Section 63.45. Tagging, branding, marking and finclipping of fish

(a) It is unlawful for a person to implant tracking devices in or to tag, brand, mark or fin clip any fish taken from the waters of this Commonwealth, unless the fish are purchased from an authorized commercial aquaculture facility, are part of a Commission-recognized and sanctioned stocking by a cooperative nursery, are authorized by a scientific collector’s permit issued by the Commission or are part of a tagged fish contest in a boundary lake for which the Commission has issued a permit.

(b) There shall be a rebuttable presumption that a person implanting a tracking device in or tagging, branding, marking or fin clipping a fish is in violation of this section if the person does not have in his possession proof that the fish was purchased from an authorized commercial aquaculture facility, is part of a Commission-recognized and sanctioned stocking by a cooperative nursery, is authorized by a scientific collector’s permit or is part of a tagged fish contest in a boundary lake for which the Commission has issued a permit.

The provisions of this § 63.45 adopted November 23, 2001, effective November 24, 2001, 31 Pa.B. 6451.

Notation

Authority

The provisions of this § 63.45 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.