No. 28, July 13, 2024
Legal hunting and trapping are permitted on property owned
					 or controlled by the Commission in conformance with 34 Pa.C.S. (relating to
					 Game and Wildlife Code) and Part III (relating to Game Commission) unless
					 otherwise posted.
This section cited in 58 Pa. Code §
												53.7 (relating to use of
						firearms).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.6 - Miscellaneous prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  unlawful to fish from the breast of a dam on Commission owned or controlled
				  properties where so posted.
(b) It
				  is unlawful to trespass on Commission owned or controlled property where so
				  posted.
(c) It is unlawful to swim
				  in waters on Commission owned or controlled property unless otherwise
				  posted.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.7 - Use of firearms

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for any person to carry or use firearms on
					 Commission owned or controlled properties except for persons:
(1) Engaged in lawful hunting and trapping
				  under §
										53.5 (relating to hunting and
				  trapping).
(2) Licensed to carry
				  firearms under
				  18 Pa.C.S. §
											6109
				  (relating to licenses) or authorized to do so in conformance with
				  18 Pa.C.S. §
											6106
				  (relating to firearms not to be carried without a license).
The provisions of this §
												53.7 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.8 - Boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An internal
				  combustion engine may not be used to propel a boat or to provide energy to the
				  motor on Commission lakes. Boats propelled by battery-powered electric motors
				  and nonmechanically propelled boats, subject to restrictions on sailboats and
				  inflatables, may be used either with or without internal combustion engines
				  attached. Boats propelled by battery-powered electric motors shall not be
				  operated at greater than slow no wake speed. Notwithstanding this subsection,
				  internal combustion engines may be used in the performance of official duties
				  by persons authorized by the Commission.
(b) Overnight mooring of boats is permitted
				  at designated mooring areas from April 1 to November 30. A boat utilizing
				  mooring areas shall be registered and display the official registration number
				  and current validation stickers described under Subpart C (relating to boating)
				  and Part III of the code (relating to boats and boating). The mooring is at the
				  sole risk of the owner.
(c) The
				  Commission may refuse to permit the mooring of a boat considered unseaworthy.
				  Boats may not be rented or offered for hire at Commission lakes except for
				  boats owned and moored by authorized concessionaires.
(d) Boats abandoned, sunken, obviously
				  unseaworthy or unidentifiable will be impounded. The district waterways
				  conservation officer will notify the owner, if known, of the impoundment and
				  require the removal of the vessel within 10 days. Impounded vessels will be
				  sold or destroyed if not claimed by the owner within 3 months.
(e) Boats may not remain at boarding piers on
				  Commission lakes or controlled property longer than the time necessary for
				  loading and unloading.
(f) A boat
				  using a Commission lake or access area must be registered and display the
				  official registration number and current validation stickers described under
				  Subpart C and Part III of the code.
(1) This
				  subsection does not apply to:
(i) Unpowered
				  boats that display an official and valid use permit issued by the Commission
				  under
				  53.27
				  (relating to use permits for unpowered boats) or that display an official and
				  valid watercraft launch or mooring permit issued by the Department of
				  Conservation and Natural Resources for use of launch or mooring facilities at
				  this Commonwealth's State parks and forests.
(ii) Noncommercial users of access areas on
				  the West Branch of the Delaware River and the portion of the Delaware River
				  upstream of the Interstate 84 Bridge.
(iii) Unpowered public service boats as
				  defined under section 5302(c)(2) of the code (relating to exemptions from
				  registration).
(iv) Unpowered boats
				  participating in events authorized under
				  109.6
				  (relating to special marine events).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.9 - Ice shanties

Current through Register Vol. 54, No. 28, July 13, 2024
Only ice fishing shanties or shelters of a type which can
					 be taken onto the ice and removed when fishing for a day is finished are
					 allowed. No shelters may remain unattended on the ice or stored on Commission
					 property.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.10 - Vehicles

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Registration required
. Vehicles properly registered in
				  conformity with 75 Pa.C.S. (relating to the Vehicle Code), except all terrain
				  vehicles (ATVs), are permitted on Commission-owned or -controlled property on
				  those areas that are open to vehicular traffic, such as roadways, driveways,
				  launch ramps and designated parking areas.
(b)
Prohibited vehicle
				  operations
. It is unlawful to operate a vehicle on Commission property
				  as follows:
(1) Off-road or on roads not open
				  to the public.
(2) In a manner not
				  in conformity with 75 Pa.C.S.
(3)
				  In a negligent or reckless manner.
(4) In a manner that obstructs or impedes
				  free public access to driveways, access roads and launching ramps.
(5) In a manner not in conformity with posted
				  traffic control signs or devices.
(6) On forest lands, grass areas, wetlands
				  and lands under cultivation.
(7) On
				  frozen lakes, ponds, rivers and streams.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.11 - Off-highway vehicles, snowmobiles and mobility devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as
				  provided in subsection (c), the use of off-road motorized vehicles is
				  prohibited on Commission-owned or -controlled property. As used in this
				  subsection, "off-road motorized vehicle" means a motorized vehicle specifically
				  designed for this use. The term includes trail bikes, Tote Gotes, all-terrain
				  vehicles, air cushioned vehicles, track vehicles and hydrofoils. The term does
				  not include a vehicle licensed or registered for on-road use, such as a 4 by 4
				  sport utility vehicle, and the like.
(b)
Snowmobiles.
It is
				  unlawful to operate a snowmobile on Commission-owned or -controlled property
				  except in areas designated for use by the Executive Director and so posted. The
				  Commission will maintain a list of areas when use is permitted. In those areas
				  where use of snowmobiles is permitted, the following conditions apply:
(1) Snowmobiles may be loaded or unloaded in
				  Commission parking areas unless otherwise posted.
(2) Snowmobiles may be operated in parking
				  areas only for the purpose of direct access and egress to other areas where
				  operation is permitted. Parking areas may not be used for general snowmobile
				  operation.
(3) The operation of
				  snowmobiles on Commission-owned and -controlled property is at the sole risk of
				  the operator. The Commission assumes no responsibility for the operations and
				  makes no representations as to the suitability of trails or areas for their
				  use.
(4) The operation of
				  snowmobiles on frozen lakes, ponds, rivers and streams is prohibited.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.12a - Access areas and marinas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General provisions.
(1) The
				  Commission will from time-to-time establish and modify the seasonal, daily and
				  other boat mooring fees and fees for overnight parking of boats applicable to
				  access areas and marinas under the ownership or control of the Commission. The
				  Commission will publish a notice containing the fees or the revision to the
				  fees as a notice in the
Pennsylvania Bulletin
.
(2) The Executive Director will establish the
				  terms and conditions for slip rentals, boat mooring and other agreements for
				  use of Commission access areas and marinas. The terms and conditions shall be
				  set forth in the slip rental, boat mooring or other use agreement or permit.
				  Violation of the terms and conditions of the agreement or permit is grounds for
				  termination or revocation of the slip rental, boat mooring or other use
				  agreement or permit.
(3) The
				  Executive Director will establish operational procedures and guidelines for use
				  of Commission access areas and marinas. The Executive Director will establish
				  opening and closing dates for the boating season and hours of operation of
				  access areas and marinas.
(4) The
				  Executive Director may impose additional restrictions on use of Commission
				  access areas and marinas. Additional restrictions imposed under this section
				  shall be effective when posted at the site. It is unlawful for a person to
				  violate restrictions imposed by the Executive Director, on behalf of the
				  Commission, under this section.
(5)
				  Boats have the right-of-way over fishing from boat launch areas or boat docks.
				  It is unlawful for persons fishing from a boat launch area or boat dock to
				  permit their fishing activity to interfere with boat traffic into and out of
				  the boat launch area or boat dock. It is unlawful to fish from a boat launch
				  area or boat dock when posted at the site.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.13 - Domestic water supply reservoirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as otherwise provided in this section, domestic water supply reservoirs
				  subject to an agreement between the owners thereof and the Commission are
				  subject to property regulations contained in this chapter, and other general
				  fishing and boating regulations contained in this part.
(b) When the agreement between the Commission
				  and the owners of a domestic water supply reservoir specifies additional,
				  alternative or different restrictions or conditions and the Executive Director,
				  on behalf of the Commission, approves the conditions or restrictions for
				  posting at the site and enforcement, the posted conditions or restrictions are
				  fully enforceable when posted at the site. It is unlawful to violate
				  conditions, restrictions or prohibitions posted by the Commission at the site
				  of a domestic water supply reservoir with which the Commission has an
				  agreement.
The provisions of this §
												53.13 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													741,
						928,
						2102 and
						5122.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.14 - Misuse of Commission-owned or -controlled property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful to construct, place or
				  maintain tangible property, including but not limited to docks, picnic tables
				  and recreational devices, on Commission-owned or -controlled property or waters
				  unless the person obtains a permit for use of Commission property from the
				  Executive Director or his designee.
(b) It is unlawful to encroach upon,
				  appropriate, post or otherwise use Commission-owned or -controlled property in
				  a manner incompatible with public use and access or in a manner that limits
				  public access to or use of, the property.
(c) Before prosecution for violation of this
				  section is initiated, the suspected violator will be given at least 10 days
				  written notice to remove from Commission property tangible property
				  constructed, placed or maintained in violation of subsection (a) or to cease
				  encroachment, appropriations, posting or other use in violation of subsection
				  (b). After notice has been provided, each day's continued violation of either
				  subsections (a) or (b) shall constitute a separate and distinct offense
				  punishable in accordance with law. The notice contemplated by this subsection
				  will be considered sufficient if it is sent by certified mail, return receipt
				  requested, to the suspected violator at his last known address; if it is served
				  in person on the person; or if it is posted on or affixed to the property where
				  the violation exists. The decision as to which manner of notice should be used
				  in a particular case will be made in the sole discretion of the Executive
				  Director or his designee.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.19 - Use of float tubes on Commission-controlled lakes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A float tube is a device constructed to
				  provide stable flotation and a level ride to a single angler in a manner that
				  minimizes the possibility of a capsize. The float tube shall consist of a
				  bladder system made of heavy gauge rubber or rub-ber impregnated support
				  fabric. The bladder shall be covered with a durable fabric shell which provides
				  a seat for the user and two legholes. A secondary bladder in the form of a
				  backrest or similar component shall be included with a float tube to provide
				  additional emergency flotation.
(b)
				  It is unlawful to use a float tube or similar device on Commission- owned or
				  -controlled lakes other than a float tube as defined in subsection
				  (a).
(c) It is unlawful to use a
				  float tube on Commission-owned or -controlled waters unless the user is
				  properly wearing a Coast Guard approved personal flotation device at all times
				  while using the float tube on the water.
(d) It is unlawful to propel float tubes on
				  Commission-owned or -controlled waters by motors or other mechanical propulsion
				  devices of any type or description.
(e) It is unlawful to use a float tube on
				  Commission-owned or -controlled waters except for the purpose of lawful public
				  fishing.
(f) Float tubes shall be
				  used under this section only on lakes or still waters.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.21 - Tagged-fish contests

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
A tagged-fish contest is 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.
(b)
Prohibited acts.
It is unlawful to conduct a tagged-fish
				  contest, as defined in subsection (a), on Commission property.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.24 - Tournament and fishing derby permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
The
				  following terms, when used in this section, have the following meanings, unless
				  the context clearly indicates otherwise:
Fishing tournament
-An organized
					 competitive fishing event, other than a fishing derby, where ten or more
					 individuals fish during a specified time period. An activity that involves one
					 or more of the following factors is considered a fishing tournament:
(i) The event is sponsored or promoted by an
				  individual or organization.
(ii)
				  The event involves the award of trophies, prizes or other recognition for
				  participation in the tournament.
(iii) The event is conducted during a
				  distinct time period (usually 72 hours or less) on a particular body of
				  water.
Fishing derby
-An organized event
					 involving 10 or more participants conducted for children under the age of 16,
					 senior citizens (as defined in section 2701 of the code (relating to
					 definitions)), anglers with disabilities, special populations or other group
					 when the principal purpose is education or enjoyment, rather than competition
					 among anglers.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.25 - Use or possession of beer or alcoholic beverages on Commission property

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for a person, less than 21 years of age, to
					 consume, possess or transport alcohol, liquor, beer, malt or brewed beverage on
					 Commission property.
The provisions of this §
												53.25 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													741.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.26 - Dogs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dogs are
				  permitted on Commission property if they are licensed and otherwise in
				  compliance with the other provisions of the Dog Law (3 P. S. §§
											459-101-459-1205).
(b) The maximum number of dogs that an owner
				  or handler is permitted to have on Commission property at one time is
				  two.
(c) The owner or handler shall
				  keep the dogs on a leash not exceeding 6 feet in length or on a multilength
				  mechanically retractable leash while on Commission property.
(d) The owner or handler shall keep the dogs
				  under supervision and control while on Commission property.
(e) The owner or handler shall immediately
				  scoop, contain and retain all droppings of the dog. The owner or handler may
				  not dispose of the dog droppings on Commission property.
(f) The owner or handler is responsible for
				  the conduct of the dog while on Commission property.
(g) Subsection (c) does not apply when an
				  owner or handler meets one of the following:
(1) Is training a dog for water retrieval
				  purposes and when the following apply:
(i) The
				  dog is actually performing customary water retrieval functions.
(ii) The dog remains within 10 feet of the
				  owner/handler while on land.
(iii)
				  The dog is under the immediate control of the owner/handler at all
				  times.
(iv) The dog does not
				  interfere with anglers or boaters engaged in fishing, boating or other lawful
				  activities.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.27 - Use permits for unpowered boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission and issuing agents designated by the Commission will issue use
				  permits for unpowered boats when their owners choose not to register them to
				  use Commission lakes and access areas.
(b) Use permits will be issued in the form of
				  decals, showing the expiration date. Decals shall be clearly displayed on both
				  sides of the hull amidships below the gunwale. For low-volume boats, such as
				  kayaks, decals shall be placed on both sides of the deck amidships.
(c) An applicant for a use permit shall
				  provide the following information:
(1) The
				  name, address and telephone number of the applicant.
(2) A description of the boat (make, model,
				  year).
(3) The Hull Identification
				  Number (HIN) of the boat (if readily available).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.1 - Policy for the conservation and management of fishery resources

Current through Register Vol. 54, No. 28, July 13, 2024
It will be the policy of the Commission to protect,
						conserve and enhance the quality and diversity of the fishery resource of this
						Commonwealth including reptiles and amphibians and to provide continued and
						varied angling opportunity through scientific inventory, classification and
						management of that resource. To achieve the objectives of this policy, the
						Commission will do all of the following:
(1) Establish and maintain a current data
					 base on the quality and quantity of the aquatic and fishery resources of this
					 Commonwealth for effective environmental protection and resource
					 conservation.
(2) Develop Statewide
					 management programs to assure consistent treatment of all resources within
					 given class. Similar waters will be managed to meet the same objectives under
					 the same philosophy on a Statewide basis.
(3) Manage self-sustaining fish populations
					 as a renewable natural resource to conserve that resource and the angling it
					 provides.
(4) Use hatchery fish to
					 provide recreation in those waters where fish populations are inadequate to
					 sustain the fishery at desired levels.
(5) Develop appropriate regulations and
					 operational strategies to replace policies that are not compatible with
					 management through resource classification.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.2 - Allocation and stocking of legal-size trout

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will allocate trout,
					 except fingerlings, to individual waters with the rate and frequency to be
					 determined by the assignment of each water to a resource category
(b) The Commission will assign water areas to
					 resource categories based on appropriately weighted biological and social
					 factors, including the status of wild trout populations, stream width or lake
					 area and recreational use potential as indicated by public access, parking
					 spaces, ownership, proximity to roads, proximity to urban areas and activities
					 of resource adoption organizations.
(c) The Division of Fisheries Management will
					 maintain a current list of resource categories, trout allocation processes and
					 trout allocations.
(d) This section
					 supersedes other Commission policies or operating procedures to the extent
					 inconsistent with this section.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.3 - Policy on water quality designation

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to advance and seek,
						when supported by the current data base, the highest Department of
						Environmental Protection water quality designation for waters of this
						Commonwealth in order to achieve the objectives of this chapter.
The provisions of this §
													57.3 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).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.4 - Wilderness trout streams

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to maintain the
						wilderness trout streams program where stream remoteness and populations of
						naturally reproducing trout combine to offer sport fishing opportunity for the
						recreation of anglers in a wilderness setting away from roads or vehicular
						access. It is the Commission's intent to advocate proper watershed management
						to maintain the wilderness setting and to advance and seek the highest water
						quality standards through the Department of Environmental Protection.
The provisions of this §
													57.4 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														322,
						  2102 and
						  2307.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.5 - Special regulations policy

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to utilize regulations
						differing from those in application on a Statewide basis when deemed necessary
						or desirable to protect, conserve or enhance the quality, quantity and
						diversity of this Commonwealth's fisheries, to maintain public access or to
						provide for the safety of the users of the resource. It is the intention of the
						Commission to use the minimum necessary regulation to maintain the philosophy
						of its conservation policy and to minimize variations in regulations on similar
						waters having like management objectives.
The provisions of this §
													57.5 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														322,
						  2102 and
						  2307.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.6 - Restocking after fish kills

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
					 the policy of the Commission to investigate fish kills, seek restitution for
					 damage from those responsible for causing or allowing fish kill and restore
					 through stocking, if necessary, or natural means, those recreational fisheries
					 affected by a significant kill.
(b)
					 If stocking is deemed necessary as determined by fisheries management
					 personnel, it will receive a higher priority than those stockings of a normal
					 maintenance or introductory effort and will occur when conditions are deemed
					 suitable for restocking. The species, size and numbers of fish to be stocked
					 will be determined by fisheries management and will be governed by hatchery
					 availability.
The provisions of this §
													57.6 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														322,
						  2102 and
						  2307.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.7 - Policy on acid precipitation

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to urge:
(1) The Congress and President to take prompt
					 and decisive action to reduce emissions of sulfur dioxide and nitrogen oxides
					 in the eastern half of the United States by the year 1993, as recommended by
					 the National Academy of Science.
(2) The Federal government to vigorously
					 enforce existing Clean Air Act limitations on emissions of sulfur and nitrogen
					 oxides until appropriate new legislation is enacted.
(3) The Commonwealth, as the keystone State
					 in this national issue, to take a leading role by enacting a unilateral 50%
					 reduction in sulfur dioxide and nitrogen oxides emissions from Commonwealth
					 sources.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.8a - Class A wild trout streams

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to manage
						self-sustaining Class A wild trout populations as a renewable natural resource
						to conserve that resource and the angling it provides. Class A wild trout
						populations represent the best of this Commonwealth's naturally reproducing
						trout fisheries. With rare exceptions, these stream sections are managed solely
						for the perpetuation of the wild trout fishery with no stocking. However, there
						may be circumstances that justify stocking a Class A wild trout stream. Prior
						to granting permission to stock a Class A wild trout stream under §
											71a.8 (relating to stocking of
						designated waters), the Executive Director will consult internal
						decision-making criteria set forth in the
Operational Guidelines for
						the Management of Trout Fisheries in Pennsylvania Waters
to consider
						the need for continued stocking at newly designated Class A wild trout streams
						and obtain the approval of the Commission. Consideration will only be given to
						requests for continued stocking in stream sections within 1 year of the section
						being designated as Class A and posted in the
Pennsylvania
						Bulletin
; however, entities that previously received an exemption or a
						Special Activities Permit for continued stocking from the Commission between
						2010 and the effective date of this amendment will be eligible for
						consideration.
(1) Criteria developed
					 for Class A Wild Trout fisheries are species specific.
(2) Wild Trout Biomass Class Criteria include
					 provisions for:
(i)
Wild brook trout
					 fisheries.
(A) Total brook trout
					 biomass of at least 30 kg/ha (26.7 lbs/acre).
(B) Total biomass of brook trout less than 15
					 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089
					 lbs/acre).
(C) Brook trout biomass
					 must comprise at least 75% of the total trout biomass.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.9a - Publicizing stocking of fish

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
					 stockings will be publicly announced.
(b) The Executive Director, in his
					 discretion, may announce the date, time, location, number or weight of all
					 stockings and may withhold announcements based on certain factors, including
					 but not limited to, safety.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.10 - Riparian buffer policy

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to pursue
						establishment and preservation of a stable, vegetated riparian buffer zone
						between waters of this Commonwealth and other land uses on Commonwealth
						property under the management and control of the Commission. It is the
						Commission's intent to improve streambank and shoreline stabilization and water
						quality and to enhance fish and wildlife habitats in these areas, consistent
						with available fiscal and personnel resources. It is the policy of the
						Commission to encourage partnerships with other agencies, conservation
						organizations, and the private sector to providing funding and volunteer
						assistance to establish and preserve riparian buffer zones under this policy.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.11 - Listing of wild trout streams

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Maintenance of list
. It is the policy of the Commission to
					 accurately identify and classify streams supporting naturally reproducing
					 populations of trout as wild trout streams. The Fisheries Management Division
					 will maintain the list of wild trout streams. The Executive Director, with the
					 approval of the Commission, will from time-to-time publish the list of wild
					 trout streams in the
Pennsylvania Bulletin
and on the World
					 Wide Web. Persons with comments, objections or suggestions about the
					 classification of streams listed may submit them to the Commission for
					 review.
(b)
Criteria for
					 classifying wild trout streams
. The classification of a stream as a
					 wild trout stream means that the trout found there have resulted from natural
					 reproduction and that the habitat supports wild trout. Identification of
					 streams for the presence of wild trout typically involves:
(1)
Location and habitat
.
					 Classifications of wild trout streams will involve examination of one or more
					 sites, which may vary in size, within the stream. The exercise of judgment by
					 the investigator is essential in describing the extent of the stream continuum
					 to which the examination applies. The investigator should find that the habitat
					 is such as would support natural reproduction of trout.
(2)
Exclusion of stocked
					 trout
. In classifying a wild trout stream, the investigator should
					 find trout resulting from natural reproduction in the stream section or
					 upstream and downstream areas and their tributaries. In making this finding,
					 the investigator will specifically exclude trout stocked as fingerlings or
					 adults and trout that escape from a hatchery. The exercise of judgment is
					 required in examining the trout for physical appearance such as coloration, fin
					 condition and body configuration as indicators of the source of the trout.
					 Direct evidence of natural reproduction of trout is a factor in making this
					 classification, but it is not required if the other elements are
					 present.
(3)
Biological
					 criteria
. In identifying a wild trout stream, the investigator should
					 find one or more of the following:
(i) Young
					 of the year trout less than 150 mm occur at some time in the stream
					 section.
(ii) Two or more ages of
					 wild trout occur at some time within the stream section.
(4)
Tributary linkages
.
					 Tributaries to wild trout streams are classified as wild trout streams for
					 their function as habitat for segments of wild trout populations, including
					 nurseries and refuges, and in sustaining water quality necessary for wild
					 trout.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter A - FISHERIES POLICIES › Section 57.12 - Policy on wind power projects

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to have its staff
						fully coordinate agency concerns in the review of wind power development
						projects with all involved local, State and Federal regulatory agencies to
						avoid, minimize and mitigate harmful impacts to fish, other aquatic life,
						reptiles, amphibians and their habitats. Commission staff will seek the
						collection of adequate data for risk analysis when necessary in the
						environmental review process, the avoidance of threatened and endangered
						species and their habitats, the avoidance of ecologically sensitive areas when
						siting projects, the reduction of habitat fragmentation, and the development of
						mitigation strategies for unavoidable impacts.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter B - POLICY ON DEVELOPMENT OF HYDROPOWER AT EXISTING OR PROPOSED DAMS IN THE COMMONWEALTH › Section 57.21 - General

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission that hydroelectric
						development on existing or planned dams on Commonwealth waters must not
						adversely affect the existing or potential fisheries at the location of the
						dam.