§ 69.42. Policy.
(a) It is unlawful for a person to conduct a tagged-fish contest on Commonwealth waters unless the person has first procured a permit issued by the Commission under section 2907.1 of the code (relating to tagged fish contests on boundary lakes) and this subchapter.
(b) As required by section 2907.1 of the code, the Commission will issue permits for tagged-fish contests on boundary lakes where the other state which bounds the lake permits the contests under the procedures in this subchapter unless the Commission finds that the proposed contest threatens the fisheries resources of the Pennsylvania portion of the boundary lake where the contest is to be conducted. Before issuing a permit, the Commission staff will make two findings as follows:
(1) Whether the other state which bounds the lake permits the contests.
(2) Whether the proposed contest threatens the fisheries resources of the Commonwealth portion of the boundary lake where the contest is to be conducted.
(c) The issuance of a permit under section 2907.1 of the code and this subchapter does not constitute a Commission endorsement of the permitted tagged-fish contest nor does the issuance of a permit constitute a finding that the permitted contest is otherwise lawful or complies with other Commonwealth statutes or regulations. The sponsors of tagged-fish contests are solely responsible to ensure compliance with applicable statutes and regulations. It is unlawful for the sponsors of a tagged-fish contest permitted under section 2907.1 of the code and this subchapter to advertise, publicize or otherwise indicate that the contest is endorsed by the Commission.
(d) With the exception of the issuance of a permit as required by section 2907.1 of the code and routine law enforcement on the waters where a permitted contest is to be held, the Commission and its staff will not be involved in the administration, conduct, management or control of a tagged-fish contest. The Commission will not:
(1) Provide fish for the contests from Commission hatcheries or from cooperative nurseries recognized by the Commission.
(2) Catch, tag or mark fish for the contests.
(3) Enforce the rules of the tagged-fish contest.
(4) Receive or inspect tags or fish caught in a tagged-fish contest.
(5) Determine or assist in the determination of whether prizes should be awarded for fish caught in a tagged-fish contest.
(6) Award prizes.
(7) Perform other activities related to the administration of the contest.
(e) Except as otherwise specifically provided in this subchapter, the review and disposition of applications for tagged-fish contest permits shall follow the procedures specified in § § 51.41—51.46.
Authority The provisions of this § 69.42 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.
Source The provisions of this § 69.42 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179.
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