Subchapter I. PERMITS TO DRAW OFF
IMPOUNDED WATERS
Sec.
51.81. Permit required.
51.82. Application for permits.
51.83. Other permits required.
51.84. Review of permit applications.
51.85. Taking and disposal of fish.
51.86. Responsibility of permittee.
51.87. Refilling of impoundments.
51.88. Extension of permit.
51.89. General permits.
Authority The provisions of this Subchapter I issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 3506, unless otherwise noted.
§ 51.81. Permit required.
A permit from the Commission is required under section 3506 of the code (relating to drawing off or interference with dams or devices) for the following activities:
(1) Drawing down impounded waters inhabited by fish.
(2) Destruction, removal, breach or disturbance of a dam, deflector, retard or similar device in waters inhabited by fish.
Source The provisions of this § 51.81 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.82. Application for permits.
(a) An application for a permit to draw down impounded waters is available from the Fish and Boat Commission, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823.
(b) A completed permit application shall be submitted to the address set forth in subsection (a) no later than 30 days prior to proposed commencement of draw down operations.
Authority The provisions of this § 51.82 amended under the Fish and Boat Code, 30 Pa.C.S.; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 51.82 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial page (301461).
§ 51.83. Other permits required.
The issuance of a draw down permit under section 3506 of the code (relating to drawing off or interference with dams or devices) does not constitute a waiver of the requirement for applicants to obtain other State, local or Federal permits for the proposed activity.
Source The provisions of this § 51.83 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.84. Review of permit applications.
A permit application will be reviewed by the Commission’s Division of Environmental Services and by the Department of Environmental Protection, Bureau of Dams and Waterways Management. The Division of Environmental Services will issue permits for the Commission.
Authority The provisions of this § 51.84 amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.
Source The provisions of this § 51.84 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5704. Immediately preceding text appears at serial page (216399).
§ 51.85. Taking and disposal of fish.
(a) A permit issued under the authority of section 3506 of the code (relating to drawing off or interference with dams or devices) authorizes the permittee to take, catch, kill or possess fish taken from the drawn down waters regardless of seasons, sizes and creel limits or manner of taking.
(b) Disposal of fish and aquatic life shall be done in conformance with applicable State and local laws and regulations.
(c) It is unlawful to stock fish salvaged as a result of draw down operations in waters without the permission of the owners of the waters. It is unlawful to stock fish salvaged as a result of draw down operations in any waters of this Commonwealth designated by the Commission as inappropriate for stocking of salvaged fish.
Source The provisions of this § 51.85 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.86. Responsibility of permittee.
A permittee is solely responsible for the consequences of drawing down the impounded waters. A permittee is responsible to ensure compliance with laws and regulations governing downstream flooding. A permittee is responsible for acquiring property rights, flowage easements or other interests required to accomplish the draw down. A permittee is responsible to allow a minimum flow of water determined by the Commission to be sufficient at all times to flow in a natural stream on which the impoundment is located to provide for the protection and conservation of fish downstream from the site.
Source The provisions of this § 51.86 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.87. Refilling of impoundments.
Except when the purpose of the permitted draw down is to remove or eliminate the impoundment, the permittee shall refill the impoundment when the permit expires or the work is completed, whichever occurs first. In refilling the impoundment, the permittee is responsible to allow a minimum flow of water determined by the Commission to be sufficient at all times to flow in a natural stream on which the impoundment is located to provide for the protection and conservation of fish downstream from the site.
Source The provisions of this § 51.87 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.88. Extension of permit.
An application to extend the permit expiration date shall be received by the issuing office no later than 30 days prior to the expiration date of the permit.
Source The provisions of this § 51.88 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422.
§ 51.89. General permits.
(a) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist:
(1) The water area to be drawn down is 1 acre or less.
(2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.
(b) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for the Commission and cooperative nurseries recognized by the Commission to draw down impounded waters without applying for an individual permit when the waters to be drawn down are located on hatchery property and the draw down is in connection with hatchery operations. The general permit authorized by this subsection does not waive a requirement for a permittee to apply for and obtain other necessary permits.
Authority The provisions of this § 51.89 amended under the Fish and Boat Code (30 Pa.C.S. § 2102).
Source The provisions of this § 51.89 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial page (270097).
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