CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS Sec.
61.1. Commonwealth inland waters.
61.2. Delaware River, West Branch Delaware River and River Estuary.
61.3. Pymatuning Reservoir.
61.4. Conowingo Reservoir.
61.7. Susquehanna River and tributaries.
61.8. Lehigh River, Schuylkill River and tributaries.Source The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46, unless otherwise noted. Immediately preceding text appears at serial pages (68807), (73335) to (73336) and (80322).
§ 61.1. Commonwealth inland waters.
(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 of 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) Any 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 tournaments 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 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.
(d) Except as otherwise provided in this subpart, the following seasons, sizes and daily limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:
MINIMUM DAILY SPECIES SEASONS SIZE LIMIT ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon) Regular Season: 8 a.m. first Saturday in April to midnight Labor Day 7 inches 5 (combined species) except areas with special regulations Extended Season: Stocked trout waters 12:01 a.m. day after Labor Day to midnight the third Monday in February of the following year. 7 inches 3 (combined species), except Class A wild trout streams, where the daily limit is 0, and areas with special regulations (see Chapter 65 (relating to special fishing regulations)) AMERICAN EEL Open year-round 9 inches 25 BASS—Largemouth and Smallmouth and Spotted January 1 to midnight the day before the second Saturday in April and October 1 to midnight December 31* 15 inches 4 (combined species) 12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June NO HARVEST—Catch and immediate release only (No Tournaments Permitted) 12:01 a.m. the second Saturday in June to midnight September 30 12 inches 6 (combined species) MUSKELLUNGE and MUSKELLUNGE HYBRIDS Open year-round 40 inches 1 PICKEREL 18 inches 4 NORTHERN PIKE 24 inches 2 WALLEYE and hybrids (Saugeye) January 1—March 14; and 12:01 a.m. first Saturday in May to midnight, December 31 15 inches 6 SAUGER 12 inches 6 AMERICAN SHAD** Open year-round No minimum 3 HICKORY SHAD** Closed year-round No minimum 0 GIZZARD SHAD Open year-round No minimum 50 RIVER HERRING (alewife and blueback herring)** Open year-round No minimum 50 STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDS Open year-round 20 inches 2 (combined species) SUNFISH, YELLOW PERCH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS, CARP, WHITE BASS AND OTHER GAMEFISH NOT OTHERWISE LISTED Open year-round No minimum 50 (combined species) BAIT FISH FISH BAIT except American eel, mud bugs, mussels/clams and crayfish Open year-round No minimum 50 (combined species) MUD BUGS (dragonfly nymphs) Open year-round No minimum Unlimited if taken from lakes, ponds, swamps and adjacent areas; 50 per day if taken from moving waters (rivers and streams) MUSSELS/CLAMS Closed year-round 0 PADDLEFISH Closed year-round — 0 CRAYFISH (ALL SPECIES) Open year-round 50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken. * Note: Stocked trout waters are closed to all fishing from the third Monday in February to the second Saturday in April.
** Note: Unlawful to take, catch or kill American shad, hickory shad and river herring (alewife and blueback herring) in Susquehanna River and its tributaries. See § 61.4 and 61.7 (relating to Conowingo Reservoir; and Susquehanna River and tributaries).
Authority The provisions of this § 61.1 issued under the Fish and Boat Code, 30 Pa.C.S. § § 741, 928 and 2102; amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 61.1 amended July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended August 27, 1999, effective January 1, 2000, 29 Pa.B. 4561; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 29, 2006, effective January 1, 2007, 36 Pa.B. 5976; amended July 2, 2010, effective July 3, 2010, 40 Pa.B. 3663; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 19, 2014, effective January 1, 2015, 44 Pa.B. 5969; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691 and 7697. Immediately preceding text appears at serial pages (378373) to (378376) and (404083).
Cross References This section cited in 58 Pa. Code § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary); 58 Pa. Code § 61.7 (relating to Susquehanna River and tributaries); 58 Pa. Code § 61.8 (relating to Lehigh River, Schuylkill River and tributaries); 58 Pa. Code § 63.3 (relating to fishing in stocked trout waters); 58 Pa. Code § 63.48 (relating to permit for the use of cast nets or throw nets); 58 Pa. Code § 65.24 (relating to miscellaneous special regulations); and 58 Pa. Code § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters).
§ 61.2. Delaware River, West Branch Delaware River and River Estuary.
(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 or greater than the maximum size specified in this section. It is not a violation of this section if an undersized or oversized 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 of 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 it was 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 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 shall 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.
(d) It is unlawful to fish with bait for any species of fish in the tidal Delaware Estuary, including tributaries from the mouths of the tributaries upstream to the limit of tidal influence using any hook type other than non-offset (in-line) circle hooks. The definition of a non-offset (in-line) circle hook is a non-offset hook where the point is pointed perpendicularly back towards the shank. The term ‘‘non-offset’’ means the point and the barb are in the same plane as the shank.
(d.1) It is unlawful for any person to gaff or attempt to gaff any striped bass at any time when fishing.
(e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and 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:
MINIMUM SPECIES SEASONS SIZE DAILY LIMIT TROUT 8 a.m., the opening day of the regular season for trout to midnight, October 15 North of I-84: 14 inches North of I-84: 1 (combined species) South of I-84: no minimum South of I-84: 5 (combined species) West Branch Delaware River:* 12 inches West Branch Delaware River:* 2 (combined species) AMERICAN EEL Open year-round 9 inches 25 BASS Largemouth Smallmouth January 1 to midnight the day before the second Saturday in April and 12:01 a.m. the second Saturday in June to midnight December 31 12 inches 5 (combined species) 12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June NO HARVEST—Catch and immediate release only MUSKELLUNGE and MUSKELLUNGE HYBRIDS Open year-round 40 inches 1 PICKEREL 12 inches 5 WALLEYE Open year-round on the portion of the Delaware River between New Jersey and Pennsylvania; January 1 until midnight, March 14 and 12:01 a.m. first Saturday in May until midnight December 31, on the portion of the Delaware River between New York and Pennsylvania. 18 inches 3 AMERICAN SHAD Open year-round No minimum 2 HICKORY SHAD Closed year-round 0 RIVER HERRING (alewife and blueback herring) Closed year-round 0 STRIPED BASS and HYBRID STRIPED BASS From Pennsylvania line upstream to Calhoun Street Bridge: January 1 until March 31 and June 1 until December 31. 28 to less than 35 inches 1 April 1 through May 31 21 to less than 24 inches 2 From Calhoun Street Bridge upstream: open year-round 28 to less than 35 inches 1 STURGEON No open season: Endangered Species BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfish Open year-round No minimum 50 (combined species) MUSSELS/CLAMS Closed year-round 0 BLUE CRAB** Open year-round Hard shell: 4 inches measured point to point. Soft shell: 3.5 inches measured point to point 1 bushel (combined species) PIKE Northern Open year-round 24 inches 2 OTHER SPECIES Inland seasons, size and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). CRAYFISH (ALL SPECIES) Open year-round 50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken. * A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 16 to midnight on the Friday before the opening day of the regular season for trout.
See § 65.24 (relating to miscellaneous special regulations).
Authority The provisions of this § 61.2 issued under 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124; amended under 30 Pa.C.S. § 2102; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 61.2 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended February 12, 1999, effective February 13, 1999, 29 Pa.B. 819; amended June 15, 2001, effective, January 1, 2002, 31 Pa.B. 3205; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1229; amended November 21, 2003, effective January 4, 2004, 33 Pa.B. 5705; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended August 31, 2007, effective January 1, 2008; amended March 6, 2009, effective April 1, 2009, 39 Pa.B. 1201; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 254; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7084; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6678; amended January 22, 2021, effective January 23, 2021, 51 Pa.B. 428; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691 and 7697; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5946; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7382. Immediately preceding text appears at serial pages (411337) to (411340).
§ 61.3. Pymatuning Reservoir.
(a) It is unlawful to take, catch, kill or possess a fish of less than the minimum size specified in this section. However, it may not be 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.
(b) 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 vio-lation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all of 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 tournaments 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 shall be counted in the donor’s creel limit and neither donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.
(c) Except as provided by special regulations, the following sizes and creel limits apply to Pymatuning Reservoir:
MINIMUM SPECIES SEASONS SIZE DAILY LIMIT WALLEYE Open year-round 15 inches 6 BASS Open year-round 12 inches 5 MUSKELLUNGE AND MUSKELLUNGE HYBRIDS Open year-round 30 inches 2 OTHERS (including Bait Fish and Fish Bait) Open year-round None None TURTLES (each species other than snapping turtles) Open year-round None 2 MUSSELS/CLAMS Closed year-round 0 CRAYFISH (ALL SPECIES) Open year-round 50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken. Frogs and tadpoles may be taken only from July 1 to October 31, both dates inclusive. Lights or firearms may not be used to take frogs. Not over 15 tadpoles or frogs may be taken or possessed. Possession limit for each turtle species (other than snapping turtle) is two.* Hooks used to take turtles shall be at least 3 1/2 inches long with at least 1 inch space between point and shank. No closed season on turtles other than snapping turtles. *Snapping turtles—Statewide regulations apply.
Authority The provisions of this § 61.3 issued under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; section 10 of the Sunshine Act (65 P. S. § 280); and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
Source The provisions of this § 61.3 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1825; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3205; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177. Immediately preceding text appears at serial pages (369387) to (369388) and (358691).
§ 61.4. Conowingo Reservoir.
(a) It is unlawful to take, catch, kill or possess fish, except during the seasons specified in this section. However, 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. However, 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 of 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 shall be counted in the donor’s creel limit and neither donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.
(d) The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:
MINIMUM DAILY SPECIES SEASONS SIZE LIMIT All Species of Trout and Salmon Open year-round No minimum 2 (combined species) BASS Largemouth Smallmouth January 1 until midnight last day of February and 12:01 a.m., June 16 until December 31 12 inches 5 (combined species) PIKE Northern Open year-round 30 inches 2 (combined species) WALLEYE Open year-round 15 inches 5 MUSKELLUNGE and MUSKELLUNGE HYBRIDS Open year-round 36 inches 1 PICKEREL Open year-round 14 inches 5 STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDS Open year-round 18 inches 2 (combined species), only one of which may exceed 30 inches in length AMERICAN and HICKORY SHAD Closed (No open season) Closed 0 RIVER HERRING (alewife and blueback herring) Closed (no open season) Closed 0 SUNFISH (BLUE GILL and ROCK BASS) Open year-round No minimum 15 (combined species) CRAPPIES Open year-round No minimum 15 CARP Open year-round No minimum 15 CHANNEL CATFISH Open year-round No minimum 5 SUCKERS Open year-round No minimum 30 AMERICAN EEL Open year-round 9 inches 25 YELLOW PERCH Open year-round No minimum No daily limit BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfish Open year-round No minimum 35 ALL OTHER FISH SPECIES Open year-round No mimimum No daily limit BIVALVES/SHELLFISH (Mussels/Clams) Closed (no open season) Closed 0 CRAYFISH (ALL SPECIES) Open year-round 50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.
Authority The provisions of this § 61.4 amended under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124.
Source The provisions of this § 61.4 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended August 31, 2007, effective January 1, 2008, 37 Pa.B. 4752; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336. Immediately preceding text appears at serial pages (372599) to (372601).
Cross References This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); and 58 Pa. Code § 61.7 (relating to Susquehanna River and tributaries).
§ 61.7. Susquehanna River and tributaries.
(a) It is unlawful to take, catch, kill or possess fish except during the seasons specified in this section. However, 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 a fish of less than the minimum size specified in this section. However, 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 of 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 tournaments 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 shall 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.
(d) The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ‘‘North Branch’’ and other tributaries within the Susquehanna River Basin except the Conowingo Reservoir—see § 61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT AMERICAN and HICKORY SHAD and RIVER HERRING (alewife and blueback herring) Closed (no open season) Closed 0 BASS Largemouth Smallmouth Spotted Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir, see § 61.4 (relating to Conowingo Reservoir). OTHER SPECIES Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir see § 61.4 (relating to Conowingo Reservoir).
Authority The provisions of this § 61.7 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.
Source The provisions of this § 61.7 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6225; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372951) to (372952) and (372603).
Cross References This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters).
§ 61.8. Lehigh River, Schuylkill River and 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 a 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 a species of fish as specified in the chart in subsection (d) during 1 calendar day. It is unlawful to possess more than 1 day’s limit of a species of fish as specified in the chart in subsection (d) except under the following circumstances:
(1) A person may possess any number of lawfully caught fish at his 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 the fish during 1 calendar day. A fish is not considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.
(d) The following seasons, sizes and creel limits apply to the Lehigh River upstream of the first dam in Easton, Pennsylvania and its tributaries and the Schuylkill River upstream of the I-95 Bridge and its tributaries:
MINIMUM DAILY SPECIES SEASONS SIZE LIMIT AMERICAN SHAD Open year-round No Minimum Catch and Release Only RIVER HERRING (alewife and blueback herring) Closed (no open season) Closed 0 OTHER SPECIES Inland seasons, size and creel limits apply except for waters under special regulations (see Chapter 65 (relating to special fishing regulations)). See § 61.1 (relating to Commonwealth inland waters).
Authority The provisions of this § 61.8 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.
Source The provisions of this § 61.8 adopted March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended January 8, 2010, effective Janaury 9, 2010, 40 Pa.B. 254; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended October 5, 2012, effective January 1, 2013, 42 Pa.B. 6289; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372603) to (372604).
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