Section 65.23. Special restrictions on polluted zones

(a) The Executive Director, with the approval of the Commission, may determine that fishing should be curtailed or prohibited in polluted waters or that the taking or killing of fish from the waters should be prohibited. Special restrictions imposed under this section shall be effective when the waters are so posted after publication of a notice of restriction in the Pennsylvania Bulletin; the Executive Director or his designee may take immediate action to post waters when he finds it apropriate to further the health and safety of persons who fish.

(b) It is unlawful for a person to take, catch, possess while in the act of fishing or kill fish from polluted zones in violation of the posted conditions imposed under this section.

(c) This section may not be construed to relieve the person or entity responsible for placing or allowing harmful substances to be present in fishing waters from criminal or civil liability for acts or omissions with regard to the substances. This section does not place liability or duty on the Commonwealth or the Commission or their employes, officers, agents or assigns, to locate, identify or post waters where harmful substances may be present; nor may the Commonwealth, the Commission or their officers, employes, agents or assigns be liable for the consequences of harmful substances being present in fishing waters. This section does not confer or convey ownership, control or jurisdiction, over these waters on the Commission except as may be otherwise provided by law or regulation.

The provisions of this § 65.23 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717. Immediately preceding text appears at serial pages (257218) to (257219).

Notation

Authority

The provisions of this § 65.23 amended under section 10 of the Sunshine Act (65 P. S. § 280); and section 506 of The Administrative Code of 1929 (71 P. S. § 186).

Cross References

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).