§ 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:

 (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.

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

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

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