58 Pa. Code § 53.24 - Tournament and fishing derby permits

(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

Fishing tournament-An organized competitive fishing event, other than a fishing derby, where ten or more individuals fish during a specified time period. An activity that involves one or more of the following factors is considered a fishing tournament:

(i) The event is sponsored or promoted by an individual or organization.

(ii) The event involves the award of trophies, prizes or other recognition for participation in the tournament.

(iii) The event is conducted during a distinct time period (usually 72 hours or less) on a particular body of water.

Fishing derby-An organized event involving 10 or more participants conducted for children under the age of 16, senior citizens (as defined in section 2701 of the code (relating to definitions)), anglers with disabilities, special populations or other group when the principal purpose is education or enjoyment, rather than competition among anglers.

(b) General. The Commission finds that fishing tournaments and fishing derbies that use Commission property constitute special uses of that property which place special demands on Commission facilities.

(c) Special activity permit for fishing tournaments.

(1) Special activity permit. It is unlawful for a person to conduct a fishing tournament on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.

(2) Content of application. An application for a special activity permit for a fishing tournament shall contain the following information:

(i) The date, time and place.

(ii) The nature of the proposed tournament.

(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(vi) Whether or not the sponsor charges an entry fee.

(3) Deadline for submission. The deadline for submission of applications for special activity permits for fishing tournaments shall be as follows:

(i) For tournaments involving 50 or more boats, the application shall be submitted between October 1 and December 1 of the year prior to the year of the proposed tournaments.

(ii) For tournaments involving 49 or less boats or fishing from shore, the application shall be submitted at least 60 days prior to the date of the proposed tournament.

(iii) The Commission may consider applications submitted after the deadlines established in this section but final action may be delayed.

(4) Review of applications.

(i) The Commission staff will review applications for special activity permits to conduct fishing tournaments on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(A) Whether the proposed tournament at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the tournament.

(B) Whether the proposed tournament at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the tournament.

(C) Whether the proposed tournament is scheduled on the opening weekend of the season for any species of game fish.

(D) Whether the proposed tournament at the proposed time and location competes with another tournament already permitted for the same time and place. In the event of competing applications, a fishing tournament where fish are intended to be released alive shall be given preference over a fishing tournament where fish are intended to be killed or taken.

(E) Whether the proposed tournament at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.

(F) Whether the sponsors of the proposed tournament have demonstrated their ability to conduct the tournament in accordance with the rules and regulations of the Commission and the conditions of the permit.

(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing tournament, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code §35.20 (relating to appeals from actions of staff).

(5) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Requirements for offsite parking when the number of vehicles involved in the proposed tournament exceeds the capacity of the parking facilities taking into account other permitted activities at the same time and place.

(ii) Limitations on the numbers of boats or participants in the tournament when the number of boats or participants involved in the proposed tournament exceeds the capacity of the facilities taking into account other permitted activities at the same time and place.

(iii) Limitations on the time or duration of the tournament when reasonably necessary and appropriate to provide for the protection of fish. The Commission may, for tournaments conducted during the months of July and August, include a condition limiting the duration of the tournament to no more than 10 hours of fishing.

(iv) Limitations on taking, catching, possessing and killing fish, including, when necessary for the protection and management of fish, requiring that the tournament be conducted as a catch-measure-and release or aerated livewell tournament.

(v) Requirements for the proper disposal of fish taken in the tournament. Tournament sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a tournament may possess fish in excess of the daily possession limit if they carry the tournament permit and can document the catch of the individual tournament participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(vi) When the applicant previously sponsored a tournament on Commission property and when, within 30 days after the prior tournament, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.

(vii) Requirements for filing of catch reports within 30 days after completion of the tournament.

(viii) Requirements for locating weigh-in stations and prize awarding events at locations that will not interfere with other public use of Commission facilities.

(ix) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.

(d) Special activity permit for fishing derbies on Commission property.

(1) It is unlawful for a person to conduct a fishing derby on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.

(2) An applicant for a special activity permit for a fishing derby shall apply at least 60 days before the date of the proposed derby and indicate the following:

(i) The date, time and place.

(ii) The nature of the proposed derby.

(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(vi) Whether or not the sponsor charges an entry fee.

(3) The Commission staff will review applications for special activity permits to conduct fishing derbies on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(i) Whether the proposed derby at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the derby.

(ii) Whether the proposed derby at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the derby.

(iii) Whether the proposed derby is scheduled on the opening weekend of the season for any species of game fish.

(iv) Whether the proposed derby at the proposed time and location competes with another derby or fishing tournament already permitted for the same time and place.

(v) Whether the proposed derby at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.

(vi) Whether the sponsors of the proposed derby have demonstrated their ability to conduct the derby in accordance with this title and the conditions of the permit.

(4) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing derby, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20.

(5) The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Requirements for offsite parking when the number of vehicles involved in the proposed derby exceeds the capacity of the parking facilities taking into account other permitted uses of the site at the same time.

(ii) Limitations on the numbers of boats or participants in the derby when the number of boats or participants involved in the proposed derby exceed the capacity of the facilities taking into account other permitted uses of the facility at the same time.

(iii) Limitations on the time or duration of the derby, if reasonably necessary and appropriate to provide for the protection of fish.

(iv) Limitations on taking, catching, possessing and killing fish.

(v) Requirements for the proper disposal of fish taken in the derby. Derby sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a derby may possess fish in excess of the daily possession limit if they carry the derby permit and can document the catch of the individual derby participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(vi) Clean-up requirements. When the applicant previously sponsored a derby on Commission property and when, within 30 days after the prior derby, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.

(vii) Requirements for locating prize awarding events at locations that will not interfere with other public use of Commission facilities.

(e) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commission owned or controlled property except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commission owned or controlled property on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to kill black bass.

(f) Joint permit. An application for a special activity permit under this section shall also constitute an application for a special activity permit for a fishing tournament under § 63.40 (relating to seasons for fishing tournaments), and a permit issued under this section shall constitute a joint permit for use of Commission property and for a fishing tournament under § 63.40.

Notes

58 Pa. Code § 53.24

The provisions of this §53.24 adopted March 13, 1987, effective 3/14/1987, 17 Pa.B. 1088; amended November 22, 1996, effective 1/1/1997, 26 Pa.B. 5701; amended September 9, 2005, effective 9/10/2005, 35 Pa.B. 5006; amended April 4, 2008, effective 4/5/2008, 38 Pa.B. 1584.

The provisions of this §53.24 issued under the Fish and Boat Code, 30 Pa.C.S. § 741; amended under the Fish and Boat Code, 30 Pa.C.S. §§ 322, 741 and 2102.

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); 58 Pa. Code § 61.3 (relating to Pymatuning Reservoir); 58 Pa. Code § 61.4 (relating to Conowingo Reservoir); 58 Pa. Code § 69.12 (relating to seasons, sizes and creel limits-Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters); and 58 Pa. Code § 69.13 (relating to seasons, sizes and creel limits-Lake Erie tributaries).