Subchapter C. COMMERCIAL FISHING LICENSES


Sec.


69.21.    Limitations on numbers and types of commercial licenses.
69.22.    Applications.
69.23.    Responsibility of licensees.
69.24.    Limitations on gear.
69.25.    Transfer of licenses.
69.26.    Reports.
69.27.    Expiration of license.
69.28.    Commercial fishing without license.
69.29.    Commercial fishing for underutilized species.

Cross References

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

§ 69.21. Limitations on number and types of commercial licenses.

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

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

   (2)  Seines: 40 licenses. An applicant may be issued up to three seine licenses in a year. Each seine requires a separate license.

Authority

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

Source

   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; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502. Immediately preceding text appears at serial page (342729).

Cross References

   This section cited in 58 Pa. Code §  69.25 (relating to transfer of licenses).

§ 69.22. Applications.

 (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 1 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 March 15 of the year for which the license is sought. Applicants shall fully and accurately complete the application and provide requested information. A new license will not be issued until on or after April 1. If there are more applicants for new licenses than the number of licenses available after renewals have been issued, on or after April 1, 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 Federal 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.

Authority

   The provisions of this §  69.22 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2903.

Source

   The provisions of this §  69.22 amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 949; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502. Immediately preceding text appears at serial pages (342729) to (342730).

§ 69.23. Responsibility of licensees.

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

 (b)  Trap net 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)  Seine net licensees are personally responsible for the day-to-day operation of gear licensed under this chapter and section 2903 of the code. The seine net licensee, agent or employee of a licensee may conduct day-to-day operation of the licensed seine net. Day-to-day operation of gear includes setting, pulling and cleaning of the seine net and the sorting and landing of catch.

 (d)  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 subsequent years, the trap net licensee shall show proof of at least 50 days of commercial fishing with the licensed gear in the Commonwealth waters of Lake Erie in the previous year.

   (3)  For the second and subsequent years, the seine net licensee shall show proof of at least 10 days of commercial fishing with the licensed gear in the Commonwealth waters of Lake Erie including Presque Isle Bay in the previous year.

 (e)  A licensee that fails to show proof of the required minimum number of days of commercial fishing with the licensed gear may not be eligible for renewal of the license for the next year.

Authority

   The provisions of this §  69.23 amended under the Fish and Boat Code, 30 Pa.C.S. §  2903.

Source

   The provisions of this §  69.23 amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502. Immediately preceding text appears at serial pages (342730) to (342731).

§ 69.24. Limitations on gear.

 (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.

Authority

   The provisions of this §  69.24 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2903.

Source

   The provisions of this §  69.24 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 (227667) to (227668).

§ 69.25. Transfer of licenses.

 Lake Erie commercial fishing licenses are the sole property of the Commonwealth. When a licensee of gear licensed under §  69.21 (relating to limitations on numbers and types of licenses) ceases commercial fishing, that license for that gear may be transferred to a qualified applicant who acquires possession of the licensed gear. The transferee shall pay the full license fee for the year in which the license is transferred. Transfers of licenses are subject to approval of the Commission based upon conditions existing at the time of proposed transfer. Licensees may not represent to potential transferees that the transfer of a license is a right or is otherwise guaranteed by statute or regulation.

§ 69.26. Reports.

 (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. 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.

Authority

   The provisions of this §  69.26 amended under the Fish and Boat Code, 30 Pa.C.S. § §  2102 and 2903.

Source

   The provisions of this §  69.26 amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 949; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502. Immediately preceding text appears at serial pages (342731) to (342732).

§ 69.27. Expiration of license.

 A commercial license issued under this chapter or section 2903 of the code (relating to boat and net licenses for boundary lakes), shall expire on December 31 of the year for which it was issued.

§ 69.28. Commercial fishing without license.

 It is unlawful to fish commercially or with a device subject to license under section 2903 of the code (relating to boat and net licenses for boundary lakes) in the Pennsylvania waters of Lake Erie except under a commercial license issued under this chapter and section 2903 of the code and in compliance with all requirements statutes, regulations and the terms and conditions set forth in the license.

§ 69.29. [Reserved].


Source

   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).



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