§ 69.1. Statutory authority.

 (a)  Subchapter B (relating to sport fishing and angling) is promulgated under sections 741, 2102 and 2106 of the code (relating to control of property; rules and regulations; and fishing in hatchery or nursery waters).

 (a)  For purposes of this section, species of fish that are susceptible to viral hemorrhagic septicemia (VHS) are those species that the Animal and Plant Health Inspection Service of the United States Department of Agriculture designates by order or the Commission defines by notice published in the Pennsylvania Bulletin.

   (1)  The term ‘‘VHS-susceptible species’’ includes fish that are dead or alive, preserved or unpreserved, and the parts thereof.

   (2)  The term ‘‘VHS-susceptible species’’ does not include the eggs of these species.

 (b)  It is unlawful to transport or cause the transportation of VHS-susceptible species of fish out of the portion of Lake Erie watershed in this Commonwealth except when one of the following conditions is met:

   (1)  The fish are being transported to a disease testing facility and the persons transporting the fish have taken adequate measures to prevent escape and to disinfect discharged water and equipment used in the transportation of the fish and the fish are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for testing.

   (2)  The fish are from a group of fish certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department of Agriculture (Department) and approved by the Commission. Persons selling the fish shall have in their possession, and present upon the request of an officer authorized to enforce the code, a copy of the fish health certification reports for all VHS-susceptible fish owned or kept at the place of sale.

   (3)  The fish are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department and approved by the Commission. Artificial propagation facilities shall have in their possession, and present upon the request of an officer authorized to enforce the code, a copy of the fish health certification report for the facility.

   (4)  The fish are being transported to a slaughter facility, processing plant or restaurant and the fish are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for slaughter, processing or consumption.

   (5)  The fish are dead, recreationally caught fish that are being transported solely for the purpose of human consumption.

 (c)  It is unlawful to possess and use VHS-susceptible species of fish from the Lake Erie watershed as bait in other watersheds of this Commonwealth except when the fish are from a group of fish certified as having tested negative for VHS or are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department and approved by the Commission.

 (d)  It is unlawful to introduce VHS-susceptible species of fish from the Lake Erie watershed into other watersheds of this Commonwealth except when the fish are from a group of fish certified as having tested negative for VHS or are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department and approved by the Commission.

 (e)  It is unlawful to sell VHS-susceptible species of fish from the Lake Erie watershed in other watersheds of this Commonwealth unless the following conditions are met:

   (1)  The sale meets the requirements of 30 Pa.C.S. §  2507 (relating to sale of certain fish, reptiles and amphibians prohibited).

   (2)  The fish are from a group of fish certified as having tested negative for VHS or are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department and approved by the Commission. Persons selling these fish shall have in their possession, and present upon the request of an officer authorized to enforce the code, either a copy of the fish health certification reports for all VHS-susceptible fish kept at the place of sale or a copy of the fish health certification report for the artificial propagation facility if the fish are from a facility certified as having tested negative for VHS.

   The provisions of this §  69.3 adopted under the Fish and Boat Code, 30 Pa.C.S. §  2102.

   The provisions of this §  69.3 adopted December 7, 2007, effective January 1, 2007, 37 Pa.B. 6402; amended December 12, 2008, effective January 1, 2009, 38 Pa.B. 6742. Immediately preceding text appears at serial pages (331463) to (331464).

   This section cited at 58 Pa. Code §  73.3 (relating to transportation and importation of VHS-susceptible species of fish).

Subchapter B. SPORT FISHING AND ANGLING

Sec.

 Except as otherwise provided in this subchapter, this subpart applies to fish and sport fishing in Lake Erie and its tributaries.

 (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 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)  A 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 tournament 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 will be counted in the donor’s creel limit and neither the donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

 (d)  It is unlawful to fish in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the first Saturday after April 11 until 8 a.m. on the first Saturday after April 11.

 (e)  It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the first Saturday after April 11 until 8 a.m. on the first Saturday after April 11.

 (f)  Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

 * It is unlawful to conduct or participate in a fishing tournament (as defined in §  63.40 (relating to seasons for fishing tournaments)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from the first Saturday after April 11 until the first Saturday after June 11.

   The provisions of this §  69.12 issued under the Fish and Boat Code, 30 Pa.C.S. § §  305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

   The provisions of this §  69.12 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 3, 1989, effective February 4, 1989, 19 Pa.B. 405; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5711; amended April 18, 1997, effective April 19, 1997, 27 Pa.B. 1934; 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 June 15, 2001, effective January 1, 2002, 31 Pa.B. 3205; amended September 27, 2002, effective December 1, 2002, 32 Pa.B. 4707; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230; amended December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5008; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859. Immediately preceding text appears at serial pages (331465) and (322917) to (322918).

 (a)  The following Lake Erie tributary streams are designated as Nursery Waters—Trout Run and its tributaries; Godfrey Run; Orchard Beach Run; and Crooked Creek (where posted). It is unlawful to fish, wade or possess fishing equipment while in or along Lake Erie tributary streams designated as Nursery Waters.

 (b)  Archery fishing or spear fishing is prohibited in or along Lake Erie tributary streams.

 (c)  From 12:01 a.m. on the day after Labor Day, until the first Saturday after April 11 of the following year, all Lake Erie tributary streams are closed to fishing from 10 p.m. until 5 a.m. on the following day except for Walnut Creek north of Manchester Road Bridge and Elk Creek north of Route 5.

 (d)  It is unlawful to fish from 10 p.m. until 5 a.m. of the following day within 50 yards of the mouth of both Trout Run and Godfrey Run while fishing the Lake Erie shoreline.

   The provisions of this §  69.12a amended under The Fish and Boat Code, 30 Pa.C.S. §  2102.

 (a)  It is unlawful for a person other than the holder of a Lake Erie commercial fishing license issued under section 2903 of the code (relating to boat and net licenses for boundary lakes), or the agents and employes of the licensee to take, catch or kill fish from the Pennsylvania waters of Lake Erie or its tributaries for the purpose of selling the fish or offering them for sale.

 (b)  It is unlawful for a person, other than the holder of a Lake Erie commercial fishing license issued under section 2903 of the code or the agents and employes of the licensee to sell or offer for sale fish that was taken from, caught or killed in from the Pennsylvania waters of Lake Erie or its tributaries.

 (c)  It is unlawful to knowingly purchase fish taken, caught or killed from or in the Pennsylvania waters of Lake Erie or its tributaries except from the holder of a commercial license issued under section 2903 of the code or the agent or employe of the licensee.

   The provisions of this §  69.18 adopted April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; reserved November 5, 1999, effective November 6, 1999, 29 Pa.B. 5722. Immediately preceding text appears at serial page (227665).

Subchapter C. COMMERCIAL FISHING LICENSES

Sec.

 (a)  The number and types of commercial fishing licenses for fishing in Lake Erie shall be limited as follows:

   (1)  Trap nets: Up to three individuals may be licensed to fish up to six trap nets each. Each trap net requires a separate license.

   (2)  Trawls: zero licenses.

   (3)  Seines: ten licenses.

   (4)  Outlines: zero licenses.

 (b)  Implementation of trap net licenses. The Executive Director may implement subsection (a)(1), providing for additional trap net licenses, by gradually increasing the number of trap net licenses on an annual basis up to the maximum number of licenses authorized. In making a determination on how many trap net licenses to issue, the Executive Director may consider the available estimates of fish populations and the possible impacts of additional commercial fishing efforts.

   The provisions of this §  69.21 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2903.

   The provisions of this §  69.21 amended February 26, 1993, effective February 27, 1993, 23 Pa.B. 942; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496. Immediately preceding text appears at serial pages (261353) to (261354).

 (a)  Renewals. Licensees applying for renewal of a Lake Erie commercial fishing license shall submit their application on forms provided by the Commission by no later than March 26 of the year for which the license is sought. The applicant shall fully and accurately complete the application and provide requested information.

 (b)  Nonrenewals. Applicants for new licenses shall submit their applications on forms provided by the Commission by no later than April 15 of the year for which the license is sought. Applicants shall fully and accurately complete the application form and provide requested information. A new license will not be issued until on or after April 16. If there are more applicants for new licenses than the number of licenses available after renewals have been issued, on or after April 16, the Executive Director will cause a random drawing to be conducted to determine which applicants for new licenses shall be issued these licenses.

 (c)  Residency. Applicants for resident commercial fishing licenses shall submit proof of their residence in this Commonwealth by showing that they paid personal income tax to the Commonwealth for the year prior to the year of application. Proof shall include evidence that the applicant paid resident personal income tax to the Commonwealth and did not pay income tax as a resident of any other state or sovereignty. Applicants for resident commercial licenses shall also submit proof that boats used for fishing in Commonwealth waters of Lake Erie are either registered with the Commonwealth or documented in accordance with law. To qualify for a resident license, both the applicant and the principal operators of the gear subject to licensing shall prove to the satisfaction of the Commission that they are bona fide residents of this Commonwealth. The applicant shall submit the names and addresses of all operators of the gear to be licensed, including proof of their residence in this Commonwealth.

 (d)  Ownership. The applicant for a Lake Erie commercial fishing license shall prove to the satisfaction of the Commission that the applicant is the owner or lessee of the gear to be licensed. A license will not be issued to an individual who is not the owner or lessee of the gear for which application is made for licensing.

 (e)  Age. Applicants for a commercial fishing license under this chapter shall submit proof that they are at least 18 years of age.

 (f) Boats. Applicants for a commercial fishing license under this chapter shall provide a description of the boats to be used with licensed gear.

   The provisions of this §  69.22 amended under 30 Pa.C.S. § §  2102 and 2903.

 (a)  Licensees shall personally sign and attest to all reports required by this chapter or by statute.

 (b)  Licensees are personally responsible for, and shall be physically present during, the day-to-day operation of gear licensed under this chapter and section 2903 of the code (relating to boat and net licenses for boundary lakes). Day-to-day operation of gear includes setting, lifting, pulling and cleaning of nets and the sorting and landing of catch. If exigent circumstances preclude the physical presence of the licensee during the day-to-day operation of gear, the licensee shall notify in advance the Northwest Region Law Enforcement Office.

 (c)  A licensee shall prove to the satisfaction of the Commission that the licensee is responsible to carry out the obligations of the license. The proof shall consist of the following:

   (1)  For the first year of application for a license, the applicant shall show proof of ownership or lease of gear authorized for license under this chapter and section 2903 of the code.

   (2)  For the second and all subsequent years, the licensee shall show proof of at least 50 days of commercial fishing in the Commonwealth waters of Lake Erie in the previous year.

 (a)  A licensed trap netter may not use or fish more than six trap nets, singularly or in a series or tandem set, at any one time.

 (b)  No more than two licensed trap netters may fish from the same boat at any one time. If two licensed trap netters fish from the same boat at the same time, the trap netters shall clearly and distinctly separate their catch into containers or boxes marked with their respective license numbers.

   The provisions of this §  69.24 amended under 30 Pa.C.S. § §  2102 and 2903.

 (a)  The holder of a license described in this chapter or section 2903 of the code (relating to boat and new licenses for boundary lakes), shall file a monthly report with the Commission describing the licensee’s daily catch for each grid fished during the period. When a trap net licensee holds multiple trap net licenses, the licensee shall only file one consolidated report each month for catches with all trap nets. Separate reports shall be filed for other types of licensed gear. Reports shall be made on forms furnished by the Commission and shall be received on or before the 5th day of the month following the month to which the report pertains. Reports shall be sent to the Fish and Boat Commission, Northwest Region Law Enforcement Office.

 (b)  Whenever the Executive Director deems it necessary to provide for better protection and management of the Lake Erie fishery, the Executive Director may require that commercial licensees submit weekly or daily reports of their catches. A weekly report is due on or before noon of Wednesday of the week following the week to which the report pertains. A daily report is due by 4 p.m. of the day following the day to which it pertains. Licensees will be advised in writing of the requirement to submit weekly or daily reports. Weekly or daily reports shall be submitted to the same address as monthly reports.

 (c)  It is unlawful for a licensee to fail to report accurately and in a timely manner matters required by this section. It is unlawful to fail to file a report for a specified period of time even if the licensee conducts no fishing activity during the time period.

 (d)  If a report required by this section is not received by the Commission by the date when it is due, the Executive Director or a designee will issue an order directing the licensee to suspend fishing operations until the required report is submitted. It is unlawful for a licensee to fish in violation of an order from the Executive Director or a designee to suspend operations for failure to submit a report. The Executive Director or a designee may extend the deadline for receipt of a report of not more than 5 days for a monthly report, 3 days for a weekly report and 1 day for daily report-upon written application of the licensee showing good cause for the delay. This subsection does not limit prosecution for failure to submit timely and accurate reports or to limit the Commission from taking appropriate action in accordance with Chapter 51 Subchapter C (relating to suspension, denial or revocation of licenses, permits, registrations or privileges) when a licensee is convicted of a violation of statute or regulations.

 (e)  Information contained in reports submitted under this section may be used for governmental purposes by the Commission and other agencies and for reporting catch statistics to the authorized agent of the United States Fish and Wildlife Service. Information contained in the reports will not be released to the public without the consent of the licensee except as may be required in compliance actions and prosecutions for violation of reporting requirements or as otherwise required by law.

 (f)  At least one copy of the monthly report shall be kept on the boat and be available for inspection and review by an officer authorized to enforce the code or this part. This report form shall be updated by the captain or principal operator on a daily basis. Information entered on this report shall be complete, up-to-date and accurately reflect daily catches for the month.

 (g)  The holder of a license described in this chapter or section 2903 of the code shall estimate the weight of the daily catch before landing and document this information on forms provided by the Commission.

   The provisions of this §  69.26 amended under 30 Pa.C.S. § §  2102 and 2903.

   The provisions of this §  69.29 amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; reserved March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155. Immediately preceding text appears at serial page (213814).

Subchapter D. COMMERCIAL FISHING, SEASONS AND NETS

Sec.

 (a)  Commercial fishing in Pennsylvania waters of Lake Erie is permitted throughout the year. After December 31 and before June 1, commercial fishing may be limited by the Executive Director to fishing days as he deems necessary and appropriate to provide for the better protection and management of fish. It is unlawful to fish commercially or with a device subject to licensing under this chapter and section 2903 of the code (relating to boat and net licenses for boundary lakes) in the Pennsylvania waters of Lake Erie—including setting and lifting of nets or other activities—on days when the Executive Director restricts such fishing after December 31 and before June 1.

 (b)  The commercial fishing season for walleye is January 1 to March 14 and 12:01 a.m. the first Saturday in May to December 31. This season will close on the date established by the Executive Director as marking the probable attainment of the total allowable catch for walleye for that year. The total allowable catch for walleye for any year will be determined by the Executive Director and announced annually on or before March 1. After the announcement, the Executive Director may, from time to time, revise the total allowable catch for that year if he determines that conditions so warrant. The Executive Director or a designee will monitor monthly, weekly and daily reports of catch of walleye and will declare the season to be closed on a date the Director determines will probably mark attainment of the total allowable catch. It is unlawful for a person fishing under a commercial fishing license or with a device subject to licensing under section 2902 of the code (relating to net permits) to take, catch or attempt to catch walleye except during the walleye season established under this subsection. Walleye accidentally caught out of season shall be immediately returned to the waters from which it was taken regardless of its condition and reported within 2 business days to the Commission at the address where commercial catch reports are filed.

 (c)  The commercial fishing season for yellow perch is January 1 until the date established by the Executive Director as marking the probable attainment of the total allowable catch for yellow perch for that year. The total allowable catch for yellow perch for any year will be determined by the Executive Director and announced on or before March 1. After the announcement, the Executive Director may revise the total allowable catch for that year if he determines that conditions so warrant. The Executive Director or his designee will monitor the monthly, weekly and daily reports of catch of yellow perch and will declare the season to be closed on the date the Director determines will probably mark attainment of the total allowable catch. It is unlawful for any person fishing under a commercial fishing license or with a device subject to licensing under section 2902 of the code (relating to net permits), to take, catch, or attempt to catch yellow perch except during the yellow perch season established under this subsection. Yellow perch accidentally caught out of season shall be immediately returned to the waters from which it was taken regardless of its condition and reported within 2 business days to the Commission at the address where commercial catch reports are filed.

   The provisions of this §  69.31 issued under the Fish and Boat Code, 30 Pa.C.S. §  2903; and amended under the Fish and Boat Code, 30 Pa.C.S. 2102.

   The provisions of this §  69.32 amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 949; amended February 26, 1993, effective February 27, 1993, 23 Pa.B. 942; reserved April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706. Immediately preceding text appears at serial pages (166375) to (166376).

 (a)  Size. Trap nets, cribs and associated leads shall be constructed of twine not lighter than number 12 thread/cord. A trap net lead or lifting crib with a mesh in violation of this section, whether being fished or held in possession, shall be subject to confiscation by the Commission.

 (b)  Species. A commercial trap net licensee may not possess or sell a fish except in compliance with the following size limits and seasons. The following size limits apply to commercial trap net licensees except that 5% of each licensee’s daily catch by number per species may be undersized fish that may be lawfully sold:

 (c)  Buoys/tags. Marker buoys shall be attached to the beginning of each lead and to the back of the crib. A staff extending 8 feet above the water with a minimum size flag of 18 inches by 18 inches secured near the top shall be attached to the anchor for the beginning of the lead and a staff extending 8 feet above the water with 2 minimum size flags of 18 inches by 18 inches (double flags) shall be attached to the anchor for the crib. The licensee shall affix a metal, numbered tag provided by the Commission to each of the required staffs showing the name and address of the owner or the lessee. Licensees shall report a seal that is lost, misplaced or stolen orally within 24 hours of discovery and in writing to the Commission at Northwest Law Enforcement Region within 2 business days. Improperly marked or tagged nets shall be subject to confiscation by the Commission. Officers authorized to enforce the code and this part may mark trap nets for the purpose of determining the number of trap nets being used by a particular licensee.

 (d)  Restricted period. From January 1 through June 15, no part of a trap net may be set within 0.5 miles of Lake Erie shoreline, except between longitudes 80°00" and 80°10" where no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline. From June 16 through December 31, no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline.

 (e)  Time. Trap nets may be fished 24 hours a day, but it is unlawful to set or lift them during the period from 30 minutes after sunset to 30 minutes before sunrise. Trap nets may be set or fished, or both, from March 1 to November 30.

 (f)  Description of trap net.

   (1)  In the most general sense, a trap net is a compartmentalized trap, consisting of a lead, heart, tunnel and crib with wings and funnels. Fish are entrapped in the crib by swimming along a lead which directs the animal progressively through the heart, tunnel and into the crib. The netting and webbing which make up the crib shall be a single sheet external panel, subject to mesh size regulation to allow small, young fish a means of escape.

   (2)  A trap net fishing device is designed to catch fish by impoundment, as opposed to catching fish by entanglement, which is the action by which gill nets capture fish. Fish caught by impoundment remain alive and swimming for an extended period while confined within the trap net crib. Fish caught by entanglement are unable to free themselves of the net, cannot swim freely and cannot be expected to live while entangled in the gear. The elements of netting, webbing and twine (thread) size (diameter) used in the construction of a trap net shall be of design and dimension that will discourage, prohibit and preclude the enmeshing and entanglement of fish in the netting of any part of the trap net device. The netting of the crib shall be constructed as a single panel or sheet of webbing. Lawful trap nets may not have liners or covers which would make the external crib webbing two or more sheets in thickness.

   (3)  As used in this chapter, the term ’’trap net’’ includes hoop nets and fyke nets.

 (g)  Setting or tending trap nets. A boat engaged in the setting or tending of trap nets shall comply with Navigation Rule 26 (United States Coast Guard) from the time the boat leaves the dock until it arrives back at the dock.

   The provisions of this §  69.33 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2903.

 (a)  Species. It is unlawful to use a seine for commercial fishing in Lake Erie except for the taking of minnows and smelt. There shall be no minimum length or legal species captured by means of seines.

 (b)  Taking shiners. It is unlawful to use a seine for the purpose of taking smelt, emerald shiners, and spot tail shiners within an area 300 feet from the mouth of any stream or within the confines of a stream tributary to Lake Erie.

 (c)  Presque Isle Bay. In the waters of Presque Isle Bay it is unlawful to use a seine other than from a dock or a boat. Seines of a length of more than 12 feet are prohibited.

 (d)  Lake Erie proper. Shore seining and seining from docks and boats with no restrictions on the type or size of seine used is permitted for legal species designated in subsection (a).

 (a)  It is unlawful, while fishing under a commercial fishing license, for commercial purposes, or with devices subject to licensing under this chapter and section 2903 of the code (relating to boat and net licenses for boundary lakes) to attempt to catch any species of salmon, trout—including lake trout, sauger, largemouth bass, smallmouth bass, muskellunge, northern pike and longjawed cisco. Fish that are accidentally caught shall be returned immediately to the waters from which it was taken regardless of its condition and reported to the Commission.

 (b)  It is unlawful for a person other than the holder of a commercial fishing license, an authorized agent or an officer authorized to enforce the code or this part to lift clear, or disturb a commercial net or net-marking buoy.

 (c)  It is unlawful while fishing under a commercial license or otherwise fishing with a device subject to commercial licensing to manipulate, alter or otherwise use a commercial fishing device including gill nets in a way to reduce the effective mesh size of the net being fished.

 (d)  It is unlawful to fish by hook and line from a boat engaged in commercial fishing under this chapter.

   The provisions of this §  69.37 amended under 30 Pa.C.S. § §  2102 and 2903.

 (a)  Fish caught under a Commonwealth commercial fishing license will be landed in this Commonwealth. Each licensee shall notify the Commission of thelocation and address where the licensee proposes to land fish. It is unlawful to land fish caught under a Commonwealth commercial fishing license for fishing the Commonwealth waters of Lake Erie at any location outside this Commonwealth.

 (b)  Fish caught under a Commonwealth commercial fishing license shall be landed in this Commonwealth not later than 2 hours after sunset the same day as the net is cleared.

 (c)  Fish caught under a Commonwealth commercial fishing license may not be off-loaded onto a boat other than a boat on which they were caught.

 (d)  The Executive Director or his designee may grant an exception to subsection (a) and permit a commercial licensee to land its catch outside of this Commonwealth upon application in writing from the licensee showing reasonable grounds why it is impossible, infeasible, or impractical for the licensee to land its catch in this Commonwealth. A permit for a commercial licensee to land its catch outside this Commonwealth will set forth terms and conditions as the Executive Director may deem appropriate. It is unlawful for a licensee to land its catch outside this Commonwealth without first procuring the required permit and being in compliance with the terms and conditions thereof.

   The provisions of this §  69.39 amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

   The provisions of this §  69.39 amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155. Immediately preceding text appears at serial page (213819).

Subchapter E. TAGGED FISH CONTESTS
IN BOUNDARY LAKES

Sec.

§ 69.41. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Boundary lake—Lake Erie, Pymatuning Reservoir, Yougiogheny Reservoir, Allegheny River (Kinzua) Reservoir and the portions of other natural lakes or impoundments that lie between this Commonwealth and another state or nation over which the Commonwealth exercises jurisdiction.

   Tagged-fish contest—An event where a person who has paid a fee to enter the contest wins a prize for catching a specially tagged, marked or branded fish.

   The provisions of this §  69.41 issued under 30 Pa.C.S. § §  2102 and 2904.

 (a)  It is unlawful for a person to conduct a tagged-fish contest on Commonwealth waters unless the person has first procured a permit issued by the Commission under section 2907.1 of the code (relating to tagged fish contests on boundary lakes) and this subchapter.

 (b)  As required by section 2907.1 of the code, the Commission will issue permits for tagged-fish contests on boundary lakes where the other state which bounds the lake permits the contests under the procedures in this subchapter unless the Commission finds that the proposed contest threatens the fisheries resources of the Pennsylvania portion of the boundary lake where the contest is to be conducted. Before issuing a permit, the Commission staff will make two findings as follows:

   (1)  Whether the other state which bounds the lake permits the contests.

   (2)  Whether the proposed contest threatens the fisheries resources of the Commonwealth portion of the boundary lake where the contest is to be conducted.

 (c)  The issuance of a permit under section 2907.1 of the code and this subchapter does not constitute a Commission endorsement of the permitted tagged-fish contest nor does the issuance of a permit constitute a finding that the permitted contest is otherwise lawful or complies with other Commonwealth statutes or regulations. The sponsors of tagged-fish contests are solely responsible to ensure compliance with applicable statutes and regulations. It is unlawful for the sponsors of a tagged-fish contest permitted under section 2907.1 of the code and this subchapter to advertise, publicize or otherwise indicate that the contest is endorsed by the Commission.

 (d)  With the exception of the issuance of a permit as required by section 2907.1 of the code and routine law enforcement on the waters where a permitted contest is to be held, the Commission and its staff will not be involved in the administration, conduct, management or control of a tagged-fish contest. The Commission will not:

   (1)  Provide fish for the contests from Commission hatcheries or from cooperative nurseries recognized by the Commission.

   (2)  Catch, tag or mark fish for the contests.

   (3)  Enforce the rules of the tagged-fish contest.

   (4)  Receive or inspect tags or fish caught in a tagged-fish contest.

   (5)  Determine or assist in the determination of whether prizes should be awarded for fish caught in a tagged-fish contest.

   (6)  Award prizes.

   (7)  Perform other activities related to the administration of the contest.

 (e)  Except as otherwise specifically provided in this subchapter, the review and disposition of applications for tagged-fish contest permits shall follow the procedures specified in § §  51.41—51.46.

   The provisions of this §  69.42 issued under 30 Pa.C.S. § §  2102 and 2904.

 (a)  Applications for permits to conduct tagged-fish contests shall be submitted on forms approved by the Commission.

 (b)  The permit application shall be accompanied by an original letter, signed by the head of the agency or a designee responsible for regulating fishing and boating in the state, province or nation which bounds the boundary lake where the proposed contest is to be conducted indicating that the other state permits the proposed contest.

 (c)  The application shall include information on the species of fish to be marked and tagged, the number and species of fish to be released, the anticipated number of anglers and boaters who may participate in the contest, the duration of the contest, the number of fish expected to be caught by participants in the contest and a description of the applicant’s assessment of the impacts that the tagged-fish contest will have on fisheries resources of Commonwealth waters where the contest is to be conducted.

 (d)  To permit the Commission adequate time to review the fishery resource implications of a proposed tagged-fish contest on Commonwealth boundary lakes, the application for a proposed contest shall be received by the Commission at the address indicated in subsection (f) at least 90 days in advance of the date of the proposed contest. The 90-day time limit for filing permit applications for tagged-fish contests is an exception to §  51.42 (relating to applications).

 (e)  Permits issued under section 2907.1 of the code are deemed by the Commission to be permits for the protection and management of the particular species of fish targeted by the proposed tagged-fish contest. The application for a permit shall be accompanied by a permit fee of $100.

 (f)  Questions concerning permit applications may be referred to the Bureau of Law Enforcement at (717) 657-4542. Applications for permits are available from and shall be submitted to:
  Pennsylvania Fish and Boat Commission
  Bureau of Law Enforcement
  Post Office Box 1673
  Harrisburg, Pennsylvania 17105-1673

   The provisions of this §  69.43 issued under 30 Pa.C.S. § §  2102 and 2904.

 (a)  The Bureau of Law Enforcement will review permit applications for completeness. Incomplete applications will be returned without action to the applicant.

 (b)  When a permit application is deemed complete, the Bureau of Law Enforcement will publish a notice of the receipt of the application in the Pennsylvania Bulletin. The notice will provide the public with at least 15 days to offer comments, protests, interventions or objections with respect to the application for the proposed tagged-fish contest. Permit applications, together with public comments or objections, will be reviewed, at a minimum, by the Bureau of Fisheries and the Bureau of Law Enforcement. The comments and recommendations of fisheries and enforcement personnel with responsibility for the site of the proposed contest will be solicited.

 (c)  If the Director of the Bureau of Fisheries or a designee makes a recommended finding that the proposed contest is likely to result in substantial public interest or controversy, significant adverse impacts on fisheries resources or threats to the fisheries resources of Commonwealth waters of the boundary lake where the contest is to be conducted, the Director of the Bureau of Law Enforcement will:

   (1)  Notify the applicant.

   (2)  Publish a notice in the Pennsylvania Bulletin under §  51.43(c) (relating to staff review), which will provide at least 15 days notice of the date, time and place of a public hearing on the proposed permit and at least 15 days for the submission of written comments, protests and interventions concerning the proposed permit.

 (d)  After completion of the public hearing and consideration of the public comments, the Executive Director will issue or deny the permit based upon a finding of whether or not the proposed contest threatens the fisheries resources of Commonwealth waters of the boundary lake where the proposed contest is to be conducted. The applicant and a person aggrieved by the Executive Director’s action may appeal as provided in § §  51.44—51.46 (relating to appeals; procedures; and final agency action).

 (e)  If the Director of the Bureau of Fisheries or a designee makes a recommended finding that none of the factors listed in subsection (c) applies to the proposed contest, the Director of the Bureau of Law Enforcement will issue the permit without further proceedings.

   The provisions of this §  69.44 issued under 30 Pa.C.S. § §  2102 and 2904.

   The provisions of this §  69.44 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179.