58 Pa. Code § 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.
Notes
The provisions of this §65.21 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 2307 and 2709(b).
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