Section 63.20. Permits for the protection and management of trout and salmon

(a) Finding. The Commission finds under section 2904 of the code (relating to permits for the protection and management of particular fish) that it is necessary for the protection and management of trout and salmon in the waters of this Commonwealth that persons who fish for trout or salmon have a permit for that activity.

(b) Permit required. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to procure a fishing license to fish for trout or salmon unless that person has first procured a valid trout/salmon permit or a combination trout/salmon permit and Lake Erie permit.

(c) Exceptions.

(1) The Commission will issue a trout/salmon permit without fee to disabled veterans who possess a free fishing license under section 2707 of the code (relating to disabled veterans).

(2) A person who is exempt from the fishing license requirements of Chapter 27 of the code or who is issued an institutional fishing license under section 2708 of the code (relating to institutional licenses) is exempt from this section.

(3) A person who purchased a senior resident lifetime fishing license and a trout/salmon permit or a combination trout/salmon permit and Lake Erie permit prior to January 1, 2015, shall be exempt from the requirements of this section.

(4) A trout/salmon permit is not required to fish for trout or salmon on free fishing days designated by the Commission under section 2709(d) of the code (relating to exemptions from license requirements).

(5) A trout/salmon permit is not required to fish for trout or salmon on Class A regulated fishing lakes. A trout/salmon permit is not required to fish for trout or salmon on designated Class B regulated fishing lakes that have the following characteristics:

(i) The lake is a natural pond or impoundment located wholly on private property and constructed and maintained wholly with private funds.

(ii) The lake is operated by a private club or organization.

(iii) The lake is not open for fishing by the general public, and fishing is restricted to members only.

(iv) The trout/salmon population of the lake is composed entirely of trout or salmon stocked from private resources and contains no trout or salmon stocked by the Commission, the United States Government or cooperative nurseries recognized by the Commission.

(d) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:

(1) The person fishes in waters under special trout regulations designated under those sections of Chapter 65 (relating to special fishing regulations) that require a trout/salmon permit, wilderness trout streams or their tributaries or Class A wild trout waters or their tributaries.

(2) The person fishes in streams or rivers that are stocked trout waters as defined in § 63.3 (relating to fishing in stocked trout waters) or their tributaries during the period from 12:01 a.m. on March 1 until midnight May 31.

(3) The person takes, kills or possess, while in the act of fishing, a trout or salmon on or in waters of this Commonwealth or boundary waters.

The provisions of this § 63.20 adopted March 2, 1990, effective January 1, 1991, 20 Pa.B. 1287; amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1958; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 25, 2005, effective January 1, 2006, 35 Pa.B. 6434; amended August 25, 2006, effective August 26, 2006, 36 Pa.B. 4724; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 19, 2014, effective September 20, 2014, 44 Pa.B. 5970; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (373648) and (373649).

Notation

Authority

The provisions of this § 63.20 amended under the Fish and Boat Code, 30 Pa.C.S. § 2904.