PRINTER'S NO. 1626
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1168
Session of
2015
INTRODUCED BY EICHELBERGER, WOZNIAK, ALLOWAY, WAGNER, TEPLITZ,
BLAKE, BARTOLOTTA, VULAKOVICH, WILEY, BROWNE, WARD, BREWSTER,
FOLMER, VOGEL, McGARRIGLE, TARTAGLIONE, SABATINA, STEFANO,
LEACH, DINNIMAN AND SCHWANK, MARCH 21, 2016
REFERRED TO GAME AND FISHERIES, MARCH 21, 2016
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Fish and Boat Commission, providing
for power to set fees by regulation; in fiscal affairs,
further providing for collection fee for uncollectible
checks; in fishing licenses, further providing for
nonresident and tourist licenses, for one-day resident
fishing license, for license, permit and issuing agent fees
and for license and permit packaging options; in special
licenses and permits, further providing for net permits, for
boat and net licenses for boundary lakes, for permits for
protection and management of particular fish, for permits for
the use of explosives, for Lake Erie fishing permits and for
fishing guide and charter boat permits; in regulated fishing
lakes, further providing for licenses and for fees; in dams,
bar racks and migration devices, further providing for
obstructing migration of fish; in preliminary provisions,
further providing for fees; and, in registration and titling
of boats, further providing for issuing agents, for fees and
for notice for boats and related equipment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 30 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 322.1 Power to set fees by regulation.
(a) Authority.--
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(1) Beginning July 1, 2016, the commission, by
regulation, may change or set the fees provided under any of
the following:
(i) Section 2715(a)(1), (2), (3), (4), (5), (6),
(6.1), (6.2) and (7), (a.1)(1), (4) and (5) and (b)
(relating license, permit and issuing agent fees).
(ii) Section 2902 (relating to net permits).
(iii) Section 2903 (relating to boat and net
licenses for boundary lakes).
(iv) Section 2906 (relating to permits for use of
explosives).
(v) Section 3102 (relating to fees).
(vi) Section 3509 (relating to obstructing migration
of fish).
(vii) Section 5104 (relating to fees).
(viii) Section 5304 (relating to issuing agents).
(ix) Section 5327 (relating to fees).
(x) Section 5334 (relating to notice for boats and
related equipment).
(2) Any change of a fee under this subsection shall be
done in accordance with the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law.
(b) Notice.--The commission shall provide notice of any
change of a fee and shall publish the change of the fee in the
Pennsylvania Bulletin and post it on the commission's publicly
accessible Internet website.
(c) Expiration.--This section shall expire June 30, 2019.
Any fees changed or set by the commission before the expiration
of this section shall remain in effect after the expiration of
this section.
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(d) List of fees.--In the event this section is not
reenacted or otherwise extended by the General Assembly, before
June 30, 2019, the commission shall provide to the Legislative
Reference Bureau a list containing the most recent amount of
each fee which has been changed or set as authorized under
subsection (a). The Legislative Reference Bureau shall provide
an annotated reference to the Pennsylvania Code citation
containing the fee amounts.
Section 2. Sections 502, 2702(d) and 2702.1(c) of Title 30
are amended to read:
§ 502. [Collection fee] Service charge for uncollectible
checks.
Whenever any check or similar instrument issued in payment of
any 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 a fee of $15, [to] or a service charge as otherwise
established by the commission by regulation in accordance with
section 322.1 (relating to power to set fees by regulation). The
service charge shall be credited to the Fish Fund or the Boat
Fund, as appropriate, to cover the cost of collection.
§ 2702. Nonresident and tourist licenses.
* * *
(d) One-day tourist licenses.--Any person required to have a
fishing license under this chapter may fish in any of the waters
of this Commonwealth or in any boundary waters for a period not
to exceed 24 hours, specified by the person at time of purchase,
with a "One-Day Tourist Fishing License" upon payment of license
fee and issuing agent fee as set forth in section 2715. One-Day
Tourist Fishing Licenses shall not be issued for fishing during
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the period from March 15 to April 30 of any year. Holders of
One-Day Tourist Fishing Licenses shall not be required to obtain
special permits, including [trout/salmon permits to fish for
trout or salmon or] trout permits, special permits to fish in
Lake Erie and tributaries or combination trout permits and Lake
Erie permits.
§ 2702.1. One-day resident fishing license.
* * *
(c) Additional stamps and permits required.--Holders of One-
Day Resident Fishing Licenses shall obtain all required special
permits, including [trout/salmon permits to fish for trout or
salmon and] trout permits, special permits to fish in Lake Erie
and tributaries and combination trout permits and Lake Erie
permits.
Section 3. Section 2715(a) and (b) of Title 30 are amended
and the section is amended by adding a subsection to read:
§ 2715. License, permit and issuing agent fees.
(a) License fees.--[The] Except as provided under subsection
(c), the following fees apply to fishing licenses issued under
this chapter and shall be paid into the Fish Fund:
(1) Resident Annual Fishing License, $21.
(2) Senior Resident Annual Fishing License, $10.
(3) Senior Resident Lifetime Fishing License, $50.
(4) Nonresident Annual Fishing License, $51.
(5) Seven-Day Tourist Fishing License, $33.
(6) Three-Day Tourist Fishing License, $25.
(6.1) One-Day Resident Fishing License, $10.
(6.2) One-Day Tourist Fishing License, $25.
(7) Replacement Fishing License, including related
permits and privileges, $5.
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(8) Transaction costs associated with the Pennsylvania
Automated Licensing Service (PALS), actual costs not to
exceed $1.
* * *
(b) Issuing agent fees.--[The] Except as provided under
subsection (c), the issuing agent fee to be retained by the
issuing agent as provided in section 2711 (relating to issuing
agents) for fishing licenses and permits shall be $1.
(c) Changes to fees.--The fees listed under subsections
(a)(1), (2), (3), (4), (5), (6), (6.1), (6.2) and (7), (a.1)(1),
(4) and (5) and (b) may be changed by the commission in
accordance with section 322.1 (relating to power to set fees by
regulation).
Section 4. Sections 2717(a) and (b) and 2902 of Title 30 are
amended to read:
§ 2717. License and permit packaging options.
(a) Multi-year licenses and permits.--The commission may
issue a license or permit that covers multiple years[, provided
that the fee for the multi-year license or permit shall not
exceed the total fees for the applicable individual license or
permit years set forth in section 2715 (relating to license,
permit and issuing agent fees)]. A multi-year license or permit
shall expire on December 31 of the last year for which it was
issued.
(b) Group licenses and permits.--The commission may issue a
license or permit that covers a group of individuals who meet
the criteria established by the commission[, provided that the
fee for the group license or permit shall not exceed the total
fees for the applicable individual licenses or permits set forth
in section 2715].
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* * *
§ 2902. Net permits.
The commission may issue permits to use or possess nets
larger than four feet square or four feet in diameter, or any
other seine, trawl or gill net in or along waters of this
Commonwealth. The permits when issued shall specify when and
where the nets shall be used and for what purposes by the owner
or the persons in possession thereof at a fee of $10[.] or as
otherwise established by the commission by regulation in
accordance with section 322.1 (relating to power to set fees by
regulation).
Section 5. Section 2903(b) and (h) of Title 30 are amended
and the section is amended by adding a subsection to read:
§ 2903. Boat and net licenses for boundary lakes.
* * *
(b) Issuance and fees.--[The] Except as provided under
subsection (b.1), the commission may issue a commercial fishing
license to a person who has signed and submitted his application
and paid a fee as follows:
(1) Trap nets: residents, $80; nonresidents, $160.
(2) Seines: residents, $50; nonresidents, $100.
(b.1) Change of fees.--The fees specified under subsection
(b) may be as otherwise established by the commission by
regulation in accordance with section 322.1 (relating to power
to set fees by regulation).
* * *
[(h) Gill nets.--The use of gill nets for fishing on
boundary lakes shall be prohibited.]
Section 6. Section 2904(a) and (c), 2906, 2907.2(a) and
(f.1), 2907.3(b) and 3101 of Title 30 are amended to read:
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§ 2904. Permits for protection and management of particular
fish.
(a) General rule.--Except as provided in [subsections (b)
and] subsection (c), the executive director, with the approval
of the commission, may require permits for the taking, catching,
killing, possession, introduction, removal, importing,
transporting, exporting or disturbing of fish when it is
determined that the permits may be needed to insure proper
protection and management of any species of fish. The commission
may establish fees for the issuance of permits and may
promulgate rules and regulations concerning the issuance and
provisions of the permits. Permits issued under this section may
be revoked at any time at the discretion of the commission.
* * *
(c) Limit on permits.--The commission shall not issue
permits under the authority of this section for the taking,
catching, killing, possession, introduction, removal, importing,
exporting or disturbing of any game fish other than trout [or
salmon]. This subsection shall not affect the issuance of
permits for tagged fish contests in boundary lakes.
§ 2906. Permits for use of explosives.
The executive director, with the approval of the commission,
may grant permits for the use of explosives in waters for
engineering purposes upon the payment of a fee of $50[.] or as
otherwise established by the commission by regulation in
accordance with section 322.1 (relating to power to set fees by
regulation). The executive director may waive the payment of the
fee for Commonwealth agencies and political subdivisions. Any
person using explosives under a permit shall make restitution to
the commission for all fish destroyed. A person who engages in
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an activity for which a permit is required under this section
without first acquiring the permit commits a misdemeanor of the
third degree. A person using explosives under a permit issued
under this section who violates any of the terms and conditions
of the permit commits a summary offense of the first degree.
§ 2907.2. Lake Erie fishing permits.
(a) Permit required.--No person shall fish in Lake Erie,
Presque Isle Bay and their tributaries, including waters that
flow into those tributaries, without first procuring an annual
special permit [for such fishing] to fish in Lake Erie and
tributaries or [the combination trout/salmon/Lake Erie permit] a
combination trout permit and Lake Erie permit.
* * *
(f.1) Lake Erie permits.--
(1) The proceeds from the fees for the special permits
to fish in Lake Erie [fishing permits] and tributaries as
provided for under section 2715(a.1)(4) (relating to license,
permit and issuing agent fees) and $6 of the fees for the
combination [trout/salmon] trout permits and Lake Erie
permits as provided for under section [2715(a.1)(5)] 2715
shall be deposited into a restricted account within the Fish
Fund. [The]
(2) The funds in the restricted account shall be used to
provide public fishing access or to protect or improve fish
habitat on or at Lake Erie, Presque Isle Bay and their
tributaries, including waters that flow into those
tributaries. The funds may also be used for other projects
that support public fishing on or at Lake Erie, Presque Isle
Bay and their tributaries.
* * *
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§ 2907.3. Fishing guide and charter boat permits.
* * *
(b) Issuing agent status.--Holders of charter boat/fishing
guide permits may be designated as special issuing agents for
the purpose of selling to their customers One-Day Resident
Fishing Licenses, One-Day Tourist Fishing Licenses, Three-Day
Tourist Fishing Licenses, Seven-Day Tourist Fishing Licenses
[and trout/salmon], trout permits [and], special permits [for
fishing] to fish in Lake Erie and tributaries and combination
trout permits and Lake Erie permits for the fees specified in
section 2715.
* * *
§ 3101. Licenses.
Upon application accompanied by a license fee as prescribed
in this chapter or as established by the commission by
regulation in accordance with section 322.1 (relating to power
to set fees by regulation), the commission shall issue an annual
regulated fishing lake license to an applicant whose application
meets the eligibility criteria specified in commission
regulations. The license shall be effective until December 31 of
the year in which it is issued. Each application for a license
or a renewal thereof shall be signed by the owner or operator of
the regulated fishing lake and shall state the approximate total
area of fishing water on the premises to be licensed and whether
the area consists of one body of water or more than one,
together with any other information relative thereto as the
commission may prescribe. The commission may promulgate
regulations for the licensing and operation of regulated fishing
lakes.
Section 7. Section 3102 of Title 30 is amended by adding a
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subsection to read:
§ 3102. Fees.
* * *
(d) Changes to fees.--The fees listed under this section
may be changed by the commission in accordance with section
322.1 (relating to power to set fees by regulation).
Section 8. Section 3509(a) of Title 30 is amended to read:
§ 3509. Obstructing migration of fish.
(a) General rule.--No person shall place any device or
object in waters within this Commonwealth in a manner that
obstructs the migration or passage of fish therein or obstructs
any fishway but the commission may, as it deems necessary in the
interest of fish management, authorize the erection of such
devices and prescribe such conditions for the operation and
maintenance of such devices as may be necessary for a fee of
$10[.] or as otherwise established by the commission by
regulation in accordance with section 322.1 (relating to power
to set fees by regulation).
* * *
Section 9. Section 5104(a) of Title 30 is amended and the
section is amended by adding a subsection to read:
§ 5104. Fees.
(a) General rule.--[The] Except as otherwise provided under
subsection (c), the following fees apply to registrations,
licenses, permits and capacity plates and certificates issued
under this part and the fees collected shall be deposited in the
State Treasury in the Boat Fund:
(1) Owner registration (motorboats less than 16 feet in
length), $13 per year.
(2) Owner registration (motorboats 16 feet to less than
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20 feet), $19.50 per year.
(2.1) Owner registration (motorboats 20 feet or longer),
$26 per year.
(2.2) Owner registration (boats not equipped with
motors), $9 per year or as fixed under subsection (b).
(3) Duplicate owner registration, $3 each.
(4) Dealer registration, $15 each per year.
(5) Commercial passenger boat registration, $25 each.
(6) License for operator of passenger-carrying boat, $5
each.
[(7) Capacity plate, $5 each.]
(8) Transfer of a multi-year boat registration, $5.
(9) Permit for floating structure and private aids to
navigation, $10 each.
(10) Boating safety education certificate, $10.
(11) Replacement boating safety education certificate,
$5.
* * *
(c) Changes to fees.--The fees listed under this section
may be changed by the commission in accordance with section
322.1 (relating to power to set fees by regulation).
Section 10. Sections 5304(b), 5327 and 5334 of Title 30 are
amended to read:
§ 5304. Issuing agents.
* * *
(b) Fee.--For all services rendered in collecting and paying
over registration fees, each issuing agent shall charge and
retain an additional fee not exceeding $2 or as otherwise
established by the commission by regulation in accordance with
section 322.1 (relating to power to set fees by regulation) from
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the person securing the registration. If the issuing agent is a
county treasurer or other official who performs that function,
the fee shall be retained for the use of the county.
* * *
§ 5327. Fees.
[The] (a) General rule.--Except as provided under subsection
(b), the following fees shall be due:
(1) The fee for issuance of a certificate of title shall
be $15.
(2) The fee for a duplicate certificate of title shall
be $5.
(3) The fee for recording or changing the amount of
security interest on a certificate of title shall be $5.
(4) The fee for copies of or information relating to a
title or security interest shall be $5.
(5) The fee for issuing or providing copies of any other
official document issued under the authority of this chapter
shall be $5.
(6) The fee for continuing the effectiveness of
perfection of a security interest shall be $5.
(b) Changes to fees.--The fees listed under this section
may be changed by the commission in accordance with section
322.1 (relating to power to set fees by regulation).
§ 5334. Notice for boats and related equipment.
Any time 30 days after the terminal date, if a marine
business chooses to have all rights, title and interest in a
boat or any related equipment transferred to the marine business
by operation of law, the marine business shall on the same day
send the following two written notices by certified mail, return
receipt requested:
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(1) To an address designated in writing by the customer
or, if not so designated, to the customer's last known
address, indicating that the marine business intends to
terminate all rights, title and interest in the boat or any
related equipment by operation of law under this subchapter.
If the marine business is sending a notice to the customer
pursuant to 75 Pa.C.S. § 7324 (relating to notification by
watercraft trailer dealer), it may send the notice required
by this paragraph in the same mailing. The notice shall
contain:
(i) The name, address and telephone number of the
marine business.
(ii) A description of the boat, including make,
model and year, and the hull identification number, a
registration number or temporary decal number.
(iii) A description of any related equipment.
(iv) Notice that the marine business intends to
terminate the owner's and lienholder's rights, title and
interest in the boat and any related equipment by
operation of law under this subchapter.
(v) The amount which must be paid to the marine
business to redeem the boat and any related equipment as
of the date of the notice.
(2) To the commission indicating that the marine
business intends to terminate all rights, title and interest
in the boat or any related equipment by operation of law
under this subchapter. This notice shall be accompanied by a
fee of $50 or as otherwise established by the commission by
regulation in accordance with section 322.1 (relating to
power to set fees by regulation) and shall be on a form
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prescribed by the commission.
Section 11. This act shall take effect immediately.
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