30 Pa.C.S. Ch. 29

in effect

30 Pa.C.S. § 2901 Eel chute licenses (Deleted by amendment).

2012 Amendment. Section 2901 was deleted by amendment November 1, 2012, P.L.1716, No.211, effective in 60 days.

30 Pa.C.S. § 2902 Net permits.

The commission may issue permits to use or possess nets larger than four feet square or four feet in diameter, or any other seine, trawl or gill net in or along waters of this Commonwealth. The permits when issued shall specify when and where the nets shall be used and for what purposes by the owner or the persons in possession thereof at a fee of $10 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). (Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 2902 is referred to in section 322.1 of this title.

30 Pa.C.S. § 2903 Boat and net licenses for boundary lakes.

(a) Application of section.--The provisions of this section shall apply only to those boundary lakes of this Commonwealth and their bays and peninsular waters as the commission may determine. (b) Issuance and fees.--Except as provided under subsection (b.1), the commission may issue a commercial fishing license to a person who has signed and submitted his application and paid a fee as follows: (1) Trap nets: residents, $80; nonresidents, $160. (2) Seines: residents, $50; nonresidents, $100. (b.1) Change of fees.--The fees listed under subsection (b) may be changed by the commission in accordance with section 322.1 (relating to power to set fees). (c) Carrying and display.--The licenses shall be carried by the operator of any boat, net or device so licensed and by each person employed on the boat and shall be shown on demand to any waterways conservation officer or other authorized representative of the commission. (d) Condition of license.--No license shall be issued under this section except upon the condition that the operator of any boat so licensed shall permit a person, designated by the executive director, to accompany the boat at any time when it is engaged in fishing, for the purpose of securing for the use of the commission from the fish caught as much of their spawn as the commission may determine. A person who refuses to permit a person so designated by the executive director to accompany the boat to secure such spawn as he may deem necessary commits a summary offense of the first degree. (e) Rules and regulations.--The commission may promulgate rules and regulations applicable to boundary lakes as may be appropriate for the protection and management of the fisheries in the lakes, the ways, methods and means of fishing and the health and safety of persons and property. The regulations may prohibit fishing for all or some species of fish in boundary lakes and may limit the number or types of licenses and permits issued for fishing in the lakes. (f) Limitation on nonresident licenses.--No nonresident boat or net license may be issued under this section to any resident of a state or country the laws or regulations of which prohibit, or have the effect of prohibiting, the issuance of a like license to a resident of this Commonwealth. (g) Certain nets prohibited.--The use of pound nets or gill nets for fishing on boundary lakes is prohibited. (h) Gill nets.--(Deleted by amendment). (Oct. 5, 1994, P.L.534, No.79, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (b), added subsec. (b.1) and deleted subsec. (h). 2012 Amendment. Act 211 amended subsecs. (b), (c) and (h). 1994 Amendment. Act 79 amended subsecs. (b) and (g) and added subsec. (h). See the preamble to Act 79 in the appendix to this title. Cross References. Section 2903 is referred to in sections 322.1, 2908 of this title.

30 Pa.C.S. § 2904 Permits for protection and management of particular fish.

(a) General rule.--Except as provided in subsections (b) and (c), the executive director, with the approval of the commission, may require permits for the taking, catching, killing, possession, introduction, removal, importing, transporting, exporting or disturbing of fish when it is determined that the permits may be needed to insure proper protection and management of any species of fish. The commission may establish fees for the issuance of permits and may promulgate rules and regulations concerning the issuance and provisions of the permits. Permits issued under this section may be revoked at any time at the discretion of the commission. (b) Limit on fees.--The fee per permit for taking, catching, killing, possession, introduction, removal, importing, exporting or disturbing of trout is established in section 2715 (relating to license, permit and issuing agent fees). (c) Limit on permits.--The commission shall not issue permits under the authority of this section for the taking, catching, killing, possession, introduction, removal, importing, exporting or disturbing of any game fish other than trout. This subsection shall not affect the issuance of permits for tagged fish contests in boundary lakes. (Dec. 17, 1990, P.L.724, No.180, eff. 60 days; Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsecs. (b) and (c). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.

30 Pa.C.S. § 2905 Permits for scientific and educational fish collecting activities.

The executive director, with the approval of the commission, may grant permits to catch fish in any of the waters within or bordering on this Commonwealth at any season of the year and with any kind of nets or other devices without regard to size or possession limits to a person who possesses a valid Pennsylvania fishing license and is engaged in scientific or educational research or other collecting activities approved by the commission. The commission may establish a fee for the issuance of the permits. Permits issued under this section may be revoked, recalled or suspended at any time at the discretion of the commission. Persons permitted to take such species under this section shall make a report in writing to the executive director within 30 days after the expiration of the permit or conclusion of the survey or collecting activity. The commission may promulgate regulations governing the issuance of permits under this section and the activities of persons holding such permits. In issuing a permit, the commission may impose general and special permit conditions to govern the activities of persons holding such a permit. Notwithstanding the provisions of section 2907 (relating to expiration of licenses and permits), permits issued under this section shall expire on the date specified in the permit conditions or on December 31 of the year in which the permit is issued, whichever comes first. Notwithstanding the provisions of section 2908 (relating to penalties), any person who engages in fish collecting activities for which a permit is required under this section without first acquiring the necessary permit commits a summary offense of the first degree, and any person who violates any regulation promulgated under this section or any permit condition imposed under this section commits a summary offense of the third degree. (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days)

30 Pa.C.S. § 2906 Permits for use of explosives.

The executive director, with the approval of the commission, may grant permits for the use of explosives in waters for engineering purposes upon the payment of a fee of $50 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). The executive director may waive the payment of the fee for Commonwealth agencies and political subdivisions. Any person using explosives under a permit shall make restitution to the commission for all fish destroyed. A person who engages in an activity for which a permit is required under this section without first acquiring the permit commits a misdemeanor of the third degree. A person using explosives under a permit issued under this section who violates any of the terms and conditions of the permit commits a summary offense of the first degree. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 2906 is referred to in section 322.1 of this title.

30 Pa.C.S. § 2907 Expiration of licenses and permits.

Except as otherwise provided in this title, all licenses and permits authorized by this chapter shall expire on December 31 of the year for which they are issued. (June 22, 2012, P.L.640, No.66, eff. 60 days) Cross References. Section 2907 is referred to in section 2905 of this title.

30 Pa.C.S. § 2907.1 Tagged fish contests on boundary lakes.

The commission shall issue permits for tagged fish contests on boundary lakes where the other state which bounds the lake permits such contests, unless the commission finds that the proposed contest threatens the fisheries resources of the Pennsylvania portion of the boundary lake where the contest is to be conducted. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 added section 2907.1.

30 Pa.C.S. § 2907.2 Lake Erie fishing permits.

(a) Permit required.--No person shall fish in Lake Erie, Presque Isle Bay and their tributaries, including waters that flow into those tributaries, without first procuring an annual special permit to fish in Lake Erie and tributaries or a combination trout permit and Lake Erie permit. (b) Fee.--The annual fee and the issuing agent fee for the special permit issued in this section shall be as provided in section 2715 (relating to license, permit and issuing agent fees). (c) Exemptions.--Persons entitled to free fishing licenses under section 2707 (relating to disabled veterans) and persons exempt from fishing license requirements under Chapter 27 (relating to fishing licenses) are exempt from the requirements of this section. Holders of Senior Resident Lifetime Fishing Licenses issued under section 2701 (relating to resident fishing licenses) shall meet the requirements of this section by purchasing one annual special permit which shall be valid for the licensee's lifetime. (d) Regulations.--The commission may promulgate regulations for the display of the special permit and manner in which it may be affixed to the fishing license or carried with the licensee. (e) Penalty.--Any person violating the provisions of this section or the regulations promulgated hereunder commits a summary offense of the third degree. (f) Proceeds from special permit.--(Deleted by amendment). (f.1) Lake Erie permits.-- (1) The proceeds from the fees for the special permits to fish in Lake Erie and tributaries as provided for under section 2715(a.1)(4) (relating to license, permit and issuing agent fees) and $6 of the fees for the combination trout permits and Lake Erie permits as provided for under section 2715(a.1)(5) shall be deposited into a restricted account within the Fish Fund. (2) The funds in the restricted account shall be used to provide public fishing access or to protect or improve fish habitat on or at Lake Erie, Presque Isle Bay and their tributaries, including waters that flow into those tributaries. The funds may also be used for other projects that support public fishing on or at Lake Erie, Presque Isle Bay and their tributaries. (g) Termination of permit requirement.--(Deleted by amendment). (h) Accounting.--(Deleted by amendment). (Oct. 5, 1994, P.L.534, No.79, eff. imd.; June 29, 2002, P.L.672, No.101, eff. imd.; Nov. 29, 2004, P.L.1286, No.159, eff. imd.; Aug. 27, 2009, P.L.377, No.40, eff. 60 days; Oct. 24, 2012, P.L.1323, No.167, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsecs. (a) and (f.1). 2004 Amendment. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.

30 Pa.C.S. § 2907.3 Fishing guide and charter boat permits.

(a) General rule.--It is unlawful for any person to operate a charter boat or fishing guide operation on the waters of this Commonwealth without first obtaining a charter boat/fishing guide permit from the commission and paying the fee specified in section 2715 (relating to license, permit and issuing agent fees). (b) Issuing agent status.--Holders of charter boat/fishing guide permits may be designated as special issuing agents for the purpose of selling to their customers One-Day Resident Fishing Licenses, One-Day Tourist Fishing Licenses, Three-Day Tourist Fishing Licenses, Seven-Day Tourist Fishing Licenses, trout permits, special permits to fish in Lake Erie and tributaries and combination trout permits and Lake Erie permits for the fees specified in section 2715. (c) Penalties.--Any person who operates as a fishing guide or operates a charter boat on the waters of this Commonwealth without first obtaining the necessary permit commits a summary offense of the first degree and shall, in addition to any other fine or penalty, pay an additional fine equal to two times the charter boat/fishing guide permit required of that person. Any person violating any other provision of this section or any rule or regulation promulgated under this section commits a summary offense of the second degree. (d) Regulations.--The commission may promulgate rules and regulations for fishing guides and charter boats. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Charter boat." A boat operated as a commercial enterprise which carries passengers for hire for the purpose of fishing on the waters of this Commonwealth. "Commercial enterprise." An operation where a person provides fishing guide or charter boat services in exchange for any consideration, including money, goods or services. "Fishing guide." A person who operates a commercial enterprise whereby he guides or leads other persons for the purpose of fishing on the waters of this Commonwealth. (Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 14, 2005, P.L.306, No.54, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (b). 2004 Amendment. Act 159 added section 2907.3. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.

30 Pa.C.S. § 2908 Penalties.

(a) General rule.--Except as otherwise provided in this chapter, a person engaging in any activity for which a permit or special license is required under this chapter without acquiring the license or permit commits a summary offense of the second degree. Except as otherwise provided in this chapter, a person who violates any other provision of this chapter or the regulations promulgated thereunder commits a summary offense of the third degree. (b) Boundary lakes.--A person engaged in any activity for which a permit or special license under section 2903 (relating to boat and net licenses for boundary lakes) is required without obtaining such license or permit or who violates any provision of section 2903 or the regulations promulgated thereunder concerning seasons, size limits, total allowable catch, trap nets and landing of catch commits a misdemeanor of the third degree. A person who violates any other regulation promulgated under section 2903 commits a summary offense of the first degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) Cross References. Section 2908 is referred to in sections 923, 2905 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=30Fetched: 10/16/2026