THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, SOLOBAY, FONTANA, MENSCH, RAFFERTY, YUDICHAK, PIPPY, EICHELBERGER, KASUNIC, BOSCOLA, BRUBAKER, WOZNIAK, BAKER AND BLAKE, JANUARY 31, 2012

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 30 (Fish) of the Pennsylvania Consolidated

Statutes, further providing for the definition of "fishing,"

for organization of commission, for deputy waterways

conservation officers and for volunteer program; providing

for damage to property; further providing for control of

property, for powers and duties of waterways conservation

officers and deputies and for enforcement of other laws;

providing for unlawful use of computer and for liability for

conduct of another and for complicity; further providing for

suspension of privileges pending payment of penalties, for

misuse of property and waters, for littering, for possession

and display of licenses, for lost fishing licenses, for

institutional licenses, for exemptions from license

requirements, for eel chute licenses, for net permits, for

boat and net licenses for boundary lakes, for penalties, for

fees, for boating education, for general boating regulations,

for chemical testing to determine amount of alcohol or

controlled substance and for period of registration;

providing for unauthorized operation of boats, for permitting

violations and for duties of operators involved in boating

accidents; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "fishing" in section 102 of

Title 30 of the Pennsylvania Consolidated Statutes is amended to

read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Fishing."  The act of angling, or to catch, take, kill or

remove or the attempt to catch, take, kill or remove from any

lands within or waters [or other areas] within or bordering on

this Commonwealth any fish by any means or method for any

purpose whatsoever.

* * *

Section 2.  Sections 301(a), 305(a) and (b) and 327(d)(4) of

Title 30 are amended to read:

§ 301.  Organization of commission.

(a)  Composition.--The Pennsylvania Fish and Boat Commission

is continued as an independent administrative commission and

shall consist of ten competent citizens of this Commonwealth who

shall be appointed by the Governor by and with the advice and

consent of [two-thirds] a majority of the members elected to the

Senate for terms of eight years and until their successors are

appointed and qualified.

* * *

§ 305.  Deputy waterways conservation officers.

(a)  Appointment and training.--The executive director, with

the approval of the commission, may appoint deputy waterways

conservation officers to act anywhere within this Commonwealth.

Newly appointed deputy waterways conservation officers,

excluding reappointments, shall attend such training programs as

may be required by the commission, which shall include at a

minimum:

(1)  Successful completion of training and obtaining a

certificate of qualification under the act of October 10,

1974 (P.L.705, No.235), known as the Lethal Weapons Training

Act, or equivalent training as determined by the executive

director, prior to appointment.

(2)  Successful completion of not less than 250 hours of

law enforcement classroom and on-the-job training.

All deputy waterways conservation officers, including

reappointments, shall attend all annual in-service training as

may be required by the commission. Persons appointed under this

section may exercise the powers of their appointments until

December 31 of each year unless their appointment is sooner

revoked, suspended or withdrawn.

(b)  Compensation.--Deputy waterways conservation officers

shall not be entitled to any salary, compensation or expenses

for their services from the Commonwealth, unless [detailed in

writing for duty] authorized by the executive director of the

commission, in which case they shall receive compensation and/or

reasonable expenses in accordance with a Statewide pay scale and

standards as established by the Executive Board. [Only such

duties or assignments as are approved in advance by the

executive director or his designee shall be eligible for

compensation and/or reasonable expenses.] Deputy waterways

conservation officers are volunteers. When acting within the

scope of their official duties, deputy waterways conservation

officers shall be authorized to operate Commonwealth vehicles

and watercraft and shall be treated as employees of the

Commonwealth for the purposes of automotive and general

liability and the act of June 2, 1915 (P.L.736, No.338), known

as the Workers' Compensation Act.

* * *

§ 327.  Volunteer program.

* * *

(d)  Status of volunteers.--

* * *

(4)  No volunteer shall be assigned to any full-time or

wage position that is covered by any labor agreement,

presently filled, vacant or authorized in the commission.

* * *

Section 3.  Title 30 is amended by adding a section to read:

§ 703.  Damage to property.

It is unlawful to intentionally or recklessly destroy or

cause damage to property owned, leased or otherwise controlled

by the commission or any improvements thereon. Any person who

intentionally causes pecuniary loss in excess of $5,000 commits

a felony of the third degree. Any person who intentionally

causes pecuniary loss in excess of $1,000 commits a misdemeanor

of the second degree. Any person who intentionally or recklessly

causes pecuniary loss in excess of $500 commits a misdemeanor of

the third degree. Otherwise destroying or causing damage to

commission property or any improvements thereon is a summary

offense of the first degree.

Section 4.  Sections 741(a) and 901(a)(12), (13) and (16) and

902 of Title 30 are amended to read:

§ 741.  Control of property.

(a)  General rule.--The entire control of all lands or waters

owned, leased or otherwise controlled shall be under the sole 

direction of the commission and the commission may promulgate

such rules and regulations for its use and protection as it

deems necessary or in the best interests of the Commonwealth.

The acquisition, use and management of such lands or waters

owned, leased or otherwise controlled by the commission shall

not be subject to regulation by counties or municipalities.

* * *

§ 901.  Powers and duties of waterways conservation officers and

deputies.

(a)  Waterways conservation officers.--Every waterways

conservation officer shall have the power and duty to:

* * *

(12)  When [acting within the scope of their employment,

to] in the performance of their duties, pursue, apprehend or

arrest any individual suspected of violating any provision of

Title 18 (relating to crimes and offenses) or any other

offense classified as a misdemeanor or felony. They shall

also have the power to serve and execute warrants issued by

the proper authorities for offenses referred to in this

paragraph and to serve subpoenas issued for examination. All

powers as provided for in this paragraph will be limited by

such administrative procedure as the executive director, with

the approval of the commission, shall prescribe.

(13)  Arrange for the administration of chemical tests of

breath, blood or urine to persons operating or in actual

physical control of watercraft for the purpose of determining

the alcoholic content of blood or the presence of a

controlled substance under section 5125 (relating to chemical

testing to determine amount of alcohol or controlled

substance), by qualified personnel of a State or local police

department, qualified waterways [patrolmen] conservation

officers or qualified personnel of a clinical laboratory

licensed and approved by the Department of Health. A

waterways [patrolman] conservation officer may administer

chemical tests under this paragraph if he is qualified and

the executive director designates him to do so.

* * *

(16)  [Operate a Commonwealth-owned and marked vehicle,

permanently or temporarily equipped with a type of flashing

or rotating red light or lights or audible device, or both,

upon any street or highway within this Commonwealth when

performing duties within the scope of employment.] Operate

any vehicle owned or leased by the Commonwealth and used for

law enforcement purposes, equipped with flashing or rotating

lights of such color and combination and audible devices as

authorized in the definition of "emergency vehicle" in 75

Pa.C.S. § 102 (relating to definitions) upon any street or

highway within this Commonwealth in the performance of their

duties. Drivers of Commonwealth-owned or Commonwealth-leased

vehicles equipped with lights and audible devices as

authorized in this subchapter may exercise the privileges and

shall be subject to the conditions as set forth in 75 Pa.C.S.

§ 3105 (relating to drivers of emergency vehicles).

* * *

§ 902.  Enforcement of other laws.

All waterways [patrolmen] conservation officers and deputy

waterways [patrolmen] conservation officers are authorized to

enforce all the laws of this Commonwealth, and rules and

regulations promulgated thereunder, relating to game, parks and

forestry, under the direction of the Pennsylvania Game

Commission and of the [Department of Environmental Resources] 

Department of Conservation and Natural Resources, respectively.

Section 5.  Title 30 is amended by adding sections to read:

§ 910.  Unlawful use of computer.

It is unlawful to use a computer, computer network or

electronic device with the intent to falsify or forge electronic

mail transmissions, electronic transactions or other electronic

information in any manner in connection with the purchase of a

fishing license, boat registration or other commission-issued

license, permit or privilege through or into the computer

network of an electronic mail service provider, Internet service

provider or computer system of the commission and its agents.

Any person violating this section commits a misdemeanor of the

second degree.

§ 911.  Liability for conduct of another; complicity.

(a)  General rule.--A person is guilty of an offense under

this title if it is committed by his own conduct or by the

conduct of another person for which he is legally accountable,

or both.

(b)  Conduct of another.--A person is legally accountable for

the conduct of another person when:

(1)  acting with the kind of culpability that is

sufficient for the commission of the offense, he causes an

innocent or irresponsible person to engage in such conduct;

(2)  he is made accountable for the conduct of such other

person by this title or by the law defining the offense; or

(3)  he is an accomplice of such other person in the

commission of the offense.

(c)  Accomplice defined.--A person is an accomplice of

another person in the commission of an offense if:

(1)  with the intent of promoting or facilitating the

commission of the offense, he:

(i)  solicits such other person to commit it; or

(ii)  aids or agrees or attempts to aid such other

person in planning or committing it; or

(2)  his conduct is expressly declared by law to

establish his complicity.

(d)  Culpability of accomplice.--When causing a particular

result is an element of an offense, an accomplice in the conduct

causing such result is an accomplice in the commission of that

offense, if he acts with the kind of culpability, if any, with

respect to that result that is sufficient for the commission of

the offense.

(e)  Status of the actor.--In any prosecution for an offense

in which criminal liability of the defendant is based upon the

conduct of another person under this section, it is no defense

that the offense in question, as defined, can be committed only

by a particular class or classes or person, and the defendant,

not belonging to such class or classes, is for that reason

legally incapable of committing the offense in an individual

capacity.

(f)  Exceptions.--Unless otherwise provided by this title or

by the law defining the offense, a person is not an accomplice

in an offense committed by another person if:

(1)  he is a victim of that offense;

(2)  the offense is so defined that his conduct is

inevitably incident to its commission; or

(3)  he terminates his complicity prior to the commission

of the offense and:

(i)  wholly deprives it of effectiveness in the

commission of the offense; or

(ii)  gives timely warning to the law enforcement

authorities or otherwise makes proper efforts to prevent

the commission of the offense.

(g)  Prosecution of accomplice only.--An accomplice may be

convicted on proof of the commission of the offense and of his

complicity therein, though the person claimed to have committed

the offense has not been prosecuted or convicted or has been

convicted of a different offense or degree of offense or has an

immunity to prosecution or conviction or has been acquitted.

Section 6.  Sections 929, 2501, 2503(c), 2703(a), 2704, 2708,

2709(e), 2901, 2902, 2903(b), (c) and (h), 2908, 3102, 5103(i),  

5123(b), 5125(b)(2)(ii) and 5308 of Title 30 are amended to

read:

§ 929.  Suspension of privileges pending payment of penalties.

All fishing and boating privileges granted by this title

shall automatically be suspended if a defendant fails to respond

to a citation or summons within 30 days or fails to pay all

penalties in full within 90 days following conviction or a

guilty plea.

§ 2501.  Misuse of property and waters.

(a)  General rule.--It is unlawful for any person to commit

any of the following acts in or along any waters or lands

adjacent to or contiguous to waters within or bordering on this

Commonwealth:

(1)  Park or leave standing any motor vehicle or other

means of conveyance in such a manner as to obstruct the owner

or his lessee ingress, egress or regress to his property or

cattleways without the permission of the owner or lessee of

the land.

(2)  Drive a motor vehicle, all terrain vehicle or other

type of conveyance on or over any lands or waters, including

frozen waters, without the permission of the owner or lessee

of the land.

(3)  Start, build, tend or abandon any open fire without

the permission of the owner or lessee of the land.

(4)  Dig, cut or disturb in any manner lands, shrubs,

trees or other vegetation without the permission of the owner

or lessee of the land.

(5)  Sever fences or cause any other change or damage to

public or private property without the permission of the

owner or lessee of the land.

(6)  Run any vehicle, except fording in the most direct

manner, in any stream.

(7)  Refuse to identify himself upon request to the owner

or the lessee of the land or waters upon which he is present.

(8)  While in the act of fishing, fish in a water area or

enter a riparian area clearly marked and posted by the

commission as a no fishing zone.

(b)  Penalty.--

(1)  Except as provided in paragraph (2), any person

violating any of the provisions of this section commits a

summary offense of the second degree.

(2)  Any person who violates subsection (a)(1), (3) [or], 

(7) or (8) commits a summary offense of the third degree.

(3)  Any person convicted of violations under paragraph

(1) or (2) may, in addition to any penalty imposed, have his

fishing license revoked for a period of one year.

§ 2503.  Littering.

* * *

(c)  Penalty.--Any person who deposits or otherwise disposes

of a thing or substance in violation of this section which

causes or may cause damage to, or destruction of, fish commits a

summary offense of the first degree. Any person who transports

household refuse or garbage from another location and disposes

of it by leaving it on lands or waters open to fishing or

boating commits a summary offense of the second degree. Any

person who otherwise violates this section commits a summary

offense of the third degree. In addition to the penalties set

forth in section 923 (relating to classification of offenses and

penalties), an additional penalty of [$10] not less than $20 nor

more than $50 for each item or piece of litter thrown,

discarded, left, emitted or deposited in violation of this

section may be imposed on any person who is convicted or

acknowledges guilt of a violation of this section.

§ 2703.  Possession and display of licenses.

(a)  General rule.--No person 16 years of age or older shall

fish in any of the waters of this Commonwealth [or], in any

boundary waters or on land without first procuring the proper

license required by this chapter. The license shall be kept

about the person while fishing and shown upon the request of any

waterways conservation officer or other officer designated by

the commission. In addition to showing the license to the

officer, the holder thereof shall, upon demand, establish his

further identity to the satisfaction of the officer by producing

some other positive means of identification. The commission may

promulgate rules and regulations for the displaying of the

license certificate, license button or other device, as it deems

necessary.

* * *

§ 2704.  Lost fishing licenses.

In case a license certificate is lost or [detroyed] 

destroyed, a new license may be secured from the commission or

any issuing agent [upon making affidavit to that effect and] by 

paying the replacement license fee and issuing agent fee set

forth in section 2715 (relating to license and issuing fees).

§ 2708.  Institutional licenses.

Any resident of this Commonwealth who is a resident patient

in a Commonwealth owned [and supported institution for mental

disability, geriatric center, tubercular hospital] or supported

medical or rehabilitation institution or county home or

hospital, [or any veteran who is] is a veteran and a patient in

a United States Government Veterans' Administration Hospital or

in a State veterans' home, or [who] is a juvenile of a State

youth development center or forestry camp, and who may benefit

from recreational fishing during the course of treatment,

rehabilitation or hospitalization [may be issued a resident

fishing license without paying a license fee] is eligible for

inclusion on an institutional license issued by the commission

to a qualifying institution at no cost. [Licenses authorized by

this section may be issued by the superintendent or chief

medical officer of the institution who shall sign an affidavit

certifying that recreational fishing may be of benefit to the

rehabilitation of the patient and that the patient is an

inpatient of the institution. The affidavits, and records of the

number and to whom the licenses were issued, shall be forwarded

to the commission on such forms as the commission shall

provide.] The commission shall establish policies and procedures

for the issuance of institutional licenses. The commission may

revoke license issuing privileges of any institution for failure

to comply with any provisions of this chapter [or], the 

regulations promulgated thereunder and the policies and

procedures established hereunder.

§ 2709.  Exemptions from license requirements.

* * *

(e)  [Students participating in biological field project.--A

student enrolled in a secondary or undergraduate course of

instruction shall not be required to possess a fishing license

to gather specimens while participating in an educationally

sponsored biological field project that is under the direct

supervision of a high school or accredited institution of

postsecondary education as long as the educational institution

has applied for and received the written permission of the

commission.] Participants in educational programs.--A

participant in an educational program shall not be required to

possess a fishing license while participating in the educational

program provided that the program meets the standards

established by the executive director and is under the direct

supervision of an instructor who possesses a valid fishing

license and the program sponsor has applied for and received the

written permission of the executive director.

* * *

[§ 2901.  Eel chute licenses.

Upon application by any person to the commission for a

special license to catch eel by the use and operation of eel

chutes and the payment of a fee of $25, the applicant shall be

entitled to a special eel chute license which shall give him the

right to use and operate an eel chute:

(1)  In the Susquehanna River below the boundary line of

the City of Pittston and Duryea Borough line on the north

branch and below the bridge at the Northumberland-Lycoming

County line on the west branch.

(2)  Below Mount Union in the Juniata River.

(3)  In the Delaware River.]

§ 2902.  Net permits.

The commission may issue permits to [make, sell or] use or 

possess nets larger than four feet square or four feet in

diameter, or any other seine, trawl or gill net in or along

waters of this Commonwealth. The permits when issued shall

specify when and where the nets shall be used and for what

purposes by the owner or the persons in possession thereof at a

fee of $10 of the nets.

<--

§ 2903.  Boat and net licenses for boundary lakes.

* * *

(b)  Issuance and fees.--The commission may issue a

commercial fishing license to a person who has signed and

submitted his application and paid a fee as follows:

[(5)  Boats less than 60 feet in length used in fishing

with a trawl net: residents, $200; nonresidents, $400.

(6)] (1)  Trap nets: residents, $80; nonresidents, $160.

[(7)] (2)  Seines: residents, $50; nonresidents, $100.

[(8)  Outlines: residents, $10; plus valid fishing

license; nonresidents, $20 plus valid fishing license.]

(c)  Carrying and display.--The licenses shall be carried by

the operator of any boat, net or device so licensed and by each

person employed on the boat and shall be shown on demand to any

waterways [patrolman] conservation officer or other authorized

representative of the commission.

* * *

(h)  Gill nets.--

[(1)  On and after January 1, 1996, the] The use of gill

nets for fishing on boundary lakes shall be prohibited.

[(2)  The commission shall establish a gill net licensee

recompense program whereby persons holding 1992 licenses to

use gill nets on boundary lakes shall be recompensed as

provided in this paragraph. The amount of the payment to each

licensee shall be based on the average of the licensee's two

highest years of catches taken with gill nets for the years

1990, 1991, 1992, 1993 and 1994. The payment shall be the

product of such average catch multiplied by the average value

received for such catch as reported to the commission.]

§ 2908.  Penalties.

(a)  General rule.--Except as otherwise provided in this

chapter, a person engaging in any activity for which a permit or

special license is required under this chapter without acquiring

the license or permit commits a summary offense of the second

degree. [A] Except as otherwise provided in this chapter, a 

person who violates any other provision of this chapter or the

regulations promulgated thereunder commits a summary offense of

the third degree.

(b)  Boundary lakes.--A person engaged in any activity for

which a permit or special license under section 2903 (relating

to boat and net licenses for boundary lakes) is required without

obtaining such license or permit or who violates any provision

of section 2903 or the regulations promulgated thereunder

concerning seasons, size limits, total allowable catch, trap

nets and landing of catch commits a misdemeanor of the third

degree. A person who violates any other regulation promulgated

under section 2903 commits a summary offense of the first

degree.

§ 3102.  Fees.

(a)  Class A lakes.--The annual license fee for a Class A

regulated fishing lake (except [portable trout] temporary 

fishing ponds operated as regulated fishing lakes) shall be

based on the total area of fishing water on the premises to be

licensed, whether the area consists of one body of water or more

than one.

(1)  Where the total area of water is less than 20 acres,

the fee shall be $100.

(2)  Where the total water area is 20 acres or more but

less than 40 acres, the fee shall be $250.

(3)  Where the area is 40 acres or more, the fee shall be

$500.

(b)  Class B lakes.--The annual license fee for a Class B

regulated fishing lake (except [portable trout] temporary 

fishing ponds operated as regulated fishing lakes) shall be

based on the total area of fishing water on the premises to be

licensed, whether the area consists of one body of water or more

than one.

(1)  Where the total area of water is less than 30 acres,

the fee shall be $50.

(2)  Where the total area of water is 30 acres or more,

the fee shall be $100.

(c)  [Portable] Temporary fishing ponds.--

(1)  [The] Except as otherwise provided in paragraph (3),

the annual license fee for a [portable trout] temporary 

fishing pond which the operator seeks to operate as a Class A

regulated fishing lake shall be $200.

(2)  The annual license fee for a [portable trout] 

temporary fishing pond which the operator seeks to operate as

a Class B regulated fishing lake shall be $50.

(3)  The annual license fee for a temporary fishing pond

which is operated as a Class A regulated fishing lake

exclusively by or on behalf of a nonprofit sportsmen's,

conservation or charitable organization shall be $25.

§ 5103.  Boating education.

* * *

(i)  Other valid documentation.--

(1)  In lieu of a certificate of boating safety education

issued by the Commonwealth, a certificate of boating safety

education issued [in] to a resident of another state in

accordance with criteria of the National Association of State

Boating Law Administrators is sufficient to comply with the

requirements of this section.

(2)  In lieu of a certificate of boating safety education

issued by the commission, a license issued by the United

States Coast Guard is sufficient to comply with the

requirements of this section.

* * *

§ 5123.  General boating regulations.

* * *

(b)  Penalties.--Any person who violates a rule or regulation

promulgated under this section which the commission designates

as being for the protection of the health and safety of persons

as provided by subsection (a)(1) commits a summary offense of

the second degree. Any person who violates any other regulation

promulgated under this section commits a summary offense of the

third degree. In addition to any other penalty, any person who

is convicted or acknowledges guilt for an offense of possessing

insufficient, nonapproved or unserviceable safety equipment on a

boat, or for passengers, or persons being towed by a boat on the

waters of this Commonwealth may be fined an additional [$20] 

penalty of not less than $20 nor more than $50 for every piece

of safety equipment required that is missing, not worn when

required, not of an approved type or unserviceable.

§ 5125.  Chemical testing to determine amount of alcohol or

controlled substance.

* * *

(b)  Suspension for refusal.--

* * *

(2)  It is the duty of the waterways conservation officer

to inform the person that:

* * *

(ii)  if the person refuses to submit to chemical

testing, upon conviction or plea for violating section

5502(a)(1), the person will be subject to the penalties

provided in section [5502(c)(3)] 5502(c.1)(3).

* * * 

§ 5308.  Period of registration.

Registrations issued under this subchapter to owners and

dealers shall be valid from April 1 of one year to March 31 of

the succeeding year and shall be renewable. A registration for

any year shall be valid and may properly be displayed prior to

April 1 within that year. The commission may determine to issue

registrations valid for a period not to exceed three years upon

payment of a fee equal to the annual registration fee times the

number of years for which the multiple-year registration is

valid. A multiple-year registration shall be valid from April 1

of the year of its issuance until March 31 of the last year of

its validity, but a multiple-year [license] registration issued

prior to April 1 of any year is valid and may be displayed at

any time within that year. The commission may, by regulation,

provide for the transfer of multiple-year registrations upon the

sale or conveyance of a boat upon payment of the fee provided in

section 5104(8) (relating to fees).

Section 7.  Title 30 is amended by adding sections to read:

§ 5505.  Unauthorized operation of boats.

(a)  Consent required.--It is unlawful for a person to

operate the boat of another without the consent of the owner.

(b)  Defense.--It is a defense to prosecution under this

section that the operator reasonably believed that the owner

would have consented to the operation had the owner known of it.

(c)  Penalty.--Any person violating this section commits a

summary offense of the first degree.

§ 5506.  Permitting violations.

(a)  Offense.--It is unlawful for a person to authorize or

knowingly permit a boat owned by him or under his control to be

operated in violation of any of the provisions of this title.

(b)  Penalty.--Any person violating this section commits a

summary offense of the first degree. If the operator of the boat

is convicted under section 5502 (relating to operating

watercraft under influence of alcohol or controlled substance),

5502.1 (relating to homicide by watercraft while operating under

influence) or 5502.2 (relating to homicide by watercraft), the

person violating this section shall also be subject to

revocation under section 928 (relating to revocation, suspension

or denial of license, permit or registration).

§ 5507.  Duties of operators involved in boating accidents.

(a)  General rule.--The operator of a watercraft involved in

an accident shall immediately stop the watercraft at the scene

of the accident or as close thereto as possible. Every stop

shall be made without obstructing the safe navigation of other

watercraft more than is necessary.

(b)  Duty to give information.--The operator of a watercraft

involved in an accident resulting in injury to or death of a

person or damage to property shall give his name, address and

the registration number of his watercraft to an officer

authorized to enforce this title, the operator or occupants of

any other watercraft involved in the accident and a person who

owns or is in control of any property damaged in the accident.

(c)  Duty to render aid.--The operator of a watercraft

involved in an accident involving injury or death shall render

reasonable assistance to a person injured in the accident if the

operator can reasonably do so without endangering persons or

property.

(d)  Duty to remain at or near scene.--The operator of a

watercraft involved in a watercraft accident involving injury to

or death of a person or damage to property other than the

operator's watercraft or other property contained therein shall

remain at or near the scene of the accident until he has

fulfilled the duties described in subsection (b) if the operator

can reasonably do so without obstructing navigation of other

watercraft or endangering persons or property. When

circumstances make it clearly impractical to remain at or near

the scene of the accident on the water, the operator may fulfill

the requirements of this subsection by going to shore at a

location near the scene of the accident.

(e)  Penalties.--

(1)  Except as otherwise provided in this section, any

person violating this section commits a misdemeanor of the

first degree.

(2)  If a victim of an accident dies, any person

violating subsection (d) commits a felony of the third

degree.

Section 8.  This act shall take effect in 60 days.