Section 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 SHAD	Open year-round	No Minimum	Catch and Release Only
RIVER HERRING (alewife and blueback herring)	Closed (no open season)	Closed	0
OTHER SPECIES	Inland 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).

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 January 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).

Notation

Authority

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