act-1994-0-79•Pennsylvania Act 1994-79 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND PROHIBITING GILL NETS
Pennsylvania Act 1994-79 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND PROHIBITING GILL NETS
act-1994-0-791994 Pa. Act 79Law
Act text
FISH AND BOAT CODE (30 PA.C.S.) - AMEND PROHIBITING GILL NETS
Act of Oct. 5, 1994, P.L. 534, No. 79 Cl. 30
Session of 1994
No. 1994-79
HB 490
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, prohibiting the use of gill nets on Lake Erie.
The General Assembly of the Commonwealth of Pennsylvania
finds:
(1) The power of the Commonwealth to protect and manage
fish in Commonwealth waters is inherent in the sovereignty of
the Commonwealth.
(2) Persons who are granted commercial fishing licenses
to fish with gill nets have no property interest in these
licenses or fundamental right to continue fishing with such
gear.
(3) The Commonwealth in the exercise of its sovereign
power to protect and manage fishes in the waters of the
Commonwealth has the power and duty to discontinue issuance
of licenses for use of gill nets for commercial fishing in
boundary lakes.
(4) Elimination of commercial fishing with gill nets on
boundary lakes will provide for the better protection and
management of the fisheries of boundary lakes.
(5) Although holders of commercial fishing licenses to
use gill nets in boundary lakes have no property interest in
these licenses and no expectation that these licenses will
continue to be issued, the Commonwealth may provide
compensation to licensees to ease the transition from fishing
with gill nets.
(6) It is appropriate for those engaged in sport fishing
in Lake Erie and Presque Isle Bay to pay the cost of
providing recompense to holders of commercial fishing
licenses to use gill nets in boundary lakes by means of a
limited duration special permit.
The General Assembly of the Commonwealth of Pennsylvania
declares that the purpose of this act is to provide for the
orderly discontinuance of use of gill nets for commercial
fishing on Lake Erie and other boundary lakes of this
Commonwealth and provide compensation for holders of gill net
licenses issued under 30 Pa.C.S. § 2903.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2903(b) and (g) of Title 30 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 2903. Boat and net licenses for boundary lakes.
* * *
(b) Issuance and fees.--The commission may issue a
commercial fishing license to a person who has signed and
submitted his application and paid a fee as follows:
[(1) Boats less than 26 feet in length used in fishing
with gill nets: residents $150; nonresidents, $300.
(2) Boats 26 feet or more but less than 40 feet in
length used in fishing with gill nets: residents, $250;
nonresidents, $500.
(3) Boats 40 feet or more but less than 60 feet in
length used in fishing with gill nets: residents, $400;
nonresidents, $800.
(4) Boats 60 feet or more in length used in fishing with
gill nets: residents, $600; nonresidents, $1,200.]
(5) Boats less than 60 feet in length used in fishing
with a travel net: residents, $200; nonresidents, $400.
(6) Trap nets: residents, $80; nonresidents, $160.
(7) Seines: residents, $50; nonresidents, $100.
(8) Outlines: residents, $10; plus valid fishing
license; nonresidents, $20 plus valid fishing license.
* * *
(g) [Pound] Certain nets prohibited.--The use of pound nets
or gill nets for fishing on boundary lakes is prohibited.
(h) Gill nets.--
(1) On and after January 1, 1996, the use of gill nets
for fishing on boundary lakes shall be prohibited.
(2) The commission shall establish a gill net licensee
recompense program whereby persons holding 1992 licenses to
use gill nets on boundary lakes shall be recompensed as
provided in this paragraph. The amount of the payment to each
licensee shall be based on the average of the licensee's two
highest years of catches taken with gill nets for the years
1990, 1991 , 1992, 1993 and 1994. The payment shall be the
product of such average catch multiplied by the average value
received for such catch as reported to the commission.
Section 2. Title 30 is amended by adding a section to read:
§ 2907.2. Lake Erie fishing permits.
(a) Permit required.--On and after January 1, 1995, no
person shall fish in the Pennsylvania waters of Lake Erie,
Presque Isle Bay and their tributaries without first procuring
an annual special permit for such fishing.
(b) Fee.--The annual fee for the special permit issued in
this section shall be $3 plus a service fee of 50¢ for the
issuing agent.
(c) Exemptions.--Persons entitled to free fishing licenses
under section 2707 (relating to disabled veterans) and persons
exempt from fishing license requirements under Chapter 27
(relating to fishing licenses) are exempt from the requirements
of this section. Holders of Senior Resident Lifetime Fishing
Licenses issued under section 2701 (relating to resident fishing
licenses) shall meet the requirements of this section by
purchasing one annual special permit which shall be valid for
the licensee's lifetime.
(d) Regulations.--The commission may promulgate regulations
for the display of the special permit and manner in which it may
be affixed to the fishing license or carried with the licensee.
(e) Penalty.--Any person violating the provisions of this
section or the regulations promulgated hereunder commits a
summary offense of the third degree.
(f) Proceeds from special permit.--The proceeds from the
special permits issued under this section shall be deposited
into a restricted account within the Fish Fund, which account
shall be used for paying recompense to holders of gill net
licenses for boundary lakes as provided in section 2903(h)
(relating to gill nets) and for the costs of administering the
recompense and special permit programs.
(g) Termination of permit requirement.--The special permit
program established by this section shall terminate when the
commission determines that sufficient funds have been raised to
defray the recompense and special permit program costs, provided
that in no event shall special permits be required on or after
January 1, 2001.
(h) Accounting.--The commission shall provide an annual
accounting of the permit program to the Committee on Game and
Fisheries in the Senate and the Committee on Game and Fisheries
in the House of Representatives.
Section 3. This act shall take effect immediately.
APPROVED--The 5th day of October, A. D. 1994.
ROBERT P. CASEY
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