58 Pa. Code § 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.
Notes
The provisions of this § 69.42 issued under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2904.
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