Section 69.17. Sale of fish

(a) It is unlawful for a person other than the holder of a Lake Erie commercial fishing license issued under section 2903 of the code (relating to boat and net licenses for boundary lakes), or the agents and employes of the licensee to take, catch or kill fish from the Pennsylvania waters of Lake Erie or its tributaries for the purpose of selling the fish or offering them for sale.

(b) It is unlawful for a person, other than the holder of a Lake Erie commercial fishing license issued under section 2903 of the code or the agents and employes of the licensee to sell or offer for sale fish that was taken from, caught or killed in from the Pennsylvania waters of Lake Erie or its tributaries.

(c) It is unlawful to knowingly purchase fish taken, caught or killed from or in the Pennsylvania waters of Lake Erie or its tributaries except from the holder of a commercial license issued under section 2903 of the code or the agent or employe of the licensee.

(d) In prosecutions for violations of this section, it shall be presumed that any species of fish that lives or occurs within Pennsylvania waters of Lake Erie or its tributaries which fish is sold, offered for sale or purchased in this Commonwealth was taken, caught or killed from the Pennsylvania waters of Lake Erie or its tributaries. A person accused of a violation of this section may rebut the presumption that fish were taken, caught or killed from the Pennsylvania waters of Lake Erie or its tributaries by proving that he lawfully obtained the fish from a source other than the Pennsylvania waters of Lake Erie or its tributaries.