Title 58--RECREATION FISH AND BOAT COMMISSION [58 PA. CODE CHS. 53, 61, 63 AND 69] Fish Tournaments [26 Pa.B. 5701] The Fish and Boat Commission (Commission) by this order amends Chapters 53, 61, 63 and 69. The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments deal with Commission property and fishing.
A. Effective Date
These amendments will go into effect on January 1, 1997.
B. Contact Person
For further information on the amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
The amendments are published under the statutory authority of sections 741 and 2102 of the code (relating to control of property; and rules and regulations).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations relating to tournaments. The specific purpose and background of these amendments are described in more detail under the summary of changes.
E. Summary of Changes
Under current regulations, fishing tournaments are subject to two permit requirements. Tournaments conducted using Commission access areas or property require a permit for special use of Commission property, and most other tournaments apply for and receive a special activities permit since they involve an unusual congregation of boats for a specific purpose.
In 1991, the Commission proposed to update its tournament regulations and published a notice of proposed rulemaking to seek comment on a comprehensive update. At the October 1991 meeting, the Commission, on an evenly divided vote, failed to approve the regulations as final rulemaking.
Based on input from interested sportsmen and the public, the staff was asked to revisit the subject of tournament regulations during 1994. Draft regulations were prepared and circulated to Commissioners and staff for comment. At the November joint meeting of the Commission's Committees on Fisheries and Law Enforcement, these draft regulations were discussed in considerable detail with representatives of various user groups, including groups that sponsor or participate in tournaments. In November, the Commission received a request from the American Bass Association of the Lake Erie Region to waive culling regulations for so-called catch-and-release tournaments. The Coalition of Concerned Pennsylvania Anglers issued a position statement on fishing tournaments expressing alarm at the number of tournaments within this Commonwealth and the manner in which some tournaments are conducted.
In light of this interest and the need for updated tournament regulations, the Commission published a notice of proposed rulemaking and sought public comment on a comprehensive update to tournament regulations.The proposed amendments were divided into two separate, but somewhat overlapping, provisions. One relates to use of Commission property and the other to general tournament regulations. Both sections list some of the factors to be considered in reviewing applications for tournament permits and describe possible permit conditions. These factors provide expanded scrutiny of tournament applications focusing on fisheries impacts and impacts on fishing and boating opportunities of both tournament and nontournament anglers and boaters.
Under the code, the entire control of Commission property is vested in the Commission, and the agency has broad discretion to regulate the use and protection of its property. The proposed amendments on use of Commission property included items that would not be applicable to general fishing regulations, such as regulation of parking and requirements to clean up and restore the site after the tournament.
Tournaments are an area of some controversy. Tournament anglers are vocal and organized. On the other hand, it is not uncommon for the Commission to receive complaints from anglers who have been unable to gain access to the water because of overcrowding or who are concerned about the impacts of increased fishing pressure caused by tournaments. The goal of the proposed amendments was to take a balanced approach to these divergent views. The proposed amendments were designed to give the Commission more flexibility in dealing with tournaments.
One of the more contentious issues related to tournament fishing relates to culling of fish. Under current regulations, culling is prohibited since a fish counts against the creel limit of the angler once it is reduced to possession by placing it in a livewell regardless of whether it is subsequently released. The tournament anglers insist that placing fish in carefully designed and operated aerated or recirculating livewells does not hurt the fish and that the fish may be returned to the waters from which taken without adverse impacts. Others object to culling as a use of the resource for competitive purposes. The proposed amendments sought public comment on a possible change to culling regulations. Under the proposal, a tournament could ask that its permit include a special provision permitting limited culling under carefully controlled circumstances involving use of aerated or recirculating temperature-controlled livewells.
A notice of proposed rulemaking containing the proposed revisions to tournament regulations was published at 26 Pa.B. 168 (January 13, 1996). Because of the interest in this subject, the notice provided for a 60-day public comment period and two public hearings. The Commission extended the public comment to March 29, 1996. The Commission received 181 written comments on the proposed tournament regulations. Most contained suggestions for changes to one or more provisions in the proposal with an emphasis on the proposed permit conditions. A few commentators continued to express concerns about tournaments. Public hearings were held on March 19, 1996, at Erie and March 21, 1996, at Harrisburg. The Erie hearing, which also took comments on proposed changes to bass regulations on Lake Erie, attracted 139 attendees, of whom 31 made comments. The Harrisburg hearing was attended by 89 individuals, of whom 30 made statements.
After the conclusion of the formal public comment period, the Commission staff asked a number of those who had submitted comments on all sides of the issue to participate in a tournament regulation workgroup to review the text and assist the staff in putting together recommendations to the Commission on changes to the proposed regulation on final rulemaking. The workgroup met in Harrisburg, on May 7, 1996. Its participants included leaders of some of the major tournament groups, as well as spokespersons for groups that have expressed concerns. The Governor's Sportsmen's Advisor, Vern Ross, two members of the Commission and several staff participated in a wide-ranging discussion of issues related to the proposed amendments. After the meeting, a revised draft was sent to all workgroup members for additional input, and the draft final regulations were discussed in detail at the meeting of the Commission's Fisheries Committee on June 21, 1996.
As a result of the public comment and the input received at the workgroup, the Commission made several changes to the proposed amendments on final rulemaking at its July 1996 meeting. The major changes include a new definition for ''fishing derby,'' clarification of several of the possible permit conditions, clarification of the culling provision and other minor editorial changes. The tournament regulations adopted by the Commission at its July 1996 meeting appear to represent a consensus of many divergent viewpoints. There is not universal agreement on all provisions, particularly the provision allowing culling in limited circumstances. However, the amendment that the Commission adopted on final rulemaking represent the culmination of a process that started in 1991, and their adoption represents a major step forward in this area.
F. Paperwork
The amendments hereby adopted will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments impose no new costs on the private sector or the general public.
H. Public Involvement
As previously stated, a notice of proposed rulemaking containing the proposed amendments was published at 26 Pa.B. 168. Specifics relating to the public's involvement in the rulemaking process are set forth in detail under Section E of this Preamble.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and that all comments received were considered.
(3) The adoption of the regulations of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 53, 61, 63 and 69, are amended by amending §§ 53.24, 61.1--61.4, 61.7, 63.40, 69.12 and 69.13 to read as set forth at Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive Director(Editor's Note: For a document amending §§ 69.12(d) and 69.13(d) as proposed at 26 Pa.B. 2328 (May 18, 1996), see 26 Pa.B. 5711 (November 23, 1996).)
Fiscal Note: 48A-53. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 53. FISH AND BOAT COMMISSION PROPERTY § 53.24. Tournament and fishing derby permits.
(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Fishing tournament--An organized competitive fishing event, other than a fishing derby, where ten or more individuals fish during a specified time period. An activity that involves one or more of the following factors is considered a fishing tournament:
(i) The event is sponsored or promoted by an individual or organization.
(ii) The event involves the award of trophies, prizes or other recognition for participation in the tournament.
(iii) The event is conducted during a distinct time period (usually 72 hours or less) on a particular body of water.
Fishing derby--An organized event involving 10 or more participants conducted for children under the age of 16, senior citizens (as defined in section 2701 of the code (relating to definitions)), anglers with disabilities, special populations or other group when the principal purpose is education or enjoyment, rather than competition among anglers.
(b) General. The Commission finds that fishing tournaments and fishing derbies that use Commission property constitute special uses of that property which place special demands on Commission facilities.
(c) Special activity permit for fishing tournaments.
(1) Special activity permit. It is unlawful for a person to conduct a fishing tournament on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.
(2) Content of application. An application for a special activity permit for a fishing tournament shall contain the following information:
(i) The date, time and place.
(ii) The nature of the proposed tournament.
(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.
(iv) The proposed disposition of fish caught.
(v) The species and source of fish sought.
(vi) Whether or not the sponsor charges an entry fee.
(3) Deadline for submission. The deadline for submission of applications for special activity permits for fishing tournaments shall be as follows:
(i) For tournaments involving 50 or more boats, the application shall be submitted between October 1 and December 1 of the year prior to the year of the proposed tournaments.
(ii) For tournaments involving 49 or less boats or fishing from shore, the application shall be submitted at least 60 days prior to the date of the proposed tournament.
(iii) The Commission may consider applications submitted after the deadlines established in this section but final action may be delayed.
(4) Review of applications.
(i) The Commission staff will review applications for special activity permits to conduct fishing tournaments on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:
(A) Whether the proposed tournament at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the tournament.
(B) Whether the proposed tournament at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the tournament.
(C) Whether the proposed tournament is scheduled on the opening weekend of the season for any species of game fish.
(D) Whether the proposed tournament at the proposed time and location competes with another tournament already permitted for the same time and place. In the event of competing applications, a fishing tournament where fish are intended to be released alive shall be given preference over a fishing tournament where fish are intended to be killed or taken.
(E) Whether the proposed tournament at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.
(F) Whether the sponsors of the proposed tournament have demonstrated their ability to conduct the tournament in accordance with the rules and regulations of the Commission and the conditions of the permit.
(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing tournament, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).
(5) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
(i) Requirements for offsite parking when the number of vehicles involved in the proposed tournament exceeds the capacity of the parking facilities taking into account other permitted activities at the same time and place.
(ii) Limitations on the numbers of boats or participants in the tournament when the number of boats or participants involved in the proposed tournament exceeds the capacity of the facilities taking into account other permitted activities at the same time and place.
(iii) Limitations on the time or duration of the tournament when reasonably necessary and appropriate to provide for the protection of fish. The Commission may, for tournaments conducted during the months of July and August, include a condition limiting the duration of the tournament to no more than 10 hours of fishing.
(iv) Limitations on taking, catching, possessing and killing fish, including, when necessary for the protection and management of fish, requiring that the tournament be conducted as a catch-measure-and release or aerated livewell tournament.
(v) Requirements for the proper disposal of fish taken in the tournament. Tournament sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a tournament may possess fish in excess of the daily possession limit if they carry the tournament permit and can document the catch of the individual tournament participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.
(vi) When the applicant previously sponsored a tournament on Commission property and when, within 30 days after the prior tournament, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.
(vii) Requirements for filing of catch reports within 30 days after completion of the tournament.
(viii) Requirements for locating weigh-in stations and prize awarding events at locations that will not interfere with other public use of Commission facilities.
(ix) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, establishes a daily limit of at least one fish less than the Statewide creel limit, requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.
(d) Special activity permit for fishing derbies on Commission property.
(1) It is unlawful for a person to conduct a fishing derby on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.
(2) An applicant for a special activity permit for a fishing derby shall apply at least 60 days before the date of the proposed derby and indicate the following:
(i) The date, time and place.
(ii) The nature of the proposed derby.
(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.
(iv) The proposed disposition of fish caught.
(v) The species and source of fish sought.
(vi) Whether or not the sponsor charges an entry fee.
(3) The Commission staff will review applications for special activity permits to conduct fishing derbies on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:
(i) Whether the proposed derby at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the derby.
(ii) Whether the proposed derby at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the derby.
(iii) Whether the proposed derby is scheduled on the opening weekend of the season for any species of game fish.
(iv) Whether the proposed derby at the proposed time and location competes with another derby or fishing tournament already permitted for the same time and place.
(v) Whether the proposed derby at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.
(vi) Whether the sponsors of the proposed derby have demonstrated their ability to conduct the derby in accordance with this title and the conditions of the permit.
(4) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing derby, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).
(5) The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
(i) Requirements for offsite parking when the number of vehicles involved in the proposed derby exceeds the capacity of the parking facilities taking into account other permitted uses of the site at the same time.
(ii) Limitations on the numbers of boats or participants in the derby when the number of boats or participants involved in the proposed derby exceed the capacity of the facilities taking into account other permitted uses of the facility at the same time.
(iii) Limitations on the time or duration of the derby, if reasonably necessary and appropriate to provide for the protection of fish.
(iv) Limitations on taking, catching, possessing and killing fish.
(v) Requirements for the proper disposal of fish taken in the derby. Derby sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a derby may possess fish in excess of the daily possession limit if they carry the derby permit and can document the catch of the individual derby participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.
(vi) Clean-up requirements. When the applicant previously sponsored a derby on Commission property and when, within 30 days after the prior derby, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.
(vii) Requirements for locating prize awarding events at locations that will not interfere with other public use of Commission facilities.
(e) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commission owned or controlled property except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commission owned or controlled property on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species.
(f) Joint permit. An application for a special activity permit under this section shall also constitute an application for a special activity permit for a fishing tournament under § 63.40 (relating to seasons for fishing tournaments), and a permit issued under this section shall constitute a joint permit for use of Commission property and for a fishing tournament under § 63.40.
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 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, 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.
* * * * * § 61.2. 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.
* * * * * § 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 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 donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.
* * * * * § 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.
* * * * * § 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.
* * * * * CHAPTER 63. GENERAL FISHING REGULATIONS § 63.40. Fishing tournaments and fishing derbies.
(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Fishing tournament--An organized competitive fishing event, other than a fishing derby, where ten or more individuals fish during a specified time period. An activity that involves one or more of the following factors is considered a fishing tournament:
(i) The event is sponsored or promoted by an individual or organization.
(ii) The event involves the award of trophies, prizes or other recognition for participation in the tournament.
(iii) The event is conducted during a distinct time period (usually 72 hours or less) on a particular body of water.
Fishing derby--An organized event involving 10 or more participants conducted for children under the age of 16, senior citizens (as defined in section 2701 of the code (relating to definitions)), anglers with disabilities, special populations or other group when the principal purpose is education or enjoyment, rather than competition among anglers.
(b) Permits. It is unlawful to conduct a fishing tournament on Commonwealth waters without obtaining a special activity permit under this section.
(1) Content of application. An application for a special activity permit for a fishing tournament shall contain the following information:
(i) The date, time and place.
(ii) The nature of the proposed tournament.
(iii) The anticipated number of participants and watercraft.
(iv) The proposed disposition of fish caught.
(v) The species and source of fish sought.
(vi) Whether or not the sponsor charges an entry fee.
(2) Deadline for submission. The deadline for submission of applications for special activity permits for fishing tournaments shall be as follows:
(i) For tournaments involving 50 or more boats, the application shall be submitted after October 1 and before December 1 of the year prior to the year of the proposed tournaments.
(ii) For tournaments involving 49 or less boats or fishing from shore, the application shall be submitted at least 60 days prior to the date of the proposed tournament.
(iii) The Commission may consider applications for tournaments submitted after the deadlines established by this section.
(3) Review of applications.
(i) The Commission staff will review applications for special activity permits to conduct fishing tournaments on Commonwealth waters and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:
(A) Whether the proposed tournament at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the tournament.
(B) Whether the proposed tournament at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the tournament.
(C) Whether the proposed tournament is scheduled on the opening weekend of the season for any species of game fish.
(D) Whether the proposed tournament at the proposed time and location competes with another tournament already permitted for the same time and place. In the event of competing applications, a fishing tournament where fish are intended to be released alive shall be given preference over a fishing tournament where fish are intended to be killed or taken.
(E) Whether the proposed tournament at the proposed time and location may result in congestion of watercraft on the waters of this Commonwealth.
(F) Whether the sponsors of the proposed tournament have demonstrated their ability to conduct the tournament in accordance with this title and the conditions of the permit.
(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing tournament, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).
(4) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
(i) Limitations on the numbers of boats or participants in the tournament when the number of boats or participants involved in the proposed tournament exceeds the capacity of the waters being fished taking into account other permitted activities at the same time and place.
(ii) Limitations on the time or duration of the tournament. When reasonably necessary and appropriate to provide for protection of fish, the Commission may, for tournaments conducted during the months of July and August, include a condition limiting the duration of the tournament to no more than 10 hours of fishing.
(iii) Limitations on taking, catching, possessing and killing fish, including, when necessary for the protection and management of fish, requiring that the tournament be conducted as a catch-measure-and release or aerated livewell tournament.
(iv) Requirements for the proper disposal of fish taken in the tournament. Tournament sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a tournament may possess fish in excess of the daily possession limit if they carry the tournament permit and can document the catch of the individual tournament participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.
(v) Requirements for filing of catch reports within 30 days after completion of the tournament.
(vi) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, establishes a daily limit of at least one fish less than the Statewide creel limit, requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.
(c) Fishing derbies.
(1) General rule. It is unlawful to conduct a fishing derby as defined in this section on Commonwealth waters if the derby involves an unusual congregation of boats without first obtaining a special activity permit from the Commission.
(2) Special activity permit. An applicant for a special activity permit for a fishing derby shall apply at least 60 days before the date of the proposed derby and indicate the following:
(i) The date, time and place.
(ii) The nature of the proposed derby.
(iii) The anticipated number of participants and watercraft.
(iv) The proposed disposition of fish caught.
(v) The species and source of fish sought.
(3) Review of applications.
(i) The Commission staff will review applications for special activity permits to conduct fishing derbies and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:
(A) Whether the proposed derby at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the derby.
(B) Whether the proposed derby at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the derby.
(C) Whether the proposed derby is scheduled on the opening weekend of the season for any species of game fish.
(D) Whether the proposed derby at the proposed time and location competes with another derby or fishing tournament already permitted for the same time and place.
(E) Whether the proposed derby at the proposed time and location may result in unsafe congestion of watercraft on the waters of this Commonwealth.
(F) Whether the sponsors of the proposed derby have demonstrated their ability to conduct the derby in accordance with this title and the conditions of the permit.
(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing derby, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).
(4) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
(i) Limitations on the numbers of boats or participants in the derby when the number of boats or participants involved in the proposed derby exceeds the capacity of the waters to be fished taking into account other permitted uses of the facility at the same time.
(ii) Limitations on the time or duration of the derby, when reasonably necessary and appropriate to provide for the protection of fish.
(iii) Limitations on taking, catching, possessing and killing fish.
(iv) Requirements for the proper disposal of fish taken in the derby. Derby sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a derby may possess fish in excess of the daily possession limit if they carry the derby permit and can document the catch of the individual derby participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.
(5) Notification required. It is unlawful to conduct a fishing derby, as defined in this section, on approved trout waters without first notifying the Commission of the date, time and place of the proposed fishing derby and whether the proposed fishing derby involves the stocking of any fish into the waters of this Commonwealth.
(d) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commonwealth waters except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commonwealth waters on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species.
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.12. Seasons, sizes and creel limits--Lake Erie.
(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 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 the donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.
* * * * * § 69.13. Seasons, sizes and creel limits--Lake Erie 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 waters 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 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 the donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.
* * * * * [Pa.B. Doc. No. 96-1961. Filed for public inspection November 22, 1996, 9:00 a.m.]
