CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS

Sec.


61.1.    Commonwealth inland waters.
61.2.    Delaware River, West Branch Delaware River and River Estuary.
61.3.    Pymatuning Reservoir.
61.4.    Conowingo Reservoir.
61.7.    Susquehanna River and tributaries.
61.8.    Lehigh River, Schuylkill River and tributaries.

Source

   The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46, unless otherwise noted. Immediately preceding text appears at serial pages (68807), (73335) to (73336) and (80322).

§ 61.1. Commonwealth inland waters.

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

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

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

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

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

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

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

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

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

MINIMUM
DAILY
SPECIESSEASONS
SIZE
LIMIT
ALL SPECIES OF TROUT AND SALMON (except  landlocked Atlantic salmon)Regular Season: 8 a.m. first Saturday after April 11 to midnight Labor Day7 inches5 (combined species) except areas with special regulations (see Chapter 65 (relating to special fishing regulations))
Extended Season: Stocked trout waters and all waters downstream of stocked trout waters 7 inches3 (combined species), except Class A wild trout streams, where the daily limit is 0, and areas with special regulations (see Chapter 65)
12:01 a.m. day after Labor Day to midnight last day of February of the following year
AMERICAN EELOpen year-round9 inches25
BASS—Largemouth and Smallmouth and Spotted
Lakes:January 1 to midnight the day before first Saturday after April 11 and November 1to midnight December 31** 15 inches4 (combined species from all habitats)
12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11NO HARVEST—Catch and immediate release only (No Tournaments Permitted)
12:01 a.m. the first Saturday after June 11 to midnight October 3112 inches6 (combined species)
BASS—Largemouth andSmallmouth andSpotted
Rivers and Streams*:January 1 to midnight the day before the first Saturday after April 11 and October 1 to midnight December 31**15 inches4 (combined species)
12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11NO HARVEST—Catch and immediate release only (No Tournaments Permitted)
12:01 a.m. the first Saturday after June 11 to midnight September 3012 inches6 (combined species)
MUSKELLUNGE  and MUSKELLUNGE HYBRIDS Open year-round 40 inches1
PICKEREL 18 inches4
NORTHERN PIKE 24 inches2
WALLEYE  and hybrids (Saugeye) January 1—March 14; and 12:01 a.m. first Saturday in May to midnight, December 3115 inches6
SAUGER12 inches6
AMERICAN SHAD***Open year-roundNo minimum3
HICKORY SHAD***Closed year-round 0
GIZZARD SHADOpen year-roundNo minimum50
RIVER HERRING (alewife and blueback herring)***Open year-roundNo minimum50
STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDSOpen year-round20 inches2 (combined species)
SUNFISH, YELLOW PERCH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS, CARP,WHITE BASS AND OTHER GAMEFISH NOT OTHERWISE LISTEDOpen year-roundNo minimum50 (combined species)
BAIT FISH FISH BAIT except American eel, mud bugs, mussels/clams and crayfishOpen year-roundNo minimum50 (combined species)
MUD BUGS (dragonfly nymphs)Open year-roundNo minimumUnlimited if taken from lakes, ponds, swamps and adjacent areas; 50 per day if taken from moving waters (rivers and streams)
MUSSELS/CLAMSClosed year-round0
PADDLEFISHClosed year-round0
CRAYFISH (ALL SPECIES)Open year-round50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

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

Authority

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

Source

   The provisions of this §  61.1 amended July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended August 27, 1999, effective January 1, 2000, 29 Pa.B. 4561; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 29, 2006, effective January 1, 2007, 36 Pa.B. 5976; amended July 2, 2010, effective July 3, 2010, 40 Pa.B. 3663; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 19, 2014, effective January 1, 2015, 44 Pa.B. 5969; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (376443) to (376444), (373641) to (373642) and (372945).

Cross References

   This section cited in 58 Pa. Code §  61.2 (relating to Delaware River, West Branch Delaware River and River Estuary); 58 Pa. Code §  61.7 (relating to Susquehanna River and tributaries); 58 Pa. Code §  61.8 (relating to Lehigh River, Schuylkill River and tributaries); 58 Pa. Code §  63.3 (relating to fishing in stocked trout waters); 58 Pa. Code §  63.48 (relating to permit for the use of cast nets or throw nets); 58 Pa. Code §  65.24 (relating to miscellaneous special regulations); and 58 Pa. Code §  69.12 (relating to seasons, sizes and creel limits—Lake Erie).

§ 61.2. Delaware River, West Branch Delaware River and River Estuary.

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

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

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

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

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

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

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

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

 (d)  The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries, from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

MINIMUM
SPECIES
SEASONS
SIZE
DAILY LIMIT
TROUT8 a.m., first Saturday after April 11 to midnight, October 15North of I-84: 14 inchesNorth of I-84: 1 (combined species)
South of I-84: no minimumSouth of I-84: 5 (combined species)
West Branch Delaware River:* 12 inchesWest Branch Delaware River:* 2 (combined species)
AMERICAN EELOpen year-round9 inches25
BASS  Largemouth and  SmallmouthJanuary 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 3112 inches5 (combined species)
12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11NO HARVEST—Catch and immediate release only
MUSKELLUNGE and MUSKELLUNGE HYBRIDSOpen year-round40 inches1
PICKEREL12 inches5
WALLEYEOpen year-round on the portion of the Delaware River between New Jersey and Pennsylvania; January 1 until midnight, March 14 and 12:01 a.m. first Saturday in May until midnight December 31, on the portion of the Delaware River between New York and Pennsylvania.18 inches3
AMERICAN SHADOpen year-roundNo minimum3
HICKORY SHADClosed year-round 0
RIVER HERRING (alewife and  blueback herring)Closed year-round0
STRIPED BASS and HYBRID STRIPED BASSFrom Pennsylvania line upstream to Calhoun Street Bridge: January 1 until March 31 and June 1 until December 3128 inches1
April 1 through May 3121 to 25 inches2
From Calhoun Street Bridge upstream: open year-round28 inches 1
STURGEONNo open season: Endangered Species
BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfishOpen year-roundNo minimum50 (combined species)
MUSSELS/CLAMSClosed year-round0
BLUE CRAB**Open year-roundHard shell: 4 inches measured point to point. Soft shell: 3.5 inches measured point to point1 bushel (combined species)
PIKE NorthernOpen year-round24 inches2
OTHER SPECIESInland seasons, size and creel limits apply except for waters under special regulations (See Chapter 65). See §  61.1 (relating to Commonwealth inland waters).
CRAYFISH (ALL SPECIES)Open year-round50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

   *A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 1 to midnight on the Friday before the first Saturday after April 11. See §  65.24. **It is unlawful for any person to possess a female crab bearing eggs from which the egg pouch or bunion has been removed.

Authority

   The provisions of this §  61.2 issued under the Fish and Boat Code, 30 Pa.C.S. § §  305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124; amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  61.2 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; 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 September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; 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 October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended February 12, 1999, effective February 13, 1999, 29 Pa.B. 819; amended June 15, 2001, effective, January 1, 2002, 31 Pa.B. 3205; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1229; amended November 21, 2003, effective January 4, 2004, 33 Pa.B. 5705; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended August 31, 2007, effective January 1, 2008; amended March 6, 2009, effective April 1, 2009, 39 Pa.B. 1201; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 254; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7084; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6678. Immediately preceding text appears at serial pages (378377) to (378379).

§ 61.3. Pymatuning Reservoir.

 (a)  It is unlawful to take, catch, kill or possess a fish of less than the minimum size specified in this section. However, it may not be 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.

 (b)  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 vio-lation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all of the fish during 1 calendar day.

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

   (4)  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 tournaments and fishing derbies), a fish placed on a stringer, or confined by any type of container, structure or device, or not returned immediately to the water, will be considered as part of the daily creel or possession limits. Fish returned to the water shall be handled carefully and be returned unharmed to the water from which taken.

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

 (c)  Except as provided by special regulations, the following sizes and creel limits apply to Pymatuning Reservoir:

MINIMUM
SPECIES
SEASONS
SIZE
DAILY LIMIT
WALLEYEOpen year-round15 inches6
BASSOpen year-round12 inches5
MUSKELLUNGE AND MUSKELLUNGE HYBRIDSOpen year-round30 inches2
OTHERS (including Bait Fish and Fish Bait)Open year-roundNoneNone
TURTLES (each species other than snapping turtles)Open year-roundNone2
MUSSELS/CLAMSClosed year-round0
CRAYFISH (ALL SPECIES)Open year-round50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

   Frogs and tadpoles may be taken only from July 1 to October 31, both dates inclusive. Lights or firearms may not be used to take frogs. Not over 15 tadpoles or frogs may be taken or possessed. Possession limit for each turtle species (other than snapping turtle) is two.* Hooks used to take turtles shall be at least 3 1/2 inches long with at least 1 inch space between point and shank. No closed season on turtles other than snapping turtles. *Snapping turtles—Statewide regulations apply.

Authority

   The provisions of this §  61.3 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 and 5122—5124; 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 §  61.3 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 April 19, 1996, effective April 20, 1996, 26 Pa.B. 1825; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3205; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177. Immediately preceding text appears at serial pages (369387) to (369388) and (358691).

§ 61.4. Conowingo Reservoir.

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

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

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

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

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

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

 (d)  The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:

MINIMUM
DAILY
SPECIES
SEASONS
SIZE
LIMIT
All Species ofTrout and SalmonOpen year-roundNo minimum
2 (combinedspecies)
BASSLargemouthSmallmouthJanuary 1 until midnightlast day of February and12:01 a.m., June 16until December 3112 inches5 (combinedspecies)
PIKE NorthernOpen year-round30 inches2 (combinedspecies)
WALLEYEOpen year-round15 inches5
MUSKELLUNGEandMUSKELLUNGEHYBRIDSOpen year-round36 inches1
PICKERELOpen year-round14 inches5
STRIPED BASS andSTRIPED BASS/WHITEBASS HYBRIDSOpen year-round18 inches2 (combined species), only one of which may exceed 30 inches in length
AMERICAN and HICKORY SHAD Closed (No open season)Closed0
RIVER HERRING (alewife and blueback herring) Closed (no open season)Closed0
SUNFISH (BLUE GILL and ROCK BASS)Open year-roundNo minimum15 (combined species)
CRAPPIES Open year-roundNo minimum15
CARPOpen year-roundNo minimum15
CHANNEL CATFISH Open year-roundNo minimum5
SUCKERSOpen year-roundNo minimum30
AMERICAN EELOpen year-round9 inches25
YELLOW PERCHOpen year-roundNo minimumNo daily limit
BAIT FISHFISH BAIT, except American eel, mussels/clams and crayfishOpen year-roundNo minimum35
ALL OTHER FISH SPECIESOpen year-roundNo mimimumNo daily limit
BIVALVES/SHELLFISH (Mussels/Clams)Closed (no open season)Closed0
CRAYFISH (ALL SPECIES)Open year-round50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

Authority

   The provisions of this §  61.4 amended 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 §  61.4 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended August 31, 2007, effective January 1, 2008, 37 Pa.B. 4752; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336. Immediately preceding text appears at serial pages (372599) to (372601).

Cross References

   This section cited in 58 Pa. Code §  61.1 (relating to Commonwealth inland waters); and 58 Pa. Code §  61.7 (relating to Susquehanna River and tributaries).

§ 61.7. Susquehanna River and tributaries.

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

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

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

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

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

   (4)  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 tournaments and fishing derbies), a fish placed on a stringer, or confined by any type of container, structure or device, or not returned immediately to the water will be considered as part of the daily creel or possession limits. Fish returned to the water shall be handled carefully and be returned unharmed to the water from which taken.

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

 (d)  The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ‘‘North Branch’’ and other tributaries within the Susquehanna River Basin except the Conowingo Reservoir—see §  61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):

SPECIES SEASONS MINIMUM SIZE DAILY LIMIT
AMERICAN and HICKORY SHAD and RIVER HERRING (alewife  and blueback  herring) Closed (no open season) Closed0
BASS  Largemouth  Smallmouth  Spotted Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See §  61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir, see §  61.4 (relating to Conowingo Reservoir).
OTHER SPECIES Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See §  61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir see §  61.4 (relating to Conowingo Reservoir).

Authority

   The provisions of this §  61.7 issued under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  61.7 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6225; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372951) to (372952) and (372603).

Cross References

   This section cited in 58 Pa. Code §  61.1 (relating to Commonwealth inland waters).

§ 61.8. Lehigh River, Schuylkill River and 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 a 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 a species of fish as specified in the chart in subsection (d) during 1 calendar day. It is unlawful to possess more than 1 day’s limit of a species of fish as specified in the chart in subsection (d) except under the following circumstances:

   (1)  A person may possess any number of lawfully caught fish at his 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 the fish during 1 calendar day. A fish is not considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.

 (d)  The following seasons, sizes and creel limits apply to the Lehigh River upstream of the first dam in Easton, Pennsylvania and its tributaries and the Schuylkill River upstream of the I-95 Bridge and its tributaries:

MINIMUM
DAILY
SPECIES
SEASONS
SIZE
LIMIT
AMERICAN SHADOpen year-roundNo Minimum
Catch and Release Only
RIVER HERRING (alewife and  blueback herring)Closed (no open season)Closed0
OTHER SPECIESInland seasons, size and creel limits apply except for waters under special regulations (see Chapter 65 (relating to special fishing regulations)). See §  61.1 (relating to Commonwealth inland waters).

Authority

   The provisions of this §  61.8 issued and amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  61.8 adopted March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended January 8, 2010, effective Janaury 9, 2010, 40 Pa.B. 254; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended October 5, 2012, effective January 1, 2013, 42 Pa.B. 6289; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372603) to (372604).



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