Subchapter B. SPORT FISHING AND ANGLING

 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).