§ 65.21. Waters limited to specific purposes—exclusive use fishing areas.
(a) The Executive Director, with the approval of the Commission, may designate waters as being for the exclusive use of children or special populations, or both, for the purpose of fishing. The designation is effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.
(b) As used in this section, the term ‘‘children’’ means persons 15 years of age or under. The term ‘‘special populations’’ means persons who are exempt from the fishing license requirement by section 2709(b) of the code (relating to exemptions from license requirements), persons whose visual acuity with best correcting lens is 3/60 or 10/200 or poorer in the better eye, persons whose vision is such that the widest diameter of the visual field of the better eye has contracted to such an extent that it subtends an angular distance of not greater than 20° or persons permanently deprived of the full use of a leg or both legs.
(c) It is unlawful for a person other than a child or member of special populations to fish in a designated exclusive use area.
(d) The Commission will not designate waters under this section:
(1) As being for the exclusive use of children unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting signs and assisting in enforcement; the owner of the waters agrees to the designation in writing; and the political subdivision where the area is to be located approves the designation in writing. The sponsor also shall establish that the proposed exclusive area will be used year-round by showing that fishing tournaments/derbies, stocking or special events are planned throughout the year.
(2) As being for the exclusive use of special populations unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting of signs and assisting in enforcement; the owner of the waters agrees to the designation in writing; and the political subdivision where the area is to be located approves the designation in writing. The sponsor also shall describe how the proposed exclusive use area is accessible and what accommodations have been made for use by special populations. The sponsor further must certify that the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C.A. § § 12210—12213) and the regulations promulgated thereunder are currently met and will be met in the future.
(3) As being for the exclusive use of both children and special populations unless the sponsor meets the requirements of paragraphs (1) and (2).
(e) In determining whether to designate areas for the exclusive use of children, special populations or both, the Commission will consider whether the sponsors of the proposed areas have demonstrated the ability to meet the requirements of this section and whether exclusive use areas already exist within the same geographical area as the proposed areas.
(f) If a sponsor of an exclusive use area fails to continue to meet the requirements of this section, the Commission may remove the designation of the area as being for the exclusive use of children or special populations, or both.
(g) The provisions of subsection (a) requiring advance approval of the Commission and publication of a notice of designation in the Pennsylvania Bulletin do not apply to temporary designations of exclusive use areas for children or special populations, or both. Sponsors seeking a temporary designation of an area for the exclusive use of children or special populations, or both, shall apply for a special activities permit in accordance with § 63.40 (relating to fishing tournaments and fishing derbies). Sponsors shall apply for designation of temporary exclusive use areas no later than 30 days before the proposed designation is to take effect. The Executive Director or a designee may approve the temporary designation of waters for exclusive use for no more than 60 consecutive days upon application of project sponsors. Temporary designations shall be effective upon posting of the area. Sponsors are responsible for administering and controlling the area, posting signs and assisting in enforcement.
(h) In designating an area for the exclusive use of children or special populations the Commission makes no representation that the areas are suitable for any particular purpose. The sponsors of the areas assume the responsibility for the suitability of the area.
Authority The provisions of this § 65.21 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2307 and 2709(b).
Source The provisions of this § 65.21 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1368; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 7, 2018, effective December 8, 2018, 48 Pa.B. 7530. Immediately preceding text appears at serial pages (378416) to (378418).
Cross References This section cited in 58 Pa. Code § 57.61 (relating to designation of areas for the exclusive use of children and special populations); and 58 Pa. Code § 57.62 (relating to access for special populations).
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