(a) General rule.--The commission may promulgate such general and special rules and regulations as it deems necessary and appropriate concerning fish and fishing in the waters of, and elsewhere in, this Commonwealth, including regulations concerning the protection, preservation and management of fish and fish habitat, permitting and prohibiting fishing, the ways, manner, methods and means of fishing, and the health and safety of persons who fish or may be in the vicinity of such persons on, in or along the waters of, or elsewhere in, this Commonwealth. Any person violating a rule or regulation promulgated under this subsection which the commission designates as being for the protection of fish or fish habitat or for the health and safety of persons who fish commits a summary offense of the second degree. Any person violating any other rule or regulation promulgated under this subsection commits a summary offense of the third degree.
(b) Seasons, sizes, creel limits and devices.--The rules and regulations may establish seasons, sizes, and possession limits for fish and fishing, regulate the possession of certain species, the number and types of devices and tackle allowed, the identification of such devices and the use and possession of such devices. Any person who violates a rule or regulation promulgated under this subsection commits a summary offense of the third degree.
(c) Transportation and sale of fish.--Rules and regulations may also be promulgated concerning the transportation or introduction of, or importation into or within this Commonwealth or exporting of fish, the selling, offering for sale or purchase of fish or the disturbing of fish in their natural habitat. Unless specifically provided otherwise by this title, any person violating any rule or regulation promulgated under this subsection commits a summary offense of the second degree.
(d) Traps, seines, nets and other devices.--Rules and regulations may also be promulgated stipulating the size of traps, seines, nets and other devices, along with the minimum and maximum size of the mesh of the devices, the manner and location wherein the devices may be used, the species they may be used for, and the season when the devices may be used. Any person violating any rule or regulation promulgated under this subsection commits a summary offense of the first degree.
(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)
1989 Amendment. Act 102 amended subsecs. (a) and (b).
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