Subchapter B. SPORT FISHING AND ANGLING


Sec.


69.11.    Applicability of fishing regulations.
69.12.    Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters.
69.12a.    Special regulations applicable to Lake Erie tributary streams.
69.12b.    Lake Erie walleye and yellow perch adaptive management for establishing daily limits.
69.13.    [Reserved].
69.14.    [Reserved].
69.15.    [Reserved].
69.16.    Nursery waters.
69.17.    Sale of fish.
69.18.    [Reserved].
69.19.    Permit for the use of cast nets, throw nets or dip nets by sport anglers.

Cross References

   This subchapter cited in 58 Pa. Code §  69.1 (relating to statutory authority).

§ 69.11. Applicability of fishing regulations.

 Except as otherwise provided in this subchapter, this subpart applies to fish and sport fishing in Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters.

Authority

   The provisions of this §  69.11 amended under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  69.11 amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502. Immediately preceding text appears at serial page (346701).

§ 69.12. Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula 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 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. A fish that is injured or is bleeding as a result of being caught will not be considered unharmed and will be considered as part of a daily creel or possession limits. 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 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 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)  Except as otherwise provided in subsections (d) and (e) and this subpart, the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES SEASONS MINIMUM SIZE DAILY LIMIT
MUSKELLUNGE and MUSKELLUNGE HYBRIDS Inland seasons apply. See §  61.1 (relating to Commonwealth inland waters). 40 inches 1
PIKE Northern Inland seasons apply. See §  61.1 (relating to Commonwealth inland waters). 24 inches 2
WALLEYE January 1 to midnight March 14 and May 1 to December 31. 15 inches Established annually by April 15*
BASS  Largemouth  Smallmouth January 1 to first Saturday after April 11 and first Saturday after June 11 until December 31. 15 inches 4 (combined species)
First Saturday after April 11 until first Saturday after June 11.*20 inches1
TROUT and SALMON 8 a.m. first Saturday after April 11 until midnight Labor Day. 9 inches 5 (combined species only 2 of which may be lake trout).
12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the first Saturday after April 11. 15 inches 3 (combined species only 2 of which may be lake trout).
STURGEON No open season ENDANGERED SPECIES
 YELLOW PERCH From December 1 through April 30 7 inches Established annually by April 15**
From May 1 through November 30NoneEstablished annually by April 15*
SUNFISH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS, EELS, CARP, WHITE BASS Open year-round None 50 (combined species)
BURBOT (when taken by hook and line) Open year-round None 5
BURBOT (when taken by scuba divers by use of nonmechanical spears or gigs at a depth of at least 60 feet) June 1 to September 30 None 5
SMELT (when taken by hook and line) Open year-round None None
AMERICAN EELOpen year-round9 inches25
BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfish Open year-round None 50 (combined species)
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.
MUSSELS/CLAMSClosed year-round0
ALL OTHER SPECIES Inland Regulations apply. (See §  61.1.)

 * It is unlawful to conduct or participate in a fishing tournament (as defined in §  63.40 (relating to fishing tournaments and fishing derbies)) 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.

 ** See §  69.12b (relating to Lake Erie walleye and yellow perch adaptive management for establishing daily limits). After the Executive Director establishes the daily limit for the year, the information will be posted on the Commission’s web site and available from any Commission office.

Authority

   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.

Source

   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; corrected December 11, 2009, effective April 11, 2009, 39 Pa.B. 7009; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1766; 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 (372610) to (372613).

Cross References

   This section cited in 58 Pa. Code §  69.19 (relating to permit for the use of cast nets, throw nets or dip nets by sport anglers).

§ 69.12a. Special regulations applicable to Lake Erie tributary streams.

 (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 fish-ing 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.

Authority

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

Source

   The provisions of this §  69.12a adopted March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4765. Immediately preceding text appears at serial pages (322918) to (322919).

§ 69.12b. Lake Erie walleye and yellow perch adaptive management for establishing daily limits.

 The Executive Director or a designee will monitor the walleye and yellow perch populations in Lake Erie taking into account commercial and recreational harvest. Based on that information, the Executive Director will establish daily limits for walleye and yellow perch that are necessary and appropriate for the better protection and management of the fishery. The Executive Director will establish the daily limits for walleye and yellow perch each year and announce them on or before April 15. In any given year, the Executive Director may revise the daily limit for walleye or yellow perch if the Executive Director determines that conditions warrant a revision. The daily limits will remain in effect until the Executive Director establishes new daily limits. Anglers are responsible for obtaining the current daily limits for walleye and yellow perch on Lake Erie including Presque Isle Bay prior to fishing those waters.

Authority

   The provisions of this §  69.12b issued under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  69.12b adopted March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502.

§ 69.13.  [Reserved].


Source

   The provisions of this §  69.13 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1952; 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. 5609; reserved March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230. Immediately preceding text appears at serial pages (292832), (292131) and (236589) to (236590).

§ 69.14.  [Reserved].


Source

   The provisions of this §  69.14 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609; reserved March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230. Immediately preceding text appears at serial pages (236590) to (236593).

§ 69.15. [Reserved].


Source

   The provisions of this §  69.15 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1952; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609; reserved March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230. Immediately preceding text appears at serial pages (236593) to (236594).

§ 69.16. Nursery waters.

 The Executive Director, with the approval of the Commission, may designate nursery waters or exhibition areas on Lake Erie and its tributaries to which the penalties of section 2106 of the code (relating to fishing in hatchery or nursery waters) apply. The designation of Lake Erie or tributary waters as nursery waters or exhibition areas shall be effective upon posting of the waters after publication of a notice of designation in the Pennsylvania Bulletin.

§ 69.17. Sale of fish.

 (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.

 (d)  In prosecutions for violations of this section, it shall be presumed that any species of fish that lives or occurs within Pennsylvania waters of Lake Erie or its tributaries which fish is sold, offered for sale or purchased in this Commonwealth was taken, caught or killed from the Pennsylvania waters of Lake Erie or its tributaries. A person accused of a violation of this section may rebut the presumption that fish were taken, caught or killed from the Pennsylvania waters of Lake Erie or its tributaries by proving that he lawfully obtained the fish from a source other than the Pennsylvania waters of Lake Erie or its tributaries.

§ 69.18. [Reserved].


Source

   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).

§ 69.19. Permit for the use of cast nets, throw nets or dip nets by sport anglers.

 (a)  The Executive Director or a designee may issue permits for the use of cast nets, throw nets or dip nets for the taking of emerald shiners or spottail shiners from Lake Erie including Presque Isle Bay.

 (b)  In addition to other permit conditions that the Executive Director may require, the cast nets or throw nets may not be greater than 10 feet in radius (20 feet in diameter) and the dip nets may not be greater than 10 feet in diameter.

 (c)  Notwithstanding the provisions in §  69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters), holders of a permit issued under this section may take, catch, kill or possess a daily creel limit of 200 emerald shiners and spottail shiners (combined species).

 (d)  A person may apply for a permit for the use of cast nets, throw nets or dip nets by completing the form prescribed by the Commission. The applicant shall submit the completed form to the Commission along with the fee in section 2902 of the code (relating to net permits).

 (e)  It is unlawful to use cast nets, throw nets or dip nets for the taking of emerald shiners or spottail shiners or to take, catch, kill or possess more than the daily creel limit of emerald shiners or spottail shiners as set forth in §  69.12 without the required permit. A permit for the use of cast nets, throw nets or dip nets shall be carried so that it can be presented to an officer authorized to enforce the code. The permit holder is the only person authorized to use the cast net, throw net or dip net.

 (f)  It is unlawful to use emerald shiners or spottail shiners taken under a permit for the use of cast nets, throw nets or dip nets as bait in any water other than Lake Erie and Lake Erie tributaries including Presque Isle Bay.

 (g)  It is unlawful to sell, offer for sale, trade or barter live, dead or preserved emerald shiners or spottail shiners taken under a permit for the use of cast nets, throw nets or dip nets.

 (h)  It is unlawful to transport or export live, dead or preserved emerald shiners or spottail shiners taken under a permit for the use of cast nets, throw nets or dip nets out of the Lake Erie watershed.

 (i)  The holder of a permit for the use of cast nets, throw nets or dip nets may possess an unlimited number of preserved emerald shiners or spottail shiners at the permit holder’s residence provided the residence is located within the Lake Erie watershed.

 (j)  It is unlawful for a holder of a permit under this section to use a cast net, throw net or dip net within 100 yards of a holder of a commercial seine license.

 (k)  It is unlawful for a holder of a permit under this section to use a cast net, throw net or dip net within an area 300 feet from the mouth of any stream or within the confines of a tributary stream to Lake Erie.

 (l)  It is unlawful for a holder of a permit under this section to use a cast net, throw net or dip net to interfere with sport anglers or boaters.

Authority

   The provisions of this §  69.19 issued under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  69.19 adopted March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502.



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