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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, SOLOBAY, FONTANA, MENSCH, RAFFERTY, YUDICHAK, PIPPY, EICHELBERGER, KASUNIC, BOSCOLA, BRUBAKER, WOZNIAK, BAKER AND BLAKE, JANUARY 31, 2012 |
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| REFERRED TO GAME AND FISHERIES, JANUARY 31, 2012 |
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| AN ACT |
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1 | Amending Title 30 (Fish) of the Pennsylvania Consolidated |
2 | Statutes, further providing for the definition of "fishing," |
3 | for organization of commission, for deputy waterways |
4 | conservation officers, for volunteer program, and for |
5 | collection fee for uncollectible checks; providing for damage |
6 | to property; further providing for control of property, for |
7 | powers and duties of waterways conservation officers and |
8 | deputies and for enforcement of other laws; providing for |
9 | unlawful use of computer and for liability for conduct of |
10 | another and for complicity; further providing for suspension |
11 | of privileges pending payment of penalties, for misuse of |
12 | property and waters, for littering, for possession and |
13 | display of licenses, for lost fishing licenses, for |
14 | institutional licenses, for exemptions from license |
15 | requirements, for eel chute licenses, for net permits, for |
16 | boat and net licenses for boundary lakes, for penalties, for |
17 | fees, for boating education, for fees, for general boating |
18 | regulations, for chemical testing to determine amount of |
19 | alcohol or controlled substance, for issuing agents, for |
20 | period of registration and for fees; providing for |
21 | unauthorized operation of boats, for permitting violations |
22 | and for duties of operators involved in boating accidents; |
23 | and making editorial changes. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. The definition of "fishing" in section 102 of |
27 | Title 30 of the Pennsylvania Consolidated Statutes is amended to |
28 | read: |
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1 | § 102. Definitions. |
2 | Subject to additional definitions contained in subsequent |
3 | provisions of this title which are applicable to specific |
4 | provisions of this title, the following words and phrases when |
5 | used in this title shall have, unless the context clearly |
6 | indicates otherwise, the meanings given to them in this section: |
7 | * * * |
8 | "Fishing." The act of angling, or to catch, take, kill or |
9 | remove or the attempt to catch, take, kill or remove from any |
10 | lands within or waters [or other areas] within or bordering on |
11 | this Commonwealth any fish by any means or method for any |
12 | purpose whatsoever. |
13 | * * * |
14 | Section 2. Sections 301(a), 305(a) and (b), 327(d)(4) and |
15 | 502 of Title 30 are amended to read: |
16 | § 301. Organization of commission. |
17 | (a) Composition.--The Pennsylvania Fish and Boat Commission |
18 | is continued as an independent administrative commission and |
19 | shall consist of ten competent citizens of this Commonwealth who |
20 | shall be appointed by the Governor by and with the advice and |
21 | consent of [two-thirds] a majority of the members elected to the |
22 | Senate for terms of eight years and until their successors are |
23 | appointed and qualified. |
24 | * * * |
25 | § 305. Deputy waterways conservation officers. |
26 | (a) Appointment and training.--The executive director, with |
27 | the approval of the commission, may appoint deputy waterways |
28 | conservation officers to act anywhere within this Commonwealth. |
29 | Newly appointed deputy waterways conservation officers, |
30 | excluding reappointments, shall attend such training programs as |
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1 | may be required by the commission, which shall include at a |
2 | minimum: |
3 | (1) Successful completion of training and obtaining a |
4 | certificate of qualification under the act of October 10, |
5 | 1974 (P.L.705, No.235), known as the Lethal Weapons Training |
6 | Act, or equivalent training as determined by the executive |
7 | director, prior to appointment. |
8 | (2) Successful completion of not less than 250 hours of |
9 | law enforcement classroom and on-the-job training. |
10 | All deputy waterways conservation officers, including |
11 | reappointments, shall attend all annual in-service training as |
12 | may be required by the commission. Persons appointed under this |
13 | section may exercise the powers of their appointments until |
14 | December 31 of each year unless their appointment is sooner |
15 | revoked, suspended or withdrawn. |
16 | (b) Compensation.--Deputy waterways conservation officers |
17 | shall not be entitled to any salary, compensation or expenses |
18 | for their services from the Commonwealth, unless [detailed in |
19 | writing for duty] authorized by the executive director of the |
20 | commission, in which case they shall receive compensation and/or |
21 | reasonable expenses in accordance with a Statewide pay scale and |
22 | standards as established by the Executive Board. [Only such |
23 | duties or assignments as are approved in advance by the |
24 | executive director or his designee shall be eligible for |
25 | compensation and/or reasonable expenses.] Deputy waterways |
26 | conservation officers are volunteers. When acting within the |
27 | scope of their official duties, deputy waterways conservation |
28 | officers shall be authorized to operate Commonwealth vehicles |
29 | and watercraft and shall be treated as employees of the |
30 | Commonwealth for the purposes of automotive and general |
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1 | liability and the act of June 2, 1915 (P.L.736, No.338), known |
2 | as the Workers' Compensation Act. |
3 | * * * |
4 | § 327. Volunteer program. |
5 | * * * |
6 | (d) Status of volunteers.-- |
7 | * * * |
8 | (4) No volunteer shall be assigned to any full-time or |
9 | wage position that is covered by any labor agreement, |
10 | presently filled, vacant or authorized in the commission. |
11 | * * * |
12 | § 502. [Collection fee] Service charge for uncollectible |
13 | checks. |
14 | Whenever any check or similar instrument issued in payment of |
15 | any fee, fine or for any other purpose under this title is |
16 | returned to the commission as uncollectible, the person who |
17 | makes, issues or presents the check or other instrument shall be |
18 | charged a [fee of $15] service charge of up to $50, to be |
19 | credited to the Fish Fund or the Boat Fund, as appropriate, to |
20 | cover the cost of collection. |
21 | Section 3. Title 30 is amended by adding a section to read: |
22 | § 703. Damage to property. |
23 | It is unlawful to intentionally or recklessly destroy or |
24 | cause damage to property owned, leased or otherwise controlled |
25 | by the commission or any improvements thereon. Any person who |
26 | intentionally causes pecuniary loss in excess of $5,000 commits |
27 | a felony of the third degree. Any person who intentionally |
28 | causes pecuniary loss in excess of $1,000 commits a misdemeanor |
29 | of the second degree. Any person who intentionally or recklessly |
30 | causes pecuniary loss in excess of $500 commits a misdemeanor of |
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1 | the third degree. Otherwise destroying or causing damage to |
2 | commission property or any improvements thereon is a summary |
3 | offense of the first degree. |
4 | Section 4. Sections 741(a) and 901(a)(12), (13) and (16) and |
5 | 902 of Title 30 are amended to read: |
6 | § 741. Control of property. |
7 | (a) General rule.--The entire control of all lands or waters |
8 | owned, leased or otherwise controlled shall be under the sole |
9 | direction of the commission and the commission may promulgate |
10 | such rules and regulations for its use and protection as it |
11 | deems necessary or in the best interests of the Commonwealth. |
12 | The acquisition, use and management of such lands or waters |
13 | owned, leased or otherwise controlled by the commission shall |
14 | not be subject to regulation by counties or municipalities. |
15 | * * * |
16 | § 901. Powers and duties of waterways conservation officers and |
17 | deputies. |
18 | (a) Waterways conservation officers.--Every waterways |
19 | conservation officer shall have the power and duty to: |
20 | * * * |
21 | (12) When [acting within the scope of their employment, |
22 | to] in the performance of their duties, pursue, apprehend or |
23 | arrest any individual suspected of violating any provision of |
24 | Title 18 (relating to crimes and offenses) or any other |
25 | offense classified as a misdemeanor or felony. They shall |
26 | also have the power to serve and execute warrants issued by |
27 | the proper authorities for offenses referred to in this |
28 | paragraph and to serve subpoenas issued for examination. All |
29 | powers as provided for in this paragraph will be limited by |
30 | such administrative procedure as the executive director, with |
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1 | the approval of the commission, shall prescribe. |
2 | (13) Arrange for the administration of chemical tests of |
3 | breath, blood or urine to persons operating or in actual |
4 | physical control of watercraft for the purpose of determining |
5 | the alcoholic content of blood or the presence of a |
6 | controlled substance under section 5125 (relating to chemical |
7 | testing to determine amount of alcohol or controlled |
8 | substance), by qualified personnel of a State or local police |
9 | department, qualified waterways [patrolmen] conservation |
10 | officers or qualified personnel of a clinical laboratory |
11 | licensed and approved by the Department of Health. A |
12 | waterways [patrolman] conservation officer may administer |
13 | chemical tests under this paragraph if he is qualified and |
14 | the executive director designates him to do so. |
15 | * * * |
16 | (16) [Operate a Commonwealth-owned and marked vehicle, |
17 | permanently or temporarily equipped with a type of flashing |
18 | or rotating red light or lights or audible device, or both, |
19 | upon any street or highway within this Commonwealth when |
20 | performing duties within the scope of employment.] Operate |
21 | any vehicle owned or leased by the Commonwealth and used for |
22 | law enforcement purposes, equipped with flashing or rotating |
23 | lights of such color and combination and audible devices as |
24 | authorized in the definition of "emergency vehicle" in 75 |
25 | Pa.C.S. § 102 (relating to definitions) upon any street or |
26 | highway within this Commonwealth in the performance of their |
27 | duties. Drivers of Commonwealth-owned or Commonwealth-leased |
28 | vehicles equipped with lights and audible devices as |
29 | authorized in this subchapter may exercise the privileges and |
30 | shall be subject to the conditions as set forth in 75 Pa.C.S. |
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1 | § 3105 (relating to drivers of emergency vehicles). |
2 | * * * |
3 | § 902. Enforcement of other laws. |
4 | All waterways [patrolmen] conservation officers and deputy |
5 | waterways [patrolmen] conservation officers are authorized to |
6 | enforce all the laws of this Commonwealth, and rules and |
7 | regulations promulgated thereunder, relating to game, parks and |
8 | forestry, under the direction of the Pennsylvania Game |
9 | Commission and of the [Department of Environmental Resources] |
10 | Department of Conservation and Natural Resources, respectively. |
11 | Section 5. Title 30 is amended by adding sections to read: |
12 | § 910. Unlawful use of computer. |
13 | It is unlawful to use a computer, computer network or |
14 | electronic device with the intent to falsify or forge electronic |
15 | mail transmissions, electronic transactions or other electronic |
16 | information in any manner in connection with the purchase of a |
17 | fishing license, boat registration or other commission-issued |
18 | license, permit or privilege through or into the computer |
19 | network of an electronic mail service provider, Internet service |
20 | provider or computer system of the commission and its agents. |
21 | Any person violating this section commits a misdemeanor of the |
22 | second degree. |
23 | § 911. Liability for conduct of another; complicity. |
24 | (a) General rule.--A person is guilty of an offense under |
25 | this title if it is committed by his own conduct or by the |
26 | conduct of another person for which he is legally accountable, |
27 | or both. |
28 | (b) Conduct of another.--A person is legally accountable for |
29 | the conduct of another person when: |
30 | (1) acting with the kind of culpability that is |
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1 | sufficient for the commission of the offense, he causes an |
2 | innocent or irresponsible person to engage in such conduct; |
3 | (2) he is made accountable for the conduct of such other |
4 | person by this title or by the law defining the offense; or |
5 | (3) he is an accomplice of such other person in the |
6 | commission of the offense. |
7 | (c) Accomplice defined.--A person is an accomplice of |
8 | another person in the commission of an offense if: |
9 | (1) with the intent of promoting or facilitating the |
10 | commission of the offense, he: |
11 | (i) solicits such other person to commit it; or |
12 | (ii) aids or agrees or attempts to aid such other |
13 | person in planning or committing it; or |
14 | (2) his conduct is expressly declared by law to |
15 | establish his complicity. |
16 | (d) Culpability of accomplice.--When causing a particular |
17 | result is an element of an offense, an accomplice in the conduct |
18 | causing such result is an accomplice in the commission of that |
19 | offense, if he acts with the kind of culpability, if any, with |
20 | respect to that result that is sufficient for the commission of |
21 | the offense. |
22 | (e) Status of the actor.--In any prosecution for an offense |
23 | in which criminal liability of the defendant is based upon the |
24 | conduct of another person under this section, it is no defense |
25 | that the offense in question, as defined, can be committed only |
26 | by a particular class or classes or person, and the defendant, |
27 | not belonging to such class or classes, is for that reason |
28 | legally incapable of committing the offense in an individual |
29 | capacity. |
30 | (f) Exceptions.--Unless otherwise provided by this title or |
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1 | by the law defining the offense, a person is not an accomplice |
2 | in an offense committed by another person if: |
3 | (1) he is a victim of that offense; |
4 | (2) the offense is so defined that his conduct is |
5 | inevitably incident to its commission; or |
6 | (3) he terminates his complicity prior to the commission |
7 | of the offense and: |
8 | (i) wholly deprives it of effectiveness in the |
9 | commission of the offense; or |
10 | (ii) gives timely warning to the law enforcement |
11 | authorities or otherwise makes proper efforts to prevent |
12 | the commission of the offense. |
13 | (g) Prosecution of accomplice only.--An accomplice may be |
14 | convicted on proof of the commission of the offense and of his |
15 | complicity therein, though the person claimed to have committed |
16 | the offense has not been prosecuted or convicted or has been |
17 | convicted of a different offense or degree of offense or has an |
18 | immunity to prosecution or conviction or has been acquitted. |
19 | Section 6. Sections 929, 2501, 2503(c), 2703(a), 2704, 2708, |
20 | 2709(e), 2901, 2902, 2903(b), (c) and (h), 2908, 3102, 5103(i), |
21 | 5104, 5123(b), 5125(b)(2)(ii), 5304(d), 5308 and 5327 of Title |
22 | 30 are amended to read: |
23 | § 929. Suspension of privileges pending payment of penalties. |
24 | All fishing and boating privileges granted by this title |
25 | shall automatically be suspended if a defendant fails to respond |
26 | to a citation or summons within 30 days or fails to pay all |
27 | penalties in full within 90 days following conviction or a |
28 | guilty plea. |
29 | § 2501. Misuse of property and waters. |
30 | (a) General rule.--It is unlawful for any person to commit |
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1 | any of the following acts in or along any waters or lands |
2 | adjacent to or contiguous to waters within or bordering on this |
3 | Commonwealth: |
4 | (1) Park or leave standing any motor vehicle or other |
5 | means of conveyance in such a manner as to obstruct the owner |
6 | or his lessee ingress, egress or regress to his property or |
7 | cattleways without the permission of the owner or lessee of |
8 | the land. |
9 | (2) Drive a motor vehicle, all terrain vehicle or other |
10 | type of conveyance on or over any lands or waters, including |
11 | frozen waters, without the permission of the owner or lessee |
12 | of the land. |
13 | (3) Start, build, tend or abandon any open fire without |
14 | the permission of the owner or lessee of the land. |
15 | (4) Dig, cut or disturb in any manner lands, shrubs, |
16 | trees or other vegetation without the permission of the owner |
17 | or lessee of the land. |
18 | (5) Sever fences or cause any other change or damage to |
19 | public or private property without the permission of the |
20 | owner or lessee of the land. |
21 | (6) Run any vehicle, except fording in the most direct |
22 | manner, in any stream. |
23 | (7) Refuse to identify himself upon request to the owner |
24 | or the lessee of the land or waters upon which he is present. |
25 | (8) While in the act of fishing, fish in a water area or |
26 | enter a riparian area clearly marked and posted by the |
27 | commission as a no fishing zone. |
28 | (b) Penalty.-- |
29 | (1) Except as provided in paragraph (2), any person |
30 | violating any of the provisions of this section commits a |
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1 | summary offense of the second degree. |
2 | (2) Any person who violates subsection (a)(1), (3) [or], |
3 | (7) or (8) commits a summary offense of the third degree. |
4 | (3) Any person convicted of violations under paragraph |
5 | (1) or (2) may, in addition to any penalty imposed, have his |
6 | fishing license revoked for a period of one year. |
7 | § 2503. Littering. |
8 | * * * |
9 | (c) Penalty.--Any person who deposits or otherwise disposes |
10 | of a thing or substance in violation of this section which |
11 | causes or may cause damage to, or destruction of, fish commits a |
12 | summary offense of the first degree. Any person who transports |
13 | household refuse or garbage from another location and disposes |
14 | of it by leaving it on lands or waters open to fishing or |
15 | boating commits a summary offense of the second degree. Any |
16 | person who otherwise violates this section commits a summary |
17 | offense of the third degree. In addition to the penalties set |
18 | forth in section 923 (relating to classification of offenses and |
19 | penalties), an additional penalty of [$10] not less than $20 nor |
20 | more than $50 for each item or piece of litter thrown, |
21 | discarded, left, emitted or deposited in violation of this |
22 | section may be imposed on any person who is convicted or |
23 | acknowledges guilt of a violation of this section. |
24 | § 2703. Possession and display of licenses. |
25 | (a) General rule.--No person 16 years of age or older shall |
26 | fish in any of the waters of this Commonwealth [or], in any |
27 | boundary waters or on land without first procuring the proper |
28 | license required by this chapter. The license shall be kept |
29 | about the person while fishing and shown upon the request of any |
30 | waterways conservation officer or other officer designated by |
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1 | the commission. In addition to showing the license to the |
2 | officer, the holder thereof shall, upon demand, establish his |
3 | further identity to the satisfaction of the officer by producing |
4 | some other positive means of identification. The commission may |
5 | promulgate rules and regulations for the displaying of the |
6 | license certificate, license button or other device, as it deems |
7 | necessary. |
8 | * * * |
9 | § 2704. Lost fishing licenses. |
10 | In case a license certificate is lost or [detroyed] |
11 | destroyed, a new license may be secured from the commission or |
12 | any issuing agent [upon making affidavit to that effect and] by |
13 | paying the replacement license fee and issuing agent fee set |
14 | forth in section 2715 (relating to license and issuing fees). |
15 | § 2708. Institutional licenses. |
16 | Any resident of this Commonwealth who is a resident patient |
17 | in a Commonwealth owned [and supported institution for mental |
18 | disability, geriatric center, tubercular hospital] or supported |
19 | medical or rehabilitation institution or county home or |
20 | hospital, [or any veteran who is] is a veteran and a patient in |
21 | a United States Government Veterans' Administration Hospital or |
22 | in a State veterans' home, or [who] is a juvenile of a State |
23 | youth development center or forestry camp, and who may benefit |
24 | from recreational fishing during the course of treatment, |
25 | rehabilitation or hospitalization [may be issued a resident |
26 | fishing license without paying a license fee] is eligible for |
27 | inclusion on an institutional fishing license issued by the |
28 | commission to a qualifying institution at no cost. [Licenses |
29 | authorized by this section may be issued by the superintendent |
30 | or chief medical officer of the institution who shall sign an |
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1 | affidavit certifying that recreational fishing may be of benefit |
2 | to the rehabilitation of the patient and that the patient is an |
3 | inpatient of the institution. The affidavits, and records of the |
4 | number and to whom the licenses were issued, shall be forwarded |
5 | to the commission on such forms as the commission shall |
6 | provide.] The commission shall establish policies and procedures |
7 | for the issuance of institutional licenses. The commission may |
8 | revoke license issuing privileges of any institution for failure |
9 | to comply with any provisions of this chapter [or], the |
10 | regulations promulgated thereunder and the policies and |
11 | procedures established hereunder. |
12 | § 2709. Exemptions from license requirements. |
13 | * * * |
14 | (e) [Students participating in biological field project.--A |
15 | student enrolled in a secondary or undergraduate course of |
16 | instruction shall not be required to possess a fishing license |
17 | to gather specimens while participating in an educationally |
18 | sponsored biological field project that is under the direct |
19 | supervision of a high school or accredited institution of |
20 | postsecondary education as long as the educational institution |
21 | has applied for and received the written permission of the |
22 | commission.] Participants in educational programs.--A |
23 | participant in an educational program shall not be required to |
24 | possess a fishing license while participating in the educational |
25 | program provided that the program meets the standards |
26 | established by the executive director and is under the direct |
27 | supervision of an instructor who possesses a valid fishing |
28 | license and the program sponsor has applied for and received the |
29 | written permission of the executive director. |
30 | * * * |
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1 | [§ 2901. Eel chute licenses. |
2 | Upon application by any person to the commission for a |
3 | special license to catch eel by the use and operation of eel |
4 | chutes and the payment of a fee of $25, the applicant shall be |
5 | entitled to a special eel chute license which shall give him the |
6 | right to use and operate an eel chute: |
7 | (1) In the Susquehanna River below the boundary line of |
8 | the City of Pittston and Duryea Borough line on the north |
9 | branch and below the bridge at the Northumberland-Lycoming |
10 | County line on the west branch. |
11 | (2) Below Mount Union in the Juniata River. |
12 | (3) In the Delaware River.] |
13 | § 2902. Net permits. |
14 | The commission may issue permits to [make, sell or] use or |
15 | possess nets larger than four feet square or four feet in |
16 | diameter, or any other seine, trawl or gill net in or along |
17 | waters of this Commonwealth. The permits when issued shall |
18 | specify when and where the nets shall be used and for what |
19 | purposes by the owner or the persons in possession [thereof at a |
20 | fee of $10] of the nets. The fee for a net permit shall be $15. |
21 | § 2903. Boat and net licenses for boundary lakes. |
22 | * * * |
23 | (b) Issuance and fees.--The commission may issue a |
24 | commercial fishing license to a person who has signed and |
25 | submitted his application and paid a fee as follows: |
26 | [(5) Boats less than 60 feet in length used in fishing |
27 | with a trawl net: residents, $200; nonresidents, $400. |
28 | (6)] (1) Trap nets: residents, $80; nonresidents, $160. |
29 | [(7)] (2) Seines: residents, $50; nonresidents, $100. |
30 | [(8) Outlines: residents, $10; plus valid fishing |
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1 | license; nonresidents, $20 plus valid fishing license.] |
2 | (c) Carrying and display.--The licenses shall be carried by |
3 | the operator of any boat, net or device so licensed and by each |
4 | person employed on the boat and shall be shown on demand to any |
5 | waterways [patrolman] conservation officer or other authorized |
6 | representative of the commission. |
7 | * * * |
8 | (h) Gill nets.-- |
9 | [(1) On and after January 1, 1996, the] The use of gill |
10 | nets for fishing on boundary lakes shall be prohibited. |
11 | [(2) The commission shall establish a gill net licensee |
12 | recompense program whereby persons holding 1992 licenses to |
13 | use gill nets on boundary lakes shall be recompensed as |
14 | provided in this paragraph. The amount of the payment to each |
15 | licensee shall be based on the average of the licensee's two |
16 | highest years of catches taken with gill nets for the years |
17 | 1990, 1991, 1992, 1993 and 1994. The payment shall be the |
18 | product of such average catch multiplied by the average value |
19 | received for such catch as reported to the commission.] |
20 | § 2908. Penalties. |
21 | (a) General rule.--Except as otherwise provided in this |
22 | chapter, a person engaging in any activity for which a permit or |
23 | special license is required under this chapter without acquiring |
24 | the license or permit commits a summary offense of the second |
25 | degree. [A] Except as otherwise provided in this chapter, a |
26 | person who violates any other provision of this chapter or the |
27 | regulations promulgated thereunder commits a summary offense of |
28 | the third degree. |
29 | (b) Boundary lakes.--A person engaged in any activity for |
30 | which a permit or special license under section 2903 (relating |
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1 | to boat and net licenses for boundary lakes) is required without |
2 | obtaining such license or permit or who violates any provision |
3 | of section 2903 or the regulations promulgated thereunder |
4 | concerning seasons, size limits, total allowable catch, trap |
5 | nets and landing of catch commits a misdemeanor of the third |
6 | degree. A person who violates any other regulation promulgated |
7 | under section 2903 commits a summary offense of the first |
8 | degree. |
9 | § 3102. Fees. |
10 | (a) Class A lakes.--The annual license fee for a Class A |
11 | regulated fishing lake (except [portable trout] temporary |
12 | fishing ponds operated as regulated fishing lakes) shall be |
13 | based on the total area of fishing water on the premises to be |
14 | licensed, whether the area consists of one body of water or more |
15 | than one. |
16 | (1) Where the total area of water is less than 20 acres, |
17 | the fee shall be $100. |
18 | (2) Where the total water area is 20 acres or more but |
19 | less than 40 acres, the fee shall be $250. |
20 | (3) Where the area is 40 acres or more, the fee shall be |
21 | $500. |
22 | (b) Class B lakes.--The annual license fee for a Class B |
23 | regulated fishing lake (except [portable trout] temporary |
24 | fishing ponds operated as regulated fishing lakes) shall be |
25 | based on the total area of fishing water on the premises to be |
26 | licensed, whether the area consists of one body of water or more |
27 | than one. |
28 | (1) Where the total area of water is less than 30 acres, |
29 | the fee shall be $50. |
30 | (2) Where the total area of water is 30 acres or more, |
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1 | the fee shall be $100. |
2 | (c) [Portable] Temporary fishing ponds.-- |
3 | (1) [The] Except as otherwise provided in paragraph (3), |
4 | the annual license fee for a [portable trout] temporary |
5 | fishing pond which the operator seeks to operate as a Class A |
6 | regulated fishing lake shall be $200. |
7 | (2) The annual license fee for a [portable trout] |
8 | temporary fishing pond which the operator seeks to operate as |
9 | a Class B regulated fishing lake shall be $50. |
10 | (3) The annual license fee for a temporary fishing pond |
11 | which is operated as a Class A regulated fishing lake |
12 | exclusively by or on behalf of a nonprofit sportsmen's, |
13 | conservation or charitable organization shall be $25. |
14 | § 5103. Boating education. |
15 | * * * |
16 | (i) Other valid documentation.-- |
17 | (1) In lieu of a certificate of boating safety education |
18 | issued by the Commonwealth, a certificate of boating safety |
19 | education issued [in] to a resident of another state in |
20 | accordance with criteria of the National Association of State |
21 | Boating Law Administrators is sufficient to comply with the |
22 | requirements of this section. |
23 | (2) In lieu of a certificate of boating safety education |
24 | issued by the commission, a license issued by the United |
25 | States Coast Guard is sufficient to comply with the |
26 | requirements of this section. |
27 | * * * |
28 | § 5104. Fees. |
29 | (a) General rule.--The following fees apply to |
30 | registrations, licenses, permits and capacity plates and |
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1 | certificates issued under this part and the fees collected shall |
2 | be deposited in the State Treasury in the Boat Fund: |
3 | (1) Owner registration (motorboats less than 16 feet in |
4 | length), $13 per year. |
5 | (2) Owner registration (motorboats 16 feet to less than |
6 | 20 feet), $19.50 per year. |
7 | (2.1) Owner registration (motorboats 20 feet or longer), |
8 | $26 per year. |
9 | (2.2) Owner registration (boats not equipped with |
10 | motors), $9 per year or as fixed under subsection (b). |
11 | (3) Duplicate owner registration, $3 each. |
12 | (4) Dealer registration, $15 each per year. |
13 | (5) Commercial passenger boat registration, [$25] $50 |
14 | each. |
15 | (6) License for operator of passenger-carrying boat, |
16 | [$5] $25 each. |
17 | (7) Capacity plate, $5 each. |
18 | (8) Transfer of a multi-year boat registration, $5. |
19 | (9) Permit for floating structure and private aids to |
20 | navigation, [$10] $25 each. |
21 | (10) Boating safety education certificate, $10. |
22 | (11) Replacement boating safety education certificate, |
23 | $5. |
24 | (12) Inspection of passenger-carrying boat less than 30 |
25 | feet in length, $45. |
26 | (13) Inspection of passenger-carrying boat 30 feet to 50 |
27 | feet in length, $75. |
28 | (14) Inspection of passenger-carrying boat over 50 feet |
29 | in length, $105. |
30 | (b) Fee adjustment for nonpowered boats.--The fee for owner |
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1 | registration for boats not equipped with motors specified in |
2 | subsection (a)(2.2) shall be adjusted from time to time to |
3 | remain equal to the fees charged by the Department of |
4 | Conservation and Natural Resources for boat launch permits for |
5 | State park lakes. |
6 | § 5123. General boating regulations. |
7 | * * * |
8 | (b) Penalties.--Any person who violates a rule or regulation |
9 | promulgated under this section which the commission designates |
10 | as being for the protection of the health and safety of persons |
11 | as provided by subsection (a)(1) commits a summary offense of |
12 | the second degree. Any person who violates any other regulation |
13 | promulgated under this section commits a summary offense of the |
14 | third degree. In addition to any other penalty, any person who |
15 | is convicted or acknowledges guilt for an offense of possessing |
16 | insufficient, nonapproved or unserviceable safety equipment on a |
17 | boat, or for passengers, or persons being towed by a boat on the |
18 | waters of this Commonwealth may be fined an additional [$20] |
19 | penalty of not less than $20 nor more than $50 for every piece |
20 | of safety equipment required that is missing, not worn when |
21 | required, not of an approved type or unserviceable. |
22 | § 5125. Chemical testing to determine amount of alcohol or |
23 | controlled substance. |
24 | * * * |
25 | (b) Suspension for refusal.-- |
26 | * * * |
27 | (2) It is the duty of the waterways conservation officer |
28 | to inform the person that: |
29 | * * * |
30 | (ii) if the person refuses to submit to chemical |
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1 | testing, upon conviction or plea for violating section |
2 | 5502(a)(1), the person will be subject to the penalties |
3 | provided in section [5502(c)(3)] 5502(c.1)(3). |
4 | * * * |
5 | § 5304. Issuing agents. |
6 | * * * |
7 | (d) Disposition of moneys.--Every issuing agent shall |
8 | forward all moneys collected, along with all appropriate forms, |
9 | to the commission within [ten] five days after receipt of each |
10 | and every registration. Delinquent agents are subject to a |
11 | penalty of 10% per month or portion of a month on any |
12 | outstanding balance of registration money due the commission |
13 | which is not paid when due, which penalty shall be compounded |
14 | monthly. The commission may recall the agency of any issuing |
15 | agent after a delinquency period of 30 days. |
16 | * * * |
17 | § 5308. Period of registration. |
18 | Registrations issued under this subchapter to owners and |
19 | dealers shall be valid from April 1 of one year to March 31 of |
20 | the succeeding year and shall be renewable. A registration for |
21 | any year shall be valid and may properly be displayed prior to |
22 | April 1 within that year. The commission may determine to issue |
23 | registrations valid for a period not to exceed three years upon |
24 | payment of a fee equal to the annual registration fee times the |
25 | number of years for which the multiple-year registration is |
26 | valid. A multiple-year registration shall be valid from April 1 |
27 | of the year of its issuance until March 31 of the last year of |
28 | its validity, but a multiple-year [license] registration issued |
29 | prior to April 1 of any year is valid and may be displayed at |
30 | any time within that year. The commission may, by regulation, |
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1 | provide for the transfer of multiple-year registrations upon the |
2 | sale or conveyance of a boat upon payment of the fee provided in |
3 | section 5104(8) (relating to fees). |
4 | § 5327. Fees. |
5 | The following fees shall be due: |
6 | (1) The fee for issuance of a certificate of title shall |
7 | be [$15] $22.50. |
8 | (2) The fee for a duplicate certificate of title shall |
9 | be [$5] $22.50. |
10 | (3) The fee for recording or changing the amount of |
11 | security interest on a certificate of title shall be $5. |
12 | (4) The fee for copies of or information relating to a |
13 | title or security interest shall be $5. |
14 | (5) The fee for issuing or providing copies of any other |
15 | official document issued under the authority of this chapter |
16 | shall be $5. |
17 | (6) The fee for continuing the effectiveness of |
18 | perfection of a security interest shall be $5. |
19 | Section 7. Title 30 is amended by adding sections to read: |
20 | § 5505. Unauthorized operation of boats. |
21 | (a) Consent required.--It is unlawful for a person to |
22 | operate the boat of another without the consent of the owner. |
23 | (b) Defense.--It is a defense to prosecution under this |
24 | section that the operator reasonably believed that the owner |
25 | would have consented to the operation had the owner known of it. |
26 | (c) Penalty.--Any person violating this section commits a |
27 | summary offense of the first degree. |
28 | § 5506. Permitting violations. |
29 | (a) Offense.--It is unlawful for a person to authorize or |
30 | knowingly permit a boat owned by him or under his control to be |
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1 | operated in violation of any of the provisions of this title. |
2 | (b) Penalty.--Any person violating this section commits a |
3 | summary offense of the first degree. If the operator of the boat |
4 | is convicted under section 5502 (relating to operating |
5 | watercraft under influence of alcohol or controlled substance), |
6 | 5502.1 (relating to homicide by watercraft while operating under |
7 | influence) or 5502.2 (relating to homicide by watercraft), the |
8 | person violating this section shall also be subject to |
9 | revocation under section 928 (relating to revocation, suspension |
10 | or denial of license, permit or registration). |
11 | § 5507. Duties of operators involved in boating accidents. |
12 | (a) General rule.--The operator of a watercraft involved in |
13 | an accident shall immediately stop the watercraft at the scene |
14 | of the accident or as close thereto as possible. Every stop |
15 | shall be made without obstructing the safe navigation of other |
16 | watercraft more than is necessary. |
17 | (b) Duty to give information.--The operator of a watercraft |
18 | involved in an accident resulting in injury to or death of a |
19 | person or damage to property shall give his name, address and |
20 | the registration number of his watercraft to an officer |
21 | authorized to enforce this title, the operator or occupants of |
22 | any other watercraft involved in the accident and a person who |
23 | owns or is in control of any property damaged in the accident. |
24 | (c) Duty to render aid.--The operator of a watercraft |
25 | involved in an accident involving injury or death shall render |
26 | reasonable assistance to a person injured in the accident if the |
27 | operator can reasonably do so without endangering persons or |
28 | property. |
29 | (d) Duty to remain at or near scene.--The operator of a |
30 | watercraft involved in a watercraft accident involving injury to |
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1 | or death of a person or damage to property other than the |
2 | operator's watercraft or other property contained therein shall |
3 | remain at or near the scene of the accident until he has |
4 | fulfilled the duties described in subsection (b) if the operator |
5 | can reasonably do so without obstructing navigation of other |
6 | watercraft or endangering persons or property. When |
7 | circumstances make it clearly impractical to remain at or near |
8 | the scene of the accident on the water, the operator may fulfill |
9 | the requirements of this subsection by going to shore at a |
10 | location near the scene of the accident. |
11 | (e) Penalties.-- |
12 | (1) Except as otherwise provided in this section, any |
13 | person violating this section commits a misdemeanor of the |
14 | first degree. |
15 | (2) If a victim of an accident dies, any person |
16 | violating subsection (d) commits a felony of the third |
17 | degree. |
18 | Section 8. This act shall take effect in 60 days. |
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