Fish - 30 Pa. Cons. Stat.

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PART I. GENERAL PROVISIONS
Chapter 1. Preliminary Provisions

• § 101.  Short title of title.
  This title shall be known and may be cited as the "Fish and Boat Code." ...
• § 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 ...

Chapter 3. Pennsylvania Fish and Boat Commission
Subchapter A. Organization, Officers and Employees

• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 Environmental Resources, or his designee, ...
• § 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 ...
• § 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 ...

Subchapter B. Powers and Duties in General

• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...

Chapter 5. Fiscal Affairs
Subchapter A. General Provisions

• § 501.  Refund of moneys paid erroneously or unjustly.
  Whenever the commission is satisfied that any fee, fine or any other money was erroneously or unjustly paid into the State Treasury under any of ...
• § 502.  Collection fee for uncollectible checks.
  Whenever any check or similar instrument issued in payment of any fee, fine or for any other purpose under this title is returned to the ...
• § 503.  Auditing and reporting requirements.
  (a) Performance audit.--A performance audit of the commission for the concluding fiscal year shall be conducted by the Legislative Budget and Finance Committee and shall ...

Subchapter B. The Fish Fund

• § 521.  Establishment and use of Fish Fund.
  (a) General rule.--Except as otherwise provided in this title, all fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions ...
• § 522.  Expenditures from Fish Fund.
  (a) Approval of estimated expenditures.--Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the ...

Subchapter C. The Boat Fund

• § 531.  Establishment and use of Boat Fund.
  (a) General rule.--All fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of section 747 (relating to proceeds from ...
• § 532.  Expenditures from Boat Fund.
  (a) Approval of estimated expenditures.--Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the ...

Chapter 7. Property and Waters
Subchapter A. General Provisions

• § 701.  Acceptance of donations of money or property.
  The commission may accept from any person donations which, if in the form of money or securities, shall be placed in the Fish Fund or ...
• § 702.  Execution of contracts and leases.
  The executive director shall represent the commission in the execution of land purchase contracts and in the execution of leases and other similar agreements approved ...

Subchapter B. Acquisition and Improvement

• § 721.  Acquisition of property.
  (a) General rule.--The commission may by purchase, gift, lease, eminent domain or otherwise acquire within this Commonwealth: (1) Title to, or control of, lands, waters ...
• § 722.  Improvements to property.
  The commission may purchase, construct, repair and maintain buildings and other improvements on lands acquired for its use and under its control as may be ...
• § 723.  Rights-of-way and other rights.
  The commission may lease or otherwise secure rights-of-way on and across public or private lands and waters or other rights which may be required to ...
• § 724.  Certification of title or title insurance.
  The title records for lands acquired shall first be carefully searched and examined by the commission and when the commission is satisfied that a valid ...
• § 725.  Price paid for acquisitions and improvements.
  The commission shall pay what it considers to be a fair and reasonable price for acquisitions and improvements consistent with the purposes for which they ...
• § 726.  Title to property.
  The title to any lands or waters acquired by purchase, gift, exchange or otherwise shall be taken in the name of the Commonwealth for the ...
• § 727.  Designation of property.
  The commission may designate lands which it secures title to, or total or partial control of, as it sees fit. ...
• § 728.  Exemption from taxation.
  Lands, waters or buildings to which title has been acquired in the name of or for the use of the commission shall be exempt from ...

Subchapter C. Control, Management and Disposition

• § 741.  Control of property.
  (a) General rule.--The entire control of all lands or waters owned, leased or otherwise controlled shall be under the direction of the commission and the ...
• § 742.  Use of property.
  (a) General rule.--All or part of lands and waters to which title has been acquired for the use of the commission or which have been ...
• § 743.  Exchange or sale.
  The commission may, by resolution adopted by unanimous vote at a meeting at which at least a majority of the members are present and voting, ...
• § 744.  Disposition of timber and minerals.
  The commission may dispose of, by lease, sale or otherwise, timber, minerals, oil and gas, or rights therein, on or under lands to which it ...
• § 745.  Rights-of-way, easements and licenses.
  (a) General rule.--On and across lands to which title has been acquired for its use the commission may, at such charge or fee as the ...
• § 746.  Leases.
  Notwithstanding any other provision of law, the executive director, with the approval of the commission, may lease any land or interests in land over which ...
• § 747.  Proceeds from sales and grants.
  All net proceeds from the sale of lands, waters, timber, oil, gas or other minerals, leases of commission lands, waters or interests or rights from ...

Chapter 9. Enforcement
Subchapter A. General Provisions

• § 901.  Powers and duties of waterways conservation officers and deputies.
  CHAPTER 9 ENFORCEMENT Subchapter A. General Provisions B. Prosecutions and Penalties Enactment. Chapter 9 was added October 16, 1980, P.L.996, No.175, effective in 90 days. ...
• § 902.  Enforcement of other laws.
  All waterways patrolmen and deputy waterways patrolmen are authorized to enforce all the laws of this Commonwealth, and rules and regulations promulgated thereunder, relating to ...
• § 903.  Delegation of enforcement powers.
  Any person employed or elected by the Commonwealth or by any municipality, whose duty it is to preserve the peace or to make arrests or ...
• § 904.  Interference with officers.
  (a) General rule.--Any person who interferes with any officer of this Commonwealth in the performance of his duty under the provisions of this title commits ...
• § 905.  Reciprocal enforcement on Delaware River.
  So long as the State of New York or the State of New Jersey, as the case may be, has in effect a statutory provision ...
• § 906.  Fleeing or attempting to elude an officer.
  (a) General rule.--A person who has been given a visual or audible signal to stop by a person authorized to enforce this title and who ...
• § 907.  Operation of vehicle or boat without lights to avoid identification or arrest.
  § 907. Operation of vehicle or boat without lights to avoid identification or arrest. A person who operates a vehicle or boat without lights or ...
• § 908.  False identification or false or fraudulent statements on reports, etc.
  § 908. False identification or false or fraudulent statements on reports, etc. A person who gives false identification to an officer authorized to enforce this ...
• § 909.  Interference with lawful fishing and boating prohibited.
  (a) General rule.--Except as otherwise provided in this title, it is unlawful for a person at the location where lawful fishing or boating is taking ...

Subchapter B. Prosecutions and Penalties

• § 921.  Time for commencing prosecutions.
  Prosecutions for violating any provision of this title shall be commenced within the period provided by Chapter 55 of Title 42 (relating to limitation of ...
• § 922.  Possession prima facie evidence of violation.
  In all cases of violation of any provision of this title, the possession of fish or the possession or operation of nets, equipment or other ...
• § 923.  Classification of offenses and penalties.
  (a) General rule.--The following penalties shall be imposed for violations of this title: (1) For a summary offense of the first degree, a fine of ...
• § 924.  Costs for summary offenses.
  Any person convicted of a summary offense under this title shall, in addition to the fine imposed, be sentenced to pay costs as provided or ...
• § 925.  Acknowledgment of guilt and receipts for payment.
  (a) General rule.--Subject to subsection (d), a person charged with violating any provision of this title which is a summary offense may sign, within ten ...
• § 926.  Disposition of fines and penalties.
  (a) General rule.--Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and ...
• § 927.  Forfeiture of fish and devices.
  (a) General rule.--A person convicted of an offense under this title shall forfeit any fish seized under section 901(6) (relating to powers and duties of ...
• § 928.  Revocation, suspension or denial of license, permit or registration.
  § 928. Revocation, suspension or denial of license, permit or registration. (a) Revocation or denial.--Any fishing license, special license or permit or privilege, including boating ...
• § 929.  Suspension of privileges pending payment of penalties.
  All fishing and boating privileges granted by this title shall automatically be suspended if a defendant fails to respond to a citation or summons within ...
• § 930.  Disposition of nonresident offenders.
  Subject to any inconsistent regulations prescribed pursuant to 42 Pa.C.S. § 3502 (relating to financial regulations): (1) General rule.--Except as otherwise provided in paragraph (2), ...

PART II. FISH AND FISHING
Chapter 21. General Provisions

• § 2101.  Administration of part.
  The commission shall administer and enforce this part and other laws of this Commonwealth relating to: (1) The encouragement, promotion and development of the fishery ...
• § 2102.  Rules and regulations.
  (a) General rule.--The commission may promulgate such general and special rules and regulations as it deems necessary and appropriate concerning fish and fishing in the ...
• § 2103.  Stocked waters open for fishing.
  (a) General rule.--Any water area in this Commonwealth stocked with fish furnished by the commission shall be open to the public for the purpose of ...
• § 2104.  Sunday fishing from private land.
  (a) General rule.--No person shall fish on any Sunday from privately owned land without the express or implied consent of the owner or lessee of ...
• § 2105.  Farm fish ponds.
  (a) Exemption from regulation.--The restrictions on fishing imposed by this part do not apply to a resident owner or lessee of a farm, his family ...
• § 2106.  Fishing in hatchery or nursery waters.
  (a) General rule.--No person shall fish, or trespass with intent to fish, in any hatchery waters or waters designated by the commission as nursery waters, ...
• § 2107.  Sale of fish taken from hatchery or nursery waters.
  (a) General rule.--A person shall not sell, offer for sale or knowingly purchase fish taken from any hatchery waters or waters designated by the commission ...
• § 2108.  Retrieval and disposition of fish.
  (a) General rule.--It is unlawful for a person who kills fish while engaged in activities permitted by this title to refuse or neglect to make ...

Chapter 23. Fish Restoration and Management

• § 2301.  Propagation and distribution of fish.
  (a) Determination of policy.--The commission shall determine policy pertaining to the propagation and distribution or planting of the fish produced at the Commonwealth fish hatcheries ...
• § 2302.  Cooperative fish restoration projects.
  The Commonwealth assents to the provisions of the Act of Congress, entitled "An Act To Provide That The United States Shall Aid the States in ...
• § 2303.  Federal cultural stations.
  The Commonwealth consents and accords to the Federal Government and its agents the right to establish fish cultural stations in this Commonwealth and to conduct ...
• § 2304.  Fish migration studies.
  (a) General rule.--The commission may make comprehensive studies of the migratory habits of fish which include the stocking and tagging of shad below and above ...
• § 2305.  Threatened and endangered species.
  (a) Establishment and publication of lists.--The executive director shall establish a Pennsylvania Threatened Species List and a Pennsylvania Endangered Species List. The lists, and any ...
• § 2306.  Refuge areas.
  (a) General rule.--The commission may set aside, in its discretion, such areas as it may judge best as refuge areas in which fishing or entry ...
• § 2307.  Waters limited to specific purposes.
  (a) General rule.--The commission may designate certain water areas for specific purposes and promulgate such rules and regulations as are deemed necessary to protect and ...

Chapter 25. Protection of Property and Waters

• § 2501.  Misuse of property and waters.
  (a) General rule.--It is unlawful for any person to commit any of the following acts in or along any waters or lands adjacent to or ...
• § 2502.  Disturbance of waterways and watersheds.
  (a) General rule.--No person shall alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, ...
• § 2503.  Littering.
  (a) General rule.--It is unlawful for any person to throw, discard, leave, emit, deposit or allow the depositing of any garbage, bottles, cans, rubbish, wire, ...
• § 2504.  Pollution of waters.
  (a) General rule.--No person, regardless of intent, shall: (1) Put or place in any waters within or on the boundaries of this Commonwealth any electricity, ...
• § 2505.  Interference or damage to hatchery or nursery property.
  (a) General rule.--No person shall destroy or tamper with any ponds, property or appliances whatsoever of the commission, Federal Government or cooperative nursery approved by ...
• § 2506.  Commonwealth actions for damage to fish.
  (a) Declaration of policy.--The Commonwealth has sufficient interest in fish living in a free state to give it standing, through its authorized agencies, to recover ...
• § 2507.  Sale of certain fish, reptiles and amphibians prohibited.
  § 2507. Sale of certain fish, reptiles and amphibians prohibited. (a) General rule.--No person shall purchase, sell, barter, trade or offer for sale any species ...
• § 2508.  Restrictions on transport, sale, importation or release of non-native injurious fish.
  § 2508. Restrictions on transport, sale, importation or release of nonnative injurious fish. (a) General rule.--No person shall transport, sell, offer for sale or release ...

Chapter 27. Fishing Licenses

• § 2701.  Resident fishing licenses.
  (a) General rule.--For the purposes of this chapter, any person is eligible for a "Resident Annual Fishing License" when the person: (1) Has applied to ...
• § 2702.  Nonresident and tourist licenses.
  (a) Nonresident annual licenses.--For the purposes of this chapter, any person who does not purchase a resident fishing license under section 2701 (relating to resident ...
§ 2702.1. One-day resident fishing license.

• § 2703.  Possession and display of licenses.
  (a) General rule.--No person 16 years of age or older shall fish in any of the waters of this Commonwealth or in any boundary waters ...
• § 2704.  Lost fishing licenses.
  In case a license certificate is lost or detroyed, a new license may be secured from the commission or any issuing agent upon making affidavit ...
• § 2705.  Improper license use and false application.
  (a) General rule.--No person shall alter, borrow, lend or transfer any license authorized by this title, or give any false or misleading information to an ...
• § 2706.  Complimentary licenses.
  The commission may issue annually not more than 100 fishing licenses without fee and in such form as the commission may determine. Licenses may be ...
• § 2707.  Disabled veterans and former prisoners of war.
  (a) General rule for disabled veterans.--Any disabled veteran who has a disability incurred in any war or armed conflict which consists of the loss of ...
§ 2707.1. Deployed Pennsylvania National Guard members.
§ 2707.2. Reserve component of armed forces members.

• § 2708.  Institutional licenses.
  Any resident of this Commonwealth who is a resident patient in a Commonwealth owned and supported institution for mental disability, geriatric center, tubercular hospital or ...
§ 2708.1. Farmlands open to public fishing.

• § 2709.  Exemptions from license requirements.
  (a) Licensed propagators.--No person now required by law to procure a license to propagate fish for sale shall be required, in addition, to secure a ...
• § 2710.  Form and expiration of licenses.
  All licenses shall be issued on forms prepared and supplied by the commission and paid for from the Fish Fund. The license shall show the ...
• § 2711.  Issuing agents.
  (a) Appointment and bond.--The commission may appoint such persons as it deems necessary to issue fishing licenses and permits, and the persons so appointed shall ...
• § 2712.  License requirements on boundary waters.
  (a) New York.--The provisions of this chapter do not apply to a person holding a fishing license issued under the laws of the State of ...
• § 2713.  Appropriations for licenses issued without a fee (Deleted by amendment).
  § 2713. Appropriations for licenses issued without a fee (Deleted by amendment). 1995 Amendment. Section 2713 was deleted by amendment July 6, 1995, P.L.310, No.47, ...
• § 2714.  License issuing fees.
  In order to help defray the issuing costs, the commission may collect an issuing fee not to exceed the fee charged by issuing agents under ...
• § 2715.  License, permit and issuing agent fees.
  (a) License fees.--The following fees apply to fishing licenses issued under this chapter and shall be paid into the Fish Fund: (1) Resident Annual Fishing ...

Chapter 29. Special Licenses and Permits

• § 2901.  Eel chute licenses.
  Upon application by any person to the commission for a special license to catch eel by the use and operation of eel chutes and the ...
• § 2902.  Net permits.
  The commission may issue permits to make, sell or possess nets larger than four feet square or four feet in diameter, or any other seine, ...
• § 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 ...
• § 2904.  Permits for protection and management of particular fish.
  § 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 ...
• § 2905.  Permits for scientific and educational fish collecting activities.
  § 2905. Permits for scientific and educational fish collecting activities. The executive director, with the approval of the commission, may grant permits to catch fish ...
• § 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 ...
• § 2907.  Expiration of licenses and permits.
  All licenses and permits authorized by this chapter shall expire on December 31 of the year for which they are issued. Cross References. Section 2907 ...
§ 2907.1. Tagged fish contests on boundary lakes.
§ 2907.2. Lake Erie fishing permits.
§ 2907.3. Fishing guide and charter boat permits.

• § 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 ...

Chapter 31. Regulated Fishing Lakes

• § 3101.  Licenses.
  Upon application accompanied by a license fee prescribed in this chapter, the commission shall issue an annual regulated fishing lake license to an applicant whose ...
• § 3102.  Fees.
  (a) Class A lakes.--The annual license fee for a Class A regulated fishing lake (except portable trout fishing ponds operated as regulated fishing lakes) shall ...
• § 3103.  Exemption from fishing regulations.
  Fish may be taken from a regulated fishing lake without limitation on size, season or possession limit. ...
• § 3104.  Receipts for fish caught.
  The owner or person in charge of any regulated fishing lake shall issue consecutively numbered receipts to all anglers who catch or transport fish from ...
• § 3105.  Bills of sale for fish purchased for stocking.
  Any person owning or operating a regulated fishing lake shall keep on file for inspection by the commission, or any person designated by it, all ...
• § 3106.  Classification of lakes.
  (a) Class A.--The commission may issue Class A regulated fishing lake licenses upon payment of the fee specified in section 3102 (relating to fees) to ...
• § 3107.  Transportation of fish.
  Nothing in this chapter shall be deemed to authorize any person to transport, import or introduce any species of fish, bait fish or fish bait ...
• § 3108.  Violations by owner or operator.
  Any owner or operator of a regulated fishing lake who operates the lake without a regulated fishing lake license or who knowingly makes a false ...
• § 3109.  Violations by other persons.
  No person shall fish, or trespass with intent to fish, in the waters or upon the bed or banks of any licensed regulated fishing lake ...

Chapter 33. Propagation and Sale of Fish (Repealed)
§ 3301 - § 3313 (Repealed).
Chapter 35. Dams, Bar Racks and Migration Devices

• § 3501.  Devices in dams to permit fish migration.
  (a) Erection on order of commission.--Any person now or hereafter erecting or maintaining a dam in the waters of this Commonwealth shall, immediately on a ...
• § 3502.  Operation and maintenance of devices.
  Every chute, slope, fishway, gate or other device referred to in section 3501 (relating to devices in dams to permit fish migration) shall be operated ...
• § 3503.  Closing of devices for repair or nonuse.
  Any chute, fishway or other device may be closed for repairs or when not needed with written approval of the commission. ...
• § 3504.  Civil penalty for noncompliance.
  Any person failing to comply with section 3501 (relating to devices in dams to permit fish migration) or 3502 (relating to operation and maintenance of ...
• § 3505.  Erection of devices by commission.
  If the person owning, leasing or maintaining a dam fails to erect a chute, slope, fishway, gate or other device after the lapse of three ...
• § 3506.  Drawing off or interference with dams or devices.
  (a) Drawing off or obstructing dams.--No person shall draw off dam waters inhabited by fish without first applying for written permission from the commission, nor ...
• § 3507.  Protection of fish near dams.
  (a) General rule.--The commission shall promulgate such rules and regulations as it deems necessary to protect and manage fish within one mile or such lesser ...
• § 3508.  Erection of bar racks to prevent entry of fish.
  (a) General rule.--Any person owning, leasing or maintaining a raceway, flume or inlet pipe leading to a water wheel, turbine pump or canal shall immediately ...
• § 3509.  Obstructing migration of fish.
  (a) General rule.--No person shall place any device or object in waters within this Commonwealth in a manner that obstructs the migration or passage of ...
• § 3510.  Marking of dams.
  (a) New dams.--In issuing permits for the construction or installation of new run-of-the-river dams on the waters of this Commonwealth, the department shall include a ...

PART III. BOATS AND BOATING
Chapter 51. Preliminary Provisions
Subchapter A. General Provisions

• § 5101.  Administration of part.
  The commission shall supervise, through the executive director, the administration and the enforcement of the provisions of this part, the rules and regulations promulgated thereunder ...
• § 5102.  Cooperation with other agencies.
  (a) Commonwealth agencies.-- (1) Concurrent jurisdiction.--Any power, duty or jurisdiction conferred or imposed by this part shall be deemed to be supplemental to any existing ...
• § 5103.  Boating education.
  (a) Mandatory program of boater education.--Except as otherwise provided in this section, on or after January 1, 2003, any person born on or after January ...
• § 5104.  Fees.
  (a) General rule.--The following fees apply to registrations, licenses, permits and capacity plates and certificates issued under this part and the fees collected shall be ...

Subchapter B. Rules and Regulations

• § 5121.  Promulgation.
  (a) General rule.--The commission may promulgate rules and regulations specifically authorized under this part and such other rules and regulations as it deems necessary to ...
• § 5122.  Registrations, licenses, permits, plates and statistics.
  § 5122. Registrations, licenses, permits, plates and statistics. (a) General rule.--The commission may promulgate rules and regulations relating to: (1) Permanent and temporary registration of ...
• § 5123.  General boating regulations.
  (a) General rule.--The commission may promulgate such rules and regulations as it deems appropriate to provide for the operation and navigation of boats, including the ...
• § 5124.  Particular areas of water.
  (a) General rule.--The commission may promulgate special rules and regulations for particular artificial or natural areas of water for further limiting, restricting or prohibiting the ...
§ 5124.1. Liquor or malt or brewed beverages.

• § 5125.  Chemical testing to determine amount of alcohol or controlled substance.
  § 5125. Chemical testing to determine amount of alcohol or controlled substance. (a) General rule.--Any person who operates or is in actual physical control of ...
• § 5126.  Reports by emergency room personnel.
  (a) General rule.--If, as a result of a watercraft accident, the person who operated or was in actual physical control of any watercraft involved in ...

Chapter 53. Registration and Titling of Boats
Subchapter A. Registration

• § 5301.  Registration of motorboats required.
  (a) General rule.--Except as provided in section 5302 (relating to exemptions), it is unlawful for any person to operate or navigate, or cause to be ...
• § 5302.  Exemptions.
  (a) General rule.--The following classes of boats are exempt from the registration requirements of this subchapter: (1) Foreign boats temporarily using the waters of this ...
• § 5303.  Voluntary and special registrations.
  Watercraft other than those required to register under this subchapter may be registered at the option of the owner upon payment of the fee specified ...
• § 5304.  Issuing agents.
  (a) Designation.--The commission may designate as issuing agents the county treasurer (or in counties where, by virtue of an optional plan of government or home ...
• § 5305.  Application for registration.
  (a) General rule.--Any person owning a boat and desiring to register it in this Commonwealth shall make a written application to the commission or to ...
• § 5306.  Certificate of registration.
  (a) Issuance.--Upon receipt of a signed application and upon the payment of the annual registration fee, the commission shall issue to the applicant owner a ...
• § 5307.  Dealer registration.
  (a) Application and issuance.--The commission will issue to dealers, manufacturers and jobbers special registrations that bear the additional mark "X" upon proper application and payment ...
• § 5308.  Period of registration.
  Registrations issued under this subchapter to owners and dealers shall be valid from April 1 of one year to March 31 of the succeeding year ...
• § 5309.  Change of address of registrant.
  Any holder of a certificate of registration shall notify the commission within 15 days if his address no longer conforms to the address appearing on ...
• § 5310.  Display of registration number.
  (a) General rule.--The registration number shown on the certificate of registration shall be painted on or attached to each side of the bow of the ...
• § 5311.  Tampering with identification numbers or capacity plates.
  § 5311. Tampering with identification numbers or capacity plates. (a) General rule.--No unauthorized person shall erase, deface, change, paint on, alter, remove, destroy or in ...
• § 5312.  Transfer, destruction or abandonment of boat.
  The owner of a boat registered in this Commonwealth pursuant to this subchapter or by the Federal Government shall furnish the commission notice of the ...
• § 5313.  Records open to public.
  All records relating to registration or numbering made or kept pursuant to this subchapter shall be public records. (July 2, 1996, P.L.467, No.73) 1996 Amendment. ...

Subchapter B. Certificate of Title

• § 5321.  Certificate of title required.
  (a) General rule.--Except as provided in section 5322 (relating to when certificate of title not required), every owner of a boat required to be registered ...
• § 5322.  When certificate of title not required.
  (a) General rule.--Except as otherwise provided in subsection (b), no certificate of title shall be required for: (1) A boat which is not required to ...
• § 5323.  Content and effect of certificate of title.
  (a) Identification and encumbrances.--A certificate of title shall contain such description and other evidence of identification of the boat for which it was issued as ...
• § 5324.  Refusing issuance of certificate of title.
  The commission may refuse issuance of a certificate of title when it has reasonable grounds to believe: (1) A required fee has not been paid. ...
• § 5325.  Rules and regulations.
  (a) General rule.--The commission shall, within one year of the date of enactment of this subchapter, promulgate the rules and regulations necessary to carry out ...
• § 5326.  Offenses relating to titling.
  (a) Prohibited acts.--The following acts are prohibited: (1) Operating a boat in this Commonwealth for which a certificate of title is required without having obtained ...
• § 5327.  Fees.
  The following fees shall be due: (1) The fee for issuance of a certificate of title shall be $15. (2) The fee for a duplicate ...
• § 5328.  Implementation.
  The commission shall issue certificates of title as provided for in this subchapter on and after the effective date of the regulations promulgated under the ...

Subchapter C. Boat and Marine Forfeiture

• § 5331.  Scope of subchapter.
  (a) General rule.--This subchapter covers boat and marine forfeitures. (b) Legislative intent.--It is the intent of the General Assembly that this subchapter act in concert ...
• § 5332.  Definitions.
  The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 5333.  Liens.
  A marine business shall have a lien, dependent upon possession, on a boat and any related equipment belonging to an owner for the balance due ...
• § 5334.  Notice for boats and related equipment.
  Any time 30 days after the terminal date, if a marine business chooses to have all rights, title and interest in a boat or any ...
• § 5335.  Notice for watercraft trailers.
  If a watercraft trailer dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation ...
• § 5336.  Responsibility of commission.
  (a) Notice to lienholders and other persons.--Upon receipt of the notice specified in section 5334 (relating to notice for boats and related equipment), the commission ...
• § 5337.  Publication for boats and related equipment.
  (a) General rule.--At any time after the date the marine business receives notice from the commission pursuant to section 5336 (relating to responsibility of commission), ...
• § 5338.  Publication for watercraft trailers.
  If a watercraft dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation of ...
• § 5339.  Redemption.
  (a) Notice.--Upon request of the customer, any lienholder or the owner of a boat or any related equipment, the marine business shall provide the amount ...
• § 5340.  Forfeiture.
  A boat and any related equipment that is not redeemed within 30 days of the second publication under section 5337 (relating to publication for boats ...
• § 5341.  Rights acquired by good faith purchaser.
  A purchaser in good faith of a boat or any related equipment sold by a marine business after forfeiture under this subchapter takes the boat ...
• § 5342.  Other remedies.
  The provisions of this subchapter are in addition to any and all other remedies available to a marine business. This subchapter shall not foreclose any ...
• § 5343.  Construction.
  Nothing in this subchapter shall be construed to authorize a marine business to transfer any right, title or interest in a boat or any related ...
• § 5344.  Rules and regulations.
  (a) General rule.--The commission may promulgate rules and regulations as it deems necessary to carry out the provisions of this subchapter. (b) Penalty.--Any person who ...

Chapter 55. Operation of Boats

• § 5501.  Reckless and negligent operation of watercraft.
  (a) Reckless operation.--No person shall operate a watercraft in, upon or through the waters of this Commonwealth in a reckless manner. For the purposes of ...
• § 5502.  Operating watercraft under influence of alcohol or controlled substance.
  § 5502. Operating watercraft under influence of alcohol or controlled substance. (a) General impairment.-- (1) An individual may not operate or be in actual physical ...
§ 5502.1. Homicide by watercraft while operating under influence.
§ 5502.2. Homicide by watercraft.
§ 5502.3. Aggravated assault by watercraft while operating
under influence.


• § 5503.  Accident reports.
  (a) Duty to file.--In case of a watercraft accident on the waters of this Commonwealth, the operator of each watercraft involved in the accident shall ...
• § 5504.  Liability for damage caused by operator.
  Every owner of a watercraft causing or knowingly permitting any person to operate the watercraft in, upon or through the waters of this Commonwealth, and ...

PART IV. MISCELLANEOUS PROVISIONS
Chapter 71. Atlantic States Marine Fisheries Compact

• § 7101.  Execution and form of compact.
  The Governor of this Commonwealth is authorized and directed to execute a compact on behalf of the Commonwealth of Pennsylvania with any one or more ...
• § 7102.  Members of commission from Pennsylvania.
  (a) Designation and term.--In pursuance of Article III of the compact, there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries ...
• § 7103.  Powers and duties of commission and Commonwealth agencies.
  § 7103. Powers and duties of commission and Commonwealth agencies. The commission and the commissioners thereof shall have all the powers provided for in the ...
• § 7104.  Powers granted commission supplemental to other powers.
  Any powers granted to the commission shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of ...
• § 7105.  Accounts and reports of commission.
  (a) General rule.--The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly on or ...
• § 7106.  Amendment to compact.
  (a) Execution and form of amendment.--The Governor is authorized and directed to enter into an amendment of the Atlantic States Marine Fisheries Compact with any ...

Chapter 73. Shad Fishing in Delaware River and Bay

• § 7301.  Legislative findings and declarations.
  The General Assembly finds and declares as follows: (1) Since fish at large in the waters of this Commonwealth are a natural resource, protection and ...
• § 7302.  Delaware River and Bay defined.
  For the purpose of regulating the shad fishery of the Delaware River and Bay and their tributaries: (1) The Delaware River includes all that part ...
• § 7303.  Interstate cooperation.
  The commission shall meet and confer with the pertinent officials of the states of New York, New Jersey, Pennsylvania and Delaware, constituting the Middle Atlantic ...
• § 7304.  Permitted nets and devices.
  (a) Unauthorized nets or devices prohibited.--The use of any net or device other than those set forth in subsection (b) for the catching of shad ...
• § 7305.  Season and lift period.
  (a) Season.--The taking of shad in the Delaware River and Bay and their tributaries is prohibited except between March 1 and June 10. (b) Lift ...
• § 7306.  License required for catching shad with nets.
  (a) General rule.--The commission shall, by a special shad license, permit the use in the waters of the Delaware River and Bay and their tributaries ...
• § 7307.  Limitations on issuance of license.
  (a) General rule.--Except as otherwise provided in this chapter, no license shall be issued: (1) To a person not engaged in such operations during the ...
• § 7308.  Issuance of additional licenses.
  (a) When authorized.--When the United States Fish and Wildlife Service or its successor certifies that the catch of shad in the Delaware River and Bay ...
• § 7309.  License fees.
  The commission may issue the following shad fishing licenses which shall be valid only during the shad fishing season for which issued, as provided in ...
• § 7310.  Records and reports by licensees.
  Each shad licensee shall keep a daily record of his catch on forms provided by the commission and shall provide a copy of his record ...
• § 7311.  Transfer of license.
  (a) When authorized.--A shad license to operate any nets permitted under this chapter may be transferred whenever the owner of the nets, boats, gear and ...
• § 7312.  Withdrawal of licenses issued in prior year.
  (a) General rule.--When the United States Fish and Wildlife Service or its successor certifies, on the basis of scientific evidence, that the catch of shad ...
• § 7313.  Suspension or revocation of license.
  (a) Suspension.--The commission, after due notice and hearing, may suspend for a suitable period the shad license of any person who is found by them ...
• § 7314.  Penalty.
  Any person violating the provisions of this chapter commits a summary offense of the second degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) ...

Last modified: November 22, 2007