§ 61.1. Commonwealth inland waters.

 (a)  It is unlawful to take, catch, kill or possess fish except during the seasons specified in this section. It is not a violation of this section if a fish caught out of season from water where fishing for other species is lawful is immediately returned unharmed to the waters from which it was taken.

 (b)  It is unlawful to take, catch, kill or possess fish of less than the minimum size specified in this section. It is not a violation of this section if an undersized fish taken from waters where fishing is otherwise lawful is immediately returned unharmed to the waters from which it was taken.

 (c)  It is unlawful to take, catch or kill more than 1 day’s limit of any species of fish as specified in the following chart during 1 calendar day. It is unlawful to possess more than 1 day’s limit of any species of fish as specified in the following chart except under the following circumstances:

   (1)  A person may possess any number of lawfully caught fish at the person’s residence.

   (2)  A person who is engaged in a fishing trip away from home for 2 or more consecutive calendar days may, while transporting fish from the place where caught to his residence, possess a number of fish equal to no more than two times the daily creel limit for that species of fish. In prosecution for violation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all of the fish during 1 calendar day.

   (3)  A fish will not be considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.

   (4)  Any fish caught that is not to be counted in the creel limit shall be immediately released unharmed into the water from which taken. Except as otherwise provided in §  53.24 or §  63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies), a fish placed on a stringer, or confined by any type of container, structure or device, or not returned immediately to the water, will be considered as part of the daily creel or possession limits. Fish returned to the water shall be handled carefully and be returned unharmed to the water from which taken.

   (5)  Fish may be given to another person, but the fish shall be counted in the donor’s creel limit and neither donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

 (d)  Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:

   *For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’
**Note: Approved trout waters are closed to all fishing from March 1 to the first Saturday after April 11 unless included in the Early Season Trout Stocked Waters Program (see §  65.10 (relating to Early Season Trout Stocked Waters Program)) or in the Regional Opening Day of Trout Season Program (see §  65.12 (relating to Regional Opening Day of Trout Season Program)). Waters included in the Early Season Trout Stocked Waters Program are closed to all fishing from April 1 to the first Saturday after April 11. Waters included in the Regional Opening Day of Trout Season Program are closed to all fishing from March 1 to the first Saturday after March 28.
*** Note: Unlawful to take, catch or kill American shad, hickory shad and alewife and blueback herring (collectively known as river herring) in Susquehanna River and its tributaries. See § §  61.4 and 61.7.

   The provisions of this §  61.1 issued under the Fish and Boat Code, 30 Pa.C.S. § §  741, 928 and 2102; amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 5122—5124.

   The provisions of this §  61.1 amended July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended August 27, 1999, effective January 1, 2000, 29 Pa.B. 4561; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 29, 2006, effective January 1, 2007, 36 Pa.B. 5976. Immediately preceding text appears at serial pages (308587) to (308588) and (317913) to (317914).

   This section cited in 58 Pa. Code §  61.7 (relating to Susquehanna River and tributaries); 58 Pa. Code §  61.8 (relating to Lehigh River and tributaries); 58 Pa. Code §  63.48 (relating to permit for the use of cast nets or throw nets); 58 Pa. Code §  63.3 (relating to fishing in approved trout waters); 58 Pa. Code §  65.8 (relating to warmwater/coolwater species special conservation waters); 58 Pa. Code §  65.10 (relating to Early Season Trout Stocked Waters Program); 58 Pa. Code §  65.24 (relating to miscellaneous special regulations); 58 Pa. Code §  69.12 (relating to seasons, sizes and creel limits—Lake Erie); and 58 Pa. Code §  69.13 (relating to seasons, sizes and creel limits—Lake Erie tributaries).