CHAPTER 65. SPECIAL FISHING REGULATIONS

Sec.


65.1.    [Reserved].
65.2.    [Reserved].
65.3.    [Reserved].
65.4.    [Reserved].
65.4a.    All-tackle trophy trout.
65.4b.    [Reserved].
65.5.    Catch and release areas.
65.6.    Delayed harvest artificial lures only areas.
65.7.    Trophy Trout Program.
65.8.    [Reserved].
65.9.    Big bass special regulations.
65.10.    Early Season Trout Stocked Waters Program.
65.11.    Panfish enhancement special regulation.
65.12.    Regional Opening Day of Trout Season Program.
65.13.    Wild brook trout enhancement.
65.14.    Catch and release fly-fishing only areas.
65.15.    Catch and release all-tackle areas.
65.16.    Musky Enhancement Program.
65.17.    Catch and Release Lakes Program.
65.18.    Brood Stock Lakes Program.
65.19.    Approved trout waters open to year-round fishing.
65.21.    Waters limited to specific purposes—exclusive use fishing areas.
65.22.    [Reserved].
65.23.    Special restrictions on polluted zones.
65.24.    Miscellaneous special regulations.
65.25.    Temporary changes to fishing regulations.
65.26.    Extended trout seasons.

Source

   The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051, unless otherwise noted.

§ 65.1. [Reserved].


Source

   The provisions of this §  65.1 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609; amended November 24, 2004, effective December 1, 2005, 34 Pa.B. 6328; reserved April 22, 2005, effective April 23, 2005, 35 Pa.B. 2391. Immediately preceding text appears at serial pages (308595) to (308596).

§ 65.2. [Reserved].


Source

   The provisions of this §  65.2 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; reserved September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261. Immediately preceding text appears at serial pages (311343) to (311344).

§ 65.3. [Reserved].


Source

   The provisions of this §  65.3 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; reserved September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261. Immediately preceding text appears at serial pages (311344) to (311345).

§ 65.4. [Reserved].


Source

   The provisions of this §  65.4 adopted December 31, 1981, effective January 1, 1982, 12 Pa.B. 14; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836. Immediately preceding text appears at serial page (144426).

§ 65.4a. All-tackle trophy trout.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as all-tackle trophy trout areas. The designation of waters as all-tackle trophy trout areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted all-tackle trophy trout areas except in compliance with the following requirements:

   (1)  The program is open to fishing year-round; there is no closed season.

   (2)  Minimum size is 14 inches, caught on, or in possession on, the waters under regulation.

   (3)  The daily creel limit is two trout-combined species-from 8 a.m. on the first Saturday after April 11 until midnight Labor Day, except during the period from the day after Labor Day to the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.

   (4)  A current trout/salmon permit is required.

 (c)  This section applies to trout only. Inland regulations apply to all other species.

 (d)  Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the all-tackle trophy trout area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the all-tackle trophy trout area.

Authority

   The provisions of this §  65.4a amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2307.

Source

   The provisions of this §  65.4a adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial page (324214).

§ 65.4b. [Reserved].


Source

   The provisions of this §  65.4b adopted April 10, 1998, effective April 11, 1998, 28 Pa.B. 1754; reserved April 22, 2005, effective April 23, 2005, 35 Pa.B. 2391. Immediately preceding text appears at serial page (308599).

§ 65.5. Catch and release areas.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as catch and release areas. The designation of waters as catch and release areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted catch and release areas except in compliance with the following requirements:

   (1)  Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies and streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.

   (2)  The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

   (3)  Fishing hours are 1 hour before sunrise to 1 hour after sunset.

   (4)  No trout may be killed or had in possession.

   (5)  The program is open to fishing year-round; there is no closed season.

   (6)  Wading is permitted unless otherwise posted.

   (7)  Taking of baitfish or fishbait is prohibited.

   (8)  A current trout/salmon permit is required.

 (c)  Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the catch and release area.

Authority

   The provisions of this §  65.5 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2101, 2102 and 2307.

Source

   The provisions of this §  65.5 adopted August 13, 1982, effective January 1, 1983, 12 Pa.B. 2692; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial page (322897).

§ 65.6. Delayed harvest artificial lures only areas.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as delayed harvest, artificial lures only areas. The designation of waters as delayed harvest, artificial lures only areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in designated and posted delayed harvest, artificial lures only areas except in compliance with the following requirements:

   (1)  Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.

   (2)  The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

   (3)  Fishing hours are 1 hour before sunrise to 1 hour after sunset during the regular and any extended trout season.

   (4)  Minimum size is: 9 inches, caught on, or in possession on, the waters under regulation.

   (5)  The daily creel limit is: three combined species except during the period after Labor Day and before June 15 when the daily limit shall be zero trout combined species, caught on or in possession on the waters under regulation.

   (6)  Taking of baitfish or fishbait is prohibited.

   (7)  A current trout/salmon permit is required.

 (c)  Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the delayed harvest artificial lures only area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the delayed harvest artificial lures only area.

Authority

   The provisions of this §  65.6 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2307.

Source

   The provisions of this §  65.6 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; corrected November 11, 2005, effective January 1, 2006, 35 Pa.B. 6239; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial pages (322897) to (322898).

§ 65.7. Trophy Trout Program.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as trophy trout areas. The designation of waters as trophy trout areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted trophy trout areas except in compliance with the following requirements:

   (1)  Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood or with flies and streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Anything other than these items is prohibited.

   (2)  The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

   (3)  The program is open to fishing year-round; there is no closed season.

   (4)  The minimum size is 14 inches, caught on or in possession on the waters under regulation.

   (5)  The daily creel limit is two trout—combined species—except during the period from the day after Labor Day to 8 a.m. of the first Saturday after April 11 of the following year, when no trout may be killed or had in possession on the waters under regulation.

   (6)  Taking of baitfish or fishbait is prohibited.

   (7)  A current trout/salmon permit is required.

 (c)  Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the trophy trout area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the trophy trout area.

Authority

   The provisions of this §  65.7 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2307.

Source

   The provisions of this §  65.7 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial pages (322898) to (322899).

§ 65.8. [Reserved].


Source

   The provisions of this §  65.8 adopted March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; reserved July 9, 2004, effective January 1, 2005, 34 Pa.B. 3599. Immediately preceding text appears at serial pages (257213) to (257214) and (261337).

§ 65.9. Big bass special regulations.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as ‘‘Big Bass Regulation’’ waters. The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ‘‘Big Bass Regulation’’ waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken.

Seasons Size (in) Creel Limit
 Lakes:
January 1 to midnight the day before the first Saturday after April 11 and 12:01 a.m. the first Saturday after June 11 to midnight
December 31

15

4 (combined
species)
 12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11  NO HARVEST—Catch and
immediate release only
(No Tournaments Permitted)
 Rivers and Streams:
January 1 to midnight the day before the first Saturday after April 11 and October 1 to midnight December 31

18

2 (combined
species)
 12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11  NO HARVEST—Catch and
immediate release only
(No Tournaments Permitted)
 12:01 a.m. the first Saturday after June 11 to midnight
September 30
  15   4 (combined
species)

 Note: For purposes of this section, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’

 (c)  Other Commonwealth inland fishing regulations apply to designated ‘‘Big Bass Regulation’’ waters.

Authority

   The provisions of this §  65.9 amended under The Fish and Boat Code, 30 Pa.C.S. §  2307.

Source

   The provisions of this §  65.9 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872. Immediately preceding text appears at serial pages (316067) to (316068).

§ 65.10. Early Season Trout Stocked Waters Program.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as part of the Early Season Trout Stocked Waters Program. The designation of waters as part of the Early Season Trout Stocked Waters Program shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in waters designated as part of the Early Season Trout Stocked Waters Program except in compliance with the following requirements:

   (1)  Notwithstanding §  63.3 (relating to fishing in approved trout waters), fishing is permitted from March 1 until midnight, March 31.

   (2)  The daily creel limit is: three combined species during the period from the day after Labor Day until midnight, March 31 of the following year. Except during this period, the Statewide creel limits apply (See §  61.1 (relating to Commonwealth inland waters)).

   (3)  Except as otherwise provided in this section, Statewide regulations (including size and creel limits) apply to waters in the Early Season Trout Stocked Waters Program.

 (c)  Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the water designated as part of the Early Season Trout Stocked Waters Program without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the water designated as part of the Early Season Trout Stocked Waters Program.

Authority

   The provisions of this §  65.10 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2307.

Source

   The provisions of this §  65.10 adopted March 10, 1995, effective March 11, 1995, 25 Pa.B. 926; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 25, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial pages (322900) to (322901).

§ 65.11. Panfish enhancement special regulation.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as ‘‘Panfish Enhancement Special Regulation’’ waters. The designation may be limited to one, two or all three of the panfish species listed in subsection (b). The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted ‘‘Panfish Enhancement Special Regulation’’ waters except in compliance with the following seasons and size and creel limits:

Species  Seasons Minimum Size Daily Limit
Sunfish (bluegill, pumpkinseed and redear)  Open year- round 7 inches  20 (combined species)*
Crappie (black and white)  9 inches
Yellow perch  9 inches
Other species—inland seasons and size and creel limits apply.

   * Anglers may catch and possess up to 30 (combined species) of catfish, rockbass, suckers, carp and white bass in addition to the daily limit of 20 (combined species) of sunfish, crappies and yellow perch.

Authority

   The provisions of this §  65.11 amended under 30 Pa.C.S. § §  2102 and 2307.

Source

   The provisions of this §  65.11 adopted April 10, 1998, effective April 11, 1998, 28 Pa.B. 1755; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5720. Immediately preceding text appears at serial pages (257216) to (257217).

§ 65.12. Regional Opening Day of Trout Season Program.

 (a)  The Executive Director, with the approval of the Commission, may designate waters in certain regions as part of the Regional Opening Day of Trout Season Program. The designation of waters as part of the Regional Opening Day of Trout Season Program shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in waters designated as part of the Regional Opening Day of Trout Season Program except in compliance with the following seasons, sizes and creel limits:

SEASONS MINIMUM SIZE DAILY LIMIT
Regular Season: 8 a.m. first Saturday after March 28 to midnight Labor Day 7 inches 5 (combined species)
 Extended Season:

Approved trout waters and all waters downstream of approved trout waters

12:01 a.m. day after Labor Day to midnight last day of February of the following year.
7 inches 3 (combined species)

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

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

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

   (1)  A person may possess any number of lawfully caught trout 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 possess, while transporting trout from the place where caught to his residence, a number of trout equal to no more than two times the daily creel limit for trout. In prosecutions for violations of this section, it shall be a rebuttable presumption that a person transporting trout from a fishing site caught all of the trout during 1 calendar day.

   (3)  A trout 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 trout caught that is not to be counted in the creel limit shall be immediately released unharmed to the waters 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 trout 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. Trout returned to the water shall be handled carefully and be returned unharmed to the waters from which taken.

   (5)  Trout may be given to another person, but the trout 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.

Authority

   The provisions of this §  65.12 issued under The Fish and Boat Code, 30 Pa.C.S. §  2307.

Source

   The provisions of this §  65.12 adopted September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872.

Cross References

   This section cited in 58 Pa. Code §  63.3 (relating to fishing in approved trout waters).

§ 65.13. Wild brook trout enhancement.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as ‘‘Wild Brook Trout Enhancement Regulations’’ waters. The designation shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated ‘‘Wild Brook Trout Enhancement Regulations’’ waters except in compliance with the following requirements:

   (1)  Brook trout may not be killed or had in possession.

   (2)  There is no closed season for brook trout.

   (3)  There are no tackle restrictions.

   (4)  Other trout species shall be subject to Statewide regulations (including seasons, sizes and creel limits).

   (5)  A current trout/salmon permit is required.

Authority

   The provisions of this §  65.13 issued under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  65.13 adopted August 15, 2003, effective January 1, 2004, 33 Pa.B. 2760; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6434. Immediately preceding text appears at serial pages (308604) to (308605).

§ 65.14. Catch and release fly-fishing only areas.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as catch and release fly-fishing only areas. The designation of waters as catch and release fly-fishing only areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted catch and release fly-fishing only areas except in compliance with the following requirements:

   (1)  Fishing may be done with artificial flies and streamers constructed of natural or synthetic materials so long as all flies are constructed in a normal fashion on a single hook with components wound on or about the hook. Anything other than these items is prohibited.

   (2)  Fishing shall be done with tackle which is limited to fly rods, fly reels and fly line with a maximum of 18 feet in leader material or monofilament line attached. Spinning, spincast and casting rods and reels are prohibited.

   (3)  The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

   (4)  No trout may be killed or had in possession.

   (5)  The program is open to fishing year-round; there is no closed season.

   (6)  Fishing hours are 1 hour before sunrise to 1 hour after sunset.

   (7)  Taking of baitfish or fishbait is prohibited.

   (8)  Wading is permitted unless otherwise posted.

   (9)  A current trout/salmon permit is required.

 (c)  Notwithstanding the requirements of this section an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release fly-fishing only area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the catch and release fly-fishing only area.

Authority

   The provisions of this §  65.14 amended under the Fish and Boat Code, 30 Pa. Code § §  2102 and 2307.

Source

   The provisions of this §  65.14 adopted September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial page (322904).

§ 65.15. Catch and release all-tackle areas.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as catch and release all-tackle areas. The designation of waters as catch and release all-tackle areas shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in designated and posted catch and release all-tackle areas except in compliance with the following requirements:

   (1)  No trout may be killed or had in possession.

   (2)  The program is open to fishing year round; there is no closed season.

   (3)  A current trout/salmon permit is required.

 (c)  Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release all-tackle area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the catch and release all-tackle area.

Authority

   The provisions of this §  65.15 amended under the Fish and Boat Code, 30 Pa. Code § §  2102 and 2307.

Source

   The provisions of this §  65.15 adopted September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial page (324215).

§ 65.16. Musky Enhancement Program.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as part of the Musky Enhancement Program. The designation of waters as part of the Musky Enhancement Program will be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to take, catch, kill or possess muskellunge or muskellunge hybrids on or in waters designated as part of the Musky Enhancement Program except in compliance with the following season and size and creel limits: Open-year round, minimum size of 45 inches and daily limit of 1. It is not a violation of this section if the muskellunge or muskellunge hybrid is immediately returned unharmed to the waters from which it is taken.

Authority

   The provisions of this §  65.16 issued under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  65.16 adopted September 29, 2006, effective September 30, 2006, 36 Pa.B. 5976.

§ 65.17. Catch and Release Lakes Program.

 (a)  The Executive Director, with the approval of the Commission, may designate lakes as part of the Catch and Release Lakes Program. The designation of lakes as part of the Catch and Release Lakes Program will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in the lakes designated as part of the Catch and Release Lakes Program except in compliance with the following requirements:

   (1)  Fishing for all species is permitted on a catch and release/no harvest basis only.

   (2)  It is unlawful to take, kill or possess any fish taken from lakes designated under this program.

   (3)  Fish caught shall be immediately returned unharmed to the lake from which taken.

Source

   The provisions of this §  65.17 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449.

§ 65.18. Brood Stock Lakes Program.

 (a)  The Executive Director, with the approval of the Commission, may designate lakes as part of the Brood Stock Lakes Program. The designation of lakes as part of the Brood Stock Lakes Program will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  It is unlawful to fish in the lakes designated as part of the Brood Stock Lakes Program except in compliance with the following requirements:

   (1)  From 12:01 a.m. April 1 to midnight May 31, fishing for muskellunge and muskellunge hybrids, northern pike and pickerel is permitted on a catch and release/no harvest basis only.

   (2)  From 12:01 a.m. April 1 to midnight May 31, it is unlawful to take, kill or possess any muskellunge and muskellunge hybrids, northern pike and pickerel taken from lakes designated under this program.

   (3)  From 12:01 a.m. April 1 to midnight May 31, all muskellunge and muskellunge hybrids, northern pike and pickerel caught shall be immediately returned unharmed to the lake from which taken.

Source

   The provisions of this §  65.18 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449.

§ 65.21. Waters limited to specific purposes—exclusive use fishing areas.

 (a)  The Executive Director, with the approval of the Commission, may designate waters as being for the exclusive use of children or special populations, or both, for the purpose of fishing. The designation is effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b)  As used in this section, the term ‘‘children’’ means persons 12 years of age or under. The term ‘‘special populations’’ means persons who are exempt from the fishing license requirement by section 2709(b) of the code (relating to exemptions from license requirements), persons whose visual acuity with best correcting lens is 3/60 or 10/200 or poorer in the better eye, persons whose vision is such that the widest diameter of the visual field of the better eye has contracted to such an extent that it subtends an angular distance of not greater than 20° or persons permanently deprived of the full use of a leg or both legs.

 (c)  It is unlawful for a person other than a child or member of special populations to fish in a designated exclusive use area.

 (d)  The Commission will not designate waters under this section:

   (1)  As being for the exclusive use of children unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting signs and assisting in enforcement; the owner of the waters agrees to the designation in writing; and the political subdivision where the area is to be located approves the designation in writing. The sponsor also shall establish that the proposed exclusive area will be used year-round by showing that fishing tournaments/derbies, stocking or special events are planned throughout the year.

   (2)  As being for the exclusive use of special populations unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting of signs and assisting in enforcement; the owner of the waters agrees to the designation in writing; and the political subdivision where the area is to be located approves the designation in writing. The sponsor also shall describe how the proposed exclusive use area is accessible and what accommodations have been made for use by special populations. The sponsor further must certify that the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C.A. § §  12210—12213) and the regulations promulgated thereunder are currently met and will be met in the future.

   (3)  As being for the exclusive use of both children and special populations unless the sponsor meets the requirements of paragraphs (1) and (2).

 (e)  In determining whether to designate areas for the exclusive use of children, special populations or both, the Commission will consider whether the sponsors of the proposed areas have demonstrated the ability to meet the requirements of this section and whether exclusive use areas already exist within the same geographical area as the proposed areas.

 (f)  If a sponsor of an exclusive use area fails to continue to meet the requirements of this section, the Commission may remove the designation of the area as being for the exclusive use of children or special populations, or both.

 (g)  The provisions of subsection (a) requiring advance approval of the Commission and publication of a notice of designation in the Pennsylvania Bulletin do not apply to temporary designations of exclusive use areas for children or special populations, or both. Sponsors seeking a temporary designation of an area for the exclusive use of children or special populations, or both, shall apply for a special activities permit in accordance with §  63.40 (relating to fishing tournaments and fishing derbies). Sponsors shall apply for designation of temporary exclusive use areas no later than 30 days before the proposed designation is to take effect. The Executive Director or a designee may approve the temporary designation of waters for exclusive use for no more than 60 consecutive days upon application of project sponsors. Temporary designations shall be effective upon posting of the area. Sponsors are responsible for administering and controlling the area, posting signs and assisting in enforcement.

 (h)  In designating an area for the exclusive use of children or special populations the Commission makes no representation that the areas are suitable for any particular purpose. The sponsors of the areas assume the responsibility for the suitability of the area.

 (i)  Sponsors of all areas currently designated as being for the exclusive use of children or special populations, or both, shall reapply for designation by December 31, 2003.

Authority

   The provisions of this §  65.21 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2307 and 2709(b).

Source

   The provisions of this §  65.21 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1368. Immediately preceding text appears at serial pages (263737) to (263739).

Cross References

   This section cited in 58 Pa. Code §  57.61 (relating to designation of areas for the exclusive use of children and special populations); and 58 Pa. Code §  57.62 (relating to access for special populations).

§ 65.22. [Reserved].


Source

   The provisions of this §  65.22 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; reserved March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155. Immediately preceding text appears at serial page (213791).

§ 65.23. Special restrictions on polluted zones.

 (a)  The Executive Director, with the approval of the Commission, may determine that fishing should be curtailed or prohibited in polluted waters or that the taking or killing of fish from the waters should be prohibited. Special restrictions imposed under this section shall be effective when the waters are so posted after publication of a notice of restriction in the Pennsylvania Bulletin; the Executive Director or his designee may take immediate action to post waters when he finds it apropriate to further the health and safety of persons who fish.

 (b)  It is unlawful for a person to take, catch, possess while in the act of fishing or kill fish from polluted zones in violation of the posted conditions imposed under this section.

 (c)  This section may not be construed to relieve the person or entity responsible for placing or allowing harmful substances to be present in fishing waters from criminal or civil liability for acts or omissions with regard to the substances. This section does not place liability or duty on the Commonwealth or the Commission or their employes, officers, agents or assigns, to locate, identify or post waters where harmful substances may be present; nor may the Commonwealth, the Commission or their officers, employes, agents or assigns be liable for the consequences of harmful substances being present in fishing waters. This section does not confer or convey ownership, control or jurisdiction, over these waters on the Commission except as may be otherwise provided by law or regulation.

Authority

   The provisions of this §  65.23 amended under section 10 of the Sunshine Act (65 P. S. §  280); and section 506 of The Administrative Code of 1929 (71 P. S. §  186).

Source

   The provisions of this §  65.23 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717. Immediately preceding text appears at serial pages (257218) to (257219).

Cross References

   This section cited in 58 Pa. Code §  63.21 (relating to designation of fishing regulations).

§ 65.24. Miscellaneous special regulations.

 The following waters are subject to the following miscellaneous special regulations:

County Name of Water Special Regulations
Beaver Hopewell Township Park Lake Bass—15-inch minimum size limit and a 2 bass daily creel limit. Panfish (combined species): 10 fish daily creel limit. Use of live fish for bait is prohibited.
Blair, Huntingdon, Juniata, Mifflin and Perry Juniata River and its tributaries Rock bass—Daily creel limit is 10; open year-round; no minimum size limit.
Chester Elk Creek (Big Elk Creek) The maximum size limit for alewife and blueback herring is 8 inches. It is unlawful to take, catch, kill or possess, while in the act of fishing, blueback herring or alewife 8 inches or more in length.
Clarion Beaver Creek Ponds Closed to fishing from 12:01 a.m. January 1 to 12:01 a.m. the first Saturday after June 11 of each year. Bass—15-inch minimum size limit and a 2 bass daily creel limit for the total project area. Panfish (combined species) 10 fish daily creel limit for the total project area. Other species—inland regulations apply.
Columbia and Northumberland South Branch of Roaring Creek from the bridge on State Route 3008 at Bear Gap upstream to the bridge on State Route 42 This is a catch and release/no harvest fishery for all species. It is unlawful to take, kill or possess any fish. All fish caught must be immediately returned unharmed.
Crawford and Erie Conneaut Creek
E. Branch Conneaut Creek
M. Branch Conneaut Creek
W. Branch Conneaut Creek
Mud Run
Stone Run
Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11. Minimum size limit:
15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
Crawford Crazy Run Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11. Minimum size limit:
15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
Crawford Pymatuning Reservoir Only carp and suckers may be taken by means of spearing or archery in compliance otherwise with §  63.8 (relating to long bow, spears and gigs). Minnow seines and dip nets are restricted to no more than 4 feet in size, and the mesh of the nets shall measure no less than 1/8 nor more than 1/2-inch on a side. Float line fishing is prohibited.
Elk West Branch, Clarion River The following additional restrictions apply to the ‘‘Catch and Release, Fly-Fishing Only’’ area located on a 1/2-mile stream section from the intersection of S. R. 219 and S. R. 4003, upstream to the Texas Gulf Sulphur Property: Wading prohibited. Fishing permitted from east shore only.
Erie E. Branch Conneaut Creek
Marsh Run
Temple Run
Turkey Creek
Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11. Minimum size limit:
15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
Huntingdon Raystown Lake (includes Raystown Branch from the Raystown Dam downstream to the confluence with the Juniata River). Trout (all species)-no closed season. Daily limit: First Saturday after April 11 until Labor Day—5 trout per day; day after Labor Day to first Saturday after April 11 of the following year—3 trout per day. Size limits: Inland rules apply. Smelt may be taken from shore or by wading by means of dip nets not to exceed 20 inches in diameter or 20 inches square. The daily limit per person is the greater of 1 gallon of smelt by volume or 200 smelt by number.
Lackawanna Lake Scranton It is unlawful for a person to fish from the fishing pier designated for use by persons with disabilities unless the person is: totally blind; or so severely disabled that the person is unable to cast or retrieve a line or bait hooks or remove fish without assistance; or deprived of the use of both legs; or participating in a special fishing event for persons with disabilities under conditions approved by the owner of the lake. The person may fish with only one legal device and shall be within 10 feet of the device being used. A person authorized to fish from the fishing pier under this section may be attended by another individual who may assist the person with the disability in using the fishing device.
Luzerne Harveys Lake During the period from the first Saturday after April 11 through midnight March 31, the daily creel limit for trout (combined species) is 3, only one of which may exceed 18 inches in length.
Fishing is prohibited from April 1 through 8 a.m. of the first Saturday after April 11. Warmwater/coolwater species, except as provided in this section-Inland regulations apply.
Mercer Shenango River from the dam downstream to SR 3025, a distance of 1.5 miles. Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit—First Saturday after April 11 until Labor Day: 5 trout per day; day after Labor Day to midnight, March 31 of the following year— 3 trout per day. Inland regulations apply to warmwater/coolwater species.
Monroe and Pike Delaware Water Gap National Recreation Area The use of eel chutes, eelpots and fyke nets is prohibited. The taking of the following fishbait is prohibited: crayfish or crabs, mussels, clams and the nymphs, larva and pupae of all insects spending any part of their life cycle in the water. The taking, catching, killing and possession of any species of amphibians or reptiles within the boundaries of the Delaware Water Gap National Recreation Area is prohibited.
Somerset, Fayette, Westmoreland and Allegheny Youghiogheny River from confluence with Casselman River downstream to the confluence with Ramcat
Run Youghiogheny River from the pipeline crossing
at the confluence with Lick Run downstream to the mouth of the river.
Trout (all species)—no closed season. Daily limit: First Saturday after April 11 until Labor Day—5 trout per day; day after Labor Day to first Saturday after April 11 of the following year— 3 trout per day. Inland regulations apply to warmwater/coolwater species.
Youghiogheny River from Reservoir downstream to confluence with Casselman River. Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit—First Saturday after April 11 until Labor Day—5 trout per day; day after Labor day to midnight, March 31 of following year: 3 trout per day. Inland regulations apply to warmwater/coolwater species.
Warren Allegheny River—8.75
miles downstream from the outflow of the Allegheny Reservoir to the confluence with Conewago Creek
Trout—minimum size limit—14 inches; daily creel limit—2 trout per day (combined species) from 8 a.m. on the first Saturday after April 11 through midnight Labor Day, except during the period from the day after Labor Day to the first Saturday after April 11 of the following year, when no trout may be killed or had in possession. Other inland seasons, sizes and creel limits apply.
Washington Little Chartiers Creek from Canonsburg Lake Dam approximately 1/2 mile downstream to mouth of Chartiers Creek Fishing is prohibited from 12:01 a.m. March 1 to 8 a.m. the first Saturday after April 11.
Wayne West Branch Delaware
River
Trout: From the Pennsylvania/New York border downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October 16 until midnight of the Friday before the first Saturday after April 11. During the no-harvest artificial lures only season:
1. Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood, or flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.
2. The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.
3. The daily creel limit for trout is 0.
Westmoreland Indian Lake The following size and creel limits apply: Bass—15 inch minimum size limit; 2 bass per day creel limit (combined species). Panfish: 10 fish per day creel limit (combined species). Other species—Inland regulations apply.
Wyoming Lake Winola Bass—It is unlawful to take, catch, kill or possess bass that are 12 to 18 inches in length. The daily creel limit for bass less than 12 inches in length and greater than 18 inches in length is 6, only one of which may exceed 18 inches in length. Closed to all fishing from 12:01 a.m. March 1 to 8 a.m. the first Saturday after April 11.

Authority

   The provisions of this §  65.24 issued under the Fish and Boat Code, 30 Pa.C.S. § §  305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended section 10 of the Sunshine Act (65 P. S. §  280); and section 506 of The Administrative Code of 1929 (71 P. S. §  186).

Source

   The provisions of this §  65.24 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4961; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 2021; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended March 2, 1990, effective March 3, 1990, 20 Pa.B. 1287; amended March 9, 1990, effective March 10, 1990, 20 Pa.B. 1403; amended June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 949; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 741; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended February 26, 1993, effective February 27, 1993, 23 Pa.B. 942; amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1958; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834 and 836; amended November 22, 1995, effective November 23, 1995, 25 Pa.B. 5970; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended June 28, 1996, effective June 29, 1996, 26 Pa.B. 2995; 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 November 7, 1997, effective November 8, 1997, 27 Pa.B. 5779; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4788; amended December 11, 1998, effective December 12, 1998, 28 Pa.B. 6081; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1069; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3210; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3212; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5719; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 872; amended September 15, 2000, effective September 16, 2000, 30 Pa.B. 4814; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended March 4, 2003, effective March 8, 2003, 33 Pa.B. 1229; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496; amended December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1231; amended July 9, 2004, effective July 10, 2004, 34 Pa.B. 3600; amended July 9, 2004, effective January 1, 2005, 34 Pa.B. 3599; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended December 3, 2004, effective January 1, 2005, 34 Pa.B. 6418; amended September 9, 2005, effective January 1, 2006 35 Pa.B. 5007; amended September 16, 2005, effective September 17, 2005, 35 Pa.B. 5124; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 10, 2006, effective March 20, 2006, 36 Pa.B. 1126; amended August 25, 2006, effective August 26, 2006, 36 Pa.B. 4724; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5878; amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449; amended September 7, 2007, effective September 8, 2007, 37 Pa.B. 4870. Immediately preceding text appears at serial pages (324219) to (324226).

§ 65.25. Temporary changes to fishing regulations.

 (a)  Notwithstanding other provisions of this chapter requiring the advance approval of the Commission for designation or withdrawal of designation of waters as specially regulated areas, the Executive Director is hereby authorized to take immediate action to temporarily modify fishing regulations when he finds that modifications are necessary and appropriate for the protection, preservation and management of fish or fish habitat; to conserve and preserve fishing opportunities; or to provide for health and safety of persons who fish the waters. The Executive Director will cause temporary modifications to be posted in the vicinity of the regulated waters; and, when so posted, the modified regulations shall be effective. As soon as practicable after taking immediate action to temporarily modify fishing regulations, the Executive Director will cause a notice of this action to be published in the Pennsylvania Bulletin.

 (b)  When the Executive Director takes immediate action to temporarily modify fishing regulations, he will notify the members of the Commission of the action and cause the matter to be placed on the agenda of the next regular or special meeting of the Commission. Temporary modifications effected under this authority will expire on January 1 of the following year or 6 months after they are effected, whichever comes later unless the Commission shall by then, by appropriate action, have approved the designation or redesignation of waters or shall have approved the revision to the regulation in question.

Source

   The provisions of this §  65.25 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46.

§ 65.26. Extended trout seasons.

 (a)  General rule. The extended trout season is in effect from the day after Labor Day until the last day of February of the following year on approved trout waters and all waters downstream of approved trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches applies during this season.

 (b)  Waters not approved trout waters. The Executive Director may grant a permit to apply extended trout regulations to waters that are not approved trout waters upon written application of the owner or lessee of the lands on which the waters are located. Applications will be reviewed to ensure that applying extended trout season regulations to the waters in question is consistent with the best appropriate fisheries management of the waters in question, and to ensure that approval of the application will have no adverse effect on the preservation and expansion of public fishing opportunities within this Commonwealth. Approval or disapproval of applications shall be subject to review under Chapter 51 Subchapter E (relating to permit procedures). Permits for extended trout season on waters other than approved trout waters will be valid until the last day of February of the 6th year after the year in which they are issued. For example, a permit issued in June 1984 will expire on February 28, 1990.

Authority

   The provisions of this §  65.26 issued under the Fish and Boat Code, 30 Pa.C.S. § §  305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124.

Source

   The provisions of this §  65.26 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872. Immediately preceding text appears at serial pages (322555) to (322556).



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