30 Pa.C.S. Ch. 3

in effect

30 Pa.C.S. § 301 Organization of commission.

(a) Composition.--The Pennsylvania Fish and Boat Commission is continued as an independent administrative commission and shall consist of ten competent citizens of this Commonwealth who shall be appointed by the Governor by and with the advice and consent of a majority of the members elected to the Senate. (b) Qualifications.--Two members of the commission shall serve at-large and be experienced in boating and water safety education and be a registered boat owner in Pennsylvania. The two boatmen members shall represent the various geographical sections and boating interests of this Commonwealth. The remaining eight members shall be persons well informed on the subject of conservation, restoration, fish and fishing and boats and boating and shall be appointed, insofar as practicable, on a bipartisan basis and from the various geographic districts of this Commonwealth so that at all times one and only one member shall be a resident of each of the following districts: (1) First district, consisting of the counties of Erie, Crawford, Mercer, Lawrence, Venango, Butler, Warren, Forest and Clarion. (2) Second district, consisting of the counties of Beaver, Allegheny, Washington, Greene, Armstrong, Indiana, Westmoreland and Fayette. (3) Third district, consisting of the counties of McKean, Elk, Jefferson, Potter, Cameron, Clearfield, Clinton and Centre. (4) Fourth district, consisting of the counties of Cambria, Somerset, Blair, Bedford, Huntingdon, Fulton, Mifflin and Juniata. (5) Fifth district, consisting of the counties of Tioga, Lycoming, Union, Snyder, Bradford, Sullivan, Columbia, Montour and Northumberland. (6) Sixth district, consisting of the counties of Franklin, Perry, Cumberland, Adams, Dauphin, York, Lebanon and Lancaster. (7) Seventh district, consisting of the counties of Susquehanna, Wyoming, Luzerne, Lackawanna, Carbon, Wayne, Pike and Monroe. (8) Eighth district, consisting of the counties of Schuylkill, Berks, Chester, Northampton, Lehigh, Bucks, Montgomery, Philadelphia and Delaware. (c) Terms of office and compensation.--The members shall hold office for terms of four years each and may continue to hold office for a period of time not to exceed six months or until a successor is appointed and qualified, whichever occurs first. A member who serves three consecutive terms shall not be eligible for reappointment to the commission. The members shall receive no compensation for their services but may be reimbursed for travel expenses. When performing any function on behalf of the commission or acting within the scope of their official duties, members of the commission shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. (d) Vacancies.--Upon the death, resignation or removal from office of any member, the Governor shall appoint a competent person to serve for the unexpired term. (e) Meetings, officers and quorum.--The commission shall have an office in the Harrisburg area and shall hold meetings in the Harrisburg area in January and July and at such other times and places within this Commonwealth as the commission shall designate for the transaction of business. At the meeting held in July of each year, the commission shall elect one of its members as president and one of its members as vice president who shall hold office for one year. Six members shall constitute a quorum. (f) Powers of waterways patrolmen.--Except for the power conferred by section 925 (relating to acknowledgment of guilt and receipts for payment), members of the commission may exercise any of the powers conferred by this title on waterways patrolmen. (Feb. 24, 1984, P.L.90, No.16, eff. 60 days; Dec. 12, 1991, P.L.368, No.39, eff. imd.; Dec. 19, 1996, P.L.1454, No.185, eff. 60 days; Jan. 29, 1998, P.L.31, No.7, eff. imd.; June 28, 2011, P.L.77, No.16, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; Mar. 19, 2014, P.L.364, No.24, eff. 60 days) 2014 Amendment. Act 24 amended subsecs. (a) and (c). Section 2 of Act 24 provided that the amendment shall apply to members of the Pennsylvania Fish and Boat Commission who are appointed on or after the effective date of Act 24. 2002 Partial Repeal. Section 4 of Act 231 provided that section 301 is repealed insofar as it relates to the consent required by the Senate to appointments by the Governor. 1984 Amendment. Act 16 amended subsecs. (a), (b) and (e). Cross References. Section 301 is referred to in section 306 of this title.

30 Pa.C.S. § 302 Executive director.

(a) Appointment and compensation.--The commission shall appoint to serve at its pleasure and, with the approval of the Governor, fix the compensation of an executive director who shall be the chief executive officer of the commission and attend to its administrative work and have charge of all activities under the jurisdiction of the commission. The executive director shall be the chief waterways patrolman of the commission and shall have charge of, direct, supervise, and control all waterways patrolmen, deputy waterways patrolmen and employees of the commission. No member of the commission nor any person who has served as a member thereof within one year shall be eligible for appointment as executive director. (b) Power to catch, kill or possess fish.--The executive director or his agent may catch, take, kill or possess any fish at any time, in any season of the year and with any kind of net or device.

30 Pa.C.S. § 303 Assistant executive directors.

(a) Appointment and compensation.--The executive director, with the approval of the commission, may, in accordance with law and the classification and compensation plans of the Commonwealth as established by the Executive Board, appoint and fix the compensation of two assistant executive directors, one of whom shall be in charge of and responsible for watercraft safety and the other of whom shall be in charge of and responsible for fisheries and engineering. (b) Assistant for watercraft safety.--The assistant executive director of the commission in charge of watercraft safety shall reside in this Commonwealth at the time of appointment and have five or more years of experience with ships or boats and have either a college degree or at least ten years experience in administration. The assistant executive director shall: (1) Direct, administer and coordinate the activities of the commission relating to watercraft, boats and boating, including the enforcement of Part III (relating to boats and boating) and the rules and regulations promulgated thereunder, and the improvement and maintenance of waterway facilities including aids to navigation. (2) Coordinate and supervise all expenditures from the Boat Fund. (3) Administer the boating education programs of the commission. (Dec. 20, 2000, P.L.828, No.115, eff. imd.) 2000 Amendment. Act 115 amended subsec. (a).

30 Pa.C.S. § 304 Waterways patrolmen and employees.

(a) Appointment and compensation.--The executive director, with the approval of the commission, shall, in accordance with law and the classification and compensation plans of the Commonwealth as established by the Executive Board, appoint and fix the compensation of such number of waterways patrolmen and other employees as the commission deems necessary to enforce and carry out the provisions of this title and perform the functions and work of the commission. (b) Status.--(Repealed). (Dec. 20, 2000, P.L.828, No.115, eff. imd.; Oct. 29, 2020, P.L.738, No.90, eff. 60 days) 2020 Repeal. Act 90 repealed subsec. (b). 2000 Amendment. Act 115 amended subsec. (a). Cross References. Section 304 is referred to in section 102 of this title.

30 Pa.C.S. § 305 Deputy waterways conservation officers.

(a) Appointment and training.--The executive director, with the approval of the commission, may appoint deputy waterways conservation officers to act anywhere within this Commonwealth. Newly appointed deputy waterways conservation officers, excluding reappointments, shall attend such training programs as may be required by the commission, which shall include at a minimum: (1) Successful completion of training and obtaining a certificate of qualification under the act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act, or equivalent training as determined by the executive director, prior to appointment. (2) Successful completion of not less than 250 hours of law enforcement classroom and on-the-job training. All deputy waterways conservation officers, including reappointments, shall attend all annual in-service training as may be required by the commission. Persons appointed under this section may exercise the powers of their appointments until December 31 of each year unless their appointment is sooner revoked, suspended or withdrawn. (b) Compensation.--Deputy waterways conservation officers shall not be entitled to any salary, compensation or expenses for their services from the Commonwealth, unless authorized by the executive director of the commission, in which case they shall receive compensation and/or reasonable expenses in accordance with a Statewide pay scale and standards as established by the Executive Board. Deputy waterways conservation officers are volunteers. When acting within the scope of their official duties, deputy waterways conservation officers shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. (c) Powers and duties.--Deputy waterways conservation officers appointed under the authority of this section may exercise the powers and duties of their appointments until December 31 of each year and no longer unless their commissions are sooner revoked, suspended or withdrawn. The powers and duties of deputy waterways conservation officers shall be subject to such limitations as the executive director, with the approval of the commission, shall prescribe. The executive director may authorize deputy waterways conservation officers to exercise the same powers and perform the same duties as waterways conservation officers except that deputy waterways conservation officers shall not exercise the powers and duties set forth in section 901(a)(12) (relating to powers and duties of waterways conservation officers and deputies). (Jan. 29, 1998, P.L.31, No.7, eff. imd.; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsecs. (a) and (b). Cross References. Section 305 is referred to in section 102 of this title.

30 Pa.C.S. § 306 Boating Advisory Board.

(a) Composition.--There is hereby continued within the commission a Boating Advisory Board. The board shall consist of the Secretary of Conservation and Natural Resources, or a designee of the Secretary of Conservation and Natural Resources, and the two at-large members of the commission as described in section 301(b) (relating to organization of commission), all of whom shall be ex officio members, and five volunteer members to be appointed by the Governor for terms of five years or, in the case of a vacancy, for the remainder of the unexpired term. (b) Qualifications.--The members appointed by the Governor shall be experienced boaters as evidenced by the operation of a boat and active membership in representative boating associations, yacht clubs or similar organizations. As far as possible, the membership of the board shall be bipartisan and shall represent the various geographical sections and boating interests of this Commonwealth. (c) Officers.--The board shall annually select one of the volunteer members as the chairman. (d) Compensation.--The volunteer members of the board shall receive no salary but may, subject to the approval of the commission, receive travel expenses. When performing any function on behalf of the commission or acting within the scope of their official duties, volunteer members of the board shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated as employees of the Commonwealth for the purposes of automotive and general liability and the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. (e) Meetings and quorum.--The board shall meet at such place and at such time as may be specified upon the call of the chairman, three members of the board or the commission. Five members of the board, including three volunteer members, shall constitute a quorum. (f) Powers and duties.--The board shall advise the commission on all matters relating to boating and make recommendations to the commission with regard to any proposed rules or regulations affecting the equipment or operation of boats. (Jan. 29, 1998, P.L.31, No.7, eff. imd.; June 30, 2025, P.L.34, No.15, eff. 60 days) 2025 Amendment. Act 15 amended subsecs. (a) and (c). 1998 Amendment. Act 7 amended subsec. (d). References in Text. Section 317(1) of the act of June 28, 1995 (P.L.89, No.18) declared that the Secretary of Conservation and Natural Resources shall serve in lieu of the Secretary of Environmental Resources as a member of the Boating Advisory Board.

30 Pa.C.S. § 307 Designation of law enforcement officers.

(a) Waterways patrolmen.--Waterways patrolmen of the commission are designated as waterways conservation officers. The commission may substitute the term "waterways conservation officer" for the term "waterways patrolman" on its documents and materials on a schedule it deems appropriate. (b) Deputy waterways patrolmen.--Deputy waterways patrolmen of the commission are designated deputy waterways conservation officers. The commission may substitute the term "deputy waterways conservation officer" for the term "deputy waterways patrolman" on its documents and materials on a schedule it deems appropriate. (c) Savings provision.--Prosecutions, enforcement actions and other official duties of waterways conservation officers and deputy waterways conservation officers shall not be affected by the use of the designation waterways patrolmen or deputy waterways patrolmen on forms, documents, materials, badges and other items issued or prepared by the commission. (May 24, 1984, P.L.335, No.66, eff. 60 days) 1984 Amendment. Act 66 added section 307.

30 Pa.C.S. § 308 Designation of commission.

The Pennsylvania Fish Commission is designated the Pennsylvania Fish and Boat Commission. Prosecutions, licenses, contracts, deeds, enforcement actions and other official actions by the commission shall not be affected by the use of the designation of the commission as the Pennsylvania Fish Commission. The commission may continue to use the name Pennsylvania Fish Commission on badges, citations, field acknowledgments, contracts, licenses, registrations, stationery or any other official documents or emblems until existing supplies are exhausted. The commission may substitute the title "Pennsylvania Fish and Boat Commission" for the title "Pennsylvania Fish Commission" on its documents and materials on such schedule as it deems appropriate. (Dec. 12, 1991, P.L.368, No.39, eff. imd.) 1991 Amendment. Act 39 added section 308. See section 5 of Act 39 in the appendix to this title for special provisions relating to use of existing forms, stationery, etc.

30 Pa.C.S. § 321 Administration and enforcement.

The commission shall administer and enforce this title and other laws of this Commonwealth relating to: (1) The encouragement, promotion and development of the fishery interests. (2) The protection, propagation and distribution of fish. (3) The management of boating and the operation of boats. (4) The encouragement, promotion and development of recreational boating. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)

30 Pa.C.S. § 322 Rules and regulations.

The commission may promulgate rules and regulations concerning: (1) Fishing to aid in the better protection, preservation and management of fish. (2) Boating and the management and operation of boats.

30 Pa.C.S. § 322.1 Power to set fees.

(a) Authority.-- (1) Beginning July 1, 2021, the commission, in accordance with paragraph (2), may change or set the fees provided under any of the following: (i) Section 502 (relating to service charge for uncollectible checks). (ii) Section 2715(a)(1), (2), (3), (4), (5), (6), (6.1), (6.2) and (7), (a.1)(1), (4) and (5) and (b) (relating to license, permit and issuing agent fees). (iii) Section 2902 (relating to net permits). (iv) Section 2903 (relating to boat and net licenses for boundary lakes). (v) Section 2906 (relating to permits for use of explosives). (vi) Section 3102 (relating to fees). (vii) Section 3509 (relating to obstructing migration of fish). (viii) Section 5104 (relating to fees). (ix) Section 5304 (relating to issuing agents). (x) Section 5327 (relating to fees). (xi) Section 5334 (relating to notice for boats and related equipment). (2) A change or setting of a fee under this subsection shall be done as follows: (i) The commission shall publish a notice of proposed rulemaking containing the proposed fee change in accordance with section 201 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. The commission shall give at least 30 days for the submission of written comments and shall hold at least one public hearing on the proposed change. (ii) Prior to adoption of a final-form regulation containing a fee change, the commission shall review and consider public comments and may modify the text of the final-form regulation as the commission deems necessary under section 202 of the Commonwealth Documents Law. (iii) After adoption of a final-form regulation containing a fee change, the commission shall submit the final-form regulation, copies of all public comments and the transcript of the public hearing to the Game and Fisheries Committee of the Senate and the Game and Fisheries Committee of the House of Representatives. (iv) Either committee under subparagraph (iii) may report a concurrent resolution recommending disapproval of the fee change within 30 days of the submission under subparagraph (iii) or within 10 legislative session days, whichever is later. If neither committee reports a concurrent resolution recommending disapproval within the time prescribed in this subparagraph, the fee change shall be deemed approved. (v) If either committee reports a concurrent resolution under subparagraph (iv) and the General Assembly does not adopt the concurrent resolution within 30 days of the date that the concurrent resolution is reported or within 10 legislative days, whichever is later, the fee change shall be deemed approved. (vi) If the General Assembly adopts a concurrent resolution under subparagraph (iv) within 30 days of the date that the concurrent resolution is reported or within 10 legislative session days, whichever is later, the following shall apply: (A) The concurrent resolution shall be presented to the Governor in accordance with section 9 of Article III of the Constitution of Pennsylvania. (B) If the Governor does not veto the concurrent resolution of the General Assembly within 10 days after the resolution is presented, the fee change shall be deemed disapproved. (C) If the Governor vetoes the concurrent resolution within 10 days after the resolution is presented, the General Assembly may override the veto by a two-thirds vote in each house within 30 days after the veto or within 10 legislative session days, whichever is later. If the General Assembly does not override the veto within the time prescribed in this clause, the fee change shall be deemed approved. If the General Assembly overrides the veto within the time prescribed in this clause, the fee change shall be deemed disapproved. (vii) If the fee change is deemed approved under subparagraph (iv), (v) or (vi)(C), the commission shall: (A) submit the final-form regulation containing the fee change to the Office of Attorney General for approval as to the legality; and (B) publish an order adopting the final-form regulation containing the fee change and deposit a copy of the final-form regulation with the Legislative Reference Bureau in accordance with section 207 of the Commonwealth Documents Law. (b) Expiration.--Subsection (a) shall expire July 15, 2035. Upon expiration, final-form regulations promulgated under subsection (a)(2)(vii)(B) shall remain in effect. (c) Notice.--The commission shall provide notice of any change of a fee and shall submit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin the change of the fee and post it on the commission's publicly accessible Internet website. (July 10, 2020, P.L.604, No.56, eff. imd.; Oct. 31, 2024, P.L.1116, No.129, eff. 60 days) 2024 Amendment. Act 129 amended subsec. (b). 2020 Amendment. Act 56 added section 322.1. Cross References. Section 322.1 is referred to in sections 502, 2715, 2902, 2903, 2906, 3102, 3509, 5104, 5304, 5327, 5334 of this title.

30 Pa.C.S. § 323 Publications.

The executive director may have printed the annual report of the commission and such bulletins, literature, posters and other printing as may be appropriate to the work of the commission including the magazine known as the Pennsylvania Angler. The commission shall from time to time establish the subscription rates for the Pennsylvania Angler and charges for its other publications. All publications published by the commission shall be nonpartisan.

30 Pa.C.S. § 324 Commission records.

Any records maintained by the commission or any issuing agent or other agent of the commission that contain or include the home address of any individuals or any other personal information about individuals such as height, weight, color of hair and/or color of eyes, including but not limited to fishing licenses and applications therefor, boat registrations and applications therefor and permits and applications therefor, are not public records as defined in section 1 of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. (Apr. 8, 1982, P.L.313, No.88, eff. imd.) 1982 Amendment. Act 88 added section 324. References in Text. Section 1 of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in this section, was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

30 Pa.C.S. § 325 Use of credit and debit cards.

(a) Sales of licenses and other items.--The executive director with the approval of the commission may establish policies and procedures for the use of credit cards and debit cards for the purchase of licenses, permits, publications, promotional items and other items offered for sale by the commission. (b) Fines and settlements.--The executive director with the approval of the commission may establish policies and procedures for use of debit cards for persons to pay fines, settlements or other amounts collected under this title. (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days) 1996 Amendment. Act 185 added section 325.

30 Pa.C.S. § 326 Limitation on regulatory jurisdiction.

The commission shall have no regulatory jurisdiction over the program whereby the Department of Environmental Protection sprays Bacillus thuringiensis israeliensis (Bti) on Commonwealth waters for control of blackfly. (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days) 1996 Amendment. Act 185 added section 326.

30 Pa.C.S. § 327 Volunteer program.

(a) Volunteer program.--The commission shall have the power and authority to do all things necessary and expedient to maintain a volunteer program and to promulgate rules and regulations under this section. (b) Services of individuals without compensation.--The executive director or his designee is authorized to recruit, train and accept, without regard to the civil service classification laws, rules or regulations, the services of individuals without compensation as volunteers for or in aid of interpretive functions, education and information programs, boating safety and water rescue programs, conservation measures, habitat improvement and other activities related to fish and fishing and boats and boating. (c) Expenses.--The commission is authorized to pay reasonable and necessary expenses for volunteers, in accordance with Statewide guidelines, for transportation, uniforms, lodging and subsistence. (d) Status of volunteers.-- (1) Except as otherwise provided in this section, a volunteer shall not be deemed to be a Commonwealth employee and shall not be subject to the provisions of law relating to Commonwealth employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and Commonwealth employee benefits. (2) Volunteers performing work under the terms of this section acting within the scope of their volunteer duties shall be authorized to operate Commonwealth vehicles and watercraft and shall be treated for the purposes of automotive and general liability as employees of the Commonwealth. (3) For the purposes of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, volunteers under this section shall be deemed employees of the Commonwealth. (4) No volunteer shall be assigned to any full-time or wage position that is covered by any labor agreement, presently filled, vacant or authorized in the commission. (5) As to civil damages, the standard of care for acts or omissions by commission volunteers acting within the scope of their duties shall be as set forth in 42 Pa.C.S. § 8332.4 (relating to volunteer-in-public-service negligence standard). (Jan. 29, 1998, P.L.31, No.7, eff. imd.; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsec. (d)(4). 1998 Amendment. Act 7 added section 327.

30 Pa.C.S. § 328 Cooperative agreements.

The commission may enter into cooperative agreements with any agency of the United States, any agency of any other state, any agency of the Commonwealth or Pennsylvania local government, or any educational or research institution or any other person or entity to carry out or further the programs of the commission. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) 1999 Amendment. Act 41 added section 328.

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