PRINTER'S NO. 1884
No. 1574 Session of 1979
INTRODUCED BY W. W. FOSTER AND LETTERMAN, JUNE 28, 1979
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 29, 1979
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, adding revised, codified and compiled provisions
3 relating to fish and fishing and boats and boating.
4 TABLE OF CONTENTS
5 TITLE 30
6 FISH
7 PART I. GENERAL PROVISIONS
8 Chapter 1. Preliminary Provisions
9 § 101. Short title of title.
10 § 102. Definitions.
11 Chapter 3. Pennsylvania Fish Commission
12 Subchapter A. Organization, Officers and Employees
13 § 301. Organization of commission.
14 § 302. Executive director.
15 § 303. Assistant executive directors.
16 § 304. Waterways patrolmen and employees.
17 § 305. Deputy waterways patrolmen.
18 § 306. Boating Advisory Board.
19 Subchapter B. Powers and Duties in General
1 § 321. Administration and enforcement.
2 § 322. Rules and regulations.
3 § 323. Publications.
4 Chapter 5. Fiscal Affairs
5 Subchapter A. General Provisions
6 § 501. Refund of moneys paid erroneously or unjustly.
7 § 502. Collection fee for uncollectible checks.
8 Subchapter B. The Fish Fund
9 § 521. Establishment and use of Fish Fund.
10 § 522. Expenditures from Fish Fund.
11 Subchapter C. The Boat Fund
12 § 531. Establishment and use of Boat Fund.
13 § 532. Expenditure from Boat Fund.
14 Chapter 7. Property and Waters
15 Subchapter A. General Provisions
16 § 701. Acceptance of donations of money or property.
17 § 702. Execution of contracts and leases.
18 Subchapter B. Acquisition and Improvement
19 § 721. Acquisition of property.
20 § 722. Improvements to property.
21 § 723. Rights-of-way and other rights.
22 § 724. Certification of title or title insurance.
23 § 725. Price paid for acquisitions and improvements.
24 § 726. Title to property.
25 § 727. Designation of property.
26 § 728. Exemption from taxation.
27 Subchapter C. Control, Management and Disposition
28 § 741. Control of property.
29 § 742. Use of property.
30 § 743. Exchange or sale.
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1 § 744. Disposition of timber and minerals.
2 § 745. Rights-of-way, easements and licenses.
3 § 746. Leases.
4 § 747. Proceeds from sales and grants.
5 Chapter 9. Enforcement
6 Subchapter A. General Provisions
7 § 901. Powers and duties of waterways patrolmen and deputies.
8 § 902. Enforcement of other laws.
9 § 903. Delegation of enforcement powers.
10 § 904. Interference with officers.
11 § 905. Reciprocal enforcement on Delaware River.
12 Subchapter B. Prosecutions and Penalties.
13 § 921. Time for commencing prosecutions.
14 § 922. Possession prima facie evidence of violation.
15 § 923. Classification of offenses and penalties.
16 § 924. Costs for summary offenses.
17 § 925. Acknowledgement of guilt and receipts for payment.
18 § 926. Disposition of fines and penalties.
19 § 927. Forfeiture of fish and devices.
20 § 928. Revocation or denial of license, permit or registration.
21 § 929. Suspension of privileges pending payment of penalties.
22 § 930. Arrest of nonresident.
23 PART II. FISH AND FISHING
24 Chapter 21. General Provisions
25 § 2101. Administration of part.
26 § 2102. Rules and regulations.
27 § 2103. Stocked waters open for fishing.
28 § 2104. Sunday fishing from private land.
29 § 2105. Farm fish ponds.
30 § 2106. Fishing in hatchery and nursery waters.
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1 Chapter 23. Fish Restoration and Management
2 § 2301. Propagation and distribution of fish.
3 § 2302. Cooperative fish restoration projects.
4 § 2303. Federal cultural stations.
5 § 2304. Fish migration studies.
6 § 2305. Threatened and endangered species.
7 § 2306. Refuge areas.
8 § 2307. Waters limited to specific purposes.
9 Chapter 25. Protection of Property and Waters
10 § 2501. Misuse of property and waters.
11 § 2502. Disturbance of waterways and watersheds.
12 § 2503. Littering.
13 § 2504. Pollution of waters.
14 § 2505. Interference or damage to hatchery or nursery property.
15 § 2506. Commonwealth actions for damage to fish.
16 Chapter 27. Fishing Licenses
17 § 2701. Resident fishing licenses.
18 § 2702. Nonresident and tourist licenses.
19 § 2703. Possession and display of licenses.
20 § 2704. Lost fishing licenses.
21 § 2705. Improper license use and false application.
22 § 2706. Complimentary licenses.
23 § 2707. Disabled veterans.
24 § 2708. Institutional licenses.
25 § 2709. Exemptions from license requirements.
26 § 2710. Form and expiration of licenses.
27 § 2711. Issuing agents.
28 § 2712. License requirements on boundary waters.
29 § 2713. Appropriations for licenses issued without a fee.
30 Chapter 29. Special Licenses and Permits
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1 § 2901. Eel chute licenses.
2 § 2902. Net permits.
3 § 2903. Boat and net licenses for boundary lakes.
4 § 2904. Permits for protection and management of particular
5 fish.
6 § 2905. Permits for fish collecting activities.
7 § 2906. Permits for use of explosives.
8 § 2907. Expiration of licenses and permits.
9 § 2908. Penalties.
10 Chapter 31. Regulated Fishing Lakes
11 § 3101. Licenses.
12 § 3102. Fees.
13 § 3103. Exemption from fishing regulations.
14 § 3104. Receipts for fish caught.
15 § 3105. Bills of sale for fish purchased for stocking.
16 § 3106. Classification of lakes.
17 § 3107. Transportation of fish.
18 § 3108. Violations by owner or operator.
19 § 3109. Violations by other persons.
20 Chapter 33. Propagation and Sale of Fish
21 § 3301. Artificial propagation licenses.
22 § 3302. Limitation on water obstruction or use.
23 § 3303. Activities authorized under license.
24 § 3304. Activities not authorized under license.
25 § 3305. Receipts for sales of fish.
26 § 3306. Inspection of books and property.
27 § 3307. Stocking regulations.
28 § 3308. Killing destructive birds, animals, amphibians and
29 reptiles.
30 § 3309. Live bait fish, live fish bait and live fish dealers
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1 licenses.
2 § 3310. Unauthorized sale of bait fish and fish bait.
3 § 3311. Sale of certain fish prohibited.
4 § 3312. Prohibited acts.
5 § 3313. Penalty.
6 Chapter 35. Dams, Bar Racks and Migration Devices
7 § 3501. Devices in dams to permit fish migration.
8 § 3502. Operation and maintenance of devices.
9 § 3503. Closing of devices for repair or nonuse.
10 § 3504. Civil penalty for noncompliance.
11 § 3505. Erection of devices by commission.
12 § 3506. Drawing off or interference with dams or devices.
13 § 3507. Protection of fish near dams.
14 § 3508. Erection of bar racks to prevent entry of fish.
15 § 3509. Obstructing migration of fish.
16 PART III. BOATS AND BOATING
17 Chapter 51. General Provisions
18 Subchapter A. Preliminary Provisions
19 § 5101. Administration of part.
20 § 5102. Cooperation with other agencies.
21 § 5103. Boating education programs.
22 § 5104. Fees.
23 Subchapter B. Rules and Regulations
24 § 5121. Promulgation.
25 § 5122. Registrations, licenses, permits, plates and
26 statistics.
27 § 5123. General boating regulations.
28 § 5124. Particular areas of water.
29 Chapter 53. Registration of Boats
30 § 5301. Registration of motorboats required.
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1 § 5302. Exemptions from registration.
2 § 5303. Voluntary and special registrations.
3 § 5304. Issuing agents.
4 § 5305. Application for registration.
5 § 5306. Certificate of registration.
6 § 5307. Dealer registration.
7 § 5308. Period of registration.
8 § 5309. Change of address of registrant.
9 § 5310. Display of registration number.
10 § 5311. Tampering with identification numbers.
11 § 5312. Transfer, destruction or abandonment of boat.
12 § 5313. Records open to public.
13 Chapter 55. Operation of Boats
14 § 5501. Reckless and negligent operation of watercraft.
15 § 5502. Operating watercraft under influence of alcohol or
16 controlled substance.
17 § 5503. Accident reports.
18 § 5504. Liability for damage caused by operator.
19 PART IV. MISCELLANEOUS PROVISIONS
20 Chapter 71. Atlantic States Marine Fisheries Compact
21 § 7101. Execution and form of compact.
22 § 7102. Members of commission from Pennsylvania.
23 § 7103. Powers and duties of commission and Commonwealth
24 agencies.
25 § 7104. Powers granted commission supplemental to other powers.
26 § 7105. Accounts and reports of commission.
27 § 7106. Amendment to compact.
28 Chapter 73. Shad Fishing in Delaware River and Bay
29 § 7301. Legislative findings and declarations.
30 § 7302. Delaware River and Bay defined.
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1 § 7303. Interstate cooperation.
2 § 7304. Permitted nets and devices.
3 § 7305. Season and lift period.
4 § 7306. License required for catching shad with nets.
5 § 7307. Limitations on issuance of license.
6 § 7308. Issuance of additional licenses.
7 § 7309. License fees.
8 § 7310. Records and reports by licensees.
9 § 7311. Transfer of license.
10 § 7312. Withdrawal of licenses issued in prior year.
11 § 7313. Suspension or revocation of license.
12 § 7314. Penalty.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Title 30, act of November 25, 1970 (P.L.707,
16 No.230), known as the Pennsylvania Consolidated Statutes, is
17 amended by adding parts to read:
18 TITLE 30
19 FISH
20 Part
21 I. General Provisions
22 II. Fish and Fishing
23 III. Boats and Boating
24 IV. Miscellaneous Provisions
25 PART I
26 GENERAL PROVISIONS
27 Chapter
28 1. Preliminary Provisions
29 3. Pennsylvania Fish Commission
30 5. Fiscal Affairs
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1 7. Property and Waters
2 9. Enforcement
3 CHAPTER 1
4 PRELIMINARY PROVISIONS
5 Sec.
6 101. Short title of title.
7 102. Definitions.
8 § 101. Short title of title.
9 This title shall be known and may be cited as the "Fish and
10 Boat Code."
11 § 102. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this title which are applicable to specific
14 provisions of this title, the following words and phrases when
15 used in this title shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
17 "Amphibian." Any of the cold-blooded, scaleless, vertebrates
18 of the class amphibia, such as frogs, toads and salamanders, the
19 young usually being aquatic and breathing by gills and the
20 adults usually losing the gills and breathing by lungs.
21 "Aquatic organism." Any plant or animal that grows or lives
22 in or upon the water.
23 "Artificial propagation." The rearing of any species of
24 fish, during any stage of the species life cycle from inception
25 by natural or artificial means to the adult stage of the
26 species.
27 "Bait fish." Unless otherwise provided by commission
28 regulation, the following fish:
29 (1) All forms of the minnow family (Cyprinidae) except
30 carp and goldfish.
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1 (2) Suckers, chubs, fallfish, lampreys and eels
2 measuring less than eight inches in length.
3 (3) All forms of darters, killifishes and madtoms
4 (otherwise known as stonecats).
5 "Board." The Boating Advisory Board established under this
6 title.
7 "Boat." Every description of watercraft constructed or sold
8 for the primary purpose of being used as a means of
9 transportation on the water. The term does not include:
10 (1) Surf boards and other similar nonpowered
11 contrivances used primarily as swimming aids.
12 (2) Commercial craft subject to Federal manning and
13 inspection requirements.
14 (3) Seaplanes.
15 "Boundary lake." Such part or parts of any lake lying
16 between this Commonwealth and any other state or foreign country
17 over which the Commonwealth may have jurisdiction.
18 "Boundary waters." All natural or artificially constructed
19 ponds or lakes, bays, peninsular waters or flowing streams or
20 rivers which border on this Commonwealth.
21 "Commission." The Pennsylvania Fish Commission of the
22 Commonwealth.
23 "Endangered species." All species and subspecies of fish
24 which:
25 (1) have been declared by the Secretary of the United
26 States Department of the Interior to be threatened with
27 extinction and appear on the Endangered Species List or the
28 Native Endangered Species List published in the Federal
29 Register; or
30 (2) have been declared by the executive director to be
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1 threatened with extinction and appear on the Pennsylvania
2 Endangered Species List published in the Pennsylvania
3 Bulletin.
4 "Executive director." The executive director of the
5 Pennsylvania Fish Commission.
6 "Fish."
7 (1) When used as a noun, includes all game fish, fish
8 bait, bait fish, amphibians, reptiles and aquatic organisms.
9 (2) When used as a verb, the act of fishing.
10 "Fishing." The act of angling, or to catch, take, kill or
11 remove or the attempt to catch, take, kill or remove from any
12 waters or other areas within or bordering on this Commonwealth
13 any fish by any means or method for any purpose whatsoever.
14 "Fish bait." Unless otherwise provided by commission
15 regulation, crayfish or crabs, mussels, clams and the nymphs,
16 larvae and pupae of all insects spending any part of their life
17 cycle in the water.
18 "Game fish." Unless otherwise provided by commission
19 regulation, the following fish: Brook trout, Salvelinus
20 fontinalis; brown trout, Salmo trutta; and rainbow trout, Salmo
21 gairdneri, and the salmon family, Salmoidae; walleye,
22 Stizostedion vitreum; chain pickerel, Esox niger; northern pike,
23 Esox lucius; muskellunge, Esox masquinongy; fallfish, Semotilus
24 corporalis; smallmouth bass, Micropterus dolomieui; largemouth
25 bass, Micropterus salmoides; crappies, Pomoxis sp.; rock bass,
26 Ambloplites rupestris; yellow perch, Perca flavescens; striped
27 bass or rockfish, morone saxatili; suckers, Catostomidae; eels,
28 Anguilla rostrata; chubs, Semotilus and Nocomis, measuring at
29 least eight inches in length; sturgeon, Acipenser oxyrhynchus;
30 white perch, morone americana; and all other species or
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1 varieties of fish except bait fish.
2 "Iceboat." Every description of icecraft or motor-driven
3 contrivance used, or capable of being used, as a means of
4 transportation on ice.
5 "Inland waters." Any nontidal stream, river, lake,
6 artificial or natural body of water within this Commonwealth.
7 "Motorboat." Any boat equipped with propelling machinery.
8 "Operate." As applied to watercraft, to navigate or
9 otherwise use a boat or watercraft.
10 "Owner." As applied to watercraft, a person, other than a
11 lienholder, having the property in or title to a boat. The term
12 includes a person entitled to the use or possession of a boat
13 subject to the interest of another person reserved or created by
14 agreement and securing payment or performance of an obligation.
15 The term does not include a lessee under a lease not intended as
16 security.
17 "Passenger." Any person on a boat.
18 "Passenger-carrying boat." Any boat that carries more than
19 six passengers either for hire or as part of a commercial
20 enterprise. The following persons shall not be counted in
21 determining the number of passengers:
22 (1) The owner or his representative.
23 (2) The operator and bona fide members of the crew who
24 have contributed no consideration for their carriage and who
25 may be paid for their services.
26 (3) Any guest on board a boat used exclusively for
27 pleasure purposes who has not contributed any consideration,
28 directly or indirectly, for his carriage when there are no
29 other passengers on board who have paid any such
30 consideration and when only the owner or owners of the boat
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1 are bearing the costs of operating the boat.
2 "Person." Includes individuals, partnerships, associations,
3 corporations, political subdivisions, municipality authorities,
4 the Commonwealth or any other legal entities.
5 "Regulated fishing lake." Any artificial or man-made pond or
6 lake owned, leased or controlled in any manner by any person
7 where fishing is permitted for payment of a fee and in which all
8 fish stocked are artificially propagated by commercial
9 hatcheries or purchased from persons licensed to sell fish.
10 "Reptiles." Any of the various species of cold-blooded
11 vertebrates of the class Reptilia.
12 "Special marine event." Any unusual congregation of boats
13 for a specific purpose including events such as races, regattas,
14 rodeos, demonstrations, exhibitions and marine parades.
15 "Threatened species." All species and subspecies of fish
16 which:
17 (1) have been declared by the Secretary of the United
18 States Department of the Interior to be in such small numbers
19 throughout their range that they may become endangered if
20 their environment worsens and appear on a Threatened Species
21 List published in the Federal Register; or
22 (2) have been declared by the executive director to be
23 in such small numbers throughout their range that they may
24 become endangered if their environment worsens and appear on
25 the Pennsylvania Threatened Species List published in the
26 Pennsylvania Bulletin.
27 "Vessel." A boat.
28 "Watercraft." Every description of device used on the water
29 or ice or capable of being used as a means of transport on water
30 or ice. The term includes boats, motorboats, iceboats, all
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1 terrain or amphibious vehicles when they are operated on water
2 and all such other devices. The term does not include seaplanes.
3 "Waters of this Commonwealth." Includes all inland, tidal
4 and boundary waters, whether navigable or nonnavigable, under
5 the jurisdiction of the Commonwealth. The term includes ice that
6 forms on these waters.
7 CHAPTER 3
8 PENNSYLVANIA FISH COMMISSION
9 Subchapter
10 A. Organization, Officers and Employees
11 B. Powers and Duties in General
12 SUBCHAPTER A
13 ORGANIZATION, OFFICERS AND EMPLOYEES
14 Sec.
15 301. Organization of commission.
16 302. Executive director.
17 303. Assistant executive directors.
18 304. Waterways patrolmen and employees.
19 305. Deputy waterways patrolmen.
20 306. Boating Advisory Board.
21 § 301. Organization of commission.
22 (a) Composition.--The Pennsylvania Fish Commission is
23 continued as an independent administrative commission and shall
24 consist of nine competent citizens of this Commonwealth who
25 shall be appointed by the Governor by and with the advice and
26 consent of two-thirds of the members elected to the Senate for
27 terms of eight years and until their successors are appointed
28 and qualified.
29 (b) Qualifications.--One member of the commission shall
30 serve at-large and be experienced in boating and water safety
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1 education. The remaining eight members shall be persons well
2 informed on the subject of conservation restoration, fish and
3 fishing and boats and boating and shall be appointed, insofar as
4 practicable, on a bipartisan basis and from the various
5 geographic districts of this Commonwealth so that at all times
6 one and only one member shall be a resident of each of the
7 following districts:
8 (1) First district, consisting of the counties of Erie,
9 Crawford, Mercer, Lawrence, Venango, Butler, Warren, Forest
10 and Clarion.
11 (2) Second district, consisting of the counties of
12 Beaver, Allegheny, Washington, Greene, Armstrong, Indiana,
13 Westmoreland and Fayette.
14 (3) Third district, consisting of the counties of
15 McKean, Elk, Jefferson, Potter, Cameron, Clearfield, Clinton
16 and Centre.
17 (4) Fourth district, consisting of the counties of
18 Cambria, Somerset, Blair, Bedford, Huntingdon, Fulton,
19 Mifflin and Juniata.
20 (5) Fifth district, consisting of the counties of Tioga,
21 Lycoming, Union, Snyder, Bradford, Sullivan, Columbia,
22 Montour and Northumberland.
23 (6) Sixth district, consisting of the counties of
24 Franklin, Perry, Cumberland, Adams, Dauphin, York, Lebanon
25 and Lancaster.
26 (7) Seventh district, consisting of the counties of
27 Susquehanna, Wyoming, Luzerne, Lackawanna, Carbon, Wayne,
28 Pike and Monroe.
29 (8) Eighth district, consisting of the counties of
30 Schuylkill, Berks, Chester, Northampton, Lehigh, Bucks,
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1 Montgomery, Philadelphia and Delaware.
2 (c) Compensation.--The members shall receive no compensation
3 for their services but may be reimbursed for travel expenses.
4 (d) Vacancies.--Upon the death, resignation or removal from
5 office of any member, the Governor shall appoint a competent
6 person to serve for the unexpired term.
7 (e) Meetings, officers and quorum.--The commission shall
8 have an office in the Harrisburg area and shall hold meetings in
9 the Harrisburg area in January and July and at such other times
10 and places within this Commonwealth as the commission shall
11 designate for the transaction of business. At the meeting held
12 in July of each year, the commission shall elect one of its
13 members as president and one of its members as vice president
14 who shall hold office for one year. Five members shall
15 constitute a quorum.
16 (f) Powers of waterways patrolmen.--Except for the power
17 conferred by section 925 (relating to acknowledgement of guilt
18 and receipts for payment), members of the commission may
19 exercise any of the powers conferred by this title on waterways
20 patrolmen.
21 § 302. Executive director.
22 (a) Appointment and compensation.--The commission shall
23 appoint to serve at its pleasure and, with the approval of the
24 Governor, fix the compensation of an executive director who
25 shall be the chief executive officer of the commission and
26 attend to its administrative work and have charge of all
27 activities under the jurisdiction of the commission. The
28 executive director shall be the chief waterways patrolman of the
29 commission and shall have charge of, direct, supervise, and
30 control all waterways patrolmen, deputy waterways patrolmen and
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1 employees of the commission. No member of the commission nor any
2 person who has served as a member thereof within one year shall
3 be eligible for appointment as executive director.
4 (b) Power to catch, kill or possess fish.--The executive
5 director or his agent may catch, take, kill or possess any fish
6 at any time, in any season of the year and with any kind of net
7 or device.
8 § 303. Assistant executive directors.
9 (a) Appointment.--The executive director, with the approval
10 of the commission, may appoint two assistant executive
11 directors, one of whom shall be in charge of and responsible for
12 watercraft safety and the other of whom shall be in charge of
13 and responsible for fisheries and engineering.
14 (b) Assistant for watercraft safety.--The assistant
15 executive director of the commission in charge of watercraft
16 safety shall reside in this Commonwealth at the time of
17 appointment and have five or more years of experience with ships
18 or boats and have either a college degree or at least ten years
19 experience in administration. The assistant executive director
20 shall:
21 (1) Direct, administer and coordinate the activities of
22 the commission relating to watercraft, boats and boating,
23 including the enforcement of Part III (relating to boats and
24 boating) and the rules and regulations promulgated
25 thereunder, and the improvement and maintenance of waterway
26 facilities including aids to navigation.
27 (2) Coordinate and supervise all expenditures from the
28 Boat Fund.
29 (3) Administer the boating education programs of the
30 commission.
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1 § 304. Waterways patrolmen and employees.
2 (a) Appointment and compensation.--The executive director,
3 with the approval of the commission, shall, in accordance with
4 law, appoint and fix the compensation of such number of
5 waterways patrolmen and other employees as the commission deems
6 necessary to enforce and carry out the provisions of this title
7 and perform the functions and work of the commission.
8 (b) Status.--This title does not change the status of
9 waterways patrolmen for the purposes of the act of July 23, 1970
10 (P.L.563, No.195), known as the "Public Employe Relations Act,"
11 or cause waterways patrolmen to be considered policemen for the
12 purposes of the act of June 24, 1968 (P.L.237, No.111), referred
13 to as the Policemen and Firemen Collective Bargaining Act.
14 § 305. Deputy waterways patrolmen.
15 (a) Appointment and training.--The executive director, with
16 the approval of the commission, may appoint deputy waterways
17 patrolmen to act anywhere within this Commonwealth. Newly
18 appointed deputy waterways patrolmen, excluding reappointments,
19 shall attend such training programs as may be required by the
20 commission. Persons appointed under this section may exercise
21 the powers of their appointments until December 31 next
22 succeeding the date of their appointment.
23 (b) Compensation.--Deputy waterways patrolmen shall not be
24 entitled to any salary, compensation or expenses for their
25 services from the Commonwealth, unless detailed in writing for
26 duty by the executive director of the commission, in which case
27 they shall receive compensation and reasonable expenses in
28 accordance with a Statewide pay scale.
29 (c) Powers and duties.--Deputy waterways patrolmen appointed
30 under the authority of this section may exercise the powers of
19790H1574B1884 - 18 -
1 their appointments until December 31 and no longer. Except for
2 the provisions set forth in section 901(12) (relating to powers
3 and duties of waterways patrolmen and deputies) and section 925
4 (relating to acknowledgment of guilt and receipts for payment),
5 deputy waterways patrolmen shall have the same powers and may be
6 required to make the same reports as waterways patrolmen.
7 § 306. Boating Advisory Board.
8 (a) Composition.--There is hereby continued within the
9 commission a Boating Advisory Board. The board shall consist of
10 the Secretary of Environmental Resources, or his designee, the
11 executive director of the commission and the assistant executive
12 director of the commission in charge of watercraft safety, all
13 of whom shall be ex officio members, and five volunteer members
14 to be appointed by the Governor for terms of five years or, in
15 the case of a vacancy, for the remainder of the unexpired term.
16 (b) Qualifications.--The members appointed by the Governor
17 shall be experienced boaters as evidenced by the operation of a
18 boat and active membership in representative boating
19 associations, yacht clubs or similar organizations. As far as
20 possible, the membership of the board shall be bipartisan and
21 shall represent the various geographical sections and boating
22 interests of this Commonwealth.
23 (c) Officers.--The board shall annually select one of the
24 volunteer members as the chairman. The assistant executive
25 director for watercraft safety shall serve as secretary.
26 (d) Compensation.--The volunteer members of the board shall
27 receive no salary but may, subject to the approval of the
28 commission, receive travel expenses.
29 (e) Meetings and quorum.--The board shall meet at such place
30 and at such time as may be specified upon the call of the
19790H1574B1884 - 19 -
1 chairman, three members of the board or the commission. Five
2 members of the board, including three volunteer members, shall
3 constitute a quorum.
4 (f) Powers and duties.--The board shall advise the
5 commission on all matters relating to boating and make
6 recommendations to the commission with regard to any proposed
7 rules or regulations affecting the equipment or operation of
8 boats.
9 SUBCHAPTER B
10 POWERS AND DUTIES IN GENERAL
11 Sec.
12 321. Administration and enforcement.
13 322. Rules and regulations.
14 323. Publications.
15 § 321. Administration and enforcement.
16 The commission shall administer and enforce this title and
17 other laws of this Commonwealth relating to:
18 (1) The encouragement, promotion and development of the
19 fishery interests.
20 (2) The protection, propagation and distribution of
21 fish.
22 (3) The management of boating and the operation of
23 boats.
24 § 322. Rules and regulations.
25 The commission may promulgate rules and regulations
26 concerning:
27 (1) Fishing to aid in the better protection,
28 preservation and management of fish.
29 (2) Boating and the management and operation of boats.
30 § 323. Publications.
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1 The executive director may have printed the annual report of
2 the commission and such bulletins, literature, posters and other
3 printing as may be appropriate to the work of the commission
4 including the magazine known as the Pennsylvania Angler. The
5 commission shall from time to time establish the subscription
6 rates for the Pennsylvania Angler and charges for its other
7 publications. All publications published by the commission shall
8 be nonpartisan.
9 CHAPTER 5
10 FISCAL AFFAIRS
11 Subchapter
12 A. General Provisions
13 B. The Fish Fund
14 C. The Boat Fund
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 501. Refund of moneys paid erroneously or unjustly.
19 502. Collection fee for uncollectible checks.
20 § 501. Refund of moneys paid erroneously or unjustly.
21 Whenever the commission is satisfied that any fee, fine or
22 any other money was erroneously or unjustly paid into the State
23 Treasury under any of the provisions of this title, the
24 commission may by resolution, within two years after the
25 payment, direct the executive director to draw a requisition
26 upon the Fish Fund or Boat Fund, as appropriate, for the amount
27 involved. Upon receipt of the requisition and an extract of the
28 minutes of the commission, a refund shall be paid in favor of
29 the person from whom the fee, fine or other money was
30 erroneously or unjustly collected.
19790H1574B1884 - 21 -
1 § 502. Collection fee for uncollectible checks.
2 Whenever any check or similar instrument issued in payment of
3 any fee, fine or for any other purpose under this title is
4 returned to the commission as uncollectible, the person who
5 makes, issues or presents the check or other instrument shall be
6 charged a fee of $15, to be credited to the Fish Fund or the
7 Boat Fund, as appropriate, to cover the cost of collection.
8 SUBCHAPTER B
9 THE FISH FUND
10 Sec.
11 521. Establishment and use of Fish Fund.
12 522. Expenditures from Fish Fund.
13 § 521. Establishment and use of Fish Fund.
14 (a) General rule.--Except as otherwise provided in this
15 title, all fees, royalties, fines, penalties and other moneys
16 paid, received, recovered and collected under the provisions of
17 this title shall be placed in a separate fund by the State
18 Treasurer to be known as the "Fish Fund" and shall be used
19 solely for the following purposes:
20 (1) The payment of all expenses incurred in processing,
21 issuing or supervising the issuance of fishing licenses,
22 special licenses and permits.
23 (2) The payment of the salaries, wages or other
24 compensation of the executive director, other employees and
25 other persons as may be required for the work of the
26 commission.
27 (3) The payment of the travel and other expenses of the
28 members, officers, employees and other persons as may be
29 required for the work of the commission.
30 (4) The purchase of such furniture, furnishings,
19790H1574B1884 - 22 -
1 stationery, supplies, materials, equipment, fuel, motor
2 vehicles and printing and binding as may be necessary to the
3 conduct of the work of the commission, and the payment of
4 premiums on surety bonds for such officers or employees of
5 the commission as may be required to obtain policies of
6 workmen's compensation insurance and policies of liability
7 insurance covering motor vehicles and persons operating them.
8 (5) The payment of postage, telegrams, telephone
9 rentals, telephone toll charges and rentals for patented
10 leased office devices or machines.
11 (6) Rentals for any offices outside of the Capitol
12 buildings or any other grounds, buildings or quarters
13 necessary for the work of the commission.
14 (7) The propagation, protection, management and
15 distribution of fish and the stocking of waters within this
16 Commonwealth as provided by law.
17 (8) Necessary repairs and improvements to fish cultural
18 stations or other buildings, offices or quarters used in the
19 work of the commission.
20 (9) Field work, gathering spawn and transferring fish.
21 (10) The maintenance and operation of such boats as may
22 be required for the business of the commission.
23 (11) Any contingent, incidental or other expenses of any
24 kind or description reasonably necessary in carrying on the
25 work of the commission including the costs of activities for
26 the promotion of public interest in recreational fishing in
27 this Commonwealth.
28 (12) The direct purchase in any amount, without prior
29 confirmation of the Department of General Services, of all
30 fish and fish food for its fish cultural facilities and
19790H1574B1884 - 23 -
1 elsewhere as needed.
2 (13) The purchase of lands and waters and the impounding
3 of waters and to make them available for use by the citizens
4 of this Commonwealth for fishing, boating and other
5 recreational purposes. The lands and waters so purchased
6 shall be under the supervision, direction and control of the
7 commission.
8 (14) The purchase and acquisition of additional land and
9 water for Commonwealth fish cultural stations; the purchase,
10 acquisition and erection of buildings, ponds and other
11 extensions incidental to fish cultural stations; the
12 propagation and protection of fish and fish cultural stations
13 hereafter established; the distribution of fish from fish
14 cultural stations; and the stocking of waters within this
15 Commonwealth.
16 (15) The refund of fees, royalties, fines or other
17 moneys heretofore or hereafter erroneously or unjustly paid
18 into the Fish Fund.
19 (16) The lease of land, interests in land or licenses
20 for the use thereof by the commission.
21 (b) Cooperative agreements.--The commission may enter into
22 cooperative agreements with Federal, Commonwealth and other
23 state and local government agencies and with interstate compact
24 agencies, singly or in concert, for impounding, managing, using,
25 maintaining and operating waters for public fishing and may
26 expend moneys from the Fish Fund for agreed upon pro rata share
27 of the cost of their acquisition, construction, operation and
28 maintenance. The commission may enter into similar agreements
29 and undertake similar expenditures in conjunction with private
30 or commercial interests for the same purposes.
19790H1574B1884 - 24 -
1 (c) Appropriation of moneys.--All moneys in the Fish Fund,
2 from time to time, are hereby appropriated to the commission and
3 may be expended for the purposes authorized under this title.
4 § 522. Expenditures from Fish Fund.
5 (a) Approval of estimated expenditures.--Estimates of
6 amounts to be expended under this subchapter, from time to time,
7 by the commission shall be submitted to the Governor for his
8 approval as in the case of other appropriations made to
9 Commonwealth agencies.
10 (b) Expenditures not to exceed approved estimates.--The
11 State Treasurer shall not honor any requisition for the
12 expenditure of any moneys by the commission in excess of the
13 estimates approved by the Governor or in excess of the amount
14 available for the purposes for which the requisition was made.
15 SUBCHAPTER C
16 THE BOAT FUND
17 Sec.
18 531. Establishment and use of Boat Fund.
19 532. Expenditure from Boat Fund.
20 § 531. Establishment and use of Boat Fund.
21 (a) General rule.--All fees, royalties, fines, penalties and
22 other moneys paid, received, recovered and collected under the
23 provisions of section 747 (relating to proceeds from sales and
24 grants) and Part III (relating to boats and boating), as well as
25 all funds received pursuant to section 17 of the act of May 21,
26 1931 (P.L.149, No.105), known as "The Liquid Fuels Tax Act,"
27 shall be placed in a separate fund by the State Treasurer to be
28 known as the "Boat Fund." The use of the Boat Fund shall
29 generally be limited to carrying out the functions of the
30 commission that relate to boats and boating and, subject to this
19790H1574B1884 - 25 -
1 general limitation, the fund may be used solely for the
2 following purposes:
3 (1) The payment of all expenses incurred in processing,
4 issuing or supervising the issuance of boat registrations,
5 special licenses and permits.
6 (2) The payment of the salaries, wages or other
7 compensation of the executive director, other employees and
8 other persons as may be required for the work of the
9 commission.
10 (3) The payment of the travel and other expenses of the
11 Boating Advisory Board, officers, employees and other persons
12 as may be required for the work of the commission.
13 (4) The purchase of such furniture, furnishings,
14 stationery, supplies, materials, equipment, fuel, motor
15 vehicles, boats and printing and binding as may be necessary
16 to the conduct of the work of the commission, and the payment
17 of premiums on surety bonds for such officers or employees of
18 the commission as may be required to obtain policies of
19 workmen's compensation insurance and policies of liability
20 insurance covering the motor vehicles and persons operating
21 them.
22 (5) The payment of postage, telegrams, telephone
23 rentals, telephone toll charges and rentals for patented
24 leased office devices or machines.
25 (6) Rentals for any offices outside of the Capitol
26 buildings or any other grounds, buildings or quarters
27 necessary for the work of the commission.
28 (7) Necessary repairs and improvements to boating access
29 areas and buildings, offices or quarters used in the work of
30 the commission.
19790H1574B1884 - 26 -
1 (8) The maintenance and operation of such boats as may
2 be required for the business of the commission.
3 (9) Any contingent, incidental or other expenses of any
4 kind or description reasonably necessary in carrying on the
5 work of the commission as provided in Part III including the
6 costs of activities for the promotion of recreational boating
7 in this Commonwealth.
8 (10) The purchase of lands and waters and the impounding
9 of waters and to make them available for use by the citizens
10 of this Commonwealth for boating and other related
11 recreational purposes. The lands and waters so purchased
12 shall be under the supervision, direction and control of the
13 commission.
14 (11) The refund of fees, royalties, fines or other
15 moneys heretofore or hereafter erroneously or unjustly paid
16 into the Boat Fund.
17 (12) The development and implementation of a boating
18 safety education program.
19 (13) The lease of land, interests in land or licenses
20 for the use thereof by the commission.
21 (b) Cooperative agreements.--The commission may enter into
22 cooperative agreements with Federal, Commonwealth and other
23 state and local government agencies and with interstate compact
24 agencies, singly or in concert, for impounding, managing, using,
25 maintaining and operating waters for public boating and may
26 expend moneys from the Boat Fund for agreed upon pro rata share
27 of the cost of their acquisition, construction, operation and
28 maintenance. The commission may enter into similar agreements
29 and undertake similar expenditures in conjunction with private
30 or commercial interests for the same purposes.
19790H1574B1884 - 27 -
1 (c) Appropriation of moneys.--All moneys in the Boat Fund,
2 from time to time, are hereby appropriated to the commission and
3 may be expended for the purposes that relate to boats and
4 boating authorized under this title.
5 § 532. Expenditures from Boat Fund.
6 (a) Approval of estimated expenditures.--Estimates of
7 amounts to be expended under this subchapter, from time to time,
8 by the commission shall be submitted to the Governor for his
9 approval as in the case of other appropriations made to
10 Commonwealth agencies.
11 (b) Expenditures not to exceed approved estimates.--The
12 State Treasurer shall not honor any requisition for the
13 expenditure of any moneys by the commission in excess of the
14 estimates approved by the Governor or in excess of the amount
15 available for the purposes for which the requisition was made.
16 CHAPTER 7
17 PROPERTY AND WATERS
18 Subchapter
19 A. General Provisions
20 B. Acquisition and Improvement
21 C. Control, Management and Disposition
22 SUBCHAPTER A
23 GENERAL PROVISIONS
24 Sec.
25 701. Acceptance of donations of money or property.
26 702. Execution of contracts and leases.
27 § 701. Acceptance of donations of money or property.
28 The commission may accept from any person donations which, if
29 in the form of money or securities, shall be placed in the Fish
30 Fund or Boat Fund and used for the purposes set forth in section
19790H1574B1884 - 28 -
1 521 (relating to establishment and use of Fish Fund) or section
2 531 (relating to establishment and use of Boat Fund), as
3 applicable, or, if in the form of real or personal property,
4 shall be utilized or disposed of as provided by law.
5 § 702. Execution of contracts and leases.
6 The executive director shall represent the commission in the
7 execution of land purchase contracts and in the execution of
8 leases and other similar agreements approved by the commission.
9 SUBCHAPTER B
10 ACQUISITION AND IMPROVEMENT
11 Sec.
12 721. Acquisition of property.
13 722. Improvements to property.
14 723. Rights-of-way and other rights.
15 724. Certification of title or title insurance.
16 725. Price paid for acquisitions and improvements.
17 726. Title to property.
18 727. Designation of property.
19 728. Exemption from taxation.
20 § 721. Acquisition of property.
21 (a) General rule.--The commission may by purchase, gift,
22 lease, eminent domain or otherwise acquire within this
23 Commonwealth:
24 (1) Title to, or control of, lands, waters and
25 buildings.
26 (2) Fishing rights, easements, rights-of-way or other
27 interests in land and waters which are suitable for:
28 (i) The protection, propagation and management of
29 fish life.
30 (ii) Public fishing and boating and access thereto.
19790H1574B1884 - 29 -
1 (iii) Administrative purposes.
2 (iv) Such other uses as are provided for in this
3 title.
4 (b) Consent required.--All acquisitions of lands shall be
5 made only with the consent of a majority of the members of the
6 commission.
7 (c) Tax delinquent lands and waters.--The commission may
8 purchase tax delinquent lands and waters from the commissioners
9 or treasurers of the various counties as provided by law.
10 § 722. Improvements to property.
11 The commission may purchase, construct, repair and maintain
12 buildings and other improvements on lands acquired for its use
13 and under its control as may be deemed necessary for their
14 proper utilization, maintenance, protection, development,
15 administration, propagation of fish experimental activities or
16 any other purpose incident to the functions of the commission.
17 The contract for and the construction of the buildings shall be
18 in accordance with the provisions of existing law governing the
19 erection of buildings for Commonwealth agencies.
20 § 723. Rights-of-way and other rights.
21 The commission may lease or otherwise secure rights-of-way on
22 and across public or private lands and waters or other rights
23 which may be required to conduct its proper functions.
24 § 724. Certification of title or title insurance.
25 The title records for lands acquired shall first be carefully
26 searched and examined by the commission and when the commission
27 is satisfied that a valid title can be secured the commission
28 shall obtain a certification of title from an attorney at law or
29 title insurance from a title company authorized to do business
30 within this Commonwealth insuring the title of the commission to
19790H1574B1884 - 30 -
1 the lands being acquired or brought under its control.
2 § 725. Price paid for acquisitions and improvements.
3 The commission shall pay what it considers to be a fair and
4 reasonable price for acquisitions and improvements consistent
5 with the purposes for which they are intended and expending,
6 during any year, only such amount as, in its opinion, can be
7 allotted for those purposes.
8 § 726. Title to property.
9 The title to any lands or waters acquired by purchase, gift,
10 exchange or otherwise shall be taken in the name of the
11 Commonwealth for the use of the commission.
12 § 727. Designation of property.
13 The commission may designate lands which it secures title to,
14 or total or partial control of, as it sees fit.
15 § 728. Exemption from taxation.
16 Lands, waters or buildings to which title has been acquired
17 in the name of or for the use of the commission shall be exempt
18 from the payment of all taxes except such fixed charges as apply
19 to and are imposed upon Commonwealth forests.
20 SUBCHAPTER C
21 CONTROL, MANAGEMENT AND DISPOSITION
22 Sec.
23 741. Control of property.
24 742. Use of property.
25 743. Exchange or sale.
26 744. Disposition of timber and minerals.
27 745. Rights-of-way, easements and licenses.
28 746. Leases.
29 747. Proceeds from sales and grants.
30 § 741. Control of property.
19790H1574B1884 - 31 -
1 (a) General rule.--The entire control of all lands or waters
2 owned, leased or otherwise controlled shall be under the
3 direction of the commission and the commission may promulgate
4 such rules and regulations for its use and protection as it
5 deems necessary or in the best interests of the Commonwealth.
6 (b) Penalty.--Any person violating rules and regulations
7 promulgated under subsection (a) commits a summary offense of
8 the second degree.
9 § 742. Use of property.
10 (a) General rule.--All or part of lands and waters to which
11 title has been acquired for the use of the commission or which
12 have been leased may be used to create and maintain Commonwealth
13 fish cultural stations, Commonwealth fish propagation areas or
14 public fishing grounds for fish propagation experiments or
15 special preserves as provided for in this title. The commission
16 may permit its employees to reside on those lands.
17 (b) Camping and boat mooring and storage.--No campsite lease
18 may be issued to any person but camping and boat mooring and
19 storage may be permitted on commission owned or controlled land
20 under such rules or regulations as the commission may establish.
21 (c) Permits, licenses and leases.--The commission may issue
22 permits and licenses and enter into leases for camping, boat
23 mooring and storage and any other use of its lands other than
24 fishing and boating and may charge such fees or rentals as it
25 deems reasonable.
26 (d) Gas storage.--The commission may grant rights for
27 underground storage of natural gas at such charge as it deems
28 reasonable.
29 § 743. Exchange or sale.
30 The commission may, by resolution adopted by unanimous vote
19790H1574B1884 - 32 -
1 at a meeting at which at least a majority of the members are
2 present and voting, authorize the exchange or sale of all or
3 part, including improvements and appurtenances, of any lands,
4 waters or buildings to which title has been acquired in return
5 for fair market value or privately-owned lands, waters or
6 buildings having an equal or greater value, when the commission
7 deems such exchange or sale to be in the best interests of the
8 Commonwealth. In addition, the commission may exchange timber
9 cut from lands to which the commission holds title for suitable
10 lands having an equal or greater value.
11 § 744. Disposition of timber and minerals.
12 The commission may dispose of, by lease, sale or otherwise,
13 timber, minerals, oil and gas, or rights therein, on or under
14 lands to which it has acquired title.
15 § 745. Rights-of-way, easements and licenses.
16 (a) General rule.--On and across lands to which title has
17 been acquired for its use the commission may, at such charge or
18 fee as the commission may establish, grant:
19 (1) Rights-of-way or licenses therefor for roads, for
20 pipe, electric and other utility lines and for telephone and
21 telegraph lines.
22 (2) Water rights or rights to maintain airway signals or
23 forest fire observation towers when these grants will not
24 adversely affect fish protection and propagation.
25 (b) Charges.--The commission may charge for these grants
26 such remuneration and damages as it deems the conditions and
27 circumstances warrant.
28 (c) Approval.-- The commission shall approve by majority
29 vote the granting, sale, lease or exchange of any easement,
30 permanent right-of-way or irrevocable license for use of
19790H1574B1884 - 33 -
1 commission property. The executive director may approve the
2 granting, sale, lease or exchange of a revocable license for use
3 of commission property.
4 § 746. Leases.
5 Notwithstanding any other provision of law, the executive
6 director, with the approval of the commission, may lease any
7 land or interests in land over which the commission exercises
8 title or control for a term not to exceed 25 years when the
9 commission determines that the lease will promote public fishing
10 or boating or access to the waters of this Commonwealth or will
11 otherwise further the interests of the commission.
12 § 747. Proceeds from sales and grants.
13 All net proceeds from the sale of lands, waters, timber, oil,
14 gas or other minerals, leases of commission lands, waters or
15 interests or rights from the production or sale of minerals and
16 from licenses or other rights, granted by the commission, shall
17 be deposited in the Fish Fund or, if moneys from the Boat Fund
18 were expended to acquire the lands, in the Boat Fund. If moneys
19 from both the Fish Fund and the Boat Fund were expended to
20 acquire the lands, then the proceeds shall be deposited in the
21 respective funds in proportion to the amount expended from each
22 fund for the acquisition of the lands.
23 CHAPTER 9
24 ENFORCEMENT
25 Subchapter
26 A. General Provisions
27 B. Prosecutions and Penalties
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 Sec.
19790H1574B1884 - 34 -
1 901. Powers and duties of waterways patrolmen and deputies.
2 902. Enforcement of other laws.
3 903. Delegation of enforcement powers.
4 904. Interference with officers.
5 905. Reciprocal enforcement on Delaware River.
6 § 901. Powers and duties of waterways patrolmen and deputies.
7 (a) Waterways patrolmen.--Every waterways patrolman shall
8 have the power and duty to:
9 (1) Enforce all laws of this Commonwealth relating to
10 fish and watercraft and arrest with or without warrant any
11 person violating this title.
12 (2) Execute all warrants and search warrants for
13 violations of this title.
14 (3) Serve subpoenas issued for the examination,
15 investigation and trial of all offenses under this title.
16 (4) Carry firearms or other weapons in the performance
17 of their duties.
18 (5) Stop vehicles or boats and search or inspect, where
19 probable cause exists that a violation of this title has
20 occurred, any boat, basket, conveyance, vehicle, fish-box,
21 bag, coat, boot or other receptacle, when enforcing this
22 title. The waterways patrolman shall display his badge or
23 other insignia of identification and shall state to the
24 person in charge of the vehicle, conveyance or otherwise the
25 purpose of the search.
26 (6) Seize and take possession of any and all fish which
27 may have been caught, taken or killed at any time, in any
28 manner or for any purpose, or had in possession or under
29 control, or have been shipped or about to be shipped contrary
30 to the laws of this Commonwealth and the fish so seized shall
19790H1574B1884 - 35 -
1 be disposed of in any manner as the executive director may
2 direct.
3 (7) Enter upon any land or water in the performance of
4 their duties.
5 (8) Demand and secure proper assistance in case of
6 emergency.
7 (9) Purchase fish for the purpose of securing evidence.
8 (10) Stop and board any boat subject to this title for
9 the purpose of inspection for compliance with Part III
10 (relating to boats and boating) and the rules and regulations
11 promulgated thereunder. Any boat lying at its regular mooring
12 or berth shall not be boarded without the consent of the
13 owner or a search warrant.
14 (11) When making an arrest or apprehension or when found
15 in the execution of a search warrant, seize all rods, reels,
16 nets or other fishing devices of any description, fishing or
17 boating paraphernalia, bait, boats or any unlawful device,
18 implement or appliance used in violation of this title.
19 (12) When acting within the scope of their employment,
20 to pursue, apprehend or arrest any individual suspected of
21 violating any provision of Title 18 (relating to crimes and
22 offenses) or any other offense classified as a misdemeanor or
23 felony. They shall also have the power to serve and execute
24 warrants issued by the proper authorities for offenses
25 referred to in this paragraph and to serve subpoenas issued
26 for examination. All powers as provided for in this paragraph
27 will be limited by such administrative procedure as the
28 executive director, with the approval of the commission,
29 shall prescribe.
30 (b) Deputy waterways patrolmen.--Except for the power
19790H1574B1884 - 36 -
1 conferred by subsection (a)(12), deputy waterways patrolmen may
2 exercise all the powers and perform all the duties conferred by
3 this section on waterways patrolmen.
4 § 902. Enforcement of other laws.
5 All waterways patrolmen and deputy waterways patrolmen are
6 authorized to enforce all the laws of this Commonwealth, and
7 rules and regulations promulgated thereunder, relating to game,
8 parks and forestry, under the direction of the Pennsylvania Game
9 Commission and of the Department of Environmental Resources,
10 respectively.
11 § 903. Delegation of enforcement powers.
12 Any person employed or elected by the Commonwealth or by any
13 municipality, whose duty it is to preserve the peace or to make
14 arrests or to enforce the laws of this Commonwealth, may be
15 designated and empowered by the executive director, with the
16 approval of the commission, to enforce the provisions of this
17 title.
18 § 904. Interference with officers.
19 Any person who by force, menace, threat or in any manner
20 resists inspection or arrest for violation of any of the
21 provisions of this title or refuses to go with a waterways
22 patrolman or deputy waterways patrolman after an arrest has been
23 made, or interferes with any officer of this Commonwealth in the
24 performance of his duty under the provisions of this title,
25 commits a summary offense of the first degree.
26 § 905. Reciprocal enforcement on Delaware River.
27 So long as the State of New York or the State of New Jersey,
28 as the case may be, has in effect a statutory provision
29 analogous to this section, any person who is authorized to
30 enforce this title or a reciprocating state may enforce this
19790H1574B1884 - 37 -
1 title on any part of the Delaware River between those states or
2 on the shores of that river.
3 SUBCHAPTER B
4 PROSECUTIONS AND PENALTIES
5 Sec.
6 921. Time for commencing prosecutions.
7 922. Possession prima facie evidence of violation.
8 923. Classification of offenses and penalties.
9 924. Costs for summary offenses.
10 925. Acknowledgement of guilt and receipts for payment.
11 926. Disposition of fines and penalties.
12 927. Forfeiture of fish and devices.
13 928. Revocation or denial of license, permit or registration.
14 929. Suspension of privileges pending payment of penalties.
15 930. Arrest of nonresident.
16 § 921. Time for commencing prosecutions.
17 Prosecutions for violating any provision of this title shall
18 be commenced within the period provided by Chapter 55 of Title
19 42 (relating to limitation of time).
20 § 922. Possession prima facie evidence of violation.
21 In all cases of violation of any provision of this title, the
22 possession of fish or the possession or operation of nets,
23 equipment or other devices prohibited under this title shall be
24 prima facie evidence of the violation.
25 § 923. Classification of offenses and penalties.
26 (a) General rule.--The following penalties shall be imposed
27 for violations of this title:
28 (1) For a summary offense of the first degree, a fine of
29 $100 or imprisonment not exceeding 90 days.
30 (2) For a summary offense of the second degree, a fine
19790H1574B1884 - 38 -
1 of $25 or imprisonment not exceeding 20 days.
2 (3) For a summary offense of the third degree, a fine of
3 $10.
4 (4) For a misdemeanor of the third degree, a fine of not
5 less than $250 nor more than $2,500, or imprisonment not
6 exceeding 90 days, or both.
7 (b) Additional fine.--In addition to the penalties in
8 subsection (a), a fine of $10 may be imposed for each fish
9 taken, caught, killed, possessed or sold in violation of this
10 title. In computing the number of fish taken, caught, killed,
11 possessed or sold, the number immediately returned unharmed to
12 the water where they were taken shall be omitted.
13 (c) Title 18 inapplicable.--Title 18 (relating to crimes and
14 offenses) is inapplicable to this title insofar as it relates to
15 fines and imprisonment for convictions of summary offenses and
16 misdemeanors.
17 § 924. Costs for summary offenses.
18 (a) General rule.--Except as provided in subsection (b), any
19 person convicted of a summary offense under this title shall, in
20 addition to the fine imposed, be sentenced to pay $10 as costs
21 of the issuing authority which costs shall include all charges
22 including, when called for, the costs of postage and registered
23 or certified mail and the costs of giving a transcript to the
24 prosecutor or defendant, or both, if requested.
25 (b) Conviction after hearing.--Where the person charged with
26 a summary offense under this title demands a hearing, the costs
27 of the issuing authority shall be $15, which costs shall include
28 all charges including the charges specified in subsection (a).
29 § 925. Acknowledgement of guilt and receipts for payment.
30 (a) General rule.--A person charged with violating any
19790H1574B1884 - 39 -
1 provision of this title which is a summary offense may sign,
2 within five days of the commission of the offense, an
3 acknowledgment of the offense committed and pay to any waterways
4 patrolman of the commission the penalty in full as fixed by this
5 title. The printed receipt for this payment shall only prove
6 full satisfaction of the monetary fine for the offense committed
7 and in no way shall limit the commission from further revoking
8 fishing privileges.
9 (b) Notice of right to hearing.--Before any person signs an
10 acknowledgment pursuant to this section, he will be advised of
11 his right to a hearing in a judicial proceeding. The printed
12 receipt shall have prominently printed thereon a statement that
13 the person charged has a right to a hearing and that if he
14 elects to sign the acknowledgment he is forfeiting that right.
15 (c) Stopping payment of check.--Any person who makes payment
16 to the commission by personal check for an acknowledgment
17 pursuant to this section and who stops payment on the check
18 commits a summary offense of the second degree. The official
19 receipt for payment of the penalty, issued by a waterways
20 patrolman, shall become void and the prosecution of the person
21 or persons named on the receipt shall be allowed to continue.
22 § 926. Disposition of fines and penalties.
23 (a) General rule.--Fines recovered in cases where the
24 prosecutor is a salaried officer of the commission shall be
25 immediately surrendered by the court receiving the fines to the
26 prosecutor who, within 30 days of receipt, shall forward the
27 fines and penalties to the executive director. Where any officer
28 of this Commonwealth other than a salaried officer is the
29 prosecutor, the fines and penalties shall, as soon as the case
30 is fully determined, be forwarded by the court to the executive
19790H1574B1884 - 40 -
1 director through the district waterways patrolman, together with
2 a statement of the cause for which the fines were collected. All
3 fines received by the executive director shall be paid monthly
4 into the State Treasury for the use of the Fish Fund or Boat
5 Fund, as appropriate.
6 (b) Penalty.--Any person failing to forward fines in
7 accordance with this section commits a summary offense of the
8 first degree.
9 § 927. Forfeiture of fish and devices.
10 (a) General rule.--A person convicted of an offense under
11 this title shall forfeit any fish seized under section 901(6)
12 (relating to powers and duties of waterways patrolmen and
13 deputies) and any device confiscated under this title.
14 (b) Disposition of confiscated property.--Any property
15 confiscated by the commission under this title shall be sold or
16 otherwise disposed of by the executive director. These
17 dispositions shall be recorded on the books of the commission.
18 § 928. Revocation or denial of license, permit or registration.
19 (a) General rule.--Any fishing license, special license or
20 permit or boat registration granted under the authority of this
21 title may be revoked by the commission, in its discretion, when
22 the holder of the license, permit or registration is convicted
23 of an offense under this title. Further, the commission, in its
24 discretion, may refuse to grant to that person any new fishing
25 license, special license or permit or boat registration for a
26 period not exceeding two years.
27 (b) Rules and regulations.--The commission may promulgate
28 regulations specifying the procedures to be followed in revoking
29 fishing licenses, special licenses and permits and boat
30 registrations under this section.
19790H1574B1884 - 41 -
1 § 929. Suspension of privileges pending payment of penalties.
2 All fishing privileges shall automatically be suspended until
3 such time as all assessed penalties are paid in full.
4 § 930. Arrest of nonresident.
5 (a) General rule.--Upon the arrest, apprehension or citation
6 of a nonresident of this Commonwealth for any violation of this
7 title that is a summary offense, the waterways patrolman or
8 deputy waterways patrolman shall, unless the defendant elects to
9 acknowledge guilt in accordance with section 925 (relating to
10 acknowledgement of guilt and receipts for payment), escort the
11 defendant to the appropriate issuing authority for a hearing,
12 posting of bond or payment of the applicable fine and costs,
13 unless the defendant chooses to place the amount of the
14 applicable fine and costs in a stamped envelope addressed to the
15 appropriate issuing authority and mails the envelope in the
16 presence of the waterways patrolman or deputy waterways
17 patrolman.
18 (b) Procedure upon payment by mail.--If the defendant mails
19 the amount of fine and costs prescribed in subsection (a), he
20 shall indicate on an accompanying form whether the payment
21 constitutes a bond for a hearing based on a plea of not guilty
22 or a fine based upon a plea of guilty in lieu of acknowledging
23 guilt under section 925. If the plea is not guilty, the
24 waterways patrolman or deputy waterways patrolman shall notify
25 the issuing authority by telephone and the issuing authority
26 shall schedule a hearing for the following day (excluding
27 Saturdays, Sundays or legal holidays), unless the defendant
28 requests a continuance, in which case a hearing shall be
29 scheduled to accommodate the defendant, the waterways patrolman
30 or deputy waterways patrolman and the issuing authority.
19790H1574B1884 - 42 -
1 (c) Form of payment.--The amount of fine and costs may be
2 paid in cash, personal or other check, credit card or guaranteed
3 arrest bond, except that the Court Administrator of Pennsylvania
4 may enlarge or restrict the type of payment which may be made by
5 mail.
6 (d) Receipt for payment.--The waterways patrolman or deputy
7 waterways patrolman shall give the defendant a receipt for
8 payment, a copy of which shall be mailed with the payment and a
9 copy retained by the officer.
10 PART II
11 FISH AND FISHING
12 Chapter
13 21. General Provisions
14 23. Fish Restoration and Management
15 25. Protection of Property and Waters
16 27. Fishing Licenses
17 29. Special Licenses and Permits
18 31. Regulated Fishing Lakes
19 33. Propagation and Sale of Fish
20 35. Dams, Bar Racks and Migration Devices
21 CHAPTER 21
22 GENERAL PROVISIONS
23 Sec.
24 2101. Administration of part.
25 2102. Rules and regulations.
26 2103. Stocked waters open for fishing.
27 2104. Sunday fishing from private land.
28 2105. Farm fish ponds.
29 2106. Fishing in hatchery and nursery waters.
30 § 2101. Administration of part.
19790H1574B1884 - 43 -
1 The commission shall administer and enforce this part and
2 other laws of this Commonwealth relating to:
3 (1) The encouragement, promotion and development of the
4 fishery interests.
5 (2) The protection, propagation and distribution of
6 fish.
7 § 2102. Rules and regulations.
8 (a) General rule.--The commission may promulgate such
9 general and special rules and regulations as it deems necessary
10 and appropriate concerning fish and fishing in the waters of,
11 and elsewhere in, this Commonwealth, including regulations
12 concerning the protection, preservation and management of fish
13 and fish habitat, permitting and prohibiting fishing, the ways,
14 manner, methods and means of fishing, and the health and safety
15 of persons who fish or may be in the vicinity of such persons
16 on, in or along the waters of, or elsewhere in, this
17 Commonwealth. Unless specifically provided otherwise by this
18 title, any person violating a rule or regulation relating to
19 fish or fishing commits a summary offense of the second degree.
20 (b) Seasons, sizes, creel limits and devices.--The rules and
21 regulations may establish seasons, sizes, and possession limits
22 for fish and fishing, regulate the possession of certain
23 species, the number and types of devices and tackle allowed, the
24 identification of such devices and the use and possession of
25 such devices. Any person who violates a rule or regulation
26 promulgated under this subsection commits a summary offense of
27 the second degree.
28 (c) Transportation and sale of fish.--Rules and regulations
29 may also be promulgated concerning the transportation or
30 introduction of, or importation into or within this Commonwealth
19790H1574B1884 - 44 -
1 or exporting of fish, the selling, offering for sale or purchase
2 of fish or the disturbing of fish in their natural habitat.
3 Unless specifically provided otherwise by this title, any person
4 violating any rule or regulation promulgated under this
5 subsection commits a summary offense of the second degree.
6 (d) Traps, seines, nets and other devices.--Rules and
7 regulations may also be promulgated stipulating the size of
8 traps, seines, nets and other devices, along with the minimum
9 and maximum size of the mesh of the devices, the manner and
10 location wherein the devices may be used, the species they may
11 be used for, and the season when the devices may be used. Any
12 person violating any rule or regulation promulgated under this
13 subsection commits a summary offense of the first degree.
14 § 2103. Stocked waters open for fishing.
15 (a) General rule.--Any water area in this Commonwealth
16 stocked with fish furnished by the commission shall be open to
17 the public for the purpose of free lawful fishing.
18 (b) Liability for property damage.--This section does not
19 exempt any person trespassing on the lands of any person in this
20 Commonwealth from liability for any damage he may do to those
21 lands or to any improvements, crops, livestock or poultry
22 thereon.
23 § 2104. Sunday fishing from private land.
24 (a) General rule.--No person shall fish on any Sunday from
25 privately owned land without the express or implied consent of
26 the owner or lessee of the land abutting on a stream or body of
27 water and of the bed thereunder. The consent shall be implied
28 unless the landowner takes any reasonable action to negate his
29 consent to Sunday fishing.
30 (b) Penalty.--Any person who violates this section commits a
19790H1574B1884 - 45 -
1 summary offense of the second degree.
2 § 2105. Farm fish ponds.
3 (a) Exemption from regulation.--The restrictions on fishing
4 imposed by this part do not apply to a resident owner or lessee
5 of a farm, his family and other persons who are regularly
6 employed upon the farm, all of the class which must permanently
7 reside upon the farm, while fishing in an artificial pond
8 constructed thereon holding water the source of which is wholly
9 within the limits of the farm.
10 (b) Transporting fish from premises.--Any person may
11 lawfully possess and transport any fish lawfully taken from a
12 farm pond from the premises during the closed season for such
13 fish when accompanied by a signed written statement from the
14 owner or lessee of the farm showing:
15 (1) The date, place and by whom the fish were taken.
16 (2) The number and species of fish.
17 (3) The name and address of the person transporting the
18 fish.
19 (4) The date they are being transported.
20 (c) Other prohibitions unaffected.--Nothing in this section
21 shall authorize any person to transport, introduce or import any
22 fish, bait fish or fish bait, the transportation, introduction
23 or importation of which is prohibited by law, rule or
24 regulation.
25 (d) Penalty.--Any person violating any of the provisions of
26 this section commits a summary offense of the second degree.
27 § 2106. Fishing in hatchery or nursery waters.
28 (a) General rule.--No person shall fish, or trespass with
29 intent to fish, in any hatchery waters or waters designated by
30 the commission as nursery waters, upon the bed or bank of any
19790H1574B1884 - 46 -
1 such waters or upon any hatchery lands controlled, owned or
2 occupied by the commission, Federal Government or cooperative
3 nursery approved by the commission.
4 (b) Penalty.--Any person violating the provisions of this
5 section commits a summary offense of the first degree.
6 CHAPTER 23
7 FISH RESTORATION AND MANAGEMENT
8 Sec.
9 2301. Propagation and distribution of fish.
10 2302. Cooperative fish restoration projects.
11 2303. Federal cultural stations.
12 2304. Fish migration studies.
13 2305. Threatened and endangered species.
14 2306. Refuge areas.
15 2307. Waters limited to specific purposes.
16 § 2301. Propagation and distribution of fish.
17 (a) Determination of policy.--The commission shall determine
18 policy pertaining to the propagation and distribution or
19 planting of the fish produced at the Commonwealth fish
20 hatcheries or otherwise acquired.
21 (b) False representation to procure fish.--Any person who by
22 false representation receives fish from the commission or plants
23 or induces the commission to stock fish in waters where the
24 public is not allowed to fish without charge commits a summary
25 offense of the first degree, shall be civilly liable to the
26 commission for the value of the fish falsely procured and shall
27 not be eligible in the future to receive fish from the
28 commission.
29 § 2302. Cooperative fish restoration projects.
30 The Commonwealth assents to the provisions of the Act of
19790H1574B1884 - 47 -
1 Congress, entitled "An Act To Provide That The United States
2 Shall Aid the States in Fish Restoration And Management Projects
3 And For Other Purposes," approved August 9, 1950 (16 U.S.C. §
4 777 et seq.), and the commission shall perform such acts as may
5 be necessary to the conduct and establishment of cooperative
6 fish restoration projects as defined in this Act of Congress, in
7 compliance with that act and rules and regulations promulgated
8 thereunder.
9 § 2303. Federal cultural stations.
10 The Commonwealth consents and accords to the Federal
11 Government and its agents the right to establish fish cultural
12 stations in this Commonwealth and to conduct fish hatching and
13 fish culture at the hatcheries in any manner and at any time the
14 Federal Government deems necessary and proper.
15 § 2304. Fish migration studies.
16 (a) General rule.--The commission may make comprehensive
17 studies of the migratory habits of fish which include the
18 stocking and tagging of shad below and above the Safe Harbor
19 Dam, the Holtwood Dam and the Conowingo Dam.
20 (b) Assistance from government agencies.--The commission may
21 cooperate with the Joint State Government Commission and invite
22 and accept from the Federal Government cooperation and financial
23 aid in connection with studies authorized in subsection (a).
24 § 2305. Threatened and endangered species.
25 (a) Establishment and publication of lists.--The executive
26 director shall establish a Pennsylvania Threatened Species List
27 and a Pennsylvania Endangered Species List. The lists, and any
28 revisions thereto, shall be published in the Pennsylvania
29 Bulletin.
30 (b) Rules, regulations and permits.--The commission may
19790H1574B1884 - 48 -
1 promulgate rules and regulations governing the catching, taking,
2 killing, importation, introduction, transportation, removal,
3 possession, selling, offering for sale or purchasing of
4 threatened and endangered species and, if deemed advisable, may
5 issue permits for catching, taking or possessing any of those
6 species.
7 (c) Penalty.--Any person violating any rule or regulation
8 promulgated under this section commits a misdemeanor of the
9 third degree. Each fish caught, taken, killed, imported,
10 transported, removed, introduced, possessed, sold, offered for
11 sale or purchased in violation of any rule or regulation
12 promulgated under this section shall constitute a separate
13 offense. Catching a threatened or endangered species shall not
14 constitute a violation if it is immediately released where it
15 was captured in the condition in which it was captured.
16 § 2306. Refuge areas.
17 (a) General rule.--The commission may set aside, in its
18 discretion, such areas as it may judge best as refuge areas in
19 which fishing or entry shall be prohibited for such periods of
20 time as the commission prescribes. Notices of these closings
21 shall be posted at the refuge areas.
22 (b) Penalty.--Any person fishing in a refuge area posted
23 under subsection (a) commits a summary offense of the first
24 degree. Any person entering a refuge area commits a summary
25 offense of the second degree.
26 § 2307. Waters limited to specific purposes.
27 (a) General rule.--The commission may designate certain
28 water areas for specific purposes and promulgate such rules and
29 regulations as are deemed necessary to protect and manage the
30 fishery therein.
19790H1574B1884 - 49 -
1 (b) Penalty.--Any person violating any rule and regulation
2 promulgated under subsection (a) commits a summary offense of
3 the second degree.
4 CHAPTER 25
5 PROTECTION OF PROPERTY AND WATERS
6 Sec.
7 2501. Misuse of property and waters.
8 2502. Disturbance of waterways and watersheds.
9 2503. Littering.
10 2504. Pollution of waters.
11 2505. Interference or damage to hatchery or nursery property.
12 2506. Commonwealth actions for damage to fish.
13 § 2501. Misuse of property and waters.
14 (a) General rule.--It is unlawful for any person to commit
15 any of the following acts in or along any waters or lands
16 adjacent to or contiguous to waters within or bordering on this
17 Commonwealth:
18 (1) Park or leave standing any motor vehicle or other
19 means of conveyance in such a manner as to obstruct the owner
20 or his lessee ingress, egress or regress to his property or
21 cattleways without the permission of the owner or lessee of
22 the land.
23 (2) Drive a motor vehicle or other type of conveyance on
24 or over any cleared or cultivated lands without the
25 permission of the owner or lessee of the land.
26 (3) Start, build, tend or abandon any open fire without
27 the permission of the owner or lessee of the land.
28 (4) Dig, cut or disturb in any manner lands, shrubs,
29 trees or other vegetation without the permission of the owner
30 or lessee of the land.
19790H1574B1884 - 50 -
1 (5) Sever fences or cause any other change to private
2 property.
3 (6) Run any vehicle, except fording in the most direct
4 manner, in any stream.
5 (b) Penalty.--Any person violating any of the provisions of
6 this section commits a summary offense of the second degree and,
7 in addition, may have his fishing license revoked for a period
8 of one year.
9 § 2502. Disturbance of waterways and watersheds.
10 (a) General rule.--No person shall alter or disturb any
11 stream, stream bed, fish habitat, water or watershed in any
12 manner that might cause damage to, or loss of, fish without the
13 necessary permits.
14 (b) Penalty.--Any person violating the provisions of this
15 section commits a misdemeanor of the third degree.
16 § 2503. Littering.
17 (a) General rule.--It is unlawful for any person to throw,
18 discard, leave, emit, deposit or allow the depositing of any
19 garbage, bottles, cans, rubbish, wire, glass, paper, cardboard
20 or wooden boxes or cartons or any other type of debris, trash or
21 other thing or substance in or along any waters or on any lands
22 adjacent or contiguous to waters or in such manner that the
23 thing or substance deposited flows into or is carried by wind
24 into such waters or lands.
25 (b) Evidence.--In prosecutions for violations of this
26 section the operator of a motor vehicle or watercraft shall be
27 deemed to have allowed the depositing of any thing or substance
28 thrown, discarded, emitted or deposited from such motor vehicle
29 or watercraft.
30 (c) Penalty.--Any person who deposits or otherwise disposes
19790H1574B1884 - 51 -
1 of a thing or substance in violation of this section which
2 causes or may cause damage to, or destruction of, fish commits a
3 summary offense of the first degree. Any person who otherwise
4 violates this section commits a summary offense of the second
5 degree.
6 § 2504. Pollution of waters.
7 (a) General rule.--No person, regardless of intent, shall:
8 (1) Put or place in any waters within or on the
9 boundaries of this Commonwealth any electricity, explosives
10 or any poisonous substances except that, for the purposes of
11 research and fish management, agents of or persons authorized
12 by the executive director may use any method or means to
13 collect, eradicate or control fish.
14 (2) Allow any substance, deleterious, destructive or
15 poisonous to fish, to be turned into or allowed to run, flow,
16 wash or be emptied into any waters within or bordering on
17 this Commonwealth.
18 (b) Evidence.--In criminal prosecutions under this section
19 for water pollution known to be injurious to fish, it is not
20 necessary to prove that the violation has actually caused the
21 death of, or damage to, any particular fish.
22 (c) Construction of section.--This section does not repeal
23 or supersede any of the provisions of the act of June 22, 1937
24 (P.L.1987, No.394), known as "The Clean Streams Law."
25 (d) Penalty.--Any person violating the provisions of this
26 section commits a misdemeanor of the third degree.
27 § 2505. Interference or damage to hatchery or nursery property.
28 (a) General rule.--No person shall destroy or tamper with
29 any ponds, property or appliances whatsoever of the commission,
30 Federal Government or cooperative nursery approved by the
19790H1574B1884 - 52 -
1 commission, nor interfere with, obstruct, pollute or affect the
2 natural flow of water into or through any of these facilities.
3 (b) Penalty.--Any person violating the provisions of this
4 section commits a misdemeanor of the third degree.
5 § 2506. Commonwealth actions for damage to fish.
6 (a) Declaration of policy.--The Commonwealth has sufficient
7 interest in fish living in a free state to give it standing,
8 through its authorized agencies, to recover damages in a civil
9 action against any person who kills any fish or who injures any
10 streams or stream beds by pollution or littering. The
11 proprietary ownership, jurisdiction and control of fish, living
12 free in nature, are vested in this Commonwealth by virtue of the
13 continued expenditure of its funds and its efforts to protect,
14 perpetuate, propagate and maintain the fish population as a
15 renewable natural resource of this Commonwealth.
16 (b) General rule.--The commission, as an agency of the
17 Commonwealth authorized to regulate, control, manage and
18 perpetuate fish may, in addition to criminal penalties provided
19 in this title, bring civil suits in trespass on behalf of the
20 Commonwealth for the value of any fish killed or any stream or
21 stream bed destroyed or injured in violation of this chapter. In
22 determining the value of fish killed, the commission may
23 consider all factors that give value to such fish. These factors
24 may include, but need not be limited to, the commercial resale
25 value, the replacement costs or the recreational value of
26 angling for the fish killed. In addition, the commission is
27 entitled to recover the costs of gathering the evidence,
28 including expert testimony, in any civil suit brought under this
29 section where the defendant is found otherwise liable for
30 damages.
19790H1574B1884 - 53 -
1 CHAPTER 27
2 FISHING LICENSES
3 Sec.
4 2701. Resident fishing licenses.
5 2702. Nonresident and tourist licenses.
6 2703. Possession and display of licenses.
7 2704. Lost fishing licenses.
8 2705. Improper license use and false application.
9 2706. Complimentary licenses.
10 2707. Disabled veterans.
11 2708. Institutional licenses.
12 2709. Exemptions from license requirements.
13 2710. Form and expiration of licenses.
14 2711. Issuing agents.
15 2712. License requirements on boundary waters.
16 2713. Appropriations for licenses issued without a fee.
17 § 2701. Resident fishing licenses.
18 (a) General rule.--For the purposes of this chapter any
19 person 16 years of age or older is entitled to a "Resident
20 Fishing License" if:
21 (1) He has applied to an issuing agent within this
22 Commonwealth or to the commission.
23 (2) He has established his identity, age and the fact
24 that he is a bona fide resident of this Commonwealth to the
25 satisfaction of the issuing agent or the commission by
26 producing a motor vehicle driver's license or some other
27 positive means of identification.
28 (3) He has paid the issuing agent or the commission a
29 license fee of $9 plus a service fee of 25¢ to the issuing
30 agent.
19790H1574B1884 - 54 -
1 (b) Senior citizens.--A person 65 years of age or older at
2 the time of application who complies with subsection (a)(1) and
3 (2) is entitled to a "Senior Resident Fishing License" if he
4 pays a license fee of $2 to the issuing agent or the commission
5 plus a service fee of 25¢ to the issuing agent. The application
6 shall give the date of birth of the applicant. Any person who
7 qualifies to purchase a Senior Resident Fishing License may, in
8 lieu thereof, purchase a Senior Resident Fishing License which
9 shall be valid for his lifetime upon the payment of a fee of $10
10 for the use of the Commonwealth and, in the event the license is
11 issued by an issuing agent, a fee of 25¢ for the use of the
12 issuing agent.
13 § 2702. Nonresident and tourist licenses.
14 (a) Nonresident licenses.--For the purposes of this chapter
15 any person 16 years of age or older is entitled to a
16 "Nonresident Fishing License" if:
17 (1) He is not a bona fide resident of this Commonwealth.
18 (2) He has applied to an issuing agent or to the
19 commission.
20 (3) He has paid the issuing agent or the commission a
21 license fee of $14 plus a service fee of 25¢ to the issuing
22 agent.
23 (b) Tourist licenses.--For the purposes of this chapter any
24 person 16 years of age or older is entitled to a "Seven Day
25 Tourist Fishing License," valid for a period of seven
26 consecutive days, if:
27 (1) He is not a bona fide resident of this Commonwealth.
28 (2) He has applied to an issuing agent or to the
29 commission.
30 (3) He has paid the issuing agent or the commission a
19790H1574B1884 - 55 -
1 license fee of $9 plus a service charge of 25¢ to the issuing
2 agent.
3 § 2703. Possession and display of licenses.
4 (a) General rule.--No person shall fish in any of the waters
5 of this Commonwealth or in any boundary waters without first
6 procuring the proper license required by this chapter. The
7 license shall be kept about the person while fishing and shown
8 upon the request of any waterways patrolman or other officer
9 designated by the commission. In addition to showing the license
10 to the officer, the holder thereof shall, upon demand, establish
11 his further identity to the satisfaction of the officer by
12 producing some other positive means of identification. The
13 commission may promulgate rules and regulations for the
14 displaying of the license certificate, license button or other
15 device, as it deems necessary.
16 (b) Penalties.--
17 (1) Except as provided in paragraph (2), any person who
18 violates this section commits a summary offense of the second
19 degree.
20 (2) Any person who violates any regulation concerning
21 the displaying of the license certificate, button or other
22 device promulgated under this section commits a summary
23 offense of the third degree.
24 § 2704. Lost fishing licenses.
25 In case a license certificate is lost or destroyed, a new
26 license may be secured from the commission or any issuing agent
27 upon making affidavit to that effect and paying a fee of $1 plus
28 a service fee of 25¢ to the issuing agent.
29 § 2705. Improper license use and false application.
30 (a) General rule.--No person shall alter, borrow, lend or
19790H1574B1884 - 56 -
1 transfer any license authorized by this title, or give any false
2 or misleading information to an issuing agent or to the
3 commission, its officers or agents in an application for a
4 license.
5 (b) Penalty.--Any person who violates this section commits a
6 summary offense of the second degree.
7 § 2706. Complimentary licenses.
8 The commission may issue annually not more than 100 fishing
9 licenses without fee and in such form as the commission may
10 determine. Licenses may be granted to any of the following
11 persons:
12 (1) The President and Vice President of the United
13 States.
14 (2) The governor of any state.
15 (3) Authorized representatives of the conservation
16 department of other states.
17 (4) Federal officials engaged in conservation work.
18 (5) Authorized officials of national conservation
19 organizations.
20 (6) Conservation officials of any foreign country or
21 major subdivision thereof.
22 § 2707. Disabled veterans.
23 Any disabled veteran who has a disability incurred in any war
24 or armed conflict which consists of the loss of one or more
25 limbs, or the loss of use of one or more limbs, or total
26 blindness, or who is 100% disabled as certified by the United
27 States Veterans' Administration, and who meets the
28 qualifications of section 2701 (relating to resident fishing
29 licenses), shall be issued a free resident fishing license upon
30 application to the commission or a county treasurer or, in
19790H1574B1884 - 57 -
1 counties where there is no county treasurer by virtue of a home
2 rule charter or optional plan of government, the county official
3 who performs the functions of a county treasurer and who has
4 been designated as an issuing agent by the commission. An
5 application under this section shall, in addition to any
6 information required under section 2701, contain a statement
7 that the applicant is a war or armed conflict veteran and that
8 his disability was service incurred. The issuing agent or the
9 commission may require the production of the discharge papers of
10 the applicant.
11 § 2708. Institutional licenses.
12 Any resident of this Commonwealth who is a resident patient
13 in a Commonwealth owned and supported institution for mental
14 disability, geriatric center, tubercular hospital or county home
15 or hospital, or who is a juvenile of a State youth development
16 center or forestry camp, and who may benefit from recreational
17 fishing during the course of treatment, rehabilitation or
18 hospitalization may be issued a resident fishing license without
19 paying a license fee. Licenses authorized by this section may be
20 issued by the superintendent or chief medical officer of the
21 institution who shall sign an affidavit certifying that
22 recreational fishing may be of benefit to the rehabilitation of
23 the patient and that the patient is an inpatient of the
24 institution. The affidavits, and records of the number and to
25 whom the licenses were issued, shall be forwarded to the
26 commission on such forms as the commission shall provide. The
27 commission may revoke license issuing privileges of any
28 institution for failure to comply with any provisions of this
29 chapter or regulations promulgated thereunder.
30 § 2709. Exemptions from license requirements.
19790H1574B1884 - 58 -
1 (a) Licensed propagators.--No person now required by law to
2 procure a license to propagate fish for sale shall be required,
3 in addition, to secure a fishing license under this chapter in
4 order to enable that person to exercise the rights conferred by
5 the license.
6 (b) Blind and handicapped persons.--The provisions of this
7 chapter do not apply to those persons who are totally blind or
8 so severely handicapped that they are unable to cast or retrieve
9 a line or bait hooks and remove fish if only one legal device is
10 used and the blind or handicapped person is within ten feet of
11 the device being used. The provisions of this chapter also do
12 not apply to the attendant of the blind or handicapped person
13 while assisting the blind or handicapped in using the device.
14 (c) Landowners.--The provisions of this chapter do not apply
15 to or prevent the owner of any land in this Commonwealth, who
16 actually resides thereon throughout the year or the members of
17 his family so residing thereon, from fishing on his lands in
18 waters wholly within said land without a license. The exemption
19 provided by this subsection does not apply to any person
20 temporarily residing upon the land or any tenant thereon who is
21 not a member of the family of the owner, nor does the exemption
22 apply to any servant or employee of the owner.
23 § 2710. Form and expiration of licenses.
24 All licenses shall be issued on forms prepared and supplied
25 by the commission and paid for from the Fish Fund. The license
26 shall show the name, age and residence of the licensee and the
27 date of issue. It shall also contain the signature of the
28 licensee, written in ink, and shall authorize the licensee to
29 fish in any waters of this Commonwealth or in any boundary
30 waters subject to the restrictions and requirements of this
19790H1574B1884 - 59 -
1 title and the rules and regulations promulgated thereunder. The
2 license may contain such other information as the commission may
3 require. A license shall expire on December 31 of the year in
4 which it is issued. There may be issued with each license a
5 license button or other device bearing the license number.
6 § 2711. Issuing agents.
7 (a) Appointment and bond.--The commission may appoint such
8 persons as it deems necessary to issue fishing licenses and the
9 persons so appointed shall be required to post a bond with the
10 commission in an amount it determines.
11 (b) Compensation and fees.--For services rendered in
12 collecting and paying over license fees, issuing agents, as long
13 as they continue to act in that capacity, may collect and retain
14 the sum of 25¢ for each fishing license sold which amount shall
15 be full compensation for services rendered by them under the
16 provisions of this title. The compensation shall be retained by
17 the respective issuing agents and shall cover, among other
18 things, the cost of issuing licenses, postage, mailing, returns
19 and bonding of said agents. All license fees paid to an issuing
20 agent under this title shall be paid by those agents into the
21 State Treasury through the commission at least once a month and
22 they shall be applied to the purposes provided for in this
23 title. An issuing agent shall make a return to the commission
24 upon a form to be supplied by the commission. Any issuing agent
25 failing to comply with any of the provisions of this section
26 shall not be entitled to retain the fee fixed in this subsection
27 for his services but shall pay those fees to the State
28 Treasurer. If those sums are not so paid, the Commonwealth may
29 recover them by suit in the same manner as like amounts are now
30 recoverable by law.
19790H1574B1884 - 60 -
1 (c) Rules and regulations.--The commission may promulgate
2 such rules and regulations to control and supervise the issuance
3 of fishing licenses by issuing agents and institutional
4 superintendents as it may deem necessary.
5 (d) Proof of identification and age.--Each issuing agent
6 shall secure positive proof of identification and age for each
7 license issued.
8 (e) Records.--Every issuing agent shall keep on a printed
9 form supplied by the commission a correct and complete record of
10 all fishing licenses issued. The records shall be available at
11 reasonable hours for inspection by any waterways patrolman or
12 other officer designated by the commission or any representative
13 of the Department of the Auditor General. Every issuing agent
14 shall each month forward to the commission a complete record of
15 all licenses granted on forms to be furnished by the commission.
16 (f) Penalty.--Any issuing agent or institutional
17 superintendent violating any provision of this section or the
18 rules or regulations promulgated thereunder commits a summary
19 offense of the second degree and, in addition, may have his
20 agency recalled in the discretion of the commission.
21 § 2712. License requirements on boundary waters.
22 (a) New York.--The provisions of this chapter do not apply
23 to a person holding a fishing license issued under the laws of
24 the State of New York when fishing in that portion of the waters
25 of the Delaware River lying between New York and Pennsylvania
26 within the jurisdiction of this Commonwealth if a person holding
27 a license issued under the provisions of this title when fishing
28 in the waters of the Delaware River lying between New York and
29 Pennsylvania within the jurisdiction of the State of New York is
30 not required to have a New York license.
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1 (b) New Jersey.--The provisions of this chapter do not apply
2 to a person holding a fishing license issued under the laws of
3 the State of New Jersey when fishing in that portion of the
4 waters of the Delaware River lying between New Jersey and
5 Pennsylvania within the jurisdiction of this Commonwealth if a
6 person holding a license issued under the provisions of this
7 title when fishing in the waters of the Delaware River lying
8 between New Jersey and Pennsylvania within the jurisdiction of
9 the State of New Jersey is not required to have a New Jersey
10 license.
11 (c) Ohio.--The provisions of this chapter do not apply to a
12 person holding a fishing license issued under the laws of the
13 State of Ohio when fishing in the waters of the Pymatuning Lake
14 lying between Ohio and Pennsylvania within the jurisdiction of
15 this Commonwealth if a person holding a license issued under the
16 provisions of this title when fishing in the waters of
17 Pymatuning Lake lying between Ohio and Pennsylvania within the
18 jurisdiction of the State of Ohio is not required to have an
19 Ohio license.
20 (d) Maryland.--The provisions of this chapter do not apply
21 to a person holding a fishing license issued under the laws of
22 the State of Maryland when fishing in the waters of the
23 Youghiogheny and Conowingo Reservoirs lying between Maryland and
24 Pennsylvania within the jurisdiction of this Commonwealth if a
25 person holding a license issued under the provisions of this
26 title when fishing in the waters of the Youghiogheny and
27 Conowingo Reservoirs lying between Maryland and Pennsylvania
28 within the jurisdiction of the State of Maryland is not required
29 to have a Maryland license.
30 § 2713. Appropriations for licenses issued without a fee.
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1 All fishing licenses issued without payment of a license fee
2 as provided in this chapter shall be recorded by the commission.
3 The commission annually shall certify to the General Assembly
4 the amount of revenue due from those license fees and the
5 General Assembly shall cause that amount annually to be
6 appropriated and credited to the Fish Fund.
7 CHAPTER 29
8 SPECIAL LICENSES AND PERMITS
9 Sec.
10 2901. Eel chute licenses.
11 2902. Net permits.
12 2903. Boat and net licenses for boundary lakes.
13 2904. Permits for protection and management of particular fish.
14 2905. Permits for fish collecting activities.
15 2906. Permits for use of explosives.
16 2907. Expiration of licenses and permits.
17 2908. Penalties.
18 § 2901. Eel chute licenses.
19 Upon application by any person to the commission for a
20 special license to catch eel by the use and operation of eel
21 chutes and the payment of a fee of $25, the applicant shall be
22 entitled to a special eel chute license which shall give him the
23 right to use and operate an eel chute:
24 (1) In the Susquehanna River below the boundary line of
25 the City of Pittston and Duryea Borough line on the north
26 branch and below the bridge at the Northumberland-Lycoming
27 County line on the west branch.
28 (2) Below Mount Union in the Juniata River.
29 (3) In the Delaware River.
30 § 2902. Net permits.
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1 The commission may issue permits to make, sell or possess
2 nets larger than four feet square or four feet in diameter, or
3 any other seine, trawl or gill net. The permits when issued
4 shall specify when and where the nets shall be used by the owner
5 or the persons in possession thereof at a fee of $10.
6 § 2903. Boat and net licenses for boundary lakes.
7 (a) Application of section.--The provisions of this section
8 shall apply only to those boundary lakes of this Commonwealth
9 and their bays and peninsular waters as the commission may
10 determine.
11 (b) Issuance and fees.--The commission may issue a
12 commercial fishing license to a person who has signed and
13 submitted his application and paid a fee as follows:
14 (1) Boats less than 26 feet in length used in fishing
15 with gill nets: residents $150; nonresidents, $300.
16 (2) Boats 26 feet or more but less than 40 feet in
17 length used in fishing with gill nets: residents, $250;
18 nonresidents, $500.
19 (3) Boats 40 feet or more but less than 60 feet in
20 length used in fishing with gill nets: residents, $400;
21 nonresidents, $800.
22 (4) Boats 60 feet or more in length used in fishing with
23 gill nets: residents, $600; nonresidents, $1,200.
24 (5) Boats less than 60 feet in length used in fishing
25 with a trawl net: residents, $200; nonresidents, $400.
26 (6) Trap nets: residents, $80; nonresidents, $160.
27 (7) Seines: residents, $50; nonresidents, $100.
28 (8) Outlines: residents, $10; plus valid fishing
29 license; nonresidents, $20 plus valid fishing license.
30 (c) Carrying and display.--The licenses shall be carried by
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1 the operator of any boat, net or device so licensed and by each
2 person employed on the boat and shall be shown on demand to any
3 waterways patrolman or other authorized representative of the
4 commission.
5 (d) Condition of license.--No license shall be issued under
6 this section except upon the condition that the operator of any
7 boat so licensed shall permit a person, designated by the
8 executive director, to accompany the boat at any time when it is
9 engaged in fishing, for the purpose of securing for the use of
10 the commission from the fish caught as much of their spawn as
11 the commission may determine. A person who refuses to permit a
12 person so designated by the executive director to accompany the
13 boat to secure such spawn as he may deem necessary commits a
14 summary offense of the first degree.
15 (e) Rules and regulations.--The commission may promulgate
16 rules and regulations applicable to boundary lakes as may be
17 appropriate for the protection and management of the fisheries
18 in the lakes, the ways, methods and means of fishing and the
19 health and safety of persons and property. The regulations may
20 prohibit fishing for all or some species of fish in boundary
21 lakes and may limit the number or types of licenses and permits
22 issued for fishing in the lakes.
23 (f) Limitation on nonresident licenses.--No nonresident boat
24 or net license may be issued under this section to any resident
25 of a state or country the laws or regulations of which prohibit,
26 or have the effect of prohibiting, the issuance of a like
27 license to a resident of this Commonwealth.
28 (g) Pound nets prohibited.--The use of pound nets for
29 fishing on boundary lakes is prohibited.
30 § 2904. Permits for protection and management of particular
19790H1574B1884 - 65 -
1 fish.
2 The executive director, with the approval of the commission,
3 may require permits for the taking, catching, killing,
4 possession, introduction, removal, importing, transporting,
5 exporting or disturbing of fish when it is determined that the
6 permits may be needed to insure proper protection and management
7 of any species of fish. The commission may establish fees for
8 the issuance of permits and may promulgate rules and regulations
9 concerning the issuance and provisions of the permits. Permits
10 issued under this section may be revoked at any time at the
11 discretion of the commission.
12 § 2905. Permits for fish collecting activities.
13 The executive director, with the approval of the commission,
14 may grant permits to catch fish in any of the waters within or
15 bordering on this Commonwealth at any season of the year and
16 with any kind of nets or other devices without regard to size or
17 possession limits to a person who possesses a valid Pennsylvania
18 fishing license and is engaged in scientific or educational
19 research or other collecting activities approved by the
20 commission. The commission may establish a fee for the issuance
21 of the permits. Permits issued under this section may be revoked
22 at any time at the discretion of the commission. Persons
23 permitted to take such species under this section shall make a
24 report in writing to the executive director within 30 days after
25 the expiration of the permit or conclusion of the survey or
26 collecting activity.
27 § 2906. Permits for use of explosives.
28 The executive director, with the approval of the commission,
29 may grant permits for the use of explosives in waters for
30 engineering purposes upon the payment of a fee of $10. The
19790H1574B1884 - 66 -
1 executive director may waive the payment of the fee for
2 Commonwealth agencies and political subdivisions. Any person
3 using explosives under a permit shall make restitution to the
4 commission for all fish destroyed.
5 § 2907. Expiration of licenses and permits.
6 All licenses and permits authorized by this chapter shall
7 expire on December 31 of the year for which they are issued.
8 § 2908. Penalties.
9 (a) General rule.--Except as provided in subsection (b), a
10 person engaging in any activity for which a permit or special
11 license is required under this chapter without acquiring the
12 license or permit or who violates any provision of this chapter
13 or regulations promulgated thereunder commits a summary offense
14 of the first degree.
15 (b) Boundary lakes.--A person engaged in any activity for
16 which a permit or special license under section 2903 (relating
17 to boat and net licenses for boundary lakes) is required without
18 obtaining such license or permit or who violates any provision
19 of section 2903 or regulations promulgated thereunder commits a
20 misdemeanor of the third degree.
21 CHAPTER 31
22 REGULATED FISHING LAKES
23 Sec.
24 3101. Licenses.
25 3102. Fees.
26 3103. Exemption from fishing regulations.
27 3104. Receipts for fish caught.
28 3105. Bills of sale for fish purchased for stocking.
29 3106. Classification of lakes.
30 3107. Transportation of fish.
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1 3108. Violations by owner or operator.
2 3109. Violations by other persons.
3 § 3101. Licenses.
4 Upon application accompanied by a license fee prescribed in
5 this chapter, the commission shall issue an annual regulated
6 fishing lake license. The license shall be effective until
7 December 31 of the year in which it is issued. Each application
8 for a license or a renewal thereof shall be signed by the owner
9 or operator of the regulated fishing lake and shall state the
10 approximate total area of fishing water on the premises to be
11 licensed and whether the area consists of one body of water or
12 more than one, together with any other information relative
13 thereto as the commission may prescribe.
14 § 3102. Fees.
15 The annual license fee for a regulated fishing lake shall be
16 based on the total area of fishing water on the premises to be
17 licensed, whether the area consists of one body of water or more
18 than one.
19 (1) Where the total area of water is less than five
20 acres, the fee shall be $50.
21 (2) Where the area is five acres or more but less than
22 ten acres, the fee shall be $60.
23 (3) Where the area is ten acres or more but less than 20
24 acres, the fee shall be $80.
25 (4) Where the area is 20 acres or more but less than 40
26 acres, the fee shall be $100.
27 (5) Where the area is 40 acres or more but less than 80
28 acres, the fee shall be $120.
29 (6) Where the area is 80 or more acres, the fee shall be
30 $150.
19790H1574B1884 - 68 -
1 § 3103. Exemption from fishing regulations.
2 Fish may be taken from a regulated fishing lake without
3 limitation on size, season or possession limit.
4 § 3104. Receipts for fish caught.
5 The owner or person in charge of any regulated fishing lake
6 shall issue consecutively numbered receipts to all anglers who
7 catch or transport fish from a regulated fishing lake during the
8 closed season for the species of fish, or in excess of the
9 possession limit, or under the minimum size limit. The receipts
10 shall be made in duplicate and one copy shall be kept on file by
11 the issuer for inspection by the commission or any persons
12 designated by it. Each angler, while in possession of the fish,
13 shall have in his possession the receipt relative thereto and
14 shall produce it upon demand by proper authority. All receipts
15 shall contain the following information:
16 (1) Name, location and license number of the regulated
17 fishing lake.
18 (2) Number and species of the fish caught.
19 (3) Date of issue.
20 § 3105. Bills of sale for fish purchased for stocking.
21 Any person owning or operating a regulated fishing lake shall
22 keep on file for inspection by the commission, or any person
23 designated by it, all bills of sale that he receives for
24 purchases of fish made for the purpose of stocking the lake.
25 § 3106. Classification of lakes.
26 (a) Class A.--A lake that is wholly opened to the general
27 public for fishing and is operated solely as a commercial
28 venture may be issued a Class A regulated fishing lake license.
29 Persons patronizing a Class A regulated fishing lake may catch,
30 kill and possess fish without regard to any size, season or
19790H1574B1884 - 69 -
1 possession limit and need not possess a Pennsylvania fishing
2 license. All other provisions of this title are applicable.
3 (b) Class B.--Lakes that meet all other requirements of this
4 section but are not open to the general public or operated as a
5 commercial venture may be issued a Class B regulated fishing
6 lake license. Persons patronizing a Class B lake may catch, kill
7 and possess fish taken therefrom without regard to size, season
8 or possession limitation. A fishing license is required to fish
9 in a Class B lake.
10 § 3107. Transportation of fish.
11 Nothing in this chapter shall be deemed to authorize any
12 person to transport, import or introduce any species of fish,
13 bait fish or fish bait into this Commonwealth if the
14 transportation, importation or introduction is prohibited by
15 other laws or regulations.
16 § 3108. Violations by owner or operator.
17 Any owner or operator of a regulated fishing lake who
18 operates the lake without a regulated fishing lake license, who
19 knowingly makes a false statement in his application for a
20 license or who violates any of the provisions of this chapter,
21 commits a summary offense of the first degree.
22 § 3109. Violations by other persons.
23 No person shall fish, or trespass with intent to fish, in the
24 waters or upon the bed or banks of any licensed regulated
25 fishing lake without having paid the fee fixed by the owner or
26 operator, or without having obtained permission from the owner
27 or operator. No person shall willfully or maliciously destroy or
28 damage any lake, property or appliances used in connection with
29 the operation of a licensed regulated fishing lake. Any person
30 violating any of the provisions of this section commits a
19790H1574B1884 - 70 -
1 summary offense of the first degree.
2 CHAPTER 33
3 PROPAGATION AND SALE OF FISH
4 Sec.
5 3301. Artificial propagation licenses.
6 3302. Limitation on water obstruction or use.
7 3303. Activities authorized under license.
8 3304. Activities not authorized under license.
9 3305. Receipts for sales of fish.
10 3306. Inspection of books and property.
11 3307. Stocking regulations.
12 3308. Killing destructive birds, animals, amphibians and
13 reptiles.
14 3309. Live bait fish, live fish bait and live fish dealers
15 licenses.
16 3310. Unauthorized sale of bait fish and fish bait.
17 3311. Sale of certain fish prohibited.
18 3312. Prohibited acts.
19 3313. Penalty.
20 § 3301. Artificial propagation licenses.
21 (a) General rule.--The commission may issue an artificial
22 propagation license for the propagation of any species of fish
23 upon receiving a written application therefor signed by the
24 applicant and upon payment to the commission of the following
25 fee:
26 (1) Trout or bass, $50.
27 (2) Any other fish, $25.
28 A separate propagation license shall be required for each
29 separate propagation facility even though owned and operated by
30 the same person. Persons operating a cooperative nursery project
19790H1574B1884 - 71 -
1 approved by the commission are exempt from payment of any fee
2 for the propagation of any species of fish authorized by the
3 commission.
4 (b) Applications.--Applications for artificial propagation
5 licenses shall be made on forms prepared by the commission and
6 shall show the size, character and purpose of the propagation
7 facility and such other matters as the commission may require.
8 (c) Expiration.--All licenses shall expire on December 31 of
9 the year for which they are issued.
10 § 3302. Limitation on water obstruction or use.
11 No dams, ponds or other devices which will prevent the free
12 migration of fish shall be erected or placed by a person
13 licensed under this chapter in any stream flowing over his
14 property. No person shall use the ponds so licensed for any
15 purpose other than for commercial propagation and rearing of
16 fish.
17 § 3303. Activities authorized under license.
18 The license issued under this chapter authorizes the
19 licensee:
20 (1) To carry on the business of propagation and sale of
21 the species of fish specified in the license, or the eggs
22 thereof, during the year for which the license is issued.
23 (2) To catch and kill the fish specified in the license
24 from the licensed ponds by any means whatsoever except by
25 explosives or poisonous substances.
26 (3) To sell or dispose of in any manner whatsoever the
27 game fish specified in the license, or the eggs thereof, at
28 any time of the year, and it authorizes public transportation
29 companies to receive and transport the fish or eggs.
30 § 3304. Activities not authorized under license.
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1 The license issued under this chapter does not authorize the
2 catching of fish out of any stream flowing over the property of
3 the licensee or other waters within this Commonwealth.
4 § 3305. Receipts for sales of fish.
5 A person selling fish under a license issued under this
6 chapter shall furnish the producer with a receipt of the sale
7 which shall specify the date of sale, the number of the license,
8 the number of fish and the number of pounds sold. The receipt
9 must be shown by the holder on demand to any person authorized
10 by law to enforce the laws of this Commonwealth relating to
11 fish. The receipt authorizes the sale or possession of the fish
12 so purchased for a period of 15 days after its date of issue,
13 except in the case of bait fish or fish bait which may be held
14 by dealers until disposed of.
15 § 3306. Inspection of books and property.
16 The books and property of the persons licensed under this
17 chapter shall be open to the commission or its agents for
18 inspection at all reasonable times.
19 § 3307. Stocking regulations.
20 No person licensed under this chapter shall in any manner
21 stock or maintain his establishment with any species of fish, or
22 eggs thereof, taken from any waters within this Commonwealth not
23 occupied, owned or controlled by him and covered by his license.
24 This section does not prohibit the exchange of fish eggs or the
25 fry of any species of fish with the commission.
26 § 3308. Killing destructive birds, animals, amphibians and
27 reptiles.
28 (a) Birds and animals.--A license issued under this chapter
29 authorizes the licensee or his employee:
30 (1) To kill after five days' notice to their owner, if
19790H1574B1884 - 73 -
1 known, any domestic bird or fowl trespassing on the waters or
2 land controlled, used or occupied entirely for the artificial
3 propagation of fish.
4 (2) To kill, in compliance with law, any wild birds or
5 wild animals destructive to fish life whenever found on such
6 waters or lands.
7 (b) Amphibians and reptiles.--A license issued under this
8 chapter authorizes the licensee or his employee to kill and
9 dispose of, on the premises, any amphibians and reptiles found
10 on such waters or lands whenever necessary to protect the fish
11 propagation plant against depredation by the amphibians and
12 reptiles, except that these amphibians and reptiles may not be
13 sold without first having secured a propagation license for
14 them.
15 (c) Exceptions.--This section does not authorize the
16 destroying and disposing of threatened or endangered fish or
17 other animals.
18 § 3309. Live bait fish, live fish bait and live fish dealers
19 licenses.
20 (a) General rule.--A license is required to sell live fish
21 bait, live bait fish and other live fish. The commission may
22 issue live bait fish and live fish bait dealers' licenses upon a
23 written application therefor signed by the applicant accompanied
24 by payment to the commission of the sum of $10. The commission
25 may issue a live fish dealer's license to buy and sell certain
26 species of fish approved by the commission upon the payment of
27 $25. The commission may issue such a license to persons who do
28 not propagate those fish but who buy and sell live bait fish,
29 live fish bait and live fish. The licensee shall keep records of
30 all transactions of both buying and selling, listing the date,
19790H1574B1884 - 74 -
1 number and species sold, and from whom the dealers purchased the
2 live bait fish, live fish bait or live fish, date, species and
3 number purchased, dealer's license number and place of sale. The
4 records shall be open for inspection by agents of the
5 commission.
6 (b) Resident dealer's transportation license.--Resident live
7 bait fish, live fish bait and live fish dealers who purchase
8 their fish from legal sources outside this Commonwealth shall
9 first obtain a transportation license from the commission at a
10 cost of $10 per license.
11 (c) Nonresident dealer's license.--Nonresidents who bring
12 live bait fish, live fish bait and live fish into this
13 Commonwealth for sale shall first secure a nonresident dealer's
14 license at a cost of $100 per year.
15 (d) Approval of species prior to distribution.--No resident
16 or nonresident live bait fish, live fish bait or live fish
17 dealer shall distribute any species not on a list approved by
18 the commission of live bait fish, live fish bait or live fish in
19 this Commonwealth without having it inspected and approved for
20 desirability of species by the commission.
21 (e) Application for licenses.--Applications for licenses
22 shall be made on forms prepared by the commission and show such
23 matters as the commission may require.
24 § 3310. Unauthorized sale of bait fish and fish bait.
25 No person shall sell or offer for sale any bait fish or fish
26 bait taken from any waters of this Commonwealth which were not
27 artificially propagated and sold under an artificial propagation
28 license granted by the commission, except that, under proper
29 license, specified species of bait fish may be netted from Lake
30 Erie waters for purposes of sale.
19790H1574B1884 - 75 -
1 § 3311. Sale of certain fish prohibited.
2 (a) General rule.--No person shall purchase, sell or offer
3 for sale any species of fish taken from waters wholly within
4 this Commonwealth or illegally taken from waters outside this
5 Commonwealth and received in interstate commerce except those
6 species of fish which the commission by regulation determines
7 may be sold or offered for sale.
8 (b) Reports of sales of fish.--A person engaged in catching
9 fish for market or whose business may involve the sale of fish
10 shall, on demand of the executive director, furnish at the close
11 of each calendar year a duplicate report of his sales of fish
12 and the gross amount of money realized. The contents of the
13 report shall be used by the commission entirely for statistical
14 purposes and are not public records. Individual reports shall
15 not be made public without the written consent of the owner.
16 § 3312. Prohibited acts.
17 No person shall:
18 (1) Artificially propagate any species of fish without
19 first procuring the license provided for in section 3301
20 (relating to artificial propagation licenses).
21 (2) Artificially propagate any species of fish of which
22 the introduction, importation or transportation in this
23 Commonwealth is prohibited by law or regulation.
24 (3) Fish or trespass, with intent to fish, in or upon
25 any waters, or the bed or banks of any waters, or from any
26 banks owned, controlled or occupied by persons licensed under
27 section 3301.
28 (4) Willfully or maliciously destroy or damage any
29 ponds, property or appliances on a propagating facility
30 licensed under section 3301.
19790H1574B1884 - 76 -
1 § 3313. Penalty.
2 Any person who violates any provision of this chapter commits
3 a summary offense of the first degree.
4 CHAPTER 35
5 DAMS, BAR RACKS AND MIGRATION DEVICES
6 Sec.
7 3501. Devices in dams to permit fish migration.
8 3502. Operation and maintenance of devices.
9 3503. Closing of devices for repair or nonuse.
10 3504. Civil penalty for noncompliance.
11 3505. Erection of devices by commission.
12 3506. Drawing off or interference with dams or devices.
13 3507. Protection of fish near dams.
14 3508. Erection of bar racks to prevent entry of fish.
15 3509. Obstructing migration of fish.
16 § 3501. Devices in dams to permit fish migration.
17 (a) Erection on order of commission.--Any person now or
18 hereafter erecting or maintaining a dam in the waters of this
19 Commonwealth shall, immediately on a written order from the
20 commission, erect therein such chutes, slopes, fishways, gates
21 or other devices as the commission may deem necessary to enable
22 the fish to ascend and descend the waters at all seasons of the
23 year.
24 (b) Payments where devices not practicable.--In lieu of
25 requiring the erection of chutes, slopes, fishways, gates or
26 other devices at any dam where they are not deemed by the
27 commission to be practicable or advisable for the ascending or
28 descending of fish, the commission may enter into an agreement
29 with the owner, lessee or operator of the dam, to pay to the
30 commission, annually or at other stated periods, a sum of money
19790H1574B1884 - 77 -
1 which shall be not less than 2 1/2% per year upon the estimated
2 cost of the erection of chutes, slopes, fishways, gates or other
3 devices, plus the estimated cost of reasonable depreciation and
4 maintenance of the same, except in cases where the sum of the
5 interest, depreciation and maintenance so calculated would be
6 equal to or exceed the sum of $25,000 per year, in which case
7 the annual payment shall be $25,000 per year.
8 (c) Use of moneys.--These moneys shall be expended by the
9 commission for:
10 (1) The stocking with fish of the waters of the stream
11 dammed.
12 (2) The propagating, rearing and distributing of fish
13 placed in the waters and the acquisition of the necessary
14 facilities therefor.
15 (3) Carrying out such other fish managing practices in
16 the waters as are deemed proper by the commission for the
17 improvement of public fishing opportunities therein.
18 (d) Receipt and appropriation of moneys.--Any money received
19 by the commission under such an agreement shall be paid into the
20 Fish Fund and is hereby specifically appropriated to be expended
21 by the commission for the purposes specified in subsection (c).
22 (e) Surveys and experimentations by commission.--When funds
23 are available for those purposes, the commission shall conduct
24 and encourage such surveys and experimentations as may be
25 necessary and feasible in order to discover and develop such
26 chutes, slopes, fishways, gates or other devices as may
27 successfully pass migratory fish over the dams.
28 § 3502. Operation and maintenance of devices.
29 Every chute, slope, fishway, gate or other device referred to
30 in section 3501 (relating to devices in dams to permit fish
19790H1574B1884 - 78 -
1 migration) shall be operated in a manner prescribed by the
2 commission and shall remain open and be maintained in good order
3 and repair by the person owning or maintaining the dam in which
4 the device is located.
5 § 3503. Closing of devices for repair or nonuse.
6 Any chute, fishway or other device may be closed for repairs
7 or when not needed with written approval of the commission.
8 § 3504. Civil penalty for noncompliance.
9 Any person failing to comply with section 3501 (relating to
10 devices in dams to permit fish migration) or 3502 (relating to
11 operation and maintenance of devices) within three calendar
12 months of the date of notice provided in section 3501 shall
13 forfeit and pay to the Commonwealth a civil penalty of $100 for
14 every day he fails to comply. The penalty shall be recovered by
15 civil suit or process in the name of the Commonwealth.
16 § 3505. Erection of devices by commission.
17 If the person owning, leasing or maintaining a dam fails to
18 erect a chute, slope, fishway, gate or other device after the
19 lapse of three calendar months from the date of notice provided
20 by section 3501 (relating to devices in dams to permit fish
21 migration), or fails to maintain the chute, slope, fishway, gate
22 or other device in accordance with section 3502 (relating to
23 operation and maintenance of devices), the commission may enter
24 upon the dam and erect such chute, slope, fishway, gate or other
25 device or make any necessary repairs and the cost thereof shall
26 be charged by the commission to the person owning or maintaining
27 the dam and may be recovered by civil suit or process in the
28 name of the Commonwealth.
29 § 3506. Drawing off or interference with dams or devices.
30 (a) Drawing off or obstructing dams.--No person shall draw
19790H1574B1884 - 79 -
1 off dam waters inhabited by fish without first applying for
2 written permission from the commission, nor shall any person
3 obstruct the flow of water through any such dam without allowing
4 a minimum flow of water determined by the commission to be
5 sufficient at all times to flow in the natural stream on which
6 the dam is located to enable the fish to live. Any person
7 violating the provisions of this subsection commits a summary
8 offense of the first degree.
9 (b) Interference with dams or devices.--Dams, deflectors,
10 retards or similar devices placed across or in any waters
11 inhabited by fish, with permission of the owner or owners of the
12 land adjacent thereto or through which those waters flow, shall
13 not be destroyed, removed, breached or disturbed, except by
14 written permission first obtained from the commission. Any
15 person violating the provisions of this subsection commits a
16 summary offense of the first degree.
17 § 3507. Protection of fish near dams.
18 (a) General rule.--The commission shall promulgate such
19 rules and regulations as it deems necessary to protect and
20 manage fish within one mile or such lesser distance as it deems
21 appropriate of any chute, slope, fishway, gate, dam, reflector,
22 retards or similar devices.
23 (b) Penalty.--Any person violating any of the rules or
24 regulations promulgated under this section commits a summary
25 offense of the first degree.
26 § 3508. Erection of bar racks to prevent entry of fish.
27 (a) General rule.--Any person owning, leasing or maintaining
28 a raceway, flume or inlet pipe leading to a water wheel, turbine
29 pump or canal shall immediately upon receipt of a written order
30 from the commission place and maintain a bar rack of not less
19790H1574B1884 - 80 -
1 than one-half inch nor more than one and one-half inch space
2 between the bars in or near that raceway, flume or inlet pipe
3 sufficient to prevent fish from entering it.
4 (b) Erection of bar racks by commission.--If one month after
5 notice of violation of this section the person owning, leasing
6 or operating such raceway, flume or inlet pipe has not placed a
7 bar rack as directed, the commission may enter upon the raceway,
8 flume or inlet pipe and place a bar rack of not less than one-
9 half inch nor more than one and one-half inch space between the
10 bars. The cost shall be charged against the owner, lessor or
11 operator and may be recovered by civil suit or process in the
12 name of the Commonwealth.
13 (c) Civil penalty.--Any person failing to comply with
14 subsection (a) within one calendar month shall forfeit and pay a
15 civil penalty of $100 for every day of violation.
16 § 3509. Obstructing migration of fish.
17 (a) General rule.--No person shall place any device or
18 object in waters within this Commonwealth in a manner that
19 obstructs the migration or passage of fish therein or obstructs
20 any fishway but the commission may, as it deems necessary in the
21 interest of fish management, authorize the erection of such
22 devices and prescribe such conditions for the operation and
23 maintenance of such devices as may be necessary for a fee of
24 $10.
25 (b) Fish rodeos.--After giving written notice to the
26 commission, an organized fishing or sportsmen's club that has
27 been in existence for a period of one year or more may obstruct
28 the passage of fish for a period not exceeding 48 hours for the
29 purpose of conducting fish rodeos the primary objective of which
30 is to encourage fishing by children. Such obstructions shall not
19790H1574B1884 - 81 -
1 be erected more than twice in one year within a distance of one
2 mile from any similar obstruction on the same stream or body of
3 water. The obstructions shall be at least one-half mile from
4 other such obstructions and shall be erected and designed in
5 such a manner that fish will not normally be injured.
6 (c) Penalty.--Any person violating any provision of this
7 section commits a summary offense of the first degree.
8 PART III
9 BOATS AND BOATING
10 Chapter
11 51. Preliminary Provisions
12 53. Registration of Boats
13 55. Operation of Boats
14 CHAPTER 51
15 PRELIMINARY PROVISIONS
16 Subchapter
17 A. General Provisions
18 B. Rules and Regulations
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 5101. Administration of part.
23 5102. Cooperation with other agencies.
24 5103. Boating education programs.
25 5104. Fees.
26 § 5101. Administration of part.
27 The commission shall supervise, through the executive
28 director, the administration and the enforcement of the
29 provisions of this part, the rules and regulations promulgated
30 thereunder and any existing laws regulating the operation and
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1 equipment of boats operated on any waters of this Commonwealth,
2 the establishment of educational programs and the improvement of
3 waterway facilities including aids to navigation.
4 § 5102. Cooperation with other agencies.
5 (a) Commonwealth agencies.--
6 (1) Concurrent jurisdiction.--Any power, duty or
7 jurisdiction conferred or imposed by this part shall be
8 deemed to be supplemental to any existing power, duty or
9 jurisdiction conferred or imposed by law or by any other
10 Commonwealth agency over, upon or in any waters of this
11 Commonwealth and it is the duty of these Commonwealth
12 agencies to cooperate with the commission and the assistant
13 executive director in carrying out the purposes of this part.
14 (2) Use of services.--The services of other Commonwealth
15 agencies may be used by the commission to accomplish any of
16 the provisions of this part. If there is adequate efficiency
17 by so doing, these Commonwealth agencies shall cooperate to
18 the maximum extent that is feasible.
19 (b) Federal Government and other states.--The commission
20 shall cooperate to the fullest extent feasible with the Federal
21 Government and the boating agencies of the Federal Government
22 and other states to promote uniformity of rules, regulations and
23 navigation aids and to facilitate safe unhindered movement of
24 vessels between states.
25 § 5103. Boating education programs.
26 The commission may inaugurate a comprehensive boating safety
27 and boating educational program and seek the cooperation of
28 organized boaters, the Federal Government and other states. The
29 commission may issue safety certificates to adults and minors
30 who complete courses in boating safety education.
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1 § 5104. Fees.
2 The following fees apply to registrations, licenses, permits
3 and capacity plates issued under this part and the fees
4 collected shall be deposited in the State Treasury in the Boat
5 Fund:
6 (1) Owner registration (boats less than 16 feet in
7 length), $4 per year.
8 (2) Owner registration (boats 16 feet or longer), $6 per
9 year.
10 (3) Duplicate owner registration, $1 each.
11 (4) Dealer registration, $15 per year.
12 (5) Additional dealer registration, $5 each.
13 (6) License for operator of passenger-carrying boat, $5
14 each.
15 (7) Capacity plate, $2 each.
16 (8) Permit for special marine event, $2 each.
17 SUBCHAPTER B
18 RULES AND REGULATIONS
19 Sec.
20 5121. Promulgation.
21 5122. Registrations, licenses, permits, plates and statistics.
22 5123. General boating regulations.
23 5124. Particular areas of water.
24 § 5121. Promulgation.
25 (a) General rule.--The commission may promulgate rules and
26 regulations specifically authorized under this part and such
27 other rules and regulations as it deems necessary to administer
28 and enforce the provisions of this part.
29 (b) Conformity to Federal law.--All rules and regulations
30 promulgated under this part shall conform to Federal laws and
19790H1574B1884 - 84 -
1 regulations on the same subject matter.
2 (c) Advice from Boating Advisory Board.--The commission
3 shall solicit the advice and opinions of the Boating Advisory
4 Board on any proposed rules and regulations promulgated under
5 this part prior to their final adoption.
6 § 5122. Registrations, licenses, permits, plates and statistics.
7 (a) General rule.--The commission may promulgate rules and
8 regulations relating to:
9 (1) Permanent and temporary registration of motorboats.
10 (2) Special provisions applicable to livery operators,
11 dealers, manufacturers and the owners or operators of
12 passenger-carrying boats.
13 (3) Display of numbers.
14 (4) Renewal of certificates of registration.
15 (5) Transfer of ownership of or interest in boats or the
16 abandonment or destruction of registered boats.
17 (6) Licensing of operators of passenger-carrying boats.
18 (7) Display of capacity plates by boats, the information
19 to be displayed thereon and the issuance of capacity plates.
20 (8) Issuance of permits for special marine events.
21 (9) Compilation and release of statistics on accidents
22 and registered boats.
23 (b) Penalty.--Any person who violates a rule or regulation
24 promulgated under this section commits a summary offense of the
25 third degree except that a person who operates a passenger-
26 carrying boat without a license commits a summary offense of the
27 second degree.
28 § 5123. General boating regulations.
29 (a) General rule.--The commission may promulgate such rules
30 and regulations as it deems appropriate to provide for the
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1 operation and navigation of boats, including the rules of the
2 road for boating, the ways, manner, methods and means of
3 boating, the management of boats and the use thereof and the
4 protection of waters for boating purposes. The rules and
5 regulations may relate to:
6 (1) Protection of the health and safety of persons on
7 boats, towed by boats, or on, in or along the waters of this
8 Commonwealth.
9 (2) Protection of property on, in or along the waters of
10 this Commonwealth and of fish and other acquatic life in such
11 waters.
12 (3) Boat noise and sound levels.
13 (4) Capacity and loading of boats.
14 (5) Equipment requirements for boats, operators of
15 boats, passengers on boats and persons towed or pulled by
16 boats.
17 (6) Lights, signals, courses, channels, rights-of-way
18 and hazards to navigation.
19 (7) The placing and lighting of aids, markers, floats,
20 ramps or other devices or structures of any description in
21 the waters of this Commonwealth.
22 (8) Disposal of oil, gas, gasoline, trash, rubbish,
23 debris, wastes and other things and substances of any
24 description from boats.
25 (9) Procedures to be followed and information to be
26 supplied by owners and operators of boats in reporting
27 boating accidents.
28 (b) Penalties.--Any person who violates a rule or regulation
29 promulgated under this section which the commission designates
30 as being for the protection of the health and safety of persons
19790H1574B1884 - 86 -
1 as provided by subsection (a)(1) commits a summary offense of
2 the first degree. Any person who violates any other regulation
3 promulgated under this section commits a summary offense of the
4 second degree. In addition to any other penalty, any person who
5 is convicted or acknowledges guilt for an offense of possessing
6 insufficient, nonapproved or unserviceable safety equipment on a
7 boat, passengers, or persons being towed by a boat on the waters
8 of this Commonwealth may be fined an additional $10 for every
9 piece of safety equipment required that is missing, not worn,
10 when required, not of an approved type or unserviceable.
11 § 5124. Particular areas of water.
12 (a) General rule.--The commission may promulgate special
13 rules and regulations for particular artificial or natural areas
14 of water for further limiting, restricting or prohibiting the
15 operation or navigation of boats thereon to promote the
16 interests of the public or to preserve aquatic life.
17 (b) Penalty.--Any person who violates a rule or regulation
18 promulgated under this section commits a summary offense of the
19 second degree.
20 CHAPTER 53
21 REGISTRATION OF BOATS
22 Sec.
23 5301. Registration of motorboats required.
24 5302. Exemptions from registration.
25 5303. Voluntary and special registrations.
26 5304. Issuing agents.
27 5305. Application for registration.
28 5306. Certificate of registration.
29 5307. Dealer registration.
30 5308. Period of registration.
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1 5309. Change of address of registrant.
2 5310. Display of registration number.
3 5311. Tampering with identification numbers.
4 5312. Transfer, destruction or abandonment of boat.
5 5313. Records open to public.
6 § 5301. Registration of motorboats required.
7 (a) General rule.--It is unlawful for any person to operate
8 or navigate, or cause to be operated or navigated, any motorboat
9 upon, over or through the waters of this Commonwealth unless the
10 motorboat is registered in accordance with this chapter.
11 (b) Penalty.--Any person who violates this section commits a
12 summary offense of the second degree.
13 § 5302. Exemptions from registration.
14 The registration requirements of this chapter do not apply
15 to:
16 (1) Boats registered or awarded a number by another
17 state under a numbering system approved by Federal authority
18 in which case the registration or number will be valid in
19 this Commonwealth for a period of 60 days.
20 (2) Foreign boats temporarily using the waters of this
21 Commonwealth.
22 (3) Boats, other than boats used for recreational
23 purposes, which are:
24 (i) owned by the United States, a state or a
25 subdivision thereof;
26 (ii) used solely for public service functions such
27 as search and rescue; and
28 (iii) clearly identifiable as such.
29 This paragraph includes boats owned by quasi-public
30 organizations such as volunteer fire departments and river
19790H1574B1884 - 88 -
1 rescue units and used exclusively in the performance of their
2 work in furthering safety and search and rescue on the water.
3 (4) Lifeboats on ships.
4 (5) Boats possessing a valid marine document issued by
5 the United States Coast Guard, or any Federal successor
6 thereto, or by any foreign government.
7 (6) Boats not equipped with propelling machinery.
8 § 5303. Voluntary and special registrations.
9 (a) Registration of other watercraft.--Watercraft other than
10 motorboats may be registered under this chapter at the option of
11 the owner.
12 (b) Registration of Commonwealth motorboats.--Special
13 registrations shall be issued free of charge by the commission
14 for motorboats owned or operated by the Commonwealth.
15 § 5304. Issuing agents.
16 (a) Designation.--The commission may designate as issuing
17 agents the county treasurer (or in counties where, by virtue of
18 an optional plan of government or home rule charter, there is no
19 county treasurer, the official who performs the ordinary
20 functions of a county treasurer) or such other persons in each
21 county, as it deems advantageous, to provide for the issuance of
22 motorboat registrations in accordance with the provisions of
23 this chapter.
24 (b) Fee.--For all services rendered in collecting and paying
25 over registration fees, each issuing agent shall charge and
26 retain an additional fee not exceeding $2 from the person
27 securing the registration. If the issuing agent is a county
28 treasurer or other official who performs that function, the fee
29 shall be retained for the use of the county.
30 (c) Bond.--Every issuing agent shall give bond to the
19790H1574B1884 - 89 -
1 Commonwealth, in a sum determined by the executive director,
2 before any supply of registration forms is delivered to him.
3 (d) Disposition of moneys.--Every issuing agent shall
4 forward all moneys collected, along with all appropriate forms,
5 to the commission within five days after receipt of each and
6 every registration.
7 § 5305. Application for registration.
8 (a) General rule.--Any person owning a motorboat and
9 desiring to operate or navigate the motorboat, or cause it to be
10 operated or navigated, on any inland or tidal waters of this
11 Commonwealth shall make a written application to the commission
12 or to a designated issuing agent for a registration for the
13 motorboat.
14 (b) Form and content.--The application shall be made on a
15 form prescribed, prepared and furnished by the commission and,
16 together with such other information as the commission may
17 require, shall state the name and address of the applicant and,
18 if the applicant is a partnership, the names and addresses of
19 all the partners, and, if the applicant is a corporation, the
20 names and addresses of the officers.
21 § 5306. Certificate of registration.
22 (a) Issuance.--Upon receipt of a signed application and upon
23 the payment of the annual registration fee, the commission shall
24 issue to the applicant owner a certificate of registration for
25 his motorboat. The certificate of registration shall be pocket
26 size.
27 (b) Carrying on motorboat.--The certificate of registration
28 shall be available at all times for inspection on the motorboat
29 for which issued whenever the motorboat is in operation.
30 (c) Retention on shore.--The certificate of registration for
19790H1574B1884 - 90 -
1 motorboats less than 26 feet long, leased or rented for
2 noncommercial use of less than seven days, may be retained on
3 shore by the owner of the motorboat or his representative at the
4 place from which the motorboat departs or returns to the
5 possession of the owner or his representative. A motorboat that
6 does not have the certificate of registration on board shall be
7 identifiable while in use and shall comply with all other
8 requirements.
9 (d) Duplicates.--Upon application of the owner on a form
10 prescribed by the commission, the commission may issue the owner
11 a duplicate registration certificate upon payment of the
12 applicable fee.
13 (e) Penalty.--Any person operating a properly registered
14 motorboat who does not have available for inspection on the
15 motorboat the certificate of registration commits a summary
16 offense of the third degree.
17 § 5307. Dealer registration.
18 (a) Application and issuance.--The commission will issue to
19 dealers, manufacturers and jobbers special registrations that
20 bear the additional mark "X" upon proper application and payment
21 of the applicable fee. Application for dealer registrations
22 shall be made upon a form provided by the commission, shall set
23 forth the full name and business address of the applicant and
24 such other information as the commission may require and shall
25 be signed by the dealer, manufacturer or jobber. The dealer
26 registration number shall be displayed conspicuously on each
27 side of the bow of the boat being used by the dealer. The
28 commission may issue additional registrations to dealers,
29 manufacturers or jobbers upon proper application and the payment
30 of the applicable fee.
19790H1574B1884 - 91 -
1 (b) Use.--Dealer registrations may be used on any boat owned
2 or in possession of a dealer, manufacturer or jobber and
3 operated by the dealer, manufacturer or jobber or their
4 employees only when the boat is used for any of the following
5 purposes:
6 (1) In the business of the registrant as a dealer,
7 manufacturer or jobber.
8 (2) For the personal pleasure or use of the dealer,
9 manufacturer, jobber, members of his immediate family and
10 regular employees thereof and members of their immediate
11 families.
12 (3) For testing or demonstrating boats in the possession
13 of the dealer, manufacturer or jobber.
14 (4) For lending boats to customers whose boats are being
15 repaired.
16 (5) For lending to prospective buyers for a period not
17 exceeding two days for purposes of demonstrating the boats.
18 § 5308. Period of registration.
19 Registrations issued under this chapter to owners and dealers
20 shall be valid from April 1 of one year to March 31 of the
21 succeeding year and shall be renewable. A registration for any
22 year shall be valid and may properly be displayed prior to April
23 1 within that year.
24 § 5309. Change of address of registrant.
25 Any holder of a certificate of registration shall notify the
26 commission within 15 days if his address no longer conforms to
27 the address appearing on the certificate and shall, as a part of
28 the notification, furnish the commission with his new address.
29 The commission may provide in its rules and regulations for the
30 surrender of the certificate bearing the former address and its
19790H1574B1884 - 92 -
1 replacement with a certificate bearing the new address of the
2 holder.
3 § 5310. Display of registration number.
4 (a) General rule.--The registration number shown on the
5 certificate of registration shall be painted on or attached to
6 each side of the bow of the motorboat in order that it may be
7 clearly visible. No other number may be displayed on the bow.
8 The number shall be maintained in a legible condition.
9 (b) Penalty.--A person who operates a properly registered
10 motorboat that does not display a proper registration number
11 commits a summary offense of the third degree.
12 § 5311. Tampering with identification numbers.
13 (a) General rule.--No unauthorized person shall erase,
14 deface, change, paint on or in any way tamper with any
15 registration number or card or any other identification number
16 on a motorboat or motor.
17 (b) Penalty.--Any person who violates this subsection
18 commits a summary offense of the second degree.
19 § 5312. Transfer, destruction or abandonment of boat.
20 The owner of a boat registered in this Commonwealth pursuant
21 to this chapter or by the Federal Government shall furnish the
22 commission notice of the transfer of all or any part of his
23 interest, other than the creation of a security interest, in a
24 boat or of the destruction or abandonment of the boat within 15
25 days from the transfer, destruction or abandonment. The
26 transfer, destruction or abandonment shall terminate the
27 certificate of registration for the boat except in the case of a
28 transfer of a part interest which does not affect the right of
29 the owner to operate the boat.
30 § 5313. Records open to public.
19790H1574B1884 - 93 -
1 All records relating to registration or numbering made or
2 kept pursuant to this chapter shall be public records.
3 CHAPTER 55
4 OPERATION OF BOATS
5 Sec.
6 5501. Reckless and negligent operation of watercraft.
7 5502. Operating watercraft under influence of alcohol or
8 controlled substance.
9 5503. Accident reports.
10 5504. Liability for damage caused by operator.
11 § 5501. Reckless and negligent operation of watercraft.
12 (a) Reckless operation.--No person shall operate a
13 watercraft in, upon or through the waters of this Commonwealth
14 in a reckless manner. For the purposes of this subsection,
15 reckless operation means operating a watercraft in a manner that
16 consciously, willfully and wantonly disregards a substantial and
17 unjustifiable risk to the safety of persons or property in, upon
18 or along the waters of this Commonwealth. Reckless operation of
19 a watercraft involves a gross deviation from the standard of
20 care that a reasonable operator of a watercraft should observe
21 under the circumstances. A person who violates this subsection
22 commits a misdemeanor of the third degree.
23 (b) Negligent operation.--No person shall operate a
24 watercraft in, upon or through the waters of this Commonwealth
25 in a negligent manner. A person commits negligent operation of a
26 watercraft if he operates the watercraft without due regard for
27 the safety of persons or property in, upon or along the waters
28 of this Commonwealth. Negligent operation of a watercraft
29 involves a deviation from the ordinary standard of care that a
30 reasonable operator of a watercraft should observe under the
19790H1574B1884 - 94 -
1 circumstances. A person who violates this subsection commits a
2 summary offense of the first degree. Negligent operation is a
3 lesser included offense of reckless operation of a watercraft.
4 (c) Aquaplanes and similar devices.--No person shall operate
5 or manipulate any boat, tow rope, aquaplane or similar device in
6 such a way as to cause the device or person thereon to collide
7 with or strike against any object or person or in any way cause
8 damage or injury to any object or person. A person who violates
9 this subsection commits a summary offense of the first degree.
10 (d) Exceeding capacity prima facie evidence of negligence.--
11 Exceeding the loading and horsepower limits for a boat as
12 provided on the capacity plate issued for the boat is prima
13 facie evidence of negligent operation of the boat.
14 § 5502. Operating watercraft under influence of alcohol or
15 controlled substance.
16 (a) General rule.--No person shall operate a watercraft
17 upon, in or through the waters of this Commonwealth while:
18 (1) under the influence of alcohol to a degree which
19 renders the person incapable of safe operation of the
20 watercraft;
21 (2) under the influence of any controlled substance, as
22 defined by the laws of this Commonwealth and rules and
23 regulations promulgated thereunder, to a degree which renders
24 the person incapable of safe operation of a watercraft; or
25 (3) under the combined influence of alcohol and a
26 controlled substance.
27 (b) Legal use no defense.--The fact that any person charged
28 with violating this section is or has been legally entitled to
29 use alcohol or controlled substances is not a defense to a
30 charge of violating this section.
19790H1574B1884 - 95 -
1 (c) Penalty.--A person violating any of the provisions of
2 this section commits a summary offense of the first degree.
3 § 5503. Accident reports.
4 (a) Duty to file.--In case of a watercraft accident on the
5 waters of this Commonwealth, the operator of each watercraft
6 involved in the accident shall submit a written accident report
7 to the commission within the time prescribed and containing such
8 information as may be required by regulation. If an operator of
9 a watercraft is physically incapable, as a result of the
10 accident, of making a report, the report shall be made by the
11 owner of the watercraft or the investigating official, in that
12 order. The investigating official will only sign this report
13 when the others are not available.
14 (b) Confidentiality.--All reports of watercraft accidents
15 shall be considered privileged and shall be filed without
16 prejudice to the person filing the report. The reports shall be
17 for the information of the commission and shall not be open for
18 public inspection except as provided in this section.
19 (c) Admissibility in evidence.--The fact that the reports
20 have been made shall be admissible in evidence only to prove
21 compliance with the requirements of this section. No report or
22 any part thereof or any statement contained therein shall be
23 admissible in evidence for any other purposes in any civil or
24 criminal trial arising out of the accident.
25 (d) Furnishing abstracts.--The commission shall, upon
26 request, furnish any person a certified abstract of the accident
27 report. The abstract shall be limited to the date, time,
28 location, weather conditions, names and addresses of the
29 operators, passengers and witnesses and description of the
30 watercraft involved in the accident.
19790H1574B1884 - 96 -
1 (e) Penalties.--Any person who fails to file an accident
2 report required by this section commits a summary offense of the
3 first degree. Any person who files a report beyond the time
4 limits prescribed by regulation or without providing all the
5 material information required by regulation commits a summary
6 offense of the third degree.
7 § 5504. Liability for damage caused by operator.
8 Every owner of a watercraft causing or knowingly permitting
9 any person to operate the watercraft in, upon or through the
10 waters of this Commonwealth, and any person who leases or
11 furnishes a watercraft to any other person, shall be jointly and
12 severally liable with the other person for damages arising out
13 of any act or occurrence in the operation of the watercraft.
14 PART IV
15 MISCELLANEOUS PROVISIONS
16 Chapter
17 71. Atlantic States Marine Fisheries Compact
18 73. Shad Fishing in Delaware River and Bay
19 CHAPTER 71
20 ATLANTIC STATES MARINE FISHERIES COMPACT
21 Sec.
22 7101. Execution and form of compact.
23 7102. Members of commission from Pennsylvania.
24 7103. Powers and duties of commission and Commonwealth
25 agencies.
26 7104. Powers granted commission supplemental to other powers.
27 7105. Accounts and reports of commission.
28 7106. Amendment to compact.
29 § 7101. Execution and form of compact.
30 The Governor of this Commonwealth is authorized and directed
19790H1574B1884 - 97 -
1 to execute a compact on behalf of the Commonwealth of
2 Pennsylvania with any one or more of the States of Maine, New
3 Hampshire, Massachusetts, Connecticut, Rhode Island, New York,
4 New Jersey, Delaware, Maryland, Virginia, North Carolina, South
5 Carolina, Georgia and Florida, and with such other states as may
6 enter into the compact legally joining therein in the form
7 substantially as follows:
8 ATLANTIC STATES MARINE FISHERIES COMPACT
9 The contracting states solemnly agree:
10 Article I
11 The purpose of this compact is to promote the better
12 utilization of the fisheries, marine, shell and anadromous of
13 the Atlantic seaboard by the development of a joint program for
14 the promotion and protection of such fisheries and by the
15 prevention of the physical waste of the fisheries from any
16 cause. It is not the purpose of this compact to authorize the
17 states joining herein to limit the production of fish or fish
18 products for the purpose of establishing or fixing the price
19 thereof, or creating and perpetuating monopoly.
20 Article II
21 This agreement shall become operative immediately as to those
22 states executing it, whenever any two or more of the States of
23 Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut,
24 New York, New Jersey, Delaware, Maryland, Virginia, North
25 Carolina, South Carolina, Georgia and Florida, have executed it
26 in the form that is in accordance with the laws of the executing
27 state, and the Congress has given its consent. Any state
28 contiguous with any of the aforementioned states and riparian
29 upon waters frequented by anadromous fish flowing into waters
30 under the jurisdiction of any of the aforementioned states, may
19790H1574B1884 - 98 -
1 become a party hereto as hereinafter provided.
2 Article III
3 Each state joining herein shall appoint three representatives
4 to a commission hereby constituted and designated as the
5 Atlantic States Marine Fisheries Commission. One shall be the
6 executive officer of the administrative agency of such state,
7 charged with the conservation of the fisheries resources to
8 which this compact pertains, or if there be more than one
9 officer or agency, the official of that state named by the
10 governor thereof. The second shall be a member of the
11 legislature of such state, designated by the commission or
12 committee on interstate cooperation of such state, or if there
13 be none, or if said commission on interstate cooperation cannot
14 constitutionally designate the said member, such legislator
15 shall be designated by the governor thereof: Provided, That if
16 it is constitutionally impossible to appoint a legislator as a
17 commissioner from such state, the second member shall be
18 appointed by the governor of said state in his discretion. The
19 third shall be a citizen who shall have a knowledge of and
20 interest in the marine fisheries problem, to be appointed by the
21 governor. This commission shall be a body corporate with the
22 powers and duties set forth herein.
23 Article IV
24 The duties of the said commission shall be to make inquiry
25 and ascertain from time to time such methods, practices,
26 circumstances and conditions as may be disclosed for bringing
27 about the conservation and the prevention of the depletion and
28 physical waste of the fisheries, marine, shell and anadromous of
29 the Atlantic seaboard. The commission shall have power to
30 recommend the coordination of the exercise of the police powers
19790H1574B1884 - 99 -
1 of the several states within their respective jurisdictions, to
2 promote the preservation of those fisheries and their protection
3 against overfishing, waste, depletion or any abuse whatsoever,
4 and to assure a continuing yield from the fisheries resources of
5 the aforementioned states.
6 To that end, the commission shall draft, and after
7 consultation with the advisory committee hereinafter authorized,
8 recommend, to the governors and legislatures of the various
9 signatory states, legislation dealing with the conservation of
10 the marine, shell and anadromous fisheries of the Atlantic
11 seaboard. The commission shall, more than one month prior to any
12 regular meeting of the legislature in any signatory state,
13 present to the governor of the state its recommendations
14 relating to enactments to be made by the legislature of that
15 state in furthering the intents and purposes of this compact.
16 The commission shall consult with and advise the pertinent
17 administrative agencies in the states, party hereto, with regard
18 to problems connected with the fisheries, and recommend the
19 adoption of such regulations as it deems advisable.
20 The commission shall have power to recommend to the states,
21 party hereto, the stocking of the waters of such states with
22 fish and fish eggs, or joint stocking by some or all of the
23 states, party hereto, and when two or more of the states shall
24 jointly stock waters, the commission shall act as the
25 coordinating agency for such stocking.
26 Article V
27 The commission shall elect from its number a chairman and a
28 vice chairman and shall appoint and, at its pleasure, remove or
29 discharge such officers and employes as may be required to carry
30 the provisions of this compact into effect, and shall fix and
19790H1574B1884 - 100 -
1 determine their duties, qualifications and compensation. Said
2 commission shall adopt rules and regulations for the conduct of
3 its business. It may establish and maintain one or more offices
4 for the transaction of its business, and may meet at any time or
5 place, but must meet at least once a year.
6 Article VI
7 No action shall be taken by the commission in regard to its
8 general affairs, except by the affirmative vote of a majority of
9 the whole number of compacting states present at any meeting. No
10 recommendation shall be made by the commission in regard to any
11 species of fish, except by the affirmative vote of a majority of
12 the compacting states which have an interest in such species.
13 The commission shall define what shall be an interest.
14 Article VII
15 The Fish and Wildlife Service of the Department of the
16 Interior of the Government of the United States shall act as the
17 primary research agency of the Atlantic States Marine Fisheries
18 Commission, cooperating with the research agencies in each state
19 for that purpose. Representatives of the said Fish and Wildlife
20 Service shall attend the meetings of the commission.
21 An advisory committee to be representative of the commercial
22 fishermen and the salt water anglers and such other interests of
23 each state as the commission deems advisable shall be
24 established by the commission, as soon as practicable, for the
25 purpose of advising the commission upon such recommendations as
26 it may desire to make.
27 Article VIII
28 When any state, other than those named specifically in
29 Article II of this compact, shall become a party thereto for the
30 purpose of conserving its anadromous fish, in accordance with
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1 the provisions of Article II, the participation of such state in
2 the action of the commission shall be limited to such species of
3 anadromous fish.
4 Article IX
5 Nothing in this compact shall be construed to limit the
6 powers of any signatory state, or to repeal or prevent the
7 enactment of any legislation or the enforcement of any
8 requirement by any signatory state, imposing additional
9 conditions and restrictions to conserve its fisheries.
10 Article X
11 Continued absence of representation or of any representative
12 on the commission from any state, party hereto, shall be brought
13 to the attention of the governor thereof.
14 Article XI
15 The states, party hereto, agree to make annual appropriations
16 to the support of the commission, in proportion to the primary
17 market value of the products of their fisheries, exclusive of
18 cod and haddock, as recorded in the most recent published
19 reports of the Fish and Wildlife Service of the United States,
20 Department of the Interior, provided no state shall contribute
21 less than $200 per annum, and the annual contribution of each
22 state above the minimum shall be figured to the nearest hundred
23 dollars.
24 The compacting states agree to appropriate initially the
25 annual amounts scheduled below, which amounts are calculated in
26 the manner set forth herein on the basis of the catch record of
27 1938. Subsequent budgets shall be recommended by a majority of
28 the commission, and the cost thereof allocated equitably among
29 the states, in accordance with their respective interests, and
30 submitted to the compacting states.
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1 Schedule of Initial Annual State Contributions
2 Maine $ 700
3 New Hampshire 200
4 Massachusetts 2,300
5 Rhode Island 300
6 Connecticut 400
7 New York 1,300
8 New Jersey 800
9 Delaware 200
10 Maryland 700
11 Virginia 1,300
12 North Carolina 600
13 South Carolina 200
14 Georgia 200
15 Florida 1,500
16 Article XII
17 This compact shall continue in force and remain binding upon
18 each compacting state until renounced by it. Renunciation of
19 this compact must be preceded by sending six months' notice, in
20 writing, of intention to withdraw from the compact to the other
21 states, party hereto.
22 § 7102. Members of commission from Pennsylvania.
23 (a) Designation and term.--In pursuance of Article III of
24 the compact, there shall be three members (hereinafter called
25 commissioners) of the Atlantic States Marine Fisheries
26 Commission (hereinafter called commission) from this
27 Commonwealth. The first commissioner shall be the executive
28 director of the Pennsylvania Fish Commission, ex officio, and
29 the term of this commissioner shall terminate at the time he
30 ceases to hold the office of executive director and his
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1 successor as commissioner shall be his successor as executive
2 director. The second commissioner shall be a legislator and
3 member of the Pennsylvania Commission on Interstate Cooperation,
4 ex officio, designated by the Pennsylvania Commission on
5 Interstate Cooperation, and the term of this commissioner shall
6 terminate at the time he ceases to hold legislative office or
7 office as a member of the Pennsylvania Commission on Interstate
8 Cooperation and his successor as commissioner shall be named in
9 like manner. The Governor (by and with the advice and consent of
10 the Senate) shall appoint a citizen as a third commissioner who
11 shall have a knowledge of and interest in the marine fisheries
12 problem. The term of this commissioner shall be three years and
13 he shall hold office until his successor is appointed and
14 qualified. Vacancies occurring in the office of this
15 commissioner from any reason or cause shall be filled by
16 appointment by the Governor (by and with the advice and consent
17 of the Senate) for the unexpired term.
18 (b) Delegate of executive director.--The executive director
19 of the Pennsylvania Fish Commission, as ex officio commissioner,
20 may delegate from time to time to any assistant or other
21 subordinate in his agency or office, the power to be present and
22 participate, including voting, as his representative or
23 substitute at any meeting of or hearing by or other proceeding
24 of the commission.
25 (c) Terms of initial members.--The terms of each of the
26 initial three members shall begin at the date of the appointment
27 of the appointive commissioner, provided the compact shall then
28 have gone into effect in accordance with Article II of the
29 compact; otherwise, they shall begin upon the date upon which
30 the compact becomes effective in accordance with Article II.
19790H1574B1884 - 104 -
1 (d) Removal from office.--Any commissioner may be removed
2 from office by the Governor upon charges and after a hearing.
3 § 7103. Powers and duties of commission and Commonwealth
4 agencies.
5 The commission and the commissioners thereof shall have all
6 the powers provided for in the compact and all the powers
7 necessary or incidental to the carrying out of the compact in
8 every particular. All officers of the Commonwealth are directed
9 to do all things falling within their respective provinces and
10 jurisdiction necessary or incidental to the carrying out of the
11 compact in every particular, it being hereby declared to be the
12 policy of this Commonwealth to perform and carry out the compact
13 and to accomplish the purposes thereof. All officers, bureaus,
14 departments and persons of and in the State Government or
15 Administration of the Commonwealth are hereby authorized and
16 directed, at convenient times and upon request of the
17 commission, to furnish the commission with information and data
18 possessed by them or any of them and to aid the commission by
19 loan of personnel or other means lying within their legal
20 rights, respectively.
21 § 7104. Powers granted commission supplemental to other powers.
22 Any powers granted to the commission shall be regarded as in
23 aid of and supplemental to, and in no case a limitation upon,
24 any of the powers vested in the commission by other laws of this
25 Commonwealth, or by the laws of the States of Maine, New
26 Hampshire, Massachusetts, Connecticut, Rhode Island, New York,
27 New Jersey, Delaware, Maryland, Virginia, North Carolina, South
28 Carolina, Georgia and Florida, or by the Congress of the United
29 States or the terms of said compact.
30 § 7105. Accounts and reports of commission.
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1 (a) General rule.--The commission shall keep accurate
2 accounts of all receipts and disbursements and shall report to
3 the Governor and the General Assembly on or before December 10
4 in each year, setting forth, in detail, the transactions
5 conducted by it during the 12 months preceding December 1 of
6 that year, and shall make recommendations for any legislative
7 action deemed by it advisable, including amendments to the
8 statutes of this Commonwealth, which may be necessary to carry
9 out the intent and purposes of the compact between the signatory
10 states.
11 (b) Examination by Auditor General.--The Auditor General of
12 the Commonwealth may, from time to time, examine the accounts
13 and books of the commission, including its receipts,
14 disbursements and other items referring to its financial
15 standing as the Auditor General deems proper, and report the
16 results of the examination to the Governor.
17 § 7106. Amendment to compact.
18 (a) Execution and form of amendment.--The Governor is
19 authorized and directed to enter into an amendment of the
20 Atlantic States Marine Fisheries Compact with any one or more of
21 the States of Maine, New Hampshire, Massachusetts, Connecticut,
22 Rhode Island, New York, New Jersey, Delaware, Maryland,
23 Virginia, North Carolina, South Carolina, Georgia and Florida,
24 and such other states as may become party to that compact, for
25 the purpose of permitting the states that ratify this amendment
26 to establish joint regulation of specific fisheries common to
27 those states through the Atlantic States Marine Fisheries
28 Commission and their representatives on that body, such
29 amendment to be in substantially the following form:
30 Amendment No. 1 of the
19790H1574B1884 - 106 -
1 Atlantic States Marine Fisheries Compact
2 The states consenting to this amendment agree that any
3 two or more of them may designate the Atlantic States Marine
4 Fisheries Commission as a joint regulatory agency with such
5 powers as they may jointly confer from time to time for the
6 regulation of the fishing operations of the citizens and
7 vessels of such designating states with respect to specific
8 fisheries in which such states have a common interest. The
9 representatives of such states on the Atlantic States Marine
10 Fisheries Commission shall constitute a separate section of
11 the commission for the exercise of the additional powers so
12 granted: Provided, That the states so acting shall
13 appropriate additional funds for this purpose. The creation
14 of such section as a joint regulatory agency shall not
15 deprive the states participating therein of any of their
16 privileges or powers or responsibilities in the Atlantic
17 States Marine Fisheries Commission under the general compact.
18 (b) Effectiveness of amendment.--This amendment shall take
19 effect as to this Commonwealth with respect to such other of the
20 aforesaid states as take similar action.
21 (c) Withdrawal from amendment.--Notice of intention to
22 withdraw from this amendment shall be executed and transmitted
23 by the Governor and shall be in accordance with Article XII of
24 the Atlantic States Marine Fisheries Compact and shall be
25 effective as to this Commonwealth with those states which
26 similarly ratify this amendment.
27 CHAPTER 73
28 SHAD FISHING IN DELAWARE RIVER AND BAY
29 Sec.
30 7301. Legislative findings and declarations.
19790H1574B1884 - 107 -
1 7302. Delaware River and Bay defined.
2 7303. Interstate cooperation.
3 7304. Permitted nets and devices.
4 7305. Season and lift period.
5 7306. License required for catching shad with nets.
6 7307. Limitations on issuance of license.
7 7308. Issuance of additional licenses.
8 7309. License fees.
9 7310. Records and reports by licensees.
10 7311. Transfer of license.
11 7312. Withdrawal of licenses issued in prior year.
12 7313. Suspension or revocation of license.
13 7314. Penalty.
14 § 7301. Legislative findings and declarations.
15 The General Assembly finds and declares as follows:
16 (1) Since fish at large in the waters of this
17 Commonwealth are a natural resource, protection and
18 conservation of this resource in the public interest is the
19 obligation of the Commonwealth.
20 (2) The shad which inhabit the waters of the Delaware
21 River system constitute a potentially valuable source of food
22 and raw materials and, under proper management, are capable
23 of producing a constant and abundant harvest without
24 depletion of the species and consequent shortages of supply.
25 The important shad fishery of the Delaware River has been
26 depleted so that the actual harvest is far below the
27 potential yield of this resource which at one time yielded as
28 much as 16,000,000 fish yearly but in recent years has
29 yielded only a few hundred thousand pounds. This depletion
30 has caused a denial to the consuming public of a constant and
19790H1574B1884 - 108 -
1 adequate supply of these vitamin rich foods within a
2 reasonable price range that consistent and abundant supply
3 would make possible, and has caused decline and instability
4 in the fishing industry in this river system. The restoration
5 of this species in the Delaware River has become an
6 enterprise of vast economic importance to this Commonwealth.
7 (3) It is a matter of public interest and for the public
8 welfare and health for the Commonwealth to take such measures
9 as are necessary to control the intensity of fishing pressure
10 in order that the restoration of this valuable species may be
11 accomplished and that the species may attain the maximum
12 sustained yield consistent with the preservation of an
13 adequate brood stock. Legislative limitation of the size of
14 the mesh of nets, size limits and other like measures are not
15 effective in conserving this species.
16 (4) In accordance with the purposes of the Atlantic
17 States Marine Fisheries Compact to which this Commonwealth is
18 a party and in order to carry out the policy of the
19 Commonwealth as it relates to the shad inhabiting the waters
20 of the Delaware River and in order to restore this depleted
21 fishery, it is necessary, proper and expedient to establish a
22 system of licensing designed to control increases in the
23 intensity of fishing pressure so that increases in fishing
24 pressure will be brought into balance with the population of
25 shad in the Delaware, to the end that the shad fisheries of
26 the waters of the Delaware River and its tributaries will be
27 restored and will produce the maximum sustained yield
28 consistent with the conservation of that species. Since the
29 stabilization of fishing operations is an activity promoting
30 the public interest, the payment of license fees and the
19790H1574B1884 - 109 -
1 imposing and controlling of the restrictive provisions of
2 this chapter upon the general public is an equitable
3 contribution on its part arising from the privileges of
4 harvesting this natural resource.
5 § 7302. Delaware River and Bay defined.
6 For the purpose of regulating the shad fishery of the
7 Delaware River and Bay and their tributaries:
8 (1) The Delaware River includes all that part of the
9 river and its tributaries above a line drawn from the
10 monument on the Delaware shore at or near Listons Point and
11 the corresponding monument at or near the mouth of New Hope
12 Creek on the New Jersey shore, as established by the
13 Commissioners of the States of New Jersey and Delaware under
14 the Compact of 1905 and subsequent enabling legislation of
15 the two states.
16 (2) The Delaware Bay includes all the waters of the
17 Delaware Bay south of such line and the tributaries emptying
18 therein down to a line connecting the Harbor of Refuge Light
19 at Cape Henlopen, Delaware, with the lighthouse at Cape May,
20 New Jersey.
21 § 7303. Interstate cooperation.
22 The commission shall meet and confer with the pertinent
23 officials of the states of New York, New Jersey, Pennsylvania
24 and Delaware, constituting the Middle Atlantic Section of the
25 Atlantic States Marine Fisheries Commission, and may enter into
26 such agreements with respect to the coordination of research,
27 enforcement or any other operations or facilities as may be
28 necessary to secure joint management of the shad fishery of the
29 Delaware River and Bay and their tributaries.
30 § 7304. Permitted nets and devices.
19790H1574B1884 - 110 -
1 (a) Unauthorized nets or devices prohibited.--The use of any
2 net or device other than those set forth in subsection (b) for
3 the catching of shad in the Delaware River and Bay and their
4 tributaries is prohibited.
5 (b) Nets and devices which may be used.--The following nets
6 and devices may be used in the Delaware River and Bay and their
7 tributaries:
8 (1) Haul seines not less than five and one-fourth inches
9 stretched mesh while being fished and not to exceed 420 feet
10 in length, whether singly or attached.
11 (2) Fyke or hoop nets with leaders not exceeding 180
12 feet in length with no part of the net or leaders to be less
13 than two and one-half inches stretched mesh while being
14 fished.
15 (3) Stake gill nets, either staked or anchored, the
16 smallest stretched mesh of which shall be three inches while
17 being fished and shall not exceed 180 feet in length. A shad
18 net with minimum stretched mesh of five and one-fourth inches
19 while being fished may exceed 180 feet but may not be greater
20 than 300 feet in length.
21 (4) Drift gill nets (run around or stab nets) the
22 smallest mesh of which shall be two and three-fourths inches
23 stretched while being fished and the length of which shall
24 not exceed 1200 feet.
25 (5) Hand line, including rod and reel.
26 § 7305. Season and lift period.
27 (a) Season.--The taking of shad in the Delaware River and
28 Bay and their tributaries is prohibited except between March 1
29 and June 10.
30 (b) Lift period.--During the season when shad may be caught
19790H1574B1884 - 111 -
1 under subsection (a) it is unlawful for any nets to be in
2 operation between 2 p.m. on Saturday and 12 midnight Sunday.
3 § 7306. License required for catching shad with nets.
4 (a) General rule.--The commission shall, by a special shad
5 license, permit the use in the waters of the Delaware River and
6 Bay and their tributaries within this Commonwealth of the nets
7 specified in section 7304 (relating to permitted nets and
8 devices) for the taking of shad. No person shall use any net to
9 take shad in these waters without first procuring a shad license
10 from the commission.
11 (b) Duration and renewal.--All shad licenses shall be issued
12 annually for the duration of a fishing season beginning on March
13 1 and expiring on June 10 and shall be renewable annually for
14 the same period except as otherwise provided in this chapter.
15 (c) License to list gear and location.--All shad licenses
16 shall list specifically the number and type of units of gear or
17 the length of gear authorized and the area in which they are
18 licensed to operate if the operations authorized are limited as
19 to area.
20 § 7307. Limitations on issuance of license.
21 (a) General rule.--Except as otherwise provided in this
22 chapter, no license shall be issued:
23 (1) To a person not engaged in such operations during
24 the season immediately preceding that for which application
25 for the shad license is made.
26 (2) To extend operations of the applicant beyond those
27 of the last year in which those operations were carried on
28 either by increasing the fishing capacity or the size or
29 number of units of gear employed at that time.
30 (3) To operate a fixed net on a location already
19790H1574B1884 - 112 -
1 occupied by another licensee or within 1500 feet thereof,
2 measured at right angles to the line of stakes, unless the
3 other licensee has failed to apply for renewal of his license
4 on or before January 1 of the year for which the license is
5 to be issued.
6 (b) Renewal of license.--A licensee who does not engage in
7 any or some of the fishing operations licensed may renew his
8 license for those operations in the following season, but if he
9 fails to engage in some or all of the operations licensed for
10 two successive seasons he shall lose his right to renew and must
11 apply for any further license as a new applicant with respect to
12 those operations licensed but not engaged in.
13 § 7308. Issuance of additional licenses.
14 (a) When authorized.--When the United States Fish and
15 Wildlife Service or its successor certifies that the catch of
16 shad in the Delaware River and Bay and their tributaries for the
17 preceding year totals 500,000 fish, the executive director shall
18 consult with the pertinent administrative and other officials of
19 the states of New York, New Jersey and Delaware, constituting
20 the Middle Atlantic Section of the Atlantic States Marine
21 Fisheries Commission, and with the technical advisers of the
22 United States Fish and Wildlife Service or its successor and,
23 after such consultation and on the basis of all the scientific
24 evidence available to the commission through these and other
25 sources, if the commission finds that a limited number of
26 additional operators or increased units of gear may be licensed
27 for the following season without impairing the annual yield of
28 the fishery it may authorize additional licenses.
29 (b) Determining number of licenses.--In determining the
30 number of additional licenses, the commission shall give due
19790H1574B1884 - 113 -
1 consideration to the findings of the United States Fish and
2 Wildlife Service or its successor. The commission may enter into
3 such administrative agreements with the pertinent administrative
4 officials of any of the other states enumerated in subsection
5 (a) as may be necessary to establish a joint limitation of
6 licenses and such cooperative programs as may be deemed
7 necessary for the re-establishment of the shad fishery of the
8 Delaware River and Bay and their tributaries in such manner as
9 to promote the maximum sustained annual yield therefrom.
10 (c) Notice of proposed additional licenses.--When additional
11 units of gear are to be licensed, the executive director shall
12 give public notice, by advertisement once a week for two
13 successive weeks in at least two daily newspapers of the
14 counties of the state bordering on the Delaware River, of the
15 additional units of gear to be licensed and the areas where they
16 may be operated, and shall state that applications may be
17 received up to January 1 next succeeding the publication of the
18 notice.
19 (d) Grounds for refusing license.--The executive director
20 may decline to receive any application for an additional license
21 when, after due notice and opportunity for hearing, he finds
22 that the applicant is not qualified by character, experience,
23 financial responsibility and equipment to conduct properly the
24 fishing operation applied for, or when, after due notice and
25 opportunity for hearing, he finds that it is necessary, in order
26 to maintain the stability of the industry or prevent conditions
27 leading to monopoly, to prefer the applications of new operators
28 over the extension of the operations of previous licenses, or,
29 in the licensing of extended operations, to prefer small over
30 large operators.
19790H1574B1884 - 114 -
1 (e) Time and method of issuance.--On January 1 of each year,
2 the commission shall issue such additional licenses as may be
3 authorized for that year under the provisions of this section,
4 the recipients of such licenses and the locations of fixed nets
5 to be chosen by lot from among the applications received
6 whenever there are more applicants than available licenses or
7 more than one applicant for any location.
8 § 7309. License fees.
9 The commission may issue the following shad fishing licenses
10 which shall be valid only during the shad fishing season for
11 which issued, as provided in this chapter, upon written
12 application therefor, signed by the applicant, and upon payment
13 to said commission of the following fees:
14 (1) Commercial shad fishing license, $10.
15 (2) Noncommercial shad fishing license under which
16 applicant is not permitted to catch more than ten shad in any
17 one day, $1.
18 § 7310. Records and reports by licensees.
19 Each shad licensee shall keep a daily record of his catch on
20 forms provided by the commission and shall provide a copy of his
21 record for the commission at weekly intervals during the fishing
22 season.
23 § 7311. Transfer of license.
24 (a) When authorized.--A shad license to operate any nets
25 permitted under this chapter may be transferred whenever the
26 owner of the nets, boats, gear and other equipment sells or
27 conveys them by bill of sale for a bona fide consideration to
28 any person who is eligible under the provisions of this chapter.
29 (b) Application, fee and issuance.--The transfer shall be
30 made only upon surrender of the outstanding shad license and the
19790H1574B1884 - 115 -
1 execution of an application by the new owner or owners as in the
2 case of an original application and the payment of the sum of
3 $2.50 as a transfer fee, whereupon the commission shall issue a
4 new shad license for the remainder of the license season.
5 § 7312. Withdrawal of licenses issued in prior year.
6 (a) General rule.--When the United States Fish and Wildlife
7 Service or its successor certifies, on the basis of scientific
8 evidence, that the catch of shad in the Delaware River and Bay
9 and their tributaries has declined 100,000 fish or more under
10 the previous year's catch in such waters and that there is
11 evidence of prospective depletion, or when the commission, after
12 investigation and on the basis of scientific evidence, finds
13 that the fishery is threatened by depletion or that the fishing
14 rate is to high to permit the continuance of a constant annual
15 yield or that present exploitation threatens the future maximum
16 yield of that fishery, it shall provide for the withdrawal in
17 the following season of some or all of the licenses previously
18 issued. In this connection, it may enter into administrative
19 agreements with the pertinent administrative officials of the
20 other states mentioned in section 7308 (relating to issuance of
21 additional licenses) for the purpose of arranging a joint
22 reduction of units of gear.
23 (b) Notice of intention.--When units of gear are to be
24 reduced, the commission shall give public notice, in the manner
25 set forth in section 7308, of intention to do so and of the
26 number and character of units of gear to be withdrawn and from
27 which areas.
28 (c) Method of withdrawal.--In effecting a reduction of
29 fishing effort under the provisions of this section the
30 commission shall withdraw shad licenses to be affected in the
19790H1574B1884 - 116 -
1 inverse order in which the shad licenses were issued except that
2 if reduction of fishing intensity is sought with respect to a
3 particular area or a particular operation license, withdrawals
4 shall be in the inverse order in which the licenses were issued
5 for that area or operation. In all instances where this
6 procedure cannot be followed, resort shall be had to lots.
7 § 7313. Suspension or revocation of license.
8 (a) Suspension.--The commission, after due notice and
9 hearing, may suspend for a suitable period the shad license of
10 any person who is found by them to have done any of the
11 following:
12 (1) Made a false statement in the application for a
13 license.
14 (2) Violated any shad regulation contained in this
15 chapter.
16 (3) Failed to make required shad reports.
17 (b) Revocation.--For a second infraction, the commission
18 may, after due notice and hearing, revoke the shad license of
19 the offender.
20 (c) Judicial review.--Any applicant or licensee aggrieved by
21 an adjudication of the commission may appeal in accordance with
22 Title 2 (relating to administrative law and procedure). Whether
23 or not a supersedeas is granted, the licensee may continue to
24 fish for shad up to the date of the final decision of the court
25 without being held to have violated the provisions of this
26 chapter.
27 § 7314. Penalty.
28 Any person violating the provisions of this chapter commits a
29 summary offense of the first degree.
30 Section 2. Repeals.--(a) Absolute repeals.--The following
19790H1574B1884 - 117 -
1 acts and parts of acts are repealed:
2 Act of May 4, 1871 (P.L.250, No.237), entitled "An act to
3 regulate the sale of clams and oysters."
4 Act of May 1, 1873 (P.L.89, No.61), entitled "An act to amend
5 and consolidate the several acts relating to game and game
6 fish."
7 Act of May 8, 1876 (P.L.146, No.120), entitled "A supplement
8 to an act, entitled 'An Act to amend and consolidate the several
9 acts relating to game and game fish,' approved May first, Anno
10 Domini one thousand eight hundred and seventy-three, to require
11 all persons engaged in any of the manufacturing interests of
12 this state accustomed to the washing of iron and other ores, and
13 of coal preparatory to its use for coking, and engaged in the
14 business of tanning, to prepare a tank or other suitable
15 receptacle into which the sediment, culm or cola dust, the
16 offal, refuse and the tan bark and liquor therefrom used in
17 tanning, so far as is practicable, may be prevented from passing
18 into or upon any of the rivers, lakes, ponds or streams of this
19 commonwealth."
20 Act of June 3, 1878 (P.L.157, No.205), entitled "An act for
21 the protection of game and game fish, in the county of Pike, and
22 conferring certain powers and privileges upon incorporated clubs
23 or societies, in said county, having for their object the
24 preservation of game and game fish."
25 Act of April 6, 1903 (P.L.155, No.111), entitled "An act to
26 regulate the catching or taking, within this Commonwealth, of
27 bullfrogs and terrapin, and providing a penalty therefor."
28 Act of April 27, 1903 (P.L.319, No.244), entitled "An act
29 authorizing the taking of eels, in this Commonwealth, upon
30 procuring a license so to do, and defining the manner in which
19790H1574B1884 - 118 -
1 they may be taken, and the license-fees which shall be paid."
2 Act of April 22, 1905 (P.L.287, No.200), entitled "A joint
3 resolution authorizing the Commissioner of Fisheries to allow
4 the use of the tanks used by the Department of Fisheries at the
5 Louisiana Purchase Exposition, at Saint Louis, and also the
6 mounted specimens of fish, birds and mammals, by the city of
7 Philadelphia, for the purposes of an aquarium; and to authorize
8 the Commissioner of Fisheries to supply said aquarium, from time
9 to time, with living Pennsylvania fishes."
10 Act of April 22, 1909 (P.L.118, No.72), entitled "An act
11 providing for the Department of Fisheries of the Commonwealth of
12 Pennsylvania entering upon and occupying, with the approval of
13 the United States, certain lands on the peninsula known as
14 Presque Isle, in Erie County, Pennsylvania, and improving the
15 same and the ponds thereon, and establishing a hatchery thereon
16 for the propagation of game and food fishes; to erect buildings
17 and structures thereon suitable for that purpose, and to make
18 walks and roads on said lands, for ingress to and over said
19 premises, and for the proper care and maintenance of the same."
20 Section 302 and Article XXVII, act of April 9, 1929 (P.L.177,
21 No.175), known as "The Administrative Code of 1929."
22 Act of May 5, 1931 (P.L.90, No.66), entitled "An act
23 according to the United States Commissioner of Fisheries, and
24 his agents, the right to conduct fish hatching and fish culture
25 at a fish-cultural station established by the United States
26 within the Commonwealth."
27 Act of May 28, 1931 (P.L.202, No.121), known as the "Boat
28 Law."
29 Act of July 1, 1937 (P.L.2647, No.512), entitled "An act
30 providing for the reciprocal enforcement of violations of the
19790H1574B1884 - 119 -
1 fishing laws in boundary waters between Pennsylvania and the
2 States of New York and New Jersey."
3 Act of June 1, 1943 (P.L.798, No.335), entitled "An act
4 providing that the State of Pennsylvania may enter into a
5 compact with any one or more of the States of Maine, New
6 Hampshire, Massachusetts, Connecticut, Rhode Island, New York,
7 New Jersey, Delaware, Maryland, Virginia, North Carolina, South
8 Carolina, Georgia and Florida, and with such other states as may
9 join, to promote the better utilization of the fisheries,
10 marine, shell and anadromous of the Atlantic Seaboard, and to
11 create the Atlantic States Marine Fisheries Commission;
12 providing for the members of such commission from the State of
13 Pennsylvania; providing for the carrying out of said compact;
14 and making an appropriation."
15 Act of May 9, 1949 (P.L.926, No.260), entitled "A supplement
16 to the act, approved the first day of June, one thousand nine
17 hundred forty-three (Pamphlet Laws 798), entitled 'An act
18 providing that the State of Pennsylvania may enter into a
19 compact with any one or more of the States of Maine, New
20 Hampshire, Massachusetts, Connecticut, Rhode Island, New York,
21 New Jersey, Delaware, Maryland, Virginia, North Carolina, South
22 Carolina, Georgia and Florida, and with such other states as may
23 join, to promote the better utilization of the fisheries,
24 marine, shell and anadromous of the Atlantic Seaboard, and to
25 create the Atlantic States Marine Fisheries Commission;
26 providing for the members of such commission from the State of
27 Pennsylvania; providing for the carrying out of said compact;
28 and making an appropriation,' by authorizing the Governor to
29 enter into an amendment of the Atlantic States Marine Fisheries
30 Compact providing that two or more states may constitute their
19790H1574B1884 - 120 -
1 representatives on such commission as a joint agency for the
2 regulation of specific fisheries in which they have a common
3 interest and may delegate to such agency such responsibility and
4 duties as they may mutually agree upon."
5 Act of May 11, 1949 (P.L.1203, No.366), entitled "An act for
6 the protection and conservation of shad in the Delaware River
7 and Bay and their tributaries by regulating the take or catch
8 thereof."
9 Act of April 20, 1951 (P.L.225, No.33), entitled "An act
10 assenting to the provisions of the act of Congress, entitled 'An
11 act to provide that the United States shall aid the States in
12 fish restoration and management projects, and for other
13 purposes,' approved August ninth, one thousand nine hundred and
14 fifty, and conferring certain powers and duties on the
15 Pennsylvania Fish Commission."
16 Act of June 19, 1953 (P.L.279, No.54), entitled "An act to
17 prohibit operation of boats having a developed horsepower rating
18 in excess of ten on Canadohta Lake, in Crawford County."
19 Act of October 22, 1955 (P.L.721, No.205), entitled "An act
20 prohibiting operation of boats having a manufacturer's
21 horsepower rating in excess of seven and one-half on Quaker Lake
22 in Susquehanna County."
23 Act of December 15, 1959 (P.L.1779, No.673), known as "The
24 Fish Law of 1959."
25 Act of July 3, 1963 (P.L.185, No.111), entitled "An act to
26 prohibit operation of boats having a developed horsepower rating
27 in excess of six on Sugar Lake in Crawford County."
28 Act of October 25, 1967 (P.L.478, No.227), entitled "An act
29 relating to maximum capacity of certain vessels and boats;
30 providing for capacity plates; prescribing powers and duties of
19790H1574B1884 - 121 -
1 the Pennsylvania Fish Commission and prescribing penalties."
2 Act of January 10, 1971 (P.L.669, No.178), entitled "An act
3 authorizing residents of Maryland to fish in certain reservoirs
4 in Pennsylvania under certain circumstances without obtaining a
5 Pennsylvania fishing license."
6 (b) General repeal.--All other acts and parts of acts are
7 repealed insofar as they are inconsistent with this act.
8 Section 3. Effective date.--This act shall take effect in 90
9 days.
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