reglab/statecodes huggingface dataset:
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 57.22 - Fish passages facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Persons, corporations or other legal entities who
					 erect or maintain dams on the waters of this Commonwealth are required, upon
					 order of the Commission, to provide the fish passage facilities as the
					 Commission may deem necessary to enable fish to ascend and descend the waters
					 at all seasons of the year.
(b)
Migratory waters
. The Commission finds that it is in the
					 public interest for fish passage facilities to be included in all dams on
					 waters that historically provided habitat for migratory fish, and it is the
					 policy of the Commission to promote early installation of fish passage
					 facilities at the dams.
(1) The Commission
					 will endeavor to identify existing dams where upstream and downstream fish
					 passage facilities for migrating fish are required and will provide appropriate
					 notice to the owners. The Commission may defer the requirement for actual
					 construction until developments downstream from the dam site indicate
					 construction of fish passage facilities for migratory fish is
					 advisable.
(2) The Commission will
					 additionally review existing and proposed dams as candidates for installation
					 of fish passage facilities when hydroelectric facilities are proposed. If the
					 Commission agrees to defer immediate construction of fish passage facilities
					 pending the implementation of a plan for availability of fish passage
					 facilities at downstream obstructions to fish migration, the developer shall
					 insure that hydropower development at the site will not impede the installation
					 of fish passage facilities when required. Hydropower development at dams in
					 this Commonwealth shall be compatible with ultimate installation and operation
					 of fish passage facilities.
(3)
					 When the Commission determines that installation of fish passage facilities at
					 a dam site is required to promote restoration of migratory fish to their
					 historic range but further determines that immediate installation is not
					 practicable or desirable, the Commission may seek to enter into an agreement
					 with the owner, lessee or operator of the dam or associated hydroelectric
					 development for the payment of so-called "in lieu of payments" under
					 30 Pa.C.S. §
													3501(b) (relating to devices
					 in dams to permit fish migration).
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 57.23 - Adequate stream flows

Current through Register Vol. 54, No. 28, July 13, 2024
Operators of dams and hydropower installations shall
						maintain adequate continuous stream flows over the dam to protect fisheries
						resources and habitat located between the toe of the dam and the tailrace of
						the hydrounits. The habitat which is necessary for any portion of the life
						cycle of existing or potential fisheries must receive adequate flow to maintain
						habitat in a usable condition. The Commission will determine the minimum flow
						requirements and provide them to the developer early in the consultation
						process.
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 57.24 - Water quality protection

Current through Register Vol. 54, No. 28, July 13, 2024
Water quality must not be adversely affected by the
						hydrodevelopment. Water leaving the hydrodevelopment tailrace must have oxygen
						levels comparable to the oxygen levels in the free flowing streams just above
						the tailrace. This may require the developer to monitor the stream oxygen
						levels and provide aeration equipment to increase the tailrace oxygen level to
						approximate that found in the upstream waters. Other water quality parameters
						shall also be protected.
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 57.25 - Turbine operation practices

Current through Register Vol. 54, No. 28, July 13, 2024
Hydroelectric units must operate strictly as
						run-of-the-river operations without peaking or pulsing modes of operation.
						Run-of-the-river operation prevents undesirable lake level fluctuations and
						rapid changes in stream flows below the facility and protects boating and
						fishing recreational interests. Flashboards not exceeding 6 inches in height
						will not be considered a peaking or pulsing mode of operation; but, when
						flashboards are placed in use, specified minimum flows must be continuously
						maintained. Debris removal plans shall be implemented when flashboard
						installations are breached by high waters, ice or any other
						influence.
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 57.26 - Public recreational access

Current through Register Vol. 54, No. 28, July 13, 2024
The developer should plan to provide safe access for
						recreational purposes adjacent to the completed installations. Streams and
						tailraces below the dams are heavily utilized for fishing purposes, and the
						fisherman's ability to utilize these areas shall not be decreased by the hydro
						development.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter C - LAW ENFORCEMENT POLICIES › Section 57.41 - Deputy waterways conservation officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission's Bureau of Law
					 Enforcement will establish and implement policies as necessary to administer a
					 volunteer deputy waterways conservation officer program. The policies, at a
					 minimum, shall address the following:
(1)
					 Eligibility and procedure for appointment.
(2) Training, law enforcement procedures and
					 firearms and other qualifications.
(3) Wearing of uniforms.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter C - LAW ENFORCEMENT POLICIES › Section 57.44 - Honorary deputy waterways conservation officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Former members of the
					 Commission.
Former members of the Commission are designated special
					 honorary deputy waterways conservation officers unless they apply for and are
					 appointed as active deputies.
(b)
Others.
Other responsible individuals recommended by the
					 members of the Commission or the Executive Director may be designated as
					 honorary deputy waterways conservation officers.
(c)
Status.
Honorary deputy
					 waterways conservation officers shall receive no badge or commission and are
					 not authorized to perform law enforcement duties. They will receive a suitable
					 certificate attesting to their status and recognizing their contributions to
					 the Commonwealth and the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter C - LAW ENFORCEMENT POLICIES › Section 57.45 - Suspensions of licenses and privileges under the Accelerated Rehabilitative Disposition Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 receipt of an order of court directing the suspension or revocation of fishing
					 or boating privileges of a person placed in the Accelerated Rehabilitative
					 Disposition (ARD) program, the Executive Director or a designee will issue a
					 written notice of suspension or revocation as provided in the order.
(b) If the period of suspension or revocation
					 provided in the ARD order is less than 1 year, the notice of suspension or
					 revocation issued under subsection (a) shall provide that the supension or
					 revocation shall be effective during the period from April 15 until September
					 15, if the order provides for suspension or revocation for 120 days or more, or
					 during part of the period from April 15 until September 15 that the Executive
					 Director deems appropriate if the order provides for a suspension or revocation
					 for less than 120 days.
(c) It is
					 the policy of the Commission that when a suspension or revocation of a license
					 or privilege is ordered under the ARD program for an offense that carries a
					 mandatory period of suspension or revocation under the Code, the ARD-ordered
					 period of suspension or revocation may be no less than the mandatory minimum
					 period for suspensions/revocations upon conviction of the charged
					 offense.
The provisions of this §
													57.45 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														741,
						  928 and
						  2102.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter D - ADMINISTRATIVE POLICIES › Section 57.61 - Designation of areas for the exclusive use of children and special populations

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to ordinarily limit
						designation of waters for the exclusive use of children and special populations
						as defined in §
											65.21 (relating to waters limited
						to specific purposes-exclusive use areas) to specific events for limited
						periods of time. Sponsors who apply for new designations of exclusive use areas
						on a full-time or year-round basis should be advised that they bear the burden
						of showing why the designation is in the best interests of the fishery and the
						angling public.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter D - ADMINISTRATIVE POLICIES › Section 57.62 - Access for special populations

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to identify areas with
						access for special populations-as defined in §
											65.21 (relating to waters limited
						to specific purposes-exclusive use areas)-and to encourage use of waters by
						special populations on a nonexclusive basis.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 57 - STATEMENTS OF POLICY › Subchapter E - BOATING POLICIES › Section 57.81 - Policy on special boating regulations on waters with no public access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this
					 subchapter, the phrase "waters with no public access" means lakes, ponds,
					 impoundments or other waters on which there is located no public access area,
					 launch ramp or other launch facility owned, controlled or operated by Federal,
					 State or local government agencies.
(b) The Commission has statutory authority to
					 make and enforce special boating regulations for particular areas of water
					 "limiting, restricting or prohibiting the operation or navigation of boats
					 thereon to promote the interests of the public or to preserve aquatic life."
					 See section 5124 of the code (relating to particular areas of water). The
					 Commission's statutory authority to make general and special boating
					 regulations preempts local regulation of boating-based on exercise of police
					 powers-on the waters of this Commonwealth.
(c) It is the policy of the Commission to
					 encourage local interests-residents, property owners and other users-to resolve
					 issues relating to special boating restrictions on waters with no public access
					 by means of agreement, deed, deed restriction or contract without resort to
					 special boating regulations.
(d) It
					 is the policy of the Commission to exercise its discretion to promulgate
					 special boating regulations on waters of this Commonwealth with no public
					 access only in circumstances when:
(1) The
					 public interest and the interests of the boating public clearly show the need
					 for the special regulations as evidenced by a formal resolution requesting the
					 regulations approved by the governing body (for example, township supervisors,
					 borough council, county commissioners) of the political subdivision in which
					 the waters are located. The resolution also should include evidence of the
					 political subdivision's willingness to enforce the additional restrictions
					 under to the reciprocal enforcement provisions of section 903 of the code
					 (relating to delegation of enforcement powers).
(2) The Bureau of Law Enforcement determines
					 that the proposed special boating regulations are readily enforceable without
					 unduly diverting officers from enforcement activities on waters with public
					 access.
(3) The proponent of the
					 special regulations makes a clear and convincing showing that the proposed
					 regulations are necessary in the particular circumstances to provide for the
					 health and safety of persons on, in and along the waters in question, including
					 persons who boat on those waters, or to protect aquatic life in those waters or
					 both.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.1 - Commonwealth inland 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 of
				  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) Any fish caught that is
				  not to be counted in the creel limit shall be immediately released unharmed
				  into the water from which taken. Except as otherwise provided in §
											53.24 or §
											63.40 (relating to tournament and
				  fishing derby permits; and fishing tournaments 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 shall be counted in the donor's creel limit and
				  neither 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 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.2 - Delaware River, West Branch Delaware River and River Estuary

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 or greater than the maximum size
				  specified in this section. It is not a violation of this section if an
				  undersized or oversized 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 of 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 it was taken. Except as otherwise provided in
				  53.24
				  or
				  63.40
				  (relating to tournament and fishing derby permits; and fishing tournaments 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 shall 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 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.3 - Pymatuning Reservoir

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  unlawful to take, catch, kill or possess a fish of less than the minimum size
				  specified in this section. However, it may not be 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.
(b) 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 vio-lation of this section, it shall be a rebuttable
				  presumption that a person transporting fish from a fishing site caught all of
				  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. Except as otherwise provided in §
											53.24 or §
											63.40 (relating to tournament and
				  fishing derby permits; and fishing tournaments 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 shall be counted in the donor's creel limit and
				  neither donor nor 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 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.4 - Conowingo Reservoir

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. However, 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. However, 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 of
				  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. 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 shall be counted in the donor's creel limit and
				  neither donor nor 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 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.7 - Susquehanna River and tributaries

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. However, 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 a fish of less than the minimum size specified in this
				  section. However, 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 of
				  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. Except as otherwise provided in §
											53.24 or §
											63.40 (relating to tournament and
				  fishing derby permits; and fishing tournaments 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 shall 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 61 - SEASONS, SIZES AND CREEL LIMITS › Section 61.8 - Lehigh River, Schuylkill River and tributaries

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 a 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 a species of fish as specified in the chart in
				  subsection (d) during 1 calendar day. It is unlawful to possess more than 1
				  day's limit of a species of fish as specified in the chart in subsection (d)
				  except under the following circumstances:
(1)
				  A person may possess any number of lawfully caught fish at his
				  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 the fish during 1 calendar day. A fish is not considered to
				  be caught in violation of this section if it is immediately returned unharmed
				  to the waters from which it was taken.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.3 - Fishing in stocked trout waters

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to fish in stocked trout waters regulated
					 under §
										61.1 (relating to Commonwealth
					 inland waters) from 12:01 a.m. on the third Monday in February to 8 a.m. on the
					 opening day of the regular season for trout. As used in this subpart, the term
					 "stocked trout waters" means waters that are stocked with adult trout by the
					 Commission. A listing of stocked trout waters is published in the Commission's
					 "Summary of Fishing Regulations and Laws," which is available from the
					 Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The
					 Executive Director or a designee may, from time to time, supplement or modify
					 the list of stocked trout waters, and additions or deletions will be published
					 in the
Pennsylvania Bulletin
.
The provisions of this §
												63.3 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.
This section cited in 58 Pa. Code §
												63.20 (relating to permits for the
						protection and management of trout and
						salmon).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.4 - Fishing in areas or waters where fishing is prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be a rebuttable presumption that a person is
					 fishing in violation of this subpart if the person has in his possession a
					 fishing line, rod or other device that may be used for fishing while on or in
					 water where fishing is prohibited or on the banks within 25 feet of the waters.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.5 - Methods of fishing

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to use a method for taking fish or
					 attempting to take fish from the waters of this Commonwealth, including
					 boundary lakes and rivers, unless the use of the method is specifically
					 authorized by law or this part.
The provisions of this § 63.5 amended under
						30 Pa.C.S. §
													2102(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 63 - GENERAL FISHING REGULATIONS › Section 63.6 - Authorized devices for game fish, baitfish and fishbait

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful to fish for game fish with
				  more than three lines of any description, whether fished by rod or by hand, at
				  one time except while ice fishing in accordance with §
										63.10 (relating to ice fishing).
				  There is not a restriction on the number of hooks used for fishing for game
				  fish, except when fishing in the Pymatuning Reservoir where no more than three
				  hooks shall be attached to each line used in fishing. Rods, lines and hooks
				  shall be under the immediate control of the person using them. For purposes of
				  this chapter, an authorized device shall be deemed under the immediate control
				  of a person if it is within reasonable reach and can be adjusted, manipulated
				  or brought to hand quickly and the person is nearby. Downriggers, planer
				  boards, depth control devices, pre-loaded rod holders, rod holders that provide
				  for a loaded rod or a triggering device, or both, (with or without mechanically
				  induced jigging motion), or hook setting devices are authorized devices. Drones
				  and other remote controlled devices are not authorized devices.
(b) It is unlawful to fish for baitfish with
				  more than three lines of any description, whether fished by rod or by hand, at
				  one time; a dip-net or minnow seine not over 4 feet square or 4 feet in
				  diameter, and a minnow trap, with not more than two openings, which may not
				  exceed 1 inch in diameter. There is not a restriction on the number of hooks
				  used for fishing for baitfish, except when fishing in the Pymatuning Reservoir
				  where no more than three hooks shall be attached to each line used in fishing.
				  Rods, lines, hooks, nets and seines used in fishing for fishbait and baitfish
				  shall be under the immediate control of the person using the same. For the
				  purposes of this subpart, gizzard shad (
Dorosoma cepedianum
) 8
				  inches or less in length are considered baitfish.
(c) For purposes of this section, a hook is
				  considered a fishing device with no more than three points or barbs.
(d) It is unlawful to use more than three
				  lines at any time, except while ice fishing in accordance with § 63.10,
				  when fishing for game fish, baitfish or both.
(e) It is unlawful to use any type of net or
				  seine to catch or take game fish. A landing net may be used to land game fish
				  legally caught by hook and line.
The provisions of this §
												63.6 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 63 - GENERAL FISHING REGULATIONS › Section 63.7 - Exceptions to limitations on devices

Current through Register Vol. 54, No. 28, July 13, 2024
The limitations on fishing devices contained in this
					 chapter do not:
(1) Prohibit the use
				  of a gaff or landing net to assist in landing fish caught by a lawful
				  device.
(2) Limit devices by which
				  holders of artificial propagation licenses may remove artificially propagated
				  fish at the licensed premises.
(3)
				  Limit the means or devices by which fish may be taken under special permits
				  issued under Chapter 29 of the code (relating to special licenses and permits),
				  except trout/salmon permits.
(4)
				  Apply to the taking, catching or killing of amphibians and reptiles-See Chapter
				  79 (relating to reptiles and amphibians).
(5) Apply to taking, catching or killing of
				  blue crabs-See §
										63.18 (relating to blue
				  crabs-prohibited acts).
The provisions of this §
												63.7 amended under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													101-7314.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.8 - Long bows, crossbows, spears and gigs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Except as otherwise provided in this part, snakehead,
				  carp, suckers and catfish may be taken with long bows and arrow, including
				  compound bows, crossbows, spears or gigs any hour of the day or night aided by
				  a light at night if so desired, in Commonwealth waters and waters bounding and
				  adjacent thereto.
(b)
Lake
				  Erie.
Scuba divers, who possess a valid fishing license and Lake Erie
				  stamp, shall be permitted to take burbot at a depth of at least 60
				  feet.
(c)
Restrictions
. Spears or gigs may not be mechanically
				  propelled, may not have more than five barbed points, and may not be used in
				  stocked trout waters.
(d)
Exceptions
:
(1) It is
				  unlawful to use bow and arrow (including compound bows and crossbows), spears
				  and gigs in any special regulation trout waters.
(2) It is unlawful to cast direct rays of a
				  spotlight, mounted headlight or any other artificial light of any kind from any
				  watercraft upon any occupied building or another watercraft.
(3) It is unlawful to use generators on board
				  a watercraft engaged in bowfishing with a noise level that exceeds 90 dB(a).
				  The noise emission test measurement will be made with the sound level meter at
				  a distance of at least 4 feet above the water at a point where the transom
				  gunwale and the port or starboard gunwale
				  intersects.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.9 - Snatch fishing, foul hooking and snag fishing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful to take or attempt to take
				  fish by the methods known as snatch fishing, foul hooking or snag fishing or to
				  take or attempt to take fish with a snagging hook or device which may be used
				  to capture the fish by engaging the device in, to, with, or around any part of
				  the body of the fish. In addition, it is unlawful to possess a snagging hook
				  while in the act of fishing. A snagging hook is a fishing device that is
				  designed or modified to facilitate the snagging of fish. It is either of the
				  following:
(1) A hook with other than a
				  single barb which is weighted on the shank at any point below the eye of the
				  hook and above the barbs thereof.
(2) A hook that is otherwise designed or
				  modified so as to make the snagging of fish more likely when it is used than if
				  a normal hook or fishing device were used.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.10 - Ice fishing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Ice fishing
				  is fishing through holes in the ice.
(b) It is unlawful while ice fishing to use
				  more than five fishing devices as authorized in §
										63.6 (relating to authorized
				  devices for game fish, baitfish and fishbait). Each device shall contain a
				  single fishing line. There is not a restriction on the number of hooks that may
				  be used for ice fishing, except when fishing in the Pymatuning Reservoir where
				  no more than three hooks shall be attached to each line used in
				  fishing.
(c) Reserved.
(d) It is unlawful to fish through holes in
				  the ice that measure more than 10 inches between the farthest points as
				  measured in any direction.
The provisions of this §
												63.10 amended under section 10 of
						the Sunshine Act (65 P. S. §
													280); section
						506 of The Administrative Code of 1929 (71 P. S. §
													186); and under the Fish and Boat Code,
						30 Pa.C.S. §
													2102.
This section cited in 58 Pa. Code §
												63.6 (relating to authorized
						devices for game fish, baitfish and
						fishbait).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.13 - Nets unlawful without permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It
				  is unlawful for a person to make, sell or have in his possession while on, in
				  or about Commonwealth waters, including while within 25 feet of the waters, a
				  net larger than 4 feet square or 4 feet in diameter unless the person has in
				  possession a permit issued under section 2902 of the code (relating to net
				  permits).
(b) It is unlawful for a
				  person to violate the terms and conditions set forth on a permit issued under
				  section 2902 of the code, including, but not limited to, when and where the
				  nets shall be used.
(c) The
				  Commission may waive the issuance of a net permit to cooperative nurseries,
				  persons who possess an artificial propagation license or permit for special
				  fish collecting activities, and other persons as the Commission will
				  designate.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.14 - Identification of fishbait and baitfish containers

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for a person to leave unattended a container
					 for fishbait or baitfish in waters of this Commonwealth unless the container
					 has attached a tag or other means of identification setting forth the name,
					 address and telephone number of the owner or user of the container.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.15 - Field dressing and disposal of fish

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as otherwise provided in this section, it is unlawful to possess a fish
				  in any form or condition other than in the whole or having the entrails removed
				  while on shore, along the waters of this Commonwealth, onboard a boat or on a
				  dock, pier, launch area or a parking lot adjacent thereto.
(b) Fish may be processed fully if they are
				  being prepared for immediate consumption.
(c) This section does not apply to fish
				  processed at a fish cleaning station officially recognized under §
										63.15a (relating to
				  officially-recognized fish cleaning stations).
(d) Provided that the requirements of this
				  subsection are met, this section does not apply to fish processed by a
				  permitted charter boat/fishing guide operation. The charter boat operator or
				  fishing guide may fully process the fish at any time provided the charter boat
				  operator or fishing guide retains the carcass until possession of the fish is
				  transferred to the customer on shore. The charter boat operator or fishing
				  guide shall give the customer who receives the processed fish a signed, dated
				  receipt on the form prescribed by the Commission.
(e) This section does not apply to fish
				  caught or sold in compliance with Chapter 31 of the code (relating to regulated
				  fishing lakes).
(f) This section
				  does not apply to fish caught under a Lake Erie commercial license issued
				  consistent with Chapter 29 of the code (relating to special licenses and
				  permits) after the fish reach established retail or wholesale
				  markets.
(g) It is unlawful to
				  discard any fish carcass or parts thereof into the waters of this Commonwealth
				  or upon any public or private lands contiguous to the waters unless one of the
				  following conditions apply:
(1) On lands with
				  the permission of the landowner.
(2) Where fish are properly disposed into
				  suitable garbage or refuse collection systems or at officially recognized fish
				  cleaning stations.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.15a - Officially-recognized fish cleaning stations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Types.
(1)
Commercial
. An operator
				  of a fish cleaning station that provides services to the public for a fee may
				  apply for recognition as an official commercial fish cleaning
				  station.
(2)
Noncommercial
. An operator of a fishing cleaning station that
				  provides services at no cost may apply for recognition as an official
				  noncommercial fish cleaning station.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart B - FISHING › Chapter 63 - GENERAL FISHING REGULATIONS › Section 63.16 - Fishing in the vicinity of fishways

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  It is unlawful to fish within a fishway, chute, slope, fish ladder, fish lift
				  or other fish passage facility located on or in connection with a dam on the
				  waters of this Commonwealth.
(b) It
				  is unlawful to fish in an area within a radius of 100 feet of the entrance or
				  exit points from a fishway, chute, slope, fish ladder, fish lift or other fish
				  passage facility located on or in connection with a dam on the waters of this
				  Commonwealth.
The provisions of this §
												63.16 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §§
													305,
						322,
						741,
						928,
						2102,
						2307,
						2711 and
						5122-5124.
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 63 - GENERAL FISHING REGULATIONS › Section 63.17 - Importation and sale of hard clams

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as otherwise provided in subsection (b), it is unlawful for a person to
				  possess, import into this Commonwealth, sell, offer for sale or purchase a hard
				  clam (
mercenaria
species) measuring less than 1 inch in
				  thickness.
(b) The size (thickness)
				  limit in subsection (a) does not apply to hard clams cultured by a clam
				  hatchery or clam aquaculture operation, if the origin of the cultured clams is
				  documented that permits immediate determination of the point of origin and the
				  ultimate destination. The documentation will include, at a minimum, a bill of
				  lading or bill of sale stating the origin of the clams and a signed
				  certification from the clam hatchery or clam aquaculture operation identifying
				  the volume or number of the clams in the shipment. The documentation required
				  by this subsection shall be displayed upon request to officers authorized to
				  enforce the code and this part.
The provisions of this §
												63.17 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													2102.