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PA Bulletin, Doc. No. 09-670

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 69 ]

Corrective Amendment to 58 Pa. Code §§ 69.11 and 69.12(a)--(c)

[39 Pa.B. 1859]
[Saturday, April 11, 2009]

   The Fish and Boat Commission has discovered a discrepancy between the agency text of 58 Pa. Code §§ 69.11 and 69.12(a)--(c) (relating to applicability of fishing regulations; and seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries), as deposited with the Legislative Reference Bureau, and the official text which currently appears in the Pennsylvania Code (Master Transmittal Sheet No. 411, February 2009). The existing text of those sections was inadvertently omitted during the preparation of Master Transmittal Sheet No. 411.

   Therefore, under 45 Pa.C.S. § 901: The Fish and Boat Commission has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code §§ 69.11 and 69.12(a)--(c). The corrective amendment to 58 Pa. Code §§ 69.11 and 69.12(a)--(c) is effective as of February 7, 2009, the date the defective text in Master Transmittal Sheet No. 411 was announced in the Pennsylvania Bulletin.

   The correct version of 58 Pa. Code §§ 69.11 and 69.12(a)--(c) appears in Annex A, with ellipses referring to the existing text of the regulations.

LAURIE E. SHEPLER,   
Chief Counsel

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 69.  FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.11.  Applicability of fishing regulations.

   Except as otherwise provided in this subchapter, this subpart applies to fish and sport fishing in Lake Erie and its tributaries.

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

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

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

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

   (1)  A person may possess any number of lawfully caught fish 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, while transporting fish from the place where caught to his residence, possess a number of fish equal to no more than two times the daily creel limit for that species of fish. In prosecution for violation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all the fish during 1-calendar day.

   (3)  A fish 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)  A fish caught that is not to be counted in the creel limit shall be immediately released unharmed into the water from which taken. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournament and fishing derbies), a fish 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. Fish returned to the water shall be handled carefully and be returned unharmed to the water from which taken.

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

   

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[Pa.B. Doc. No. 09-670. Filed for public inspection April 10, 2009, 9:00 a.m.]


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