(a) It is unlawful to take, catch, kill or
possess fish, except during the seasons specified in this section. It is not a
violation of this section if a fish caught out of season from water where
fishing for other species is lawful is immediately returned unharmed to the
waters from which it was taken.
(b)
It is unlawful to take, catch, kill or possess fish of less than the minimum
size specified in this section. It is not a violation of this section if an
undersized fish taken from waters where fishing is otherwise lawful is
immediately returned unharmed to the waters from which it was taken.
(c) It is unlawful to take, catch or kill
more than 1 day's limit of any species of fish as specified in the following
chart during 1-calendar day. It is unlawful to possess more than 1 day's limit
of any species of fish as specified in the following chart except under the
following circumstances:
(1) A person may
possess any number of lawfully caught fish at the person's residence.
(2) A person who is engaged in a fishing trip
away from home for 2 or more consecutive calendar days may, while transporting
fish from the place where caught to his residence, possess a number of fish
equal to no more than two times the daily creel limit for that species of fish.
In prosecution for violation of this section, it shall be a rebuttable
presumption that a person transporting fish from a fishing site caught all the
fish during 1-calendar day.
(3) A
fish will not be considered to be caught in violation of this section if it is
immediately returned unharmed to the waters from which it was taken.
(4) A fish caught that is not to be counted
in the creel limit shall be immediately released unharmed into the water from
which taken. A fish that is injured or is bleeding as a result of being caught
will not be considered unharmed and will be considered as part of a daily creel
or possession limits. Except as otherwise provided in §
53.24 or §
63.40 (relating to tournament and
fishing derby permits; and fishing tournament and fishing derbies), a fish
placed on a stringer, or confined by any type of container, structure or
device, or not returned immediately to the water, will be considered as part of
the daily creel or possession limits. Fish returned to the water shall be
handled carefully and be returned unharmed to the water from which
taken.
(5) Fish may be given to
another person, but the fish will be counted in the donor's creel limit and
neither the donor nor the recipient may kill or possess (while in the act of
fishing) more than the limit allowed.
(d) It is unlawful to fish in or along any
Lake Erie tributary stream from 12:01 a.m. on the Friday before the opening day
of the regular season for trout until 8 a.m. on the opening day of the regular
season for trout.
(e) It is
unlawful to possess trout or salmon in or along any Lake Erie tributary stream
from 12:01 a.m. on the Friday before the opening day of the regular season for
trout until 8 a.m. on the opening day of the regular season for
trout.
(f) Except as otherwise
provided in subsection (d) and (e) and this subpart, the following seasons,
sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque
Isle Bay, including peninsula waters:
| SPECIES |
SEASONS |
MINIMUM
SIZE
|
DAILY LIMIT |
| MUSKELLUNGE and MUSKELLUNGE HYBRIDS
|
Inland seasons apply. See §
61.1 (relating to Commonwealth
inland waters). |
40 inches |
1 |
| PIKE Northern |
Inland seasons apply. See
§
61.1 (relating to Commonwealth
inland waters). |
24 inches |
2 |
| WALLEYE |
January 1-March 14; and 12:01
a.m. first Saturday in May until midnight December 31 |
15 inches
|
Established annually by April 15** |
|
BASS
Largemouth
Smallmouth
|
January 1 to second
Saturday in April and second Saturday in June until December 31. |
15
inches |
4 (combined species) |
| Second Saturday in April until second Saturday in
June.* |
20 inches |
1 |
| BROOK and BROWN TROUT*** |
8
a.m. the opening day of the regular season for trout until midnight Labor Day.
|
9 inches |
5 (combined species) |
| 12:01 a.m. the day after Labor Day until 12:01
a.m. on the Friday before the opening day of the regular season for
trout. |
15 inches |
3 (combined species) |
| RAINBOW TROUT and SALMON*** |
8 a.m. the
opening day of the regular season for trout until 12:01 a.m. the Friday before
the opening day of the regular season for trout the following year. |
15
inches |
3 (combined species) |
| LAKE TROUT*** |
8 a.m. the opening day of
the regular season for trout until 12:01 a.m. the Friday before the opening day
of the regular season for trout the following year. |
15 inches
|
2 |
| STURGEON |
No open season |
ENDANGERED SPECIES |
| YELLOW PERCH |
From December 1 through
April 30 |
7 inches |
Established annually by April 15** |
| From May 1 through November
30 |
None |
Established annually by April 15* |
| SUNFISH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS,
EELS, CARP, WHITE BASS |
Open year-round |
None |
50
(combined species) |
| BURBOT (when taken by hook and line)
|
Open year-round |
None |
5 |
| BURBOT (when taken by scuba divers by use of
nonmechanical spears or gigs at a depth of at least 60 feet) |
June 1 to
September 30 |
None |
5 |
| SMELT (when taken by hook and line) |
Open
year-round |
None |
None |
| AMERICAN EEL |
Open year-round |
9
inches |
25 |
| BAIT FISH FISH BAIT, except American eel,
mussels/clams and crayfish |
Open year-round |
None |
50
(combined species) |
| CRAYFISH (ALL SPECIES) |
Open
year-round |
50. The head must be immediately removed behind the eyes
upon capture unless used as bait in the water from which taken. |
| MUSSELS/CLAMS |
Closed
year-round |
0 |
| ALL OTHER SPECIES |
Inland
Regulations apply. (See §
61.1.) |
* It is unlawful to conduct or participate in a fishing
tournament (as defined in §
63.40 (relating to fishing
tournaments and fishing derbies)) for bass on Lake Erie, Lake Erie tributaries
or Presque Isle Bay during the period from the second Saturday in April until
the second Saturday in June.
** See §
69.12b (relating to Lake Erie
walleye and yellow perch adaptive management for establishing daily limits).
After the Executive Director establishes the daily limit for the year, the
information will be posted on the Commission's web site and available from any
Commission office.
*** The daily limit for all species of trout and salmon
(combined) is 5 from 8 a.m. the opening day of the regular season for trout
until midnight Labor Day. The daily limit for all species of trout and salmon
(combined) is 3 per day from 12:01 a.m. the day after Labor Day until 12:01
a.m. on the Friday before the opening day of the regular season for trout.
Notes
The
provisions of this § 69.12 amended December 28, 1984, effective
12/29/1984, 14 Pa.B. 4691;
amended March 13, 1987, effective 3/14/1987, 17 Pa.B. 1084; amended February 3,
1989, effective 2/4/1989, 19
Pa.B. 405; amended December 14, 1990, effective 12/15/1990, 20 Pa.B. 6182; amended April 12,
1996, effective 4/13/1996, 26
Pa.B. 1706; amended November 22, 1996, effective 1/1/1997, 26 Pa.B. 5701; amended November 22,
1996, effective 1/1/1997, 26
Pa.B. 5711; amended April 18, 1997, effective 4/19/1997, 27 Pa.B. 1934; amended October 31,
1997, effective 11/1/1997, 27
Pa.B. 5605; amended November 7, 1997, effective 11/8/1997, 27 Pa.B. 5779; amended June 15,
2001, effective 1/1/2002, 31
Pa.B. 3205; amended September 27, 2002, effective
12/1/2002, 32 Pa.B. 4707;
amended March 7, 2003, effective 3/8/2003, 33 Pa.B. 1230; amended December 12,
2003, effective 1/1/2004, 33
Pa.B. 6061; amended November 24, 2004, effective 1/1/2005, 34 Pa.B. 6328; amended September 9,
2005, effective 1/1/2006, 35
Pa.B. 5007; amended September 9, 2005, effective 9/10/2005, 35 Pa.B. 5008; amended September 22,
2006, effective 1/1/2007, 36
Pa.B. 5872; amended April 10, 2009, effective 4/11/2009, 39 Pa.B. 1859; corrected December
11, 2009, effective 4/11/2009,
39 Pa.B. 7009; amended December 17, 2010, effective
12/18/2010, 40 Pa.B. 7233;
amended March 23, 2012, effective 3/24/2012, 42 Pa.B. 1502; amended March 21,
2014, effective 3/22/2014, 44
Pa.B. 1766; amended July 3, 2014, effective 1/1/2015, 44 Pa.B. 4177; amended August 8, 2014,
effective 8/9/2014, 44 Pa.B.
5336; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1527; amended December 10,
2021, effective 1/1/2022, 51
Pa.B. 7697 and 7704.
The provisions of this § 69.12 issued under the
Fish and Boat Code,
30 Pa.C.S. §§
305,
322,
741,
928,
2102,
2307,
2711 and
5122-5124; amended under the
Fish and Boat Code,
30 Pa.C.S. §
2102;
and section 506 of The Administrative Code of 1929 (71 P.S. §
186).
This section cited in 58 Pa. Code §
69.19 (relating to permit for the
use of cast nets, throw nets or dip nets by sport
anglers).
