Section 69.35. Use of commercial seines

(a) Species. It is unlawful to use a seine for commercial fishing in Lake Erie except for the taking of emerald shiners, spottail shiners, gizzard shad and alewife. There shall be no minimum length or daily limit for legal species captured by means of seines.

(b) Taking shiners, gizzard shad and alewife. It is unlawful to use a seine for the purpose of taking emerald shiners, spottail shiners, gizzard shad and alewife within an area 300 feet from the mouth of any stream or within the confines of a tributary stream to Lake Erie.

(c) Lake Erie proper. Shore seining and seining from docks and boats with no restrictions on the size of seine used is permitted for legal species designated in subsection (a).

(d) Identification of seine. Each seine used shall be licensed separately and shall carry the identifying plastic tag furnished with the license.

(e) Sale. Emerald shiners, spottail shiners, gizzard shad or alewife caught by the holder of a seine license issued under this chapter may be sold either alive, dead or preserved by the holder of the license in the Lake Erie watershed only. It is unlawful to sell these fish in other watersheds of this Commonwealth except in accordance with § 69.3(e) (relating to transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed).

(f) Interference with sport anglers or boaters. It is unlawful for a holder of a seine license issued under this chapter to interfere with sport anglers or boaters.

(g) Interference with other holders of commercial seine license. It is unlawful for the holder of a commercial seine license to use a seine within 100 yards of another holder of a commercial seine license.

The provisions of this § 69.35 amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502.

Notation

Authority

The provisions of this section amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2903.