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Definitions - 30 Pa. Cons. Stat. § 102

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     § 102.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this title, the following words and phrases when
     used in this title shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        "Amphibian."  Any of the cold-blooded, scaleless, vertebrates
     of the class amphibia, such as frogs, toads and salamanders, the
     young usually being aquatic and breathing by gills and the
     adults usually losing the gills and breathing by lungs.
        "Aquatic organism."  Any plant or animal that grows or lives
     in or upon the water.
        "Artificial propagation."  The rearing of any species of
     fish, during any stage of the species life cycle from inception
     by natural or artificial means to the adult stage of the
     species.
        "Bait fish."  Unless otherwise provided by commission
     regulation, the following fish:
            (1)  All forms of the minnow family (Cyprinidae) except
        carp and goldfish.
            (2)  Suckers, chubs, fallfish, lampreys and eels
        measuring less than eight inches in length.
            (3)  All forms of darters, killifishes and madtoms
        (otherwise known as stonecats).
        "Board."  The Boating Advisory Board established under this
     title.
        "Boat."  Every description of watercraft constructed or sold
     for the primary purpose of being used as a means of
     transportation on the water. The term does not include:
            (1)  Surfboards and other similar nonpowered contrivances
        used primarily as swimming aids.
            (2)  Commercial craft subject to Federal manning and
        inspection requirements.
            (3)  Seaplanes.
        "Boundary lake."  Such part or parts of any lake lying
     between this Commonwealth and any other state or foreign country
     over which the Commonwealth may have jurisdiction.
        "Boundary waters."  All natural or artificially constructed
     ponds or lakes, bays, peninsular waters or flowing streams or
     rivers which border on this Commonwealth.
        "Commission."  The Pennsylvania Fish and Boat Commission of
     the Commonwealth.
        "Deputy waterways conservation officers."  Officers formerly
     designated as deputy waterways patrolmen appointed under section
     305 (relating to deputy waterways patrolmen).
        "Deputy waterways patrolman."  A deputy waterways
     conservation officer.
        "Endangered species."  All species and subspecies of fish
     which:
            (1)  have been declared by the Secretary of the United
        States Department of the Interior to be threatened with
        extinction and appear on the Endangered Species List or the
        Native Endangered Species List published in the Federal
        Register; or
            (2)  have been declared by the executive director to be
        threatened with extinction and appear on the Pennsylvania
        Endangered Species List published in the Pennsylvania
        Bulletin.
        "Executive director."  The executive director of the
     Pennsylvania Fish and Boat Commission.
        "Fish."
            (1)  When used as a noun, includes all game fish, fish
        bait, bait fish, amphibians, reptiles and aquatic organisms.
            (2)  When used as a verb, the act of fishing.
        "Fishing."  The act of angling, or to catch, take, kill or
     remove or the attempt to catch, take, kill or remove from any
     waters or other areas within or bordering on this Commonwealth
     any fish by any means or method for any purpose whatsoever.
        "Fish bait."  Unless otherwise provided by commission
     regulation, crayfish or crabs, mussels, clams and the nymphs,
     larvae and pupae of all insects spending any part of their life
     cycle in the water.
        "Game fish."  Unless otherwise provided by commission
     regulation, the following fish: Brook trout, Salvelinus
     fontinalis; brown trout, Salmo trutta; and rainbow trout, Salmo
     gairdneri, and the salmon family, Salmoidae; walleye,
     Stizostedion vitreum; chain pickerel, Esox niger; northern pike,
     Esox lucius; muskellunge, Esox masquinongy; fallfish, Semotilus
     corporalis; smallmouth bass, Micropterus dolomieui; largemouth
     bass, Micropterus salmoides; crappies, Pomoxis sp.; rock bass,
     Ambloplites rupestris; yellow perch, Perca flavescens; striped
     bass or rockfish, morone saxatili; suckers, Catostomidae; eels,
     Anguilla rostrata; chubs, Semotilus and Nocomis, measuring at
     least eight inches in length; sturgeon, Acipenser oxyrhynchus;
     white perch, morone americana; and all other species or
     varieties of fish except bait fish.
        "Iceboat."  Every description of icecraft or motor-driven
     contrivance used, or capable of being used, as a means of
     transportation on ice.
        "Inland waters."  Any nontidal stream, river, lake,
     artificial or natural body of water within this Commonwealth.
        "Motorboat."  Any boat equipped with propelling machinery.
        "Operate."  As applied to watercraft, to navigate or
     otherwise use a boat or watercraft.
        "Owner."  As applied to watercraft, a person, other than a
     lienholder, having the property in or title to a boat. The term
     includes a person entitled to the use or possession of a boat
     subject to the interest of another person reserved or created by
     agreement and securing payment or performance of an obligation.
     The term does not include a lessee under a lease not intended as
     security.
        "Passenger."  Any person on a boat.
        "Passenger-carrying boat."  Any boat that carries more than
     six passengers either for hire or as part of a commercial
     enterprise. The following persons shall not be counted in
     determining the number of passengers:
            (1)  The owner or his representative.
            (2)  The operator and bona fide members of the crew who
        have contributed no consideration for their carriage and who
        may be paid for their services.
            (3)  Any guest on board a boat used exclusively for
        pleasure purposes who has not contributed any consideration,
        directly or indirectly, for his carriage when there are no
        other passengers on board who have paid any such
        consideration and when only the owner or owners of the boat
        are bearing the costs of operating the boat.
     The term shall not include any boat operated exclusively as a
     part of a cavern operation.
        "Person."  Includes individuals, partnerships, associations,
     corporations, political subdivisions, municipality authorities,
     the Commonwealth or any other legal entities.
        "Regulated fishing lake."  Any artificial or man-made pond or
     lake owned, leased or controlled in any manner by any person
     where fishing is permitted for payment of a fee and in which all
     fish stocked are artificially propagated by commercial
     hatcheries or purchased from persons licensed to sell fish.
        "Reptiles."  Any of the various species of cold-blooded
     vertebrates of the class Reptilia.
        "Special marine event."  Any unusual congregation of boats
     for a specific purpose including events such as races, regattas,
     rodeos, demonstrations, exhibitions and marine parades.
        "Threatened species."  All species and subspecies of fish
     which:
            (1)  have been declared by the Secretary of the United
        States Department of the Interior to be in such small numbers
        throughout their range that they may become endangered if
        their environment worsens and appear on a Threatened Species
        List published in the Federal Register; or
            (2)  have been declared by the executive director to be
        in such small numbers throughout their range that they may
        become endangered if their environment worsens and appear on
        the Pennsylvania Threatened Species List published in the
        Pennsylvania Bulletin.
        "Vessel."  A boat.
        "Watercraft."  Every description of device used on the water
     or ice or capable of being used as a means of transport on water
     or ice. The term includes boats, motorboats, iceboats, all
     terrain or amphibious vehicles when they are operated on water
     and all such other devices. The term does not include seaplanes.
        "Waters of this Commonwealth."  Includes all inland, tidal
     and boundary waters, whether navigable or nonnavigable, under
     the jurisdiction of the Commonwealth. The term includes ice that
     forms on these waters.
        "Waterways conservation officers."  Officers formerly
     designated as waterways patrolmen appointed under section 304
     (relating to waterways patrolmen and employees).
        "Waterways patrolman."  A waterways conservation officer.
     (May 24, 1984, P.L.335, No.66, eff. 60 days; Dec. 12, 1991,
     P.L.368, No.39, eff. imd.; Dec. 9, 2002, P.L.1542, No.199, eff.
     60 days)

        2002 Amendment.  Act 199 amended the def. of "passenger-
     carrying boat."
        1991 Amendment.  Act 39 amended the defs. of "commission" and
     "executive director."
        1984 Amendment.  Act 66 added the defs. of "deputy waterways
     conservation officers," "deputy waterways patrolman," "waterways
     conservation officers" and "waterways patrolman."

Last modified: November 27, 2007