Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Definitions. The
following terms, when used in this section, have the following meanings, unless
the context clearly indicates otherwise:
Fishing tournament-An organized
competitive fishing event, other than a fishing derby, where ten or more
individuals fish during a specified time period. An activity that involves one
or more of the following factors is considered a fishing tournament:
(i) The event is sponsored or promoted by an
individual or organization.
(ii)
The event involves the award of trophies, prizes or other recognition for
participation in the tournament.
(iii) The event is conducted during a
distinct time period (usually 72 hours or less) on a particular body of
water.
Fishing derby-An organized event
involving 10 or more participants conducted for children under the age of 16,
senior citizens (as defined in section 2701 of the code (relating to
definitions)), anglers with disabilities, special populations or other group
when the principal purpose is education or enjoyment, rather than competition
among anglers.
(b)
Permits. It is unlawful to conduct a fishing tournament on
Commonwealth waters without obtaining a special activity permit under this
section.
(1)
Content of
application. An application for a special activity permit for a
fishing tournament shall contain the following information:
(i) The date, time and place.
(ii) The nature of the proposed
tournament.
(iii) The anticipated
number of participants and watercraft.
(iv) The proposed disposition of fish
caught.
(v) The species and source
of fish sought.
(vi) Whether or not
the sponsor charges an entry fee.
(2)
Deadline for submission.
The deadline for submission of applications for special activity permits for
fishing tournaments shall be as follows:
(i)
For tournaments involving 50 or more boats, the application shall be submitted
after October 1 and before December 1 of the year prior to the year of the
proposed tournaments.
(ii) For
tournaments involving 49 or less boats or fishing from shore, the application
shall be submitted at least 60 days prior to the date of the proposed
tournament.
(iii) The Commission
may consider applications for tournaments submitted after the deadlines
established by this section.
(3)
Review of applications.
(i) The Commission staff will review
applications for special activity permits to conduct fishing tournaments on
Commonwealth waters and will endeavor to issue or deny permits within 45 days
after the receipt of the application. The factors to be reviewed include:
(A) Whether the proposed tournament at the
proposed time and location will have adverse impacts on the protection and
management of fish in the waters to be fished in connection with the
tournament.
(B) Whether the
proposed tournament at the proposed time and location will impede or reduce
fishing and boating opportunities for members of the angling and boating public
who are not participants in the tournament.
(C) Whether the proposed tournament is
scheduled on the opening weekend of the season for any species of game
fish.
(D) Whether the proposed
tournament at the proposed time and location competes with another tournament
already permitted for the same time and place. In the event of competing
applications, a fishing tournament where fish are intended to be released alive
shall be given preference over a fishing tournament where fish are intended to
be killed or taken.
(E) Whether the
proposed tournament at the proposed time and location may result in congestion
of watercraft on the waters of this Commonwealth.
(F) Whether the sponsors of the proposed
tournament have demonstrated their ability to conduct the tournament in
accordance with this title and the conditions of the permit.
(ii) If the Bureau of Law
Enforcement determines to deny the application for the special activity permit
for a fishing tournament, it will notify the applicant in writing of the denial
and the reasons. The applicant may, within 10 days of notification, request the
Executive Director to reconsider the denial of the permit. The Executive
Director will act on the request for reconsideration within 10 days of its
receipt. If the Executive Director denies the permit after reconsideration, the
applicant may appeal to the Commission under 1 Pa. Code §35.20 (relating
to appeals from actions of staff).
(4)
Permit conditions. The
Bureau of Law Enforcement may impose conditions in connection with the issuance
of a permit under this section. The conditions may include:
(i) Limitations on the numbers of boats or
participants in the tournament when the number of boats or participants
involved in the proposed tournament exceeds the capacity of the waters being
fished taking into account other permitted activities at the same time and
place.
(ii) Limitations on the time
or duration of the tournament. When reasonably necessary and appropriate to
provide for protection of fish, the Commission may, for tournaments conducted
during the months of July and August, include a condition limiting the duration
of the tournament to no more than 10 hours of fishing.
(iii) Limitations on taking, catching,
possessing and killing fish, including, when necessary for the protection and
management of fish, requiring that the tournament be conducted as a
catch-measure-and release or aerated livewell tournament.
(iv) Requirements for the proper disposal of
fish taken in the tournament. Tournament sponsors engaged in returning live
fish to the waters of this Commonwealth after completion of a tournament may
possess fish in excess of the daily possession limit if they carry the
tournament permit and can document the catch of the individual tournament
participants. The permit condition may provide that live fish will be
distributed to the waters from which taken away from the ramp or access area
where the weigh-in occurs.
(v)
Requirements for filing of catch reports within 30 days after completion of the
tournament.
(vi) Upon request of an
applicant for a tournament permit, the Commission may include a condition
providing that one or more uninjured largemouth bass, smallmouth bass or
spotted bass that an angler is landing, measuring or in the process of
releasing from a recirculated or aerated livewell will not be considered as
part of the daily creel limit if the fish is caught during a tournament that as
part of its rules penalizes the return of any dead or distressed bass to the
water, requires use of recirculating or aerated temperature-controlled
livewells, distributes to the contestants instructions on the proper
maintenance and use of livewells and limits the fishing hours to no more than 9
hours per day. This permit condition will be included only in circumstances
when the Commission finds that permitting culling will have no substantial
adverse impacts on the protection and management of fish.
(c)
Fishing
derbies.
(1)
General
rule. It is unlawful to conduct a fishing derby as defined in this
section on Commonwealth waters without first obtaining a special activity
permit from the Commission, except that this requirement does not apply to
fishing derbies to be held on privately owned lakes or ponds that are not open
to the public.
(2)
Special
activity permit. An applicant for a special activity permit for a
fishing derby shall apply at least 60 days before the date of the proposed
derby and indicate the following:
(i) The
date, time and place.
(ii) The
nature of the proposed derby.
(iii)
The anticipated number of participants and watercraft.
(iv) The proposed disposition of fish
caught.
(v) The species and source
of fish sought.
(3)
Review of applications.
(i)
The Commission staff will review applications for special activity permits to
conduct fishing derbies and will endeavor to issue or deny permits within 45
days after the receipt of the application. The factors to be reviewed include:
(A) Whether the proposed derby at the
proposed time and location will have adverse impacts on the protection and
management of fish in the waters to be fished in connection with the
derby.
(B) Whether the proposed
derby at the proposed time and location will impede or reduce fishing and
boating opportunities for members of the angling and boating public who are not
participants in the derby.
(C)
Whether the proposed derby is scheduled on the opening weekend of the season
for any species of game fish.
(D)
Whether the proposed derby at the proposed time and location competes with
another derby or fishing tournament already permitted for the same time and
place.
(E) Whether the proposed
derby at the proposed time and location may result in unsafe congestion of
watercraft on the waters of this Commonwealth.
(F) Whether the sponsors of the proposed
derby have demonstrated their ability to conduct the derby in accordance with
this title and the conditions of the permit.
(ii) If the Bureau of Law Enforcement
determines to deny the application for the special activity permit for a
fishing derby, it will notify the applicant in writing of the denial and the
reasons. The applicant may, within 10 days of notification, request the
Executive Director to reconsider the denial of the permit. The Executive
Director will act on the request for reconsideration within 10 days of its
receipt. If the Executive Director denies the permit after reconsideration, the
applicant may appeal to the Commission under 1 Pa. Code §35.20 (relating
to appeals from actions of staff).
(4)
Permit conditions. The
Bureau of Law Enforcement may impose conditions in connection with the issuance
of a permit under this section. The conditions may include:
(i) Limitations on the numbers of boats or
participants in the derby when the number of boats or participants involved in
the proposed derby exceeds the capacity of the waters to be fished taking into
account other permitted uses of the facility at the same time.
(ii) Limitations on the time or duration of
the derby, when reasonably necessary and appropriate to provide for the
protection of fish.
(iii)
Limitations on taking, catching, possessing and killing fish.
(iv) Requirements for the proper disposal of
fish taken in the derby. Derby sponsors engaged in returning live fish to the
waters of this Commonwealth after completion of a derby may possess fish in
excess of the daily possession limit if they carry the derby permit and can
document the catch of the individual derby participants. The permit condition
may provide that live fish will be distributed to the waters from which taken
away from the ramp or access area where the weigh-in occurs.
(d)
Prohibited
acts. It is unlawful to conduct a fishing tournament or fishing derby
on Commonwealth waters except in compliance with permit conditions. It is
unlawful to conduct a tournament or fishing derby on Commonwealth waters on the
opening day for any species of game fish unless the applicant has made an
extraordinary showing that the proposed tournament will not interfere with
other fishing and boating activities and the Commission issues a special
activity permit containing a specific finding, based upon the applicant's
showing, that the permitted activity will not constitute interference. It is
unlawful to conduct or participate in a fishing tournament or fishing derby
involving the catch or attempted catch of a particular species of fish during
the closed season for that species. It is unlawful to conduct a fishing
tournament on the North Branch, West Branch or main stem of the Susquehanna
River that allows tournament anglers to kill black bass.
The provisions of this §63.40 amended under the Fish
and Boat Code,
30 Pa.C.S. §§
322,
2102 and
2307.
This section cited in 58 Pa. Code §
53.24 (relating to tournament and
fishing derby permits); 58 Pa. Code §
61.1 (relating to Commonwealth
inland waters); 58 Pa. Code §
61.2 (relating to Delaware River,
West Branch Delaware River and River Estuary); 58 Pa. Code §
61.3 (relating to Pymatuning
Reservoir); 58 Pa. Code §
61.4 (relating to Conowingo
Reservoir); 58 Pa. Code §
65.21 (relating to waters limited
to specific purposes-exclusive use fishing areas); and 58 Pa. Code §
69.12 (relating to seasons, sizes
and creel limits-Lake Erie, Lake Erie tributaries and Presque Isle Bay
including peninsula waters).
