58 Pa. Code § 63.40 - Fishing tournaments and fishing derbies
(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)
Permits. It is unlawful to conduct a fishing tournament on
Commonwealth waters without obtaining a special activity permit under this
section.
(1)
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 and watercraft.
(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.
(2)
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
after October 1 and before 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 for tournaments submitted after the deadlines
established by this section.
(3)
Review of applications.
(i) The Commission staff will review
applications for special activity permits to conduct fishing tournaments on
Commonwealth waters 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 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 this title 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).
(4)
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) 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
waters being fished taking into account other permitted activities at the same
time and place.
(ii) Limitations on
the time or duration of the tournament. When reasonably necessary and
appropriate to provide for 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.
(iii) 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.
(iv) 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.
(v) Requirements for filing of catch reports
within 30 days after completion of the tournament.
(vi) 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.
(c)
Fishing derbies.
(1)
General rule. It is
unlawful to conduct a fishing derby as defined in this section on Commonwealth
waters without first obtaining a special activity permit from the Commission,
except that this requirement does not apply to fishing derbies to be held on
privately owned lakes or ponds that are not open to the public.
(2)
Special activity permit.
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 and watercraft.
(iv) The proposed disposition of fish
caught.
(v) The species and source
of fish sought.
(3)
Review of applications.
(i)
The Commission staff will review applications for special activity permits to
conduct fishing derbies 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 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.
(B) 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.
(C)
Whether the proposed derby is scheduled on the opening weekend of the season
for any species of game fish.
(D)
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.
(E) Whether the proposed
derby at the proposed time and location may result in unsafe congestion of
watercraft on the waters of this Commonwealth.
(F) 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.
(ii) 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 (relating to appeals from
actions of staff).
(4)
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) Limitations on
the numbers of boats or participants in the derby when the number of boats or
participants involved in the proposed derby exceeds the capacity of the waters
to be fished taking into account other permitted uses of the facility at the
same time.
(ii) Limitations on the
time or duration of the derby, when reasonably necessary and appropriate to
provide for the protection of fish.
(iii) Limitations on taking, catching,
possessing and killing fish.
(iv)
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.
(d)
Prohibited acts. It is
unlawful to conduct a fishing tournament or fishing derby on Commonwealth
waters except in compliance with permit conditions. It is unlawful to conduct a
tournament or fishing derby on Commonwealth waters 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.
Notes
The provisions of this §63.40 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 322, 2102 and 2307.
This section cited in 58 Pa. Code § 53.24 (relating to tournament and fishing derby permits); 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); 58 Pa. Code § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary); 58 Pa. Code § 61.3 (relating to Pymatuning Reservoir); 58 Pa. Code § 61.4 (relating to Conowingo Reservoir); 58 Pa. Code § 65.21 (relating to waters limited to specific purposes-exclusive use fishing areas); 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).
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