[36 Pa.B. 2708]
[Saturday, June 3, 2006]

[Continued from previous Web Page]

Annex A
TITLE 58.  RECREATION
PART II.  FISH AND BOAT COMMISSION
Subpart B.  FISHING
CHAPTER 61.  SEASONS, SIZES AND CREEL LIMITS

§ 61.1.  Commonwealth inland waters.

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   (d)  Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon)	Regular Season: 8 a.m. first Saturday after April 11[,] to midnight Labor Day	7 inches	5[--Streams, lakes and ponds] (combined species) except areas with special regulations
	Extended Season:   [Streams listed as approved] Approved trout waters and all waters downstream of [streams listed as] approved trout waters [plus lakes and ponds]   [January 1--last day of February and] 12:01 a.m. day after Labor Day to midnight[,] last day of February of the following year.	7 inches	3 (combined species) except areas with special regulations
*      *      *      *      *
BASS--Largemouth and Smallmouth and Spotted
Lakes:	January 1 to midnight the day before [opening day of trout season in April] first Saturday after April 11 and November 1 to midnight December 31**	15 inches	4 (combined species from all habitats)
	12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST--Catch and immediate release only (No Tournaments Permitted)
	12:01 a.m. the first Saturday after June 11 to midnight October 31	12 inches	6 (combined species)
BASS--Largemouth and Smallmouth and Spotted
Rivers and Streams*:	January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 31**	15 inches	4 (combined species)
	12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST--Catch and immediate release only (No Tournaments Permitted)
	12:01 a.m. the first Saturday after June 11 to midnight September 30	12 inches	6 (combined species)
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   ** Note:  [Approved trout waters are closed to fishing from March 1 to opening day of regular trout season in April unless included in the Early Season Trout Stocked Waters Program. See § 65.10 (relating to Early Season Trout Stocked Waters Program).] Approved trout waters are closed to all fishing from March 1 to the first Saturday after April 11 unless included in the Early Season Trout Stocked Waters Program (see § 65.10 (relating to Early Season Trout Stocked Waters Program)) or in the Regional Opening Day of Trout Season Program (see § 65.12 (relating to Regional Opening Day of Trout Season Program)). Waters included in the Early Season Trout Stocked Waters Program are closed to all fishing from April 1 to the first Saturday after April 11. Waters included in the Regional Opening Day of Trout Season Program are closed to all fishing from March 1 to the first Saturday after March 28.

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§ 61.2.  Delaware River and River Estuary.

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   (d)  The following seasons, sizes and creel limits apply to the Delaware River and to Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
BASS    Largemouth    Smallmouth	North of I-84: Open year-round	12 inches	5 (combined species)
	South of I-84: January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 31	12 inches	5 (combined species)
	12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST--Catch and immediate release only
	12:01 a.m. the first Saturday after June 11 to midnight September 30	12 inches	5 (combined species)
*      *      *      *      *

   * A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 1 to midnight[,] on the Friday before the [opening day of trout season] first Saturday after April 11. See § 65.24.

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CHAPTER 63.  GENERAL FISHING REGULATIONS

§ 63.3.  Fishing in approved trout waters.

   It is unlawful to fish in approved trout waters regulated under § 61.1 (relating to Commonwealth inland waters) from 12:01 a.m. on March 1 to 8 a.m. on [the opening day of trout season in April] the first Saturday after April 11 and in approved trout waters regulated under § 65.12 (relating to Regional Opening Day of Trout Season Program) from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after March 28. As used in this subpart, the term ''approved trout waters'' means designated waters that contain significant portions that are open to public fishing and are stocked with trout. A listing of approved trout waters is published in the Commission's ''Summary of Fishing Regulations and Laws,'' which is available from the Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of approved trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.

§ 63.20.  Permits for the protection and management of trout and salmon.

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   (e)  Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:

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   (2)  The person fishes in streams or rivers that are approved trout waters as defined in § 63.3 (relating to fishing in approved trout waters) or their tributaries during the period from [8 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday in May] 12:01 a.m. on March 1 until midnight May 31.

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CHAPTER 65.  SPECIAL FISHING REGULATIONS

§ 65.4a.  All-tackle trophy trout.

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   (b)  It is unlawful to fish in designated and posted all-tackle trophy trout areas except in compliance with the following requirements:

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   (3)  The daily creel limit is two trout-combined species from 8 a.m. on the [opening day of trout season in April] first Saturday after April 11 until midnight Labor Day, except during the period from the day after Labor Day to the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.

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§ 65.7.  Trophy Trout Program.

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   (b)  It is unlawful to fish in designated and posted trophy trout areas except in compliance with the following requirements:

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   (5)  The daily creel limit is two trout--combined species--except during the period from the day after Labor Day to 8 a.m. of the [opening day of regular trout season] first Saturday after April 11 of the following year, when no trout may be killed or had in possession on the waters under regulation.

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§ 65.9.  Big bass special regulations.

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   (b)  It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ''Big Bass Regulation'' waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken.

Seasons	Size (in)	Creel Limit
Lakes: January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and 12:01 a.m. the first Saturday after June 11 to midnight December 31	15	4 (combined species)
12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST--Catch and immediate release only (No Tournaments Permitted)
Rivers and Streams: January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 31	18	2 (combined species)
12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST--Catch and immediate release only (No Tournaments Permitted)
12:01 a.m. the first Saturday after June 11 to midnight September 30	15	4 (combined species)

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§ 65.12.  Regional Opening Day of Trout Season Program.

   (a)  The Executive Director, with the approval of the Commission, may designate waters in certain regions as part of the Regional Opening Day of Trout Season Program. The designation of waters as part of the Regional Opening Day of Trout Season Program shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

   (b)  It is unlawful to fish in waters designated as part of the Regional Opening Day of Trout Season Program except in compliance with the following seasons, sizes and creel limits:

SEASONS	MINIMUM SIZE	DAILY LIMIT
Regular Season:  8 a.m. first Saturday after March 28 to midnight Labor Day	7 inches	5 (combined species)
Extended Season:   Approved trout waters and all waters downstream of approved trout waters   12:01 a.m. day after Labor Day to midnight last day of February of the following year.	7 inches	3 (combined species)

   (c)  It is unlawful to take, catch, kill or possess trout except during the seasons specified in this section. It is not a violation of this section if a trout caught out of season from waters where fishing for other species is otherwise lawful is immediately returned unharmed to the waters from which it was taken.

   (d)  It is unlawful to take, catch, kill or possess trout of less than the minimum size specified in this section. It is not a violation of this section if an undersized trout taken from waters where fishing is otherwise lawful is immediately returned unharmed to the waters from which it was taken.

   (e)  It is unlawful to take, catch or kill more than 1 day's limit of any species of trout as specified in this section during 1 calendar day. It is unlawful to possess more than 1 day's limit of any species of trout as specified in this section except under the following circumstances:

   (1)  A person may possess any number of lawfully caught trout at the person's residence.

   (2)  A person who is engaged in a fishing trip away from home for 2 or more consecutive calendar days may possess, while transporting trout from the place where caught to his residence, a number of trout equal to no more than two times the daily creel limit for trout. In prosecutions for violations of this section, it shall be a rebuttable presumption that a person transporting trout from a fishing site caught all of the trout during 1 calendar day.

   (3)  A trout will not be considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.

   (4)  Any trout caught that is not to be counted in the creel limit shall be immediately released unharmed to the waters from which taken. Except as otherwise provided in §§ 53.24 or 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies), a trout placed on a stringer or confined by any type of container, structure or device or not returned immediately to the water will be considered as part of the daily creel or possession limits. Trout returned to the water shall be handled carefully and be returned unharmed to the waters from which taken.

   (5)  Trout may be given to another person, but the trout shall be counted in the donor's creel limit and neither donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

§ 65.24.  Miscellaneous special regulations.

   The following waters are subject to the following miscellaneous special regulations:

County	Name of Water	Special Regulations
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Crawford and Erie	Conneaut Creek E. Branch Conneaut Creek M. Branch Conneaut Creek W. Branch Conneaut Creek Mud Run Stone Run	Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.   Minimum size limit: 15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
Crawford	Crazy Run	Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.   Minimum size limit: 15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
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Erie	E. Branch Conneaut Creek Marsh Run Temple Run Turkey Creek	Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.   Minimum size limit: 15 inches. Daily creel limit: 3 (combined species). Lake Erie fishing permit is not required.
Huntingdon	Raystown Lake (includes Raystown Branch from the Raystown Dam downstream to the confluence with the Juniata River).	Trout (all species)--no closed season. [Creel limits: Regular inland season--5. Day after Labor Day to opening day of next regular inland season--3 (combined species)] Daily limit: First Saturday after April 11 until Labor Day--5 trout per day; day after Labor Day to first Saturday after April 11 of the following year--3 trout per day. Size limits: Inland rules apply. Smelt may be taken from shore or by wading by means of dip nets not to exceed 20 inches in diameter or 20 inches square. The daily limit per person is the greater of 1 gallon of smelt by volume or 200 smelt by number.
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Luzerne	Harveys Lake	During the period from the [opening day of trout season] the first Saturday after April 11 through midnight March 31, the daily creel limit for trout (combined species) is 3, only one of which may exceed 18 inches in length. Fishing is prohibited from April 1 through 8 a.m. of the [opening day of regular trout season] first Saturday after April 11.   Warmwater/coolwater species, except as provided in this section-Inland regulations apply.
Mercer	Shenango River from the dam downstream to SR 3025, a distance of 1.5 miles	Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit--[Opening day of trout season in April] First Saturday after April 11 until Labor Day: [five] 5 trout per day; day after Labor Day to midnight, March 31 of the following year--[three] 3 trout per day. Inland regulations apply to warmwater/coolwater species.
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Somerset, Fayette, Westmoreland and Allegheny	Youghiogheny River from confluence with Casselman River downstream to the confluence with Ramcat Run Youghiogheny River from the pipeline crossing at the confluence with Lick Run downstream to the mouth of the river.	[No closed season on trout. Daily limit opening day of trout season to Labor Day--5 trout; day after Labor Day to succeeding opening day of trout season--3 trout per day] Trout (all species)--no closed season. Daily limit: First Saturday after April 11 until Labor Day--5 trout per day; day after Labor Day to first Saturday after April 11 of the following year--3 trout per day. Inland regulations apply to warmwater/coolwater species.
	Youghiogheny River from Reservoir downstream to confluence with Casselman River.	Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit--[Opening day of trout season in April] First Saturday after April 11 until Labor Day--[five] 5 trout per day; day after Labor day to midnight, March 31 of following year: [three] 3 trout per day. Inland regulations apply to warmwater/coolwater species.
Warren	Allegheny River--8.75 miles downstream from the outflow of the Allegheny Reservoir to the confluence with Conewago Creek	Trout--minimum size limit--14 inches; daily creel limit--2 trout per day (combined species) from 8 a.m. on the [opening day of regular trout season] first Saturday after April 11 through midnight Labor Day, except during the period from the day after Labor Day to the [opening day of regular trout season] first Saturday after April 11 of the following year, when no trout may be killed or had in possession. Other inland seasons, sizes and creel limits apply.
Washington	Little Chartiers Creek from Canonsburg Lake Dam approximately 1/2 mile downstream to mouth of Chartiers Creek	Fishing is prohibited from 12:01 a.m. March 1 to 8 a.m. [opening day of trout season] first Saturday after April 11.
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Wayne	West Branch Delaware River	Trout:  From the Pennsylvania/New York border downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October 16 until midnight of the Friday before [opening day of trout season] first Saturday after April 11. During the no-harvest artificial lures only season:   1.  Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood, or flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.   2.  The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.   3.  The daily creel limit for trout is 0.

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§ 65.26.  Extended trout seasons.

   (a)  General rule. The extended trout season is in effect from the day after Labor Day until the last day of February of the following year on approved trout waters and all waters downstream [areas, plus lake and ponds] of approved trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches applies during this season.

CHAPTER 69.  FISHING IN LAKE ERIE AND BOUNDARY LAKES

§ 69.12.  Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries.

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   (d)  It is unlawful to fish in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the [opening day of trout season] first Saturday after April 11 until 8 a.m. on the [opening day of trout season in April] first Saturday after April 11.

   (e)  It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the [opening day of trout season] first Saturday after April 11 until 8 a.m. on the [opening day of trout season in April] first Saturday after April 11.

   (f)  Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
BASS    Largemouth    Smallmouth	January 1 to [opening day of trout season in April] first Saturday after April 11 and first Saturday after June 11 until December 31	15 inches	4 (combined species)
	[Opening day of trout season in April] First Saturday after April 11 until first Saturday after June 11.*	20 inches	1
*      *      *      *      *

   * It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to seasons for fishing tournaments)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from [opening day of trout season in April] the first Saturday after April 11 until the first Saturday after June 11.

§ 69.12a.  Special regulations applicable to Lake Erie tributary streams.

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   (c)  From 12:01 a.m. on the day after Labor Day, until the [opening day of trout season in April] first Saturday after April 11 of the following year, all Lake Erie tributary streams are closed to fishing from 10 p.m. until 5 a.m. on the following day except for Walnut Creek and Elk Creek north of Route 5.

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[Pa.B. Doc. No. 06-980. Filed for public inspection June 2, 2006, 9:00 a.m.]

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