Subchapter E. TAGGED FISH CONTESTS
IN BOUNDARY LAKES
Sec.
69.41. Definitions.
69.42. Policy.
69.43. Applications for permits.
69.44. Review of permit applications.§ 69.41. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Boundary lake—Lake Erie, Pymatuning Reservoir, Yougiogheny Reservoir, Allegheny River (Kinzua) Reservoir and the portions of other natural lakes or impoundments that lie between this Commonwealth and another state or nation over which the Commonwealth exercises jurisdiction.
Tagged-fish contest—An event where a person who has paid a fee to enter the contest wins a prize for catching a specially tagged, marked or branded fish.
Authority The provisions of this § 69.41 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.
Source The provisions of this § 69.41 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179.
§ 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.
§ 69.43. Applications for permits.
(a) Applications for permits to conduct tagged-fish contests shall be submitted on forms approved by the Commission.
(b) The permit application shall be accompanied by an original letter, signed by the head of the agency or a designee responsible for regulating fishing and boating in the state, province or nation which bounds the boundary lake where the proposed contest is to be conducted indicating that the other state permits the proposed contest.
(c) The application shall include information on the species of fish to be marked and tagged, the number and species of fish to be released, the anticipated number of anglers and boaters who may participate in the contest, the duration of the contest, the number of fish expected to be caught by participants in the contest and a description of the applicant’s assessment of the impacts that the tagged-fish contest will have on fisheries resources of Commonwealth waters where the contest is to be conducted.
(d) To permit the Commission adequate time to review the fishery resource implications of a proposed tagged-fish contest on Commonwealth boundary lakes, the application for a proposed contest shall be received by the Commission at the address indicated in subsection (f) at least 90 days in advance of the date of the proposed contest. The 90-day time limit for filing permit applications for tagged-fish contests is an exception to § 51.42 (relating to applications).
(e) Permits issued under section 2907.1 of the code are deemed by the Commission to be permits for the protection and management of the particular species of fish targeted by the proposed tagged-fish contest. The application for a permit shall be accompanied by a permit fee of $100.
(f) Questions concerning permit applications may be referred to the Bureau of Law Enforcement at (717) 705-7861. Applications for permits are available from and shall be submitted to:
Pennsylvania Fish and Boat Commission Bureau of Law Enforcement Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000
Authority The provisions of this § 69.43 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904; amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186).
Source The provisions of this § 69.43 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179; amended July 26, 2013, effective July 27, 2013, 43 Pa.B. 4214. Immediately preceding text appears at serial pages (360751) to (360752).
§ 69.44. Review of permit applications.
(a) The Bureau of Law Enforcement will review permit applications for completeness. Incomplete applications will be returned without action to the applicant.
(b) When a permit application is deemed complete, the Bureau of Law Enforcement will publish a notice of the receipt of the application in the Pennsylvania Bulletin. The notice will provide the public with at least 15 days to offer comments, protests, interventions or objections with respect to the application for the proposed tagged-fish contest. Permit applications, together with public comments or objections, will be reviewed, at a minimum, by the Bureau of Fisheries and the Bureau of Law Enforcement. The comments and recommendations of fisheries and enforcement personnel with responsibility for the site of the proposed contest will be solicited.
(c) If the Director of the Bureau of Fisheries or a designee makes a recommended finding that the proposed contest is likely to result in substantial public interest or controversy, significant adverse impacts on fisheries resources or threats to the fisheries resources of Commonwealth waters of the boundary lake where the contest is to be conducted, the Director of the Bureau of Law Enforcement will:
(1) Notify the applicant.
(2) Publish a notice in the Pennsylvania Bulletin under § 51.43(c) (relating to staff review), which will provide at least 15 days notice of the date, time and place of a public hearing on the proposed permit and at least 15 days for the submission of written comments, protests and interventions concerning the proposed permit.
(d) After completion of the public hearing and consideration of the public comments, the Executive Director will issue or deny the permit based upon a finding of whether or not the proposed contest threatens the fisheries resources of Commonwealth waters of the boundary lake where the proposed contest is to be conducted. The applicant and a person aggrieved by the Executive Director’s action may appeal as provided in § § 51.44—51.46 (relating to appeals; procedures; and final agency action).
(e) If the Director of the Bureau of Fisheries or a designee makes a recommended finding that none of the factors listed in subsection (c) applies to the proposed contest, the Director of the Bureau of Law Enforcement will issue the permit without further proceedings.
Authority The provisions of this § 69.44 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.
Source The provisions of this § 69.44 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179.
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