Title 58 Pa. Code — Recreation

Part I State Athletic Commission

Subpart A General Provisions

Chapter 1 Preliminary Provisions

58 Pa. Code § 1.1 Definitions.

(a) The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Athletic Code—5 Pa.C.S. Part I (relating to boxing and wrestling). Commission—The State Athletic Commission of the Commonwealth. Commission credentials—Documents issued by the Commission to individuals approved by the Commission granting them the authority to attend a specific event, without payment of an entry fee, on behalf of the Commission. Commissioner—A member of the Commission, as defined in section 101 of the code (relating to definitions). Communicable disease—An illness which is capable of being spread to a susceptible host through the direct or indirect transmission of an infectious agent or its toxic product by an infected person, animal or arthropod, or through the inanimate environment. Event—One or more contests, as defined in section 302 of the code (relating to definitions), conducted at the same location on the same day. Knockdown—When any part of a boxer’s body, except the feet, touch the ring canvass, at the hand of the opponent, as determined by the referee. Licensee—A person licensed by the Commission to perform duties in relation to an event. Main contest—The most important contest during an event for which the public interest is the greatest. Second—

(i) An individual licensed by the Commission to work in a professional boxer’s corner during an event, as provided in section 716 of the Athletic Code (relating to seconds).

(ii) The term also includes a trainer.

(b) The definitions in section 302 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to boxing which include this subpart and Subpart B (relating to boxing).

(c) The definitions in section 1902 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to wrestling, which include this subpart and Subpart C (relating to wrestling).

The provisions of this § 1.1 amended under 5 Pa.C.S. § 103.

The provisions of this § 1.1 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443; amended September 23, 2005, effective September 24, 2005, 35 Pa.B. 5259. Immediately preceding text appears at serial pages (312650) and (312479).

History

• Authority: The provisions of this § 1.
• Source: The provisions of this § 1.

58 Pa. Code § 1.2 Commission offices.

(a) The offices of the Commission are located as follows:

(1) 116 Pine Street, Third Floor, Harrisburg, Pennsylvania 17101.

(2) 1103 State Office Building, Broad and Spring Garden Streets, Philadelphia, Pennsylvania 19030.

(3) 805A State Office Building, 300 Liberty Avenue, Pittsburgh, Pennsylvania 15222.

(4) Scranton State Office Building, Third Floor, Scranton, Pennsylvania 18503.

(b) All forms, manuals and additional information may be obtained by contacting the Harrisburg office at the address listed in subsection (a)(1) or calling the Harrisburg office at (717) 787-5720.

The provisions of this § 1.2 amended under 5 Pa.C.S. § 103(b)(1).

The provisions of this § 1.2 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

History

• Authority: The provisions of this § 1.
• Source: The provisions of this § 1.

58 Pa. Code § 1.3 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) applies to the activities of and proceedings before the Commission.

The provisions of this § 1.3 amended under 5 Pa.C.S. § 103(b)(1).

The provisions of this § 1.3 adopted February 7, 1975, effective February 8, 1975, 5 Pa.B. 249; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (259804).

History

• Authority: The provisions of this § 1.
• Source: The provisions of this § 1.

Chapter 3 Appointed Officials

58 Pa. Code § 3.1 Executive Secretary.

(a) An Executive Director shall be appointed by the Secretary of the Commonwealth to act as the administrative officer to the Commission and have powers and duties provided in section 105 of the Athletic Code (relating to powers and duties of executive director).

(b) The Executive Director shall establish and maintain standard operating procedures for offices, ensure adherence to procedures and monitor operations of inspectors and officials.

(c) The Executive Director shall prepare, justify and administer the Commission budget.

(d) The Executive Director shall solicit items and prepare agendas for scheduled Commission meetings as well as attend the meetings, and shall also schedule and notify commissioners of the meetings.

(e) The Executive Director shall organize periodic training programs for judges, referees, inspectors and other licensees.

(f) The Executive Director shall disseminate to commissioners, inspectors and officials changes in the Commission’s policies and procedures, personnel changes and other information pertinent to current operations.

(g) The Executive Director shall supervise and direct Commission staff, direct the issuance of Commission credentials and perform other duties as directed by the Commission. The Secretary of the Commonwealth or the Executive Director may designate Commission or Department staff to act on behalf of the Executive Director at events under the jurisdiction of the Commission.

(h) The Executive Director shall have the authority to approve or prohibit each proposed matching of boxers within this Commonwealth based upon the following criteria of each boxer:

(1) Win/loss record.

(2) Current boxing activity.

(3) Overall boxing experience.

(4) General health and safety, including, but not limited to, the following statutory provisions:

(i) Sections 708 of the Athletic Code (relating to suspension and revocation for injuries).

(ii) Section 711 of the Athletic Code (relating to limitation on difference in weights).

(i) The Executive Director, a commissioner or the Commission may use a videotape of a contest to review actions taken relating to a contest.

(j) The Executive Director shall rule on circumstances arising that are not addressed by this part and are not otherwise addressed in the Athletic Code that relate to the Commission’s duties.

(k) The Executive Director will handle and decide initial complaints informally. If an individual is not satisfied with the remedy provided by the Executive Director, the individual may appeal the matter to the Commission. Appeals of decisions pertaining to a suspension of a permit or license shall be handled in accordance with sections 1301—1305 of the Athletic Code (relating to enforcement). Decisions of the Commission may be appealed in accordance with 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Chapter 35 (relating to formal proceedings).

The provisions of this § 3.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.1 adopted November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251515).

This section cited in 58 Pa. Code § 21.1 (relating to contracts).

History

• Authority: The provisions of this § 3.
• Source: The provisions of this § 3.

58 Pa. Code § 3.2 Inspectors.

(a) Inspectors shall be nominated by a commissioner or the Executive Director and approved by the Secretary. Inspectors shall be assigned by the Executive Director for the performance of duties under section 105(3) of the Athletic Code (relating to powers and duties of executive director).

(b) An inspector shall be empowered to act on behalf of the Commission only when specifically authorized by a commissioner or the Executive Director.

(c) The Executive Director will assign to each event under the Commission’s jurisdiction as many inspectors as necessary for the proper regulation of the event and may designate a chief inspector.

(d) An inspector or the chief inspector in charge of an event shall be the official representative of the Commission and shall be responsible only to the Commission or the Executive Director. It is his duty and he shall have the authority to enforce the Athletic Code; and this part. It is his duty and he shall have the authority to enforce legislative and regulatory provisions pertaining to the collection of revenues that are due the Commonwealth, as outlined in section 916 of the Athletic Code (relating to gross receipts taxes).

(e) Subject only to the direction of a commissioner or the Executive Director, an inspector will have authority over the following:

(1) All phases of the weigh-in.

(2) Entrances to the site of the event, including the following:

(i) Press and pass entrances.

(ii) Entrances for participants, officials, Commission credential holders and employees.

(3) The ring and ringside, including the following:

(i) Press accommodations.

(ii) Radio accommodations.

(iii) Television accommodations.

(4) Dressing rooms of participants and officials.

(5) The counting and accounting for tickets, passes and credentials issued to individuals to attend specified events including the following:

(i) Working press passes.

(ii) Complimentary tickets.

(iii) Tickets of participants.

(vi) Commission credentials.

(vii) Promoter passes.

(6) The collection of insurance premiums due and payable on participants, and the documenting and reporting of accidents, injuries and illness of a licensee.

(7) The collection of fees, including the following:

(i) License fees.

(ii) Other moneys due the Commonwealth.

(8) The payment of purses and other moneys due participants and fees due officials.

(9) Matters generally under the jurisdiction of the Commission.

(f) Inspectors shall file with the Commission an official report of attendance, gross receipts, net receipts, fees and other moneys collected, names and pairings of participants, names of officials and results of contests as determined by official decision after each event under the jurisdiction of the Commission.

(g) An inspector shall file a detailed written report with the recommendations deemed appropriate, in the case of a violation or alleged violation of the Athletic Code.

(h) In case of the termination of a contest under the jurisdiction of the Commission by disqualification of one or more of the participants, and in other circumstances, upon recommendation and approval of the Commission or Executive Director, the inspector shall have the authority to impound moneys due the alleged offending parties pending action on the matter by the Commission.

(i) Inspectors may not remove, replace or interfere with the duties of a ringside official unless authorized to do so by the Executive Director.

(j) Inspectors shall report for duty promptly in accordance with their assignments and remain on duty until excused by the Executive Director. Only inspectors actually assigned or credentialed by the Executive Director to a given event shall by virtue of office be admitted, without charge, to that event.

The provisions of this § 3.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.2 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251515) to (251517).

A deputy commissioner is assigned to each wrestling event by the Commission and his duties include collection of all fees. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

A license to promote wrestling may not be revoked for failure to pay the physician’s fee when there exists no published regulation setting a definite and proper amount of payment. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

History

• Authority: The provisions of this § 3.
• Source: The provisions of this § 3.

58 Pa. Code § 3.3 Physicians.

(a) A physician licensed to practice in this Commonwealth will be assigned by the Executive Director to every contest, weigh-in and exhibition. A physician so assigned in the case of professional events shall also be licensed by the Commission under sections 905(a) and 910 of the Athletic Code (relating to other licenses required; and standards for issuance of licenses and permits). In emergencies or unusual circumstances, the Commission may waive the requirement that the physician assigned be licensed under sections 905(a) and 910 of the Athletic Code. Physicians are not required to be licensed under the Athletic Code in the case of amateur events.

(b) The physician assigned to the weigh-in shall file a complete written report on each person examined upon a form prescribed by the Commission. Examinations shall be conducted in accordance with procedures prescribed by the Commission as approved by the Medical Advisory Board of the Commonwealth, which are set forth in the Medical/Safety Manual published by the Commission. Each boxer shall be so examined before the start of each event in which he is scheduled to participate, and may not participate if pronounced physically unfit by the examining physician.

(c) The physician assigned to an event shall be seated at the immediate ringside throughout the event and may not leave the ring untended while the event is in progress. An event may not commence or continue without an assigned physician in attendance. An assigned physician may not leave the premises of the event without notice to and approval of a commissioner, the Executive Director or an inspector. The physician shall remain on the premises after the event until satisfied that no further need of medical service remains.

(d) While on duty at an event, the assigned physician shall render emergency assistance inside and outside the ring to persons under the jurisdiction of the Commission and shall be especially prepared to minister to the injuries and illnesses that are to be anticipated under the circumstances of the event.

(e) The attending physician shall have full authority to determine and to pass upon the physical condition of participants and officials in the ring. For that purpose he shall have access to the ring at all times and shall be empowered to direct the referee to interrupt action pending determination of and decision upon the physical condition of a participant or official apparently in need of attention because of injury. The decision of the physician in attendance with respect to the ability of a participant or an official to continue in action shall be conclusive and shall be enforced by the referee in all cases. The attending physician shall be empowered to direct the referee to terminate action when a participant is evidently in jeopardy from exhaustion or punishment. In case of termination, there may be no resumption of action thereafter.

(f) In case of injury to a participant covered by insurance, the attending physician shall execute and file with the Commission the appropriate form of report for the injury to the insurance carrier on the form prescribed by the insurance carrier.

(g) When injury to or illness of a person occurs under the jurisdiction of the Commission, the attending physician shall have complete charge of the person while on the premises and shall be accorded the full cooperation of Commission personnel and licensees present.

(h) When a knockout or technical knockout of a boxer occurs, the attending physician shall follow up ministration in the ring, at ringside or in the dressing room and shall take measures and give instructions that may be appropriate. After the event, the attending physician shall complete a post-fight check on each boxer who competed in the event on the form prescribed by the Commission in the Medical/Safety Manual.

(i) The attending physician is empowered to inspect and pass upon first aid and safety equipment provided for the event and to inspect and pass upon equipment intended to be used by seconds in ministering to boxers.

(j) When it appears to a ringside physician that a boxer or referee is no longer safely able to continue competitive or official activity, the physician shall immediately so report to the Commission and recommend the temporary or the permanent retirement of the person if appropriate.

The provisions of this § 3.3 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.3 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251517) to (251518).

Guidelines for assigning a physician at ringside and setting the fee which a wrestling promotor must pay to the physician, and which have no promulgated schedule of fees, create potential for abuse, by failing to safeguard against the assignment of arbitrarily large fee for physician. Thus, before a license may be revoked for failure to pay a set fee, fee must be sufficiently definite. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

History

• Authority: The provisions of this § 3.
• Source: The provisions of this § 3.

58 Pa. Code § 3.4 Announcers.

(a) The Commission will license announcers of events under its jurisdiction, except that in emergencies and in the case of amateur events, competent unlicensed announcers may be used. The promoter or sponsor of the event shall assign announcers to events.

(b) Announcers shall be responsible to the Commission in the discharge of their duties and shall accept directions only from a commissioner or the Executive Director.

(c) The Commission will set fees payable to announcers assigned to serve at events. The promoters of professional events and the sponsors of amateur events shall pay the fees.

(d) An announcer assigned to an event shall remain at ringside while the event is in progress, shall maintain close liaison with a commissioner or the Executive Director during the period, and shall carefully follow the directions of a commissioner or the Executive Director at all times.

(e) Announcers shall be neatly and appropriately dressed while discharging their duties.

(f) Announcers shall display strict impartiality in word and action while serving at events under Commission jurisdiction.

(g) Announcers shall make neither special announcements nor introductions of persons other than participants and officials without first obtaining the approval of a commissioner or the Executive Director.

(h) The announcer shall announce from the ring at each event under the jurisdiction of the Commission the fact of jurisdiction, the names of the officials assigned to the event, the name and official weight before each contest of each participant and other pertinent information as directed by a commissioner or the Executive Director.

(i) Only an assigned announcer may make an announcement from the ring unless another person is specifically authorized by a commissioner or the Executive Director.

(j) The announcer shall promptly collect the official score card from the Executive Director or an inspector at the conclusion of each contest. The announcer shall announce the scoring by each official and the final decision reached. The announcer shall announce whether the decision is unanimous, a split decision or a draw at the end of contests other than the main events. In the event of a knockout or a technical knockout, the announcer shall announce the result and the time and the round of the termination of the contest.

The provisions of this § 3.4 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.4 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251519) to (251520).

History

• Authority: The provisions of this § 3.
• Source: The provisions of this § 3.

Chapter 5 Tickets, Postponements and Cancellations

58 Pa. Code § 5.1 Tickets.

(a) Tickets of admission to each event under the jurisdiction of the Commission shall be of the stub type and consecutively numbered. Tickets shall have the following information:

(1) The identity of the promoter or sponsor.

(2) The nature, date, time and place of the event.

(3) The established price of the ticket including taxes thereon.

(4) The precise seat location if the ticket entitles the holder to a reserved seat.

(5) The rain date, if any, of the event.

(b) A promoter or sponsor may not offer tickets for sale or distribution to an event under the jurisdiction of the Commission, which are not in compliance with subsection (a).

(c) Complimentary tickets shall be clearly marked complimentary. Complimentary tickets may not be sold by a promoter, sponsor or other person or agency.

(d) Distribution of tickets of employees and tickets of participants shall be limited strictly to persons in these classifications and the tickets may not be transferable by distributees.

(e) Ticket holders to events under the jurisdiction of the Commission shall surrender their tickets or the appropriate stubs, which will be collected by the agents of the promoter at the admission gates. The promoter shall make the tickets or stubs available to the Executive Director or a commissioner, and comply with section 916(d) of the Athletic Code (relating to gross receipts tax); amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251515).

The provisions of this § 5.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 5.1 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251521) to (251522).

History

• Authority: The provisions of this § 5.
• Source: The provisions of this § 5.

58 Pa. Code § 5.2 Postponements and cancellations.

(a) An event under the jurisdiction of the Commission may not be postponed or canceled after it has been approved and scheduled without written notice to and approval by the Executive Director.

(b) If a scheduled event is postponed because of unfavorable weather, it shall be rescheduled upon its designated rain date, if it has been previously set. If no rain date has been previously set, the event shall be rescheduled as soon as may be fairly and reasonably done after consultation with and approval by the Executive Director.

(c) The Executive Director may rearrange the contest in case of threatened weather to assure, if possible, the presentation of the main contest.

(d) If, because of unfavorable weather or other emergency after the start of the program but before the beginning of the main contest, it is deemed necessary to declare a postponement, the event shall be rescheduled as provided in subsection (b). If unfavorable weather or other emergency occurs during the progress of the main contest, the contest shall be continued to its conclusion, except that if the existing condition presents actual danger to the participants or others present, a commissioner or the Executive Director will interrupt the contest until the danger is passed, and the contest shall be resumed from the point of interruption and continued to conclusion. If it is deemed impossible to resume the contest because of continued danger, a postponement shall be declared and the event shall be rescheduled as provided in subsection (b).

(e) Ticket holders shall be entitled to the refund of the entire purchase price of their tickets in cases of postponement or cancellation of the main event or the entire program of contests or exhibitions under the conditions of time, place and procedure that a commissioner or the Executive Director approves and announces in each instance, as specified in section 1113(a) of the Athletic Code (relating to ticket refunds) and § 21.4(h) (relating to conduct of contests).

(f) In case of postponement prior to the opening of the admission gates to the event, tickets for the original date shall be honored for admission on the date to which the event shall be postponed.

(g) The Commission will determine the rights of affected parties to payment for services and reimbursement for expenses in each case of postponement or cancellation if boxers have fulfilled their performance contracts prior to postponement or cancellation.

The provisions of this § 5.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 5.2 adopted March 11, 1946; amended November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251522) to (251523).

History

• Authority: The provisions of this § 5.
• Source: The provisions of this § 5.

Chapter 7 Recognition of Suspensions, Disqualifications and Retirements Imposed by Other Authorities

58 Pa. Code § 7.1 Discretion of Commission.

The Commission may in its discretion recognize and enforce within its jurisdiction suspensions, disqualifications and retirements imposed by other authorities, but the recognition and enforcement shall be in each instance subject to appeal by the affected person to the Commission, which shall thoroughly inquire into the merits of the case either with or without formal hearing of sworn testimony and render a final decision in accordance with the substantial equities as are evident.

The provisions of this § 7.1 adopted March 11, 1946; amended November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094.

History

• Source: The provisions of this § 7.

Chapter 9 Relations with Affiliates

58 Pa. Code § 9.1 No sovereignty compromise.

The Commission may enter into, maintain or withdraw from association with groups devoted to the interests of any sport regulated by the Commission, but it may not compromise the sovereignty of the Commonwealth or the primary and immediate responsibility of the Commission.

The provisions of this § 9.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 9.1 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251527).

This section cited in 58 Pa. Code § 9.2 (relating to fair cooperation).

History

• Authority: The provisions of this § 9.
• Source: The provisions of this § 9.

58 Pa. Code § 9.2 Fair cooperation.

The restrictions imposed by § 9.1 (relating to no sovereignty compromise) may not be construed to prevent the Commission from fair and reasonable collaboration and cooperation with the authorities of other governmental bodies or with organizations of private individuals dedicated to objectives similar to those of the Commission.

The provisions of this § 9.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 9.2 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251527).

History

• Authority: The provisions of this § 9.
• Source: The provisions of this § 9.

Chapter 11 Safety of Event Premises

58 Pa. Code § 11.1 Ventilation, fire exits and fire escapes.

Buildings or structures used, or intended to be used for contests, shall be properly ventilated and contain proper fire exits and fire escapes. In addition, buildings shall conform to the laws, ordinances and regulations pertaining to buildings in the municipality where situated.

The provisions of this § 11.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 11.1 adopted November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251529).

History

• Authority: The provisions of this § 11.
• Source: The provisions of this § 11.

Chapter 13 Bonds and Fees

58 Pa. Code § 13.1 Professional boxing bonds and bond filing fees.

(a) In the case of professional boxing promoters or foreign copromoters holding contests in a place where the seating capacity is less than 10,000, the professional boxing promoters or foreign copromoters are required to execute and file a surety bond with the Commission in the sum of $7,500 on the form prescribed by the Commission. If the seating capacity is more than 10,000, the bond shall be in the sum of $25,000.

(b) In lieu of the surety bond required by subsection (a), the promoter or foreign copromoter may deposit with the Commission cash, a certified check, a letter of credit or direct or indirect obligations of the United States or the Commonwealth acceptable to the Commission in an equivalent amount as set forth in subsection (a) and subject to the same conditions. The security will not be returned to the promoter until 1 year after the date on which it was deposited with the Commission, unless a surety bond is substituted for the security. Upon the expiration of 1 year from the date on which the security was deposited, it shall be returned to the depositor if no claim against the deposit is outstanding.

(c) A filing fee of $25 shall accompany each bond filed or cash or security deposited in lieu of the bond.

The provisions of this § 13.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.1 adopted November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251531).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.2 Ticket tally.

The authorized representative of a licensed promoter holding a contest or exhibition shall submit in writing to the Commission within 48 hours after the close of the contest or exhibition, a promoter’s ticket report showing the number of each class of ticket sold, unsold or unused, and permit the Commission to examine sold, unsold or unused tickets, stub coupons, the financial records of the event and investigate other matters relating to the receipts and conduct of the box office and ticket takers. The ticket tally shall conform to the manifest issued by the printer on the printer’s statement, and shall be signed by the promoter.

The provisions of this § 13.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.2 adopted November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251531) to (251532).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.3 Additional license fees.

Promoters shall submit a check or money order for the payment of license fees or taxes due the Commonwealth within a maximum of 48 hours after each event. Failure of a promoter to submit the required funds will result in forfeiture of all or a portion of the promoter’s bond or funds on deposit with the Commission.

The provisions of this § 13.3 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 3.3 adopted November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251532).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.4 Professional boxing license fees.

The following annual nonrefundable license fees shall accompany each application for a license or the renewal of a license:

The provisions of this § 13.4 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 13.4 adopted April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251532).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.5 Professional boxing permit fees.

The following nonrefundable permit fees, based upon the seating capacity of the premises where the program is to be presented, shall accompany each application filed by a professional boxing promoter or foreign copromoter for a permit to present a program of professional contests or exhibitions:

The provisions of this § 13.5 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 13.5 adopted April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251532) to (251533).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.6 Professional boxing physician fee.

A fee of $200 shall be paid to the physician assigned to the weigh-in who conducts the precontest or preexhibition physicals and who also serves at ringside of the contest or exhibition. A fee of $150 shall be paid to the physician assigned only to the contest or exhibition. A fee of $100 shall be paid to the physician assigned only to conduct the precontest or preexhibition physicals. The fees shall be paid by the promoter.

The provisions of this § 13.6 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 13.6 adopted April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251533).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.7 Professional boxing officials fee.

(a) Subject to the exception for televised events in subsection (b), the fees for professional contests or exhibition officials, paid by the promoter, are as follows:

(b) The fees for televised events, either broadcasted or by cable transmission, are as follows:

The provisions of this § 13.7 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 13.7 adopted April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251533).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

58 Pa. Code § 13.8 Return check fee.

An additional $50 processing fee will be charged for each dishonored check.

The provisions of this § 13.8 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 13.8 adopted April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251534).

History

• Authority: The provisions of this § 13.
• Source: The provisions of this Chapter 13 adopted November 10, 1978, effective November 11, 1978, 8 Pa.

Chapter 15 Prohibited Drug Testing

58 Pa. Code § 15.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Confirmed positive test result—A result of a test conducted in accordance with the procedures in this chapter, indicating the presence of a prohibited drug. Drug—A substance which is one of the following:

(i) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official national formulary, or a supplement to one or more of them.

(ii) Intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals.

(iii) Intended to affect the structure or a function of the body of a human or other animal, not including food.

(iv) Intended for use as a component of another substance described in subparagraph (i), (ii) or (iii). Executive Director—The Executive Director of the Commission. Laboratory—A laboratory approved by the Department of Health under 28 Pa. Code § 5.50 (relating to approval to provide special analytical services), which has been designated by the Commission to conduct tests. Prohibited drug—

(i) A drug which falls within one of the following classes or types of substances:

(A) Opiates.

(B) Methadone.

(C) Barbiturates.

(D) Amphetamines.

(E) Benzodiazepines.

(F) Propoxyphene.

(G) Cocaine.

(H) PCP.

(I) Cannabinoids.

(J) Anabolic steroids.

(ii) A drug other than one which either:

(A) Has been purchased legally without a prescription, if a medical professional acting within the scope of his license or certification has certified that the drug will not affect the boxer’s ability to participate safely in the boxing contest and the attending or ringside physician agrees.

(B) Has been obtained by the individual under a valid prescription or order of a licensed or certified medical professional acting within the scope of his license or certification if the medical professional has certified that the drug will not affect the boxer’s ability to participate safely in the boxing contest, and the attending or ringside physician agrees. Reasonable cause—Conduct or information from which a reasonable person could believe that an individual is under the influence or drugs. Test—A urinalysis test approved by the Department of Health designed to detect drugs.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.2 Purpose.

The purpose of this chapter is to ensure the safety of boxers and to protect the integrity of boxing in this Commonwealth by regulating the use of prohibited drugs by professional and amateur boxers. Boxers shall be in total control of their mental faculties and physical capabilities. Boxing requires acute alertness, coordination, skill and reflex ability. The risk of serious injury is readily apparent considering the nature of the sport of boxing and could be greatly increased if a boxer participates while under the influence of a prohibited drug.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.3 Use of prohibited drugs.

(a) A boxer is not permitted to participate in a boxing contest if the boxer:

(1) Has a prohibited drug in his possession or control or in his system.

(2) Refuses to submit to a test ordered under this chapter.

(b) A boxer using a drug shall notify the Commission at the time he is asked to submit to a test under this chapter. The boxer shall set forth this information on the Urinalysis/Drug Test Consent Form SAC:UDT-1, under § 15.12 (relating to official form).

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.4 Test for prohibited drugs.

(a) The Executive Director, or an authorized representative may, upon random selection or with reasonable cause, order a boxer to submit to a test for the detection of a prohibited drug.

(b) Reasonable cause will be deemed to exist if one or more of the following exists:

(1) A boxer has been arrested for, or convicted of, an offense involving the possession, sale, distribution or use of a drug.

(2) A boxer has previously tested positive for a prohibited drug.

(3) The Commission obtains information that a boxer is under the influence of a drug.

(4) A boxer is observed to be acting under the influence of a drug.

(c) Random selection will be done by a lottery system. Each bout occurring on a given day will be numbered and the number of each bout will be written on a separate card supplied by the Commission. Cards will then be shuffled and at least one card will be randomly selected by a Commission representative. A boxer participating in the event or the boxer’s representative may witness the selection of the card. The boxers who are the contestants in the selected bout shall submit to a test.

(d) Each boxer participating in a championship bout shall submit to a test.

(e) The test will be administered either at the weigh-in, during the event of which the contest is a part or within 2 hours after the end of the contest in which the boxer was a participant.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.5 Testing procedures.

(a) A representative of the Commission will inform a boxer that he has been selected for a test and will give him a Urinalysis/Drug Test Consent Form SAC:UDT-1. The boxer shall complete the Form and shall cooperate with the representative in the administration of the test. The boxer shall note a perceived irregularity in the administration of the test on the form.

(b) If the boxer is to be given a test, the following procedures shall be observed:

(1) The Commission representative will give a sealed urine sample container to the boxer.

(2) The boxer shall wash and dry his hands prior to urination.

(3) The boxer shall urinate into the container in the presence of the Commission representative, the attending or ringside physician and, at the option of the boxer, an individual chosen by the boxer to accompany him. Observers shall be the same sex as the boxer.

(4) Subject to these procedures, the test will be administered in a manner to allow maximum privacy to the boxer.

(5) The boxer shall provide at least 60 ml of urine in the sample container, and shall give the container to the Commission representative.

(6) In the presence of the boxer and other observers, the Commission representative will divide the sample as evenly as possible into two sample containers.

(7) Each sample container will have a label attached which contains the following information: the boxer’s Social Security Number, the Commission representative’s signature and the physician’s signature. One sample will be labeled ‘‘A’’ and the other will be labeled ‘‘B.’’

(8) The Commission representative will seal each container with a lock-cap and will attach to each sample container a tag provided by the laboratory designated to conduct the test. The tag will contain the boxer’s Social Security Number.

(9) None of the labels or tags attached to any container will identify the boxer by name.

(10) The Commission representative will tag and label the sample containers. The sample containers will remain in the custody of the representative until they are delivered to the laboratory or its agent.

(11) At the time of delivery, the Commission representative will attach a label to each sample container which will have spaces for the date and time of delivery, the initials of the Commission representative and the initials of the laboratory employe or agent who is picking up the sample. The Commission representative and laboratory employe or agent will complete the label in the presence of each other.

(12) The laboratory will perform its initial test on the urine contained in the sample container labeled ‘‘A.’’ If that test reveals the presence of a drug, the laboratory will perform a second screening using the same test used in testing the urine in the sample container labeled ‘‘A,’’ on the urine contained in the sample container labeled ‘‘B.’’

(13) If the tests of samples ‘‘A’’ and ‘‘B’’ both reveal the presence of a drug, the laboratory will immediately notify the Executive Director. The Executive Director will then compare the laboratory results with the information supplied by the boxer on the boxer’s Urinalysis/Drug Testing Form SAC:UDT-1 to determine if there has been a confirmed positive test result.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.6 Refusal to submit to test.

(a) A boxer may not refuse to submit to a test ordered under this chapter. A boxer will not be found to have refused to submit to a test if he submits to the test within 1 hour after having been requested to do so.

(b) If a boxer refuses to submit to a test ordered under this chapter, the Commission will issue a written order that suspends the boxer’s license for 90 days in accordance with 5 Pa.C.S. § 1304(a)(3) (relating to suspension or revocation of licenses or permits), which imposes a civil penalty of $100 and requires forfeiture to the Commission the purse or prizes which the boxer may have earned from that day’s event.

(c) A boxer who has refused to submit to a test ordered under this chapter will not be permitted to participate in a boxing contest until he has submitted to the test. If a confirmed positive test result exists, the boxer shall be subject to the disciplinary action in § 15.7 (relating to disciplinary action).

(d) Subsequent refusal to submit to a test ordered under this chapter will result in the revocation of the boxer’s license and other disciplinary actions which the Commission may take.

(e) A boxer who was denied a license or whose license was suspended or revoked in another state for refusal to submit to a test will be required to submit to a test as a requirement for applying for a license within this Commonwealth.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.7 Disciplinary action.

(a) If the Executive Director determines that a confirmed positive test result exists, the Director will:

(1) Rule that the boxer will not be permitted to participate in the contest if test results are available prior to the contest.

(2) Rule that the bout will be declared a no contest if test results are not available until after the contest and the boxer is the winner of the contest.

(3) Recommend to the Commission that the boxer will forfeit to the Commission all, or a part of, purses or prizes which he may have earned from that day’s event.

(4) Inform the Commission that the boxer will be subject to the disciplinary action in subsection (b).

(b) Disciplinary action for a boxer with a confirmed positive test result shall be set forth in a written order and will be as follows:

(1) First occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a) (relating to preliminary suspension of licenses or permits), and a civil penalty of $100. If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8 (relating to procedural rules; Commission review), the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer’s license for 30 days in accordance with 5 Pa.C.S. § 1304(a) (relating to suspension or revocation of licenses or permits). In addition, after the suspension period but before being allowed to participate in a subsequent contest, the boxer will be required to submit to a test. If that test or a subsequent test results in a second confirmed positive test result, the boxer will be subject to the disciplinary action in paragraph (2).

(2) Second occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a), and a civil penalty of $200. If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer’s license for 90 days in accordance with 5 Pa.C.S. § 1304(a). In addition, the boxer shall successfully complete a drug treatment program approved by the Department of Health under 28 Pa. Code Chapters 709 and 711 (relating to standards for licensure of freestanding treatment facilities; and standards for certification of treatment activities which are a part of a health care facility). The boxer will not be permitted to participate in a boxing contest prior to successful completion of the program. The boxer shall direct the treatment facility to provide the Commission with written confirmation of the boxer’s successful completion and discharge from the program. In addition, after the suspension period and completion of the program but before being permitted to participate in a subsequent contest, the boxer shall be required to submit to a test. If that test or a subsequent test results in a third confirmed positive test result, the boxer will be subject to the disciplinary action in paragraph (3).

(3) Third occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a). If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, the boxer’s license will be revoked and the boxer will be permanently banned from participating in any type of boxing event, in any capacity, in this Commonwealth in accordance with 5 Pa.C.S. § 1304(a).

(c) If a boxer is found to have tampered with a sample taken for a urinalysis test or is found to have falsified information in connection with a test performed under this chapter, the Commission will preliminarily suspend the boxer’s license in accordance with 5 Pa.C.S. § 1303(a), impose a civil penalty of $100 on the boxer and order the forfeiture to the Commission of purses or prizes which the boxer may have earned from that day’s event. If, in reviewing the imposition of the preliminary suspension as provided under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer’s license for 90 days in accordance with 5 Pa.C.S. § 1304(a).

This section cited in 58 Pa. Code § 15.6 (relating to refusal to submit to test).

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.8 Procedural rules; Commission review.

(a) A boxer whose license has been preliminarily suspended in accordance with 5 Pa.C.S. § 1303(a) (relating to preliminary suspension of licenses or permits) under this chapter will be entitled to a hearing before the Commission within 10 business days after the date on which the license was suspended in accordance with 5 Pa.C.S. § 1303(c).

(b) A boxer whose license has been suspended for 90 days in accordance with 5 Pa.C.S. § 1304(a)(3) (relating to suspension or revocation of licenses or permits), for refusing to submit to a test as ordered under § 15.6 (relating to refusal to submit to test) will be entitled to a hearing within 10 business days after the date on which the license is suspended in accordance with 5 Pa.C.S. § 1304(b).

(c) A boxer against whom a civil penalty has been imposed under this chapter will be entitled to a hearing within 10 business days after notice of the Commission’s intent to impose the penalty is received in accordance with 5 Pa.C.S. § 1305 (relating to civil penalties).

(d) A boxer who has forfeited all, or a part of, purses or prizes under this chapter may apply in writing to the Commission for a hearing regarding the withheld purse within 10 days after the end of the contest in accordance with 5 Pa.C.S. § 1524(b) (relating to hearing regarding withheld purse). Upon receipt of the application, the Commission will fix a date for a hearing. Within a reasonable time after the hearing or after the expiration of 10 days following the contest, if an application for a hearing is not filed, the Commission will determine the disposition to be made of the withheld purse or prize in accordance with 5 Pa.C.S. § 1525 (relating to disposition of withheld purse).

(e) The Commission will conduct hearings under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies). Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to proceedings before the Commission.

This section cited in 58 Pa. Code § 15.7 (relating to disciplinary action).

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.9 Records.

(a) The following information concerning each test performed under this chapter will be recorded in the records of the Commission:

(1) The name and Social Security Number of the boxer from whom the sample was obtained.

(2) The date and time the sample was obtained.

(3) The name of the individual who ordered the sample and the names of other persons, including the attending or ringside physician and observer chosen by the boxer, who were present when the sample was taken.

(4) The type of sample obtained.

(5) The dates on which the sample was sent to and received by the testing laboratory.

(6) The results of the analysis, especially a confirmed positive result.

(7) Actions taken by the Executive Director and Commission with respect to a test.

(b) The information listed in subsection (a) will be stored in a locked secure area in the office of the Executive Director for 1 year, after which it will be destroyed. The Commission may retain the information received on a boxer who is found to have violated this chapter for the purpose of documenting the number of violations and the results of treatment, and for consideration if future violations occur.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.10 Confidentiality.

Information received in the process of performing a test under this chapter, including medical information, test results and reports filed as a result of attending a treatment program, will be treated as confidential, except for use with respect to an order issued by the Commission or judicial hearing with regard to the order. Access to the information in the records of the Commission will be limited to the Commissioners, the Executive Director, a representative of the Commission and the tested boxer. Nothing in this section prohibits the disclosure of a civil penalty, suspension or revocation imposed on a boxer under this chapter and the fact that the civil penalty, suspension or revocation was imposed due to the boxer having a confirmed positive test result. The disclosure shall also include the type of drug which served as the basis of the confirmed positive test result.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.11 Costs.

(a) The promoter or sponsor shall be responsible for costs incurred with respect to tests performed under this chapter.

(b) The boxer shall be responsible for costs incurred with respect to completion of a drug treatment program ordered under this chapter.

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

58 Pa. Code § 15.12 Official form.

The following official form is to be used in conjunction with this chapter: SAC:UDT-1 Urinalysis/Drug Test Consent Form.

SAC:UDT-1

Individual’s Name

History

• Authority: The provisions of this Chapter 15 issued under 5 Pa.
• Source: The provisions of this Chapter 15 adopted October 1, 1993, effective October 2, 1993, 23 Pa.

Subpart B Boxing

Chapter 21 Professional Boxing

58 Pa. Code § 21.1 Contracts.

(a) Contracts under the Commission’s jurisdiction between managers and professional boxers; promoters and professional boxers; and foreign copromoters and professional boxers shall be signed on Commission-approved forms. Contracts shall contain a provision stating their subjection to the laws of the Commonwealth and this part. Contracts shall contain the provisions required by sections 1102 and 1103 of the Athletic Code (relating to notice clause; and provisions in contracts between managers and professional boxers). The contracts shall be signed by the parties under their true legal names. Contracts shall be void unless signed by the parties to the contracts.

(b) Parties to the contracts shall be currently licensed by the Commission.

(c) Parties to the contracts shall completely fulfill their contractual obligations or be subject to disciplinary action by the Commission. Parties to the contracts shall be subject to, but not limited to, the disciplinary provisions in Chapter 13 of the Athletic Code (relating to enforcement).

(d) Each contract between a manager and boxer shall be subject to Commission approval, sworn to and affirmed by both parties, and signed in the presence of a commissioner or the Executive Director. A fully conformed and executed copy of the contract shall be filed with the Commission.

(e) It shall be the duty of the manager to assure the satisfactory performance of boxers with whom the manager has contractual agreements.

(f) A contract exceeding 3 years between a manager and a boxer will not be approved by the Commission except by unanimous vote of the commissioners.

(g) A manager may not enter into a contract purporting to bind a boxer under his management to perform services after the termination of the manager-boxer relationship between them. A boxer, while under contract to a manager, may not enter into a commitment, written or oral, to perform services without written consent of both parties involved and approval of the Executive Director.

(h) No assignment of an interest in a boxer’s or manager’s contract, filed and approved by the Commission, will be permitted without the approval of the Commission, and the consent to assign will not be granted unless a copy of the proposed assignment is submitted to the Commission for its approval.

(i) A manager may not enter into a contract that does not guarantee the boxer a minimum annual income for completion of contractual agreements of $1,000.

(j) Contracts to which a minor is a party, shall be executed on behalf of the minor by the proper legal guardian of the minor.

(k) If a manager or boxer is to be prevented from acting or performing professionally within this Commonwealth due to the revocation of his license, the contract between the manager and boxer shall be terminated as provided by section 1103(b) of the Athletic Code. If the license of either party is suspended, the contract will not be binding upon the other party during the period of the suspension.

(l) A copy of a fully conformed and executed contract between a promoter and a manager or boxer, or both, shall be filed with the Commission by the promoter immediately after its execution

(m) A promoter licensed by the Commission may not attempt to contract, for a contest, with a manager or boxer under suspension or disqualification by the Commission, except with the written consent of the Executive Director or a commissioner.

(n) A promoter or other licensee of the Commission may not publicly advertise or announce that a contest or exhibition will take place until the contest or exhibition has been approved by the Executive Director under § 3.1(h) (relating to Executive Director) and binding agreements have been entered into by all parties.

The provisions of this § 21.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.1 adopted March 14, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (242841) to (242843).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.2 Weight classes.

(a) The weight classes of professional boxers and the maximum weight in each class shall be as follows:

(1) Flyweight—112 pounds.

(2) Bantamweight—118 pounds.

(3) Featherweight—126 pounds.

(4) Junior lightweight—130 pounds.

(5) Lightweight—135 pounds.

(6) Junior welterweight—140 pounds.

(7) Welterweight—147 pounds.

(8) Junior middleweight—154 pounds.

(9) Middleweight—160 pounds.

(10) Super middleweight—168 pounds.

(11) Light heavyweight—175 pounds.

(12) Cruiserweight—190 pounds.

(13) Heavyweight—over 190 pounds.

(b) Sections 710 and 711 of the Athletic Code (relating to weights and classes; and limitation on difference in weights) are incorporated by reference.

The provisions of this § 21.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.2 adopted March 11, 1946; amended through November 1, 1966; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (242843).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.3 Ring and ring equipment.

(a) The boxing ring may not be less than 16 feet square nor more than 24 feet square within the ring ropes except with the written consent of the Commission. The ring floor or apron shall extend beyond the ring ropes on all sides for at least 2 feet, unless alternative satisfactory safety precautions are taken and approved by the Commission.

(1) The ring floor shall be elevated no more than 4 feet, be completely padded both inside and outside the ropes to the thickness of at least 2 inches with soft felt, foam rubber, felt matting or other soft material approved by the Commission and shall be covered over the padding with canvas stretched taut and laced tightly to the ring platform.

(2) The ring posts shall be four in number, shall extend above the ring floor no more than 5 feet, and shall be at least 18 inches distant from the ring ropes, which shall be attached to the posts by means of adjustable turnbuckles.

(3) Post tops and turnbuckles shall be suitably padded.

(4) Steps shall lead to the ring floor at two diagonally opposite corners of the ring platform.

(5) The ring ropes shall be four in number, may not be less than 1 inch in diameter, and shall be either covered with smooth plastic or wrapped with soft material.

(6) The ropes shall be readily adjustable and shall be kept at a proper and safe degree of tautness.

(7) The ring shall be amply illuminated by overhead lights, which shall be arranged so that shadow is eliminated and discomfort from heat and glare minimized for persons in and near the ring, if needed, as determined by a commissioner or the Executive Director.

(b) It is the responsibility of the promoter to have an attendant available at all times during the event capable of making any type of emergency repairs, corrections and adjustments to the ring, the lights and other necessary fixtures. The promoter shall supply the following items, which shall be available on the premises for use as needed:

(1) A public address system in good working order.

(2) Chairs for Commission personnel, officials and Commission credential holders. Chairs for judges shall be elevated sufficiently to assure an unobstructed view of the ring and the ring floor.

(3) A gong or bell of size and resonance sufficient to be clearly audible by participants, officials and spectators when struck by the hammer of the timekeeper.

(4) A stool or chair, a clean water bucket and clean water bottle for the corner of each boxer.

(5) A complete set of numbered round cards clearly legible from all parts of the arena containing no advertising or other printed matter unless approved by the Commission.

(6) An ambulance, together with emergency equipment.

(7) A portable resuscitator with oxygen and appropriate endotracheal tubes and a qualified operator.

The provisions of this § 21.3 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.3 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (242843) to (242844).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.4 Conduct of contests.

(a) At each professional contest or exhibition, except an exhibition held solely for training purposes, there shall be two referees, one physician, three judges, an announcer and a timekeeper in attendance, all of whom will be licensed by the Commission. The Executive Director will assign all officials except the announcer. The Executive Director may also appoint a knockdown timekeeper. A promoter or an employee of a promoter or an officer, director or stockholder of a corporation holding the license of a promoter may not be appointed or permitted to officiate in any capacity at a professional contest under the jurisdiction of the Commission.

(b) The Executive Director will determine the time and place of the weigh-in for each professional event under the Commission’s jurisdiction, and boxers under contract to participate in the event shall appear promptly at the appointed place to be officially weighed by a representative of the Commission on Commission approved scales and examined by the attending physician.

(1) A boxer being weighed shall remove all clothing at the discretion of a commissioner or the Executive Director.

(2) A boxer shall weigh-in no more than 24 hours prior to the contracted time of the contests. Under extenuating circumstances and with the permission of the Executive Director, the boxer may be allowed to weigh-in no more than 30 hours prior to the contracted time of the contest. If a boxer is deemed overweight by the Executive Director, another weigh-in shall be scheduled for no more than 3 hours from the time that he first stepped onto the scale to determine that the boxer weighs no more than the weight for which he has contracted. Boxers may lose no more than 3 pounds in this 3-hour period. If after 3 hours the boxer cannot achieve the weight, the boxer shall be disqualified and may be subject to disciplinary action as the Commission may determine.

(3) The Commission will require a boxer under contract for a contest under its jurisdiction to appear before a commissioner or the Executive Director for a preliminary physical examination within 2 hours prior to the contest, as required by section 709(a) of the Athletic Code (relating to medical examination). The weight of the boxer shall be one of several factors included in this physical examination by the attending physician to determine whether the boxer is physically or mentally fit to proceed. Physically unfit shall include, but not be limited to, a determination by the attending physician that a boxer has gained or lost so much weight since the time of the weigh-in that the boxer could harm himself or the opponent. Except as provided by section 711 of the Athletic Code (relating to limitation on difference in weights), the weight of one boxer may not exceed the weight of that boxer’s opponent by 10 pounds.

(4) If an event is postponed for more than 24 hours, a commissioner or the Executive Director may require an additional weigh-in and physical examination of the participating boxers on the day to which the event is postponed.

(5) Each boxer in a contest under the jurisdiction of the Commission shall submit to the Executive Director the names of the boxer’s seconds for approval, and no person other than the boxer’s approved seconds may be permitted to assist in the boxer’s corner during the contest.

(6) A boxer under contract to participate in an event under jurisdiction of the Commission shall report in the dressing room at a time set by the Executive Director and shall remain in that area until ordered to the ring by an authorized representative of the Commission.

(c) The referee shall call the participants and their chief seconds to the center of the ring for final instructions before each contest. During an event, only licensed seconds, trainers and managers are authorized to be in the boxer’s corner. After the announcement of the decision at the end of a contest, the participants and their seconds shall leave the ring without undue delay and retire to the dressing quarters. Participants, seconds and managers may not manifest to officials or to spectators an opinion as to the outcome of the contest nor may they be disrespectful or exhibit improper conduct toward a Commission official or toward the spectators before or after the announcement of the decision.

(d) The promoter shall have immediately available for use adequate medical emergency first aid supplies and equipment during each event under his promotion, which will be subject to examination and approval by the Commission. An individual will not be permitted to examine or treat a participant during an event unless the individual is wearing disposable latex hygienic gloves. The gloves shall be paid for and provided by the promoter. Exceptions will be permitted when an emergency treatment or examination makes the wearing of the gloves impractical. The promoter shall also have available for each event under his promotion an ample supply of conventional boxing gloves including at least one new set of gloves for use in the main contest. Gloves for use in the event shall be in good condition and will be subject to inspection and approval by the referee, a commissioner, the Executive Director and an inspector before and during use. If a glove bursts or is otherwise seriously damaged during the progress of a contest, the referee shall interrupt the contest and require that the glove be replaced before the resumption of the contest.

(e) Persons other than boxers, managers, seconds and Commission representatives may not have access to the dressing quarters at an event under the jurisdiction of the Commission except by special permission of the Commission. The Commission may issue nontransferable written passes to the dressing quarters if circumstances warrant, and then only holders of the passes shall be admitted except by special permission of the Commission. An inspector shall be on duty in the dressing quarters from the opening until the closing and shall be responsible for the maintenance of order and the enforcement of the Athletic Code and this part.

(f) The ring platform shall be kept clean and clear of obstructions throughout each contest. Buckets, stools, bottles and other corner equipment shall be removed before the start of each contest and again between rounds immediately upon the sounding of the 10-second warning signal of the timekeeper. Care shall be exerted by boxers and their seconds to keep corners dry. Excessive spraying or throwing of water on boxers is forbidden.

(g) Unless otherwise authorized by the Executive Director, a professional event may not be scheduled for a total of less than 28 or more than 40 rounds, each of which shall be of the maximum duration of 3 minutes for male boxers and 2 minutes for female boxers with a rest period of 1 minute between the end of each round and the start of the next. Professional contests under the jurisdiction of the Commission shall be scheduled for four, six, eight or ten rounds unless otherwise specifically authorized by the Executive Director in the case of a world championship, State championship or other especially significant contests when contests may be scheduled for 12 or 15 rounds for male boxers as the Commission deems appropriate. The maximum number of rounds for female boxers is ten rounds. A contest of the scheduled duration of more than 15 rounds may not be permitted in this Commonwealth. The Executive Director may permit, and will have the discretion to place on the program, and to determine the length of, one scheduled intermission between contests of a professional event.

(h) A promoter shall notify the Executive Director of a proposed change in the composition of any contest under his promotion immediately upon the arising of need or decision for change. An announcement or advertisement of the proposed change may not be made by the promoter or a person connected with the promotion unless approval of a commissioner or the Executive Director has been granted. If the change is made and approved, immediate widespread public announcement shall be made through available communications media and written notice shall be posted conspicuously at ticket agencies and at entrances and ticket windows at the site of the event. Upon postponement or cancellation of the main event or the entire program of contests or exhibitions, the promoter shall refund the full price of each ticket to any person who presents the entire ticket for a refund within 10 days after the event. The promoter shall announce the postponement or cancellation at the beginning of the program and at other times during the event as the Commission may prescribe and shall notify the ticket holders in each announcement that they may present their ticket stubs for a refund of the purchase price during the program.

(i) The promoter of a professional event under the jurisdiction of the Commission shall make payment of the purse and other money due a participating boxer to the boxer personally unless a prior arrangement has been made and approved by the Commission. A promoter may not make payment to a boxer, to a manager or to an agent of either of them except in the presence of a commissioner or the Executive Director. There may be no variance from the procedure in this subsection except by explicit written direction by the Commission to the promoter.

(j) Each professional contest under the jurisdiction of the Commission shall be designated a contest or an exhibition according to its true and correct character and having been so designated, it shall be announced and advertised explicitly as such. An exhibition may not be announced or advertised either directly or by inference as a championship match.

(k) A boxer or a licensee may not strike, molest or abuse physically or verbally a spectator, ring official or representative of the Commission under penalty of summary disqualification, suspension or fine, or any combination of these penalties.

(l) A professional event or individual match may not be publicly announced or advertised until approved by the Commission.

(m) If a boxer refuses to continue a contest while physically able to do so, the referee shall rule the contest a technical knockout (TKO) and award the contest to the opposing boxer. The purse of the losing boxer, or any part thereof, may be impounded by the Commission.

The provisions of this § 21.4 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.4 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242844) to (242848).

This section cited in 58 Pa. Code § 5.2 (relating to postponements and cancellations); 58 Pa. Code § 21.15 (relating to State championships); and 58 Pa. Code § 23.4 (relating to boxers).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.5 Scoring system.

(a) The scoring in professional contests shall be on the basis of the ten points must system.

(1) Each judge in reaching a finding on each round of a contest shall award to the winning boxer ten points and to the losing boxer nine points or less and shall so inscribe the official score card immediately upon conclusion of the round.

(2) In the case of an even round, the judge shall award ten points to each boxer.

(3) At the conclusion of each round which has not been terminated by a knockout, a technical knockout or the disqualification of either boxer, the Executive Director or an inspector shall tally the points for each boxer and mark these scores on the official score card.

(4) If each boxer has been awarded the same total number of points, the vote of the judge shall be recorded as a draw.

(5) Each judge shall sign his name to his score cards.

(6) A boxer shall be declared the winner of a contest if he has received the winning votes of two or all of the judges.

(7) A contest shall be declared a draw if the votes of two or all of the judges shall so state, or if each boxer receives the winning vote of one judge and the vote of the third judge shall be for a draw.

(b) Examples of ten point scoring are as follows:

(1) 10-10. Indicates an even round. Neither boxer distinguished himself as being more effective than the other. In addition, the boxers appeared equal in the areas that may be used to break an even round, such as opponent control, ring strategy and overall conditioning and abilities as a complete boxer, with emphasis on overall ability.

(2) 10-9. Indicates one boxer distinguished himself as more effective during the round, as described in paragraph (1). This score is the most often used, and allows for a slight to considerable margin between the boxers. One boxer may have been only slightly better than the other or the boxer may have dominated the round without really stunning the other boxer, with no knockdowns.

(3) 10-8. Indicates a round in which one boxer was in constant control, and unquestionably outclassed his opponent. The boxer may also have obviously stunned his opponent, usually including at least one knockdown. If there were no knockdowns, there shall still have been enough contact done to indicate that at least one of these occurrences was imminent.

(c) Subject to the foul rule in subsection (d), if in a round a boxer is adjudged guilty by the referee of a foul or of a technical violation of the Athletic Code, the referee may penalize the offending boxer one point for each foul or technical violation. The referee shall immediately stop the contest and notify the judges of the number of points being deducted and provide for the innocent boxer to be examined by the ringside physician, if warranted. In each round when points are being deducted, judges shall score the round in a normal manner and mark next to the score the number of points being deducted for that boxer for the foul as indicated by the referee. If a boxer persists in the employment of foul tactics or in technical violations of the Athletic Code or if the boxer inflicts, by foul means, a crippling injury upon his opponent so that the latter is adjudged incapable of continuing the contest, the referee shall disqualify the offending boxer and shall award the contest to the innocent boxer. In determining the scoring of a round, a judge shall consider the following:

(1) Aggressiveness.

(2) Clean hitting.

(3) Cleverness.

(4) Defensive skill.

(5) Effectiveness of blows.

(6) Fouls and technical violations.

(7) Knockdowns.

(d) If a boxer in a contest scheduled for more than four rounds receives an accidental foul that renders the boxer immediately unable to continue and less than four rounds have been completed, the referee shall rule the decision a ‘‘no contest.’’ This rule does not apply in the case of accidental low-blow fouls as referenced in subsection (l). If at least four rounds have been completed, the boxer ahead on the scorecards shall be awarded the decision. If neither boxer is ahead on points, the contest shall be ruled a draw. The round shall be considered complete when the bell is sounded ending the round. Partial rounds shall be scored when at least four rounds have been completed.

(e) If a boxer in a contest scheduled for four rounds receives an accidental foul that renders the boxer immediately unable to continue and less than three rounds have been completed, the referee shall rule the decision a ‘‘no-contest.’’ This rule does not apply in the case of accidental low-blow fouls as referenced in subsection (l). If at least three rounds have been completed, the boxer ahead on the scorecards shall be awarded the decision. If neither boxer is ahead on points, the contest shall be ruled a draw. The partial fourth round shall be scored.

(f) If a boxer receives an intentional foul, the referee shall stop the contest and shall deduct one or more points from the offender. Point deductions shall be at the discretion of the referee based upon the severity of the foul. If the boxer who received the intentional foul is unable to continue the round in which the foul occurred, as determined by the referee or ringside physician, the referee shall stop the contest and the injured boxer shall have up to 5 minutes of recovery time. If after these 5 minutes the injured boxer cannot continue, the referee shall disqualify the offender. Point deductions and disqualifications are at the discretion of the referee.

(g) The referee shall have the authority to determine whether the foul is accidental or intentional and shall make his ruling known immediately after the foul has been committed. The referee shall notify the judges, Commission personnel and both boxers of his ruling.

(h) If an injury inflicted by an accidental foul later becomes aggravated by fair blows and the contest must be stopped in a round other than the one in which the foul occurred, the outcome will be determined by the scoring of all partial and completed rounds if at least four rounds have been completed. If less than four rounds have been completed, the outcome shall be ruled a ‘‘no-contest.’’

(i) If an injury inflicted by an intentional foul later becomes aggravated by fair blows and the contest must be stopped in a round other than the one in which the foul occurred (See subsection (e)), the injured boxer will win by a technical decision if he is ahead in the scoring.

(1) The contest shall be ruled a technical draw if the injured boxer is behind or even in the scoring.

(2) If a boxer injures himself while attempting to intentionally foul his opponent, the referee shall take no action in his favor, and this injury shall be treated the same as one produced by a fair blow.

(j) In a round when a boxer has been knocked down and that boxer has not risen at the end of the round, the count of the timekeeper shall be continued and, if the fallen contestant shall fail to rise before the count of ten, he shall be considered to have lost the contest by a knockout in the round just concluded. If the boxer does rise and the round has already ended, the timekeeper shall immediately ring the bell signifying the end of the round.

(k) The referee shall signal for a time-out when a boxer is knocked down as a result of an accidental foul or accident, as ruled by the referee. The boxer shall have up to 5 minutes of recovery time. If the boxer cannot continue after 5 minutes and four rounds or more have been completed, the winner of the contest shall be determined by the scores indicated for completed rounds on the scorecards. Partial rounds shall be scored when at least four rounds have been completed. If less than four rounds have been completed, the contest shall be ruled a technical draw.

(l) In the case of an accidental low-blow foul, the same procedures in subsection (k) shall be followed, except that if the boxer who is unable to continue is ahead on points, the contest shall be ruled a technical draw. If his opponent is ahead on points, he shall be awarded the decision.

(m) If a boxer is disqualified by the referee and that boxer is behind on points at the time of his disqualification, regardless of the round, that boxer shall lose by technical knockout (TKO).

The provisions of this § 21.5 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.5 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242849) to (242851).

This section cited in 58 Pa. Code § 25.6 (relating to fouls).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.6 Promoters.

(a) Promoters of professional events under the jurisdiction of the Commission shall be licensed by the Commission and shall be responsible for the observance of the Athletic Code and this part, as far as the Athletic Code and this part apply to them and their activities during and after events under their promotion.

(b) Each promoter shall file with the Commission fully conformed and executed copies of contracts between the promoter and managers and boxers committed to participation in events under his promotion. Each contract filed shall set forth the exact and complete agreement between the parties. Undisclosed additional or collateral written or oral agreements or understandings pertaining to the subject matter of the original contract or the event are prohibited and void. Promoters may not contract or negotiate with a matchmaker, manager or boxer who is under suspension by the Commission, except with the written permission of the Executive Director.

(c) The promoter is responsible for the maintenance of order and the safety of persons present at each event under his promotion, and he shall provide ample security.

(d) A promoter who shall be adjudged guilty of an offense of violence or of conduct reflecting discreditably upon boxing shall be liable to suspension or revocation of license or both, by the Commission.

(e) Unless otherwise directed by a commissioner or the Executive Director, each promoter shall pay out all boxing purses immediately after the contest but no later than 24 hours after an event.

(f) A promoter may distribute passes to his staff or other individuals helping in the promotion of an event to permit them to enter the event. The number of passes may not exceed 50 or more than 1% of the total seating capacity of the facility, whichever is less, unless otherwise approved by a commissioner or the Executive Director. Passes shall be visibly displayed and are not subject to the Commission’s gross receipts tax.

(g) The promoters of a contest between female boxers shall provide them with adequate and separate dressing rooms from male boxers.

The provisions of this § 21.6 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.6 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242851) to (242852).

This section cited in 58 Pa. Code § 23.4 (relating to boxers).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.7 Matchmakers.

(a) Matchmakers shall be licensed by the Commission and shall be employed only by licensed promoters. Matchmakers shall be familiar and comply with the Athletic Code and this part with special reference to contracts, the giving of advance notice, the advertising of events and the due observance of legal weight differentials between opponents.

(b) Matchmakers shall be familiar with the records, the abilities and the physical condition of boxers for whose services they negotiate. Matchmakers shall take notice of suspensions issued by any commission, including those in other jurisdictions, and may neither contract nor negotiate with unlicensed managers or boxers or those who are under suspension, except by written permission of a commissioner or the Executive Director.

(c) The matchmaker for each event for which he has been engaged shall submit to the Commission at least 5 days prior to the event the true legal names, the ring names and the correct legal addresses of boxers under contract to participate unless this has been done by the promoter. This requirement will be waived by a commissioner or the Executive Director only for sufficient reason. The matchmaker shall advise managers and boxers under contract for an event of the time and place of the official weigh-in and of the time and place of their appearance for the actual event.

The provisions of this § 21.7 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.7 adopted March 11, 1946; amended through November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (242852).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.8 Boxers.

(a) Professional boxers shall be licensed by the Commission. The Commission will not license or renew the license of a professional boxer unless the license application is accompanied by a report from a Department of Health facility, a laboratory possessing a permit from the Department of Health under 28 Pa. Code § 5.11 (relating to permit, requirements, application and conditions) or a report from a laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under 28 Pa. Code § 5.11, and is acceptable to the Commission, which indicates that the applicant has been tested for any virus, antibody, antigen or etiologic agent determined to cause or indicate the presence of human immunodeficiency virus and any other communicable disease and the results of those tests were negative. The tests shall have been initiated no more than 6 months prior to the date of filing the application. A boxer whose application for license has been denied has the right to a hearing before the Commission under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies). The applicant shall apply, in writing, to the Commission requesting a hearing. The Commission will conduct a hearing within 10 business days from the receipt of the written request.

(b) The Commission will require each professional boxer under contract to appear in a contest under its jurisdiction to be properly licensed and to be examined and certified by a physician appointed by the Executive Director to be physically sound before being permitted to engage in the contest. A commissioner, the Executive Director or the ringside physician, upon the individual’s own initiative as a safety precaution, may require a professional boxer under the jurisdiction of the Commission to undergo a general or an ad hoc physical or mental examination, or both, for the purpose of determining whether or not the boxer is fit to continue actively in the profession of boxing.

(c) Whenever a professional boxer considers himself unable by reason of illness or injury to participate in a contest for which he is under contract within the jurisdiction of the Commission, he, or his manager in his behalf, shall promptly notify both the Executive Director and the promoter of the event of the alleged condition of the boxer. The boxer shall immediately submit written medical verification to the Executive Director who may, if he deems fit, require the boxer at his own expense to undergo examination by a physician selected by the Executive Director for further substantiation of the averment of disability. If a contest to which a professional boxer is under contract has been canceled and no suitable opponent, as determined by the Executive Director, can be located, the boxer shall be entitled to reasonable expenses as determined by the Executive Director.

(d) A boxer shall be considered to have been knocked out in a contest if he is counted out and he may incur a suspension of up to 90 days. A suspension under this section shall be mandatory if the boxer has been knocked unconscious or has received a concussion. This mandatory suspension shall be removed only after the boxer has been pronounced fit after undergoing medical examination by a physician.

(1) A boxer may incur a suspension of up to 30 days if he experiences a technical knockout without head injuries.

(2) A boxer may incur additional suspension time upon recommendation of the ringside physician or the Commission’s Medical Advisory Board.

(3) A professional boxer who is defeated in six consecutive contests, either within or outside the jurisdiction of the Commission shall be required to undergo a medical examination by a physician approved by the Commission, pending inquiry by the Commission to determine the physical and mental ability of the boxer to continue safely in the boxing profession.

(e) The Commission will not license as a professional boxer an applicant under 18 years of age and the Commission will require conclusive proof of age of a boxer applying for the first time to be so licensed with the Commonwealth. An applicant for a boxing license who has never competed in a professional contest shall attach to his license application the results of a complete general physical on a form supplied by the Commission in the Medical/Safety Manual. The Commission will not license as a professional boxer an applicant over 36 years of age except by special action by the Commission. An applicant for a boxing license over 36 years of age shall attach to his license application the results of the following:

(1) A complete general physical on a form supplied by the Commission.

(2) An electrocardiogram (EKG).

(3) A stress echo test.

(4) An eye exam.

(f) The Commission will not permit a professional boxer to participate in a contest under its jurisdiction without first having signed with a licensed promoter a contract covering the participation that meets the requirements of sections 1101—1104 of the Athletic Code (relating to contracts) and this part. If the boxer is under contract to a manager, the manager is also required to sign the contract unless excused by the Commission. This does not mean that a boxer is not contractually bound by a commitment made in his behalf by his legally constituted manager even though the boxer may not have personally executed the instrument purporting to commit him.

(g) A boxer under the jurisdiction of the Commission may not be under contract to more than one manager at the same time without express approval of the Commission. A boxer under the jurisdiction of the Commission may not enter into a contract with a manager or combination of managers in which the boxer is obligated to the payment of more than the total of 40% of his earnings under the manager or combination of managers.

(h) A boxer whose manager has been suspended by the Commission or whose suspension in another jurisdiction is recognized by the Commission may box in this Commonwealth, independently of his managerial contract at the discretion of the Commission and will be permitted to contract individually under the circumstances and to collect the full amount of a purse or other moneys due to him; no part of the sum may be held or reserved for the suspended manager.

(i) Professional contests between boxers under contract to the same manager are prohibited without exception.

(j) The Commission may require either or both of the participants in a professional contest to guarantee appearance or the making of agreed weight, or both, by stipulated monetary forfeit to be posted with the Commission in cash or by certified check by a stated time prior to the contest under appropriate circumstances. The Commission may declare the sum posted by him forfeited in whole or in part if a boxer fails to appear or make the agreed weight, and the forfeited amount shall be distributed, as the Commission, in its discretion, will decide.

(k) A professional boxer who fails to appear promptly at the time and place set by the Executive Director for the official weigh-in for a contest in which he is under contract to participate shall be subject to a disciplinary action the Commission sees fit to impose. A professional boxer who fails to appear for a contest in which he is under contract to participate or having appeared, refuses to participate in a contest may be subject to a fine, suspension, revocation of license or one or all of these penalties at the discretion of the Commission.

(l) If either or both of the participants in a professional contest fail to satisfactorily put forth serious effort during the contest or persist in foul tactics in the judgment of the referee, the referee shall stop the contest after reasonable warning, disqualify the offending boxer and award the decision to the boxer making the serious effort. The Commission may impound moneys due to the offending boxer pending the outcome of a hearing, which the Commission will arrange.

(m) Participants in professional contests under the jurisdiction of the Commission shall:

(1) Be shaven clean except that the Commission may sanction the wearing of closely cropped mustaches or beards, or both, at its discretion.

(2) Wear their hair secured so that it does not interfere with the vision or safety of either contestant.

(3) Use no facial cosmetics.

(4) Wear conventional boxing trunks, smoothsole shoes, a foolproof abdominal guard or cup and an individually fitted mouthpiece, which shall be subject to examination and approval by the Commission. Female boxers shall also wear a chest protector, body shirt and blouse and comply with § 21.8(n) (relating to boxers). Female boxers are also required to follow all other general requirements applicable to male boxers.

(5) Adhere to the following requirements for gloves. Each glove used in a professional boxing contest under the jurisdiction of the Commission shall weigh at least 8 ounces of which no more than 1 ounce shall be in the wrist padding of the glove. At all times, boxers competing against each other shall wear gloves of the same weight. For boxers weighing 160 pounds or less, the boxing gloves cannot weigh less than 8 ounces each. For boxers weighing over 160 pounds, the boxing gloves shall weigh at least 10 ounces each.

(i) The gloves of each boxer shall be adjusted in the dressing quarters of the event under the supervision of a Commission representative and in the presence of a second of the opposing boxer, if the latter so desires. Gloves of the participants in the main contest may also be adjusted in the ring by the referee.

(ii) The ends of the lace of each glove shall be tied and knotted on the back of the wrist of the glove and a single strip of adhesive tape 1 inch in width shall be carefully and smoothly placed around the wrist of the glove over the lace and the knot.

(iii) The bandage for use on each hand and wrist shall be soft bandage or gauze not more than 2 inches in width and 10 yards in length, except that the bandage for the hand of a light heavyweight or heavyweight boxer may be 12 yards in length. The bandage shall be wrapped smoothly and evenly on each hand and shall be held in place by adhesive tape 1 inch in width around the wrist with overlap of not more than 1 inch to clinch the ends. Tape, cotton or a substance other than the approved bandage may not be used between the fingers or over the knuckles of the hand. Bandaging of the hands of a boxer shall be done in the dressing quarters under the supervision and subject to the inspection and approval of a Commission representative and in the presence of a second of the opposing boxer, if the latter so desires.

(n) A female boxer:

(1) May not engage in a contest with a male boxer.

(2) Shall provide the Commission with a negative pregnancy test result taken not more than 24 hours prior to the scheduled contest.

(o) A male boxer may not engage in a contest with a female boxer.

The provisions of this § 21.8 amended under the Athletic Code, 5 Pa.C.S. § § 103(b)(1), 105(8), 501, 701, 901 and 912..

The provisions of this § 21.8 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1238; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443; amended September 23, 2005, effective September 24, 2005, 35 Pa.B. 5259; amended September 12, 2008, effective September 13, 2008. Immediately preceding text appears at serial pages (314481) to (314485).

This section cited in58 Pa. Code § 23.4 (relating to boxers).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.9 Managers.

(a) The Commission will license managers of professional boxers after being satisfied as to their good character, reputation and qualifications.

(b) A contract or negotiation entered into by a manager not licensed by the Commission may be upheld as valid by the Commission if the manager is licensed in another jurisdiction.

(c) A person may not be permitted to enter into a contract to manage a professional boxer without first being so licensed. If his license is revoked or allowed to expire, a contractual relationship, which he has with a boxer, will become void as required by section 1103(b) of the Athletic Code (relating to provisions in contracts between managers and professional boxers).

(d) A manager of a professional boxer may not sell, assign, transfer or encumber, or attempt to sell, assign, transfer or encumber an interest, in whole or in part, which he may hold in a contract for the services of the boxer without notice to and written consent of the boxer and of the Commission.

(e) A licensed manager of a professional boxer may act as second to the boxer in a contest under the jurisdiction of the Commission.

(f) A manager of boxers who is adjudged responsible for an offense of violence or conduct reflecting discreditably upon boxing may be subject to suspension or revocation of license, or both, by the Commission.

(g) A manager of boxers who has been suspended by the Commission or whose suspension in another jurisdiction is recognized in this Commonwealth will be prohibited from carrying on managerial activity and from acting as a second within the jurisdiction of the Commission.

(h) When a contest occurs in this Commonwealth, and a dispute arises between a manager and his boxer, the Commission may impound for a manager who is licensed in this Commonwealth or in another jurisdiction recognized by the Commission, upon the request of the manager, the proper portion of the purse of a boxer under contract to him pending final determination of the merits of the matter. If a boxer engages in a contest without the consent of his manager, the Commission may, at the request of a manager licensed in this Commonwealth or in another jurisdiction recognized by the Commission, impound the proper portion of the purse of a boxer under contract pending final determination of the merits of the matter.

The provisions of this § 21.9 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.9 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242855) to (242856).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.10 Seconds or trainers.

(a) The Commission will license professional boxing seconds after being satisfied of their good character, reputation and qualifications.

(b) Unless he is licensed also as a manager of professional boxers, a second may not act or attempt to act in a managerial capacity.

(c) The number of seconds attending a professional boxer in his ring corner shall be limited to a maximum of four.

(d) Seconds attending a professional boxer shall be neatly and cleanly attired in a manner subject to the approval of the Commission.

(e) First aid and other ring equipment of a second shall before, during and after use be subject to inspection by the attending physician and Commission personnel whose decision as to the propriety of its use is final.

(f) Seconds may not enter the ring during a round, and they shall leave the ring promptly, with stools, buckets and other obstructive equipment upon the sounding of the 10-second warning signal of the timekeeper for the start of the next round.

(g) Seconds shall remain seated at ringside and may not rise or lean upon the ring platform during rounds nor may they heckle the participants or the officials during the event.

(h) Seconds may not attempt to render aid to a fallen or otherwise injured boxer in the ring until the attending physician has examined the boxer and indicated that his seconds may minister to him. However, a second may remove the protective mouthpiece of the boxer without awaiting direction.

(i) The designated chief second shall be the only spokesman of a boxer to the referee and other officials while the boxer is in the ring.

(j) A second who is under suspension by the Commission or whose suspension in another jurisdiction is recognized in this Commonwealth will be prohibited from acting as a second within the jurisdiction of the Commission.

(k) A second will not be permitted to act as such during an event unless the second is wearing disposable latex hygienic gloves. Gloves shall be paid for and provided by the promoter.

The provisions of this § 21.10 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.10 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242856) to (242857).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.11 Referees.

(a) Professional boxing referees shall be licensed by the Commission and will be appointed by the Executive Director to officiate in each professional contest and exhibition under the jurisdiction of the Commission except exhibitions conducted solely for training or instruction purposes.

(b) To qualify as a professional boxing referee and to obtain a license in that capacity, an applicant shall conform to the following requirements:

(1) Be at least 21 years of age, of good moral character and reputation, of sound physical health and of a level of intelligence and degree of attainment as a student of boxing satisfactory to the Executive Director.

(2) Serve an apprenticeship of at least 3 months during which he shall diligently study the Athletic Code and this part, especially the portions that pertain to boxing and to the duties of boxing referees, and shall work with and undergo instruction under the direction of licensed officials under conditions and occasions the Commission designates.

(c) The powers and duties of a professional boxing referee shall be as follows:

(1) To exercise immediate authority, direction and control over each contest and exhibition to which he is appointed.

(2) To submit to physical examination at the discretion of the Executive Director.

(3) To wear in the ring apparel of a type, style and color approved by the Commission.

(4) To determine the identity of the chief seconds of the respective boxers and to give final instructions to the boxers and to their seconds as he deems appropriate before the start of each contest and exhibition under his direction; to hold the chief seconds responsible for their own conduct and for the conduct of their respective assistant seconds in all matters pertaining to the contest; and to remove or cause to be removed from the ring or the vicinity a manager, second, trainer or other person who interferes with the conduct of the contest. In addition to ejecting the individual, a referee may also deduct points from a boxer during a contest. Furthermore, the Commission may suspend or fine the manager, second or trainer or impose both a suspension and a fine.

(5) To check the gloves, equipment and persons of the boxers before the start of each contest and exhibition and as he sees fit throughout to assure that no unsafe or improper condition exists.

(6) To observe carefully and continually the physical condition of the participants and have full and final responsibility either at his own discretion, or upon direction from the attending physician, for the immediate halting of a contest when the safety of a boxer would be, for any reason, jeopardized by continuance.

(7) To exercise his full authority to interrupt the progress of a round in the event of injury to a participant by directing the timekeeper to stop the clock and calling the attending physician into the ring to examine and rule upon the condition of the injured boxer. If the physician determines that the boxer is fit to continue, the referee shall direct the timekeeper to start the clock and resume the round from the point of interruption. When an injury has resulted from an accidental or intentional foul by the opposing boxer, as listed in § 21.16(b) (relating to Safety Code), the referee upon advice of the attending physician may order a rest period not to exceed 5 minutes.

(8) To enforce the rules of professional boxing in Subpart B of the Athletic Code (relating to boxing), the referee’s manual and this part.

(9) To take away points from the score of the boxer in the event of foul tactics by the boxer at any time during a round in which the foul tactics have occurred. When he has taken action, he shall inform the judges, a Commissioner or the Executive Director and the chief seconds of the participants.

(10) To disqualify either or both participants in a contest for failure to perform according to due standards of effort, ability or conduct and to recommend the withholding of compensation otherwise payable to the disqualified boxer or the imposition of a fine, suspension or other penalties, or one or all of these penalties, as he deems appropriate.

(11) To collect and deliver the completed, signed, official scorecard of each judge to the Executive Director or an inspector after each round.

(12) To decide whether or not a boxer has been knocked down during the course of a round and indicate that decision to the timekeeper, whose count shall be accordingly continued or discontinued. If the count is to be continued, the referee shall pick it up verbally and by gesture after first making sure that the opponent of the fallen boxer has retreated to the neutral corner of the ring.

(13) To confirm the official result and whether it has been reached by decision on points, by knockout, by technical knockout or by disqualification to the Commission at the conclusion of each contest under his direction.

(d) A referee while officiating shall wear disposable latex hygienic gloves to be paid for and provided by the promoter.

The provisions of this § 21.11 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.11 adopted March 11, 1946; amended through November 1, 1966; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242857) to (242859).

This section cited in 58 Pa. Code § 23.6 (relating to referees).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.12 Judges.

(a) Professional boxing judges shall be licensed by the Commission. Three licensed judges shall be appointed by the Executive Director to officiate in each professional contest under the jurisdiction of the Commission. A licensed boxing referee may be appointed at any time to officiate in the capacity of boxing judge.

(b) To qualify as a professional boxing judge and to obtain a license in that capacity, an applicant shall conform to the following requirements:

(1) Be at least 21 years of age, of good moral character and reputation and of a level of intelligence and degree of attainment as a student of boxing satisfactory to the Executive Director.

(2) Serve an apprenticeship of at least 3 months, during which the applicantshall diligently study the Athletic Code and this part, especially the portions that pertain to boxing and to the duties of boxing judges, and shall work with and undergo instruction under the direction of the Executive Director.

(3) Have the intention to be qualified for duty as a professional boxing judge after undergoing observation and written or oral examination, or both, on the techniques and requirements of the position at the discretion of the Commission.

(4) Attend at least one seminar per year as directed by the Commission.

(c) It shall be the duty of a professional boxing judge to observe carefully and expertly the performance of the boxers in each contest to which he is appointed; to appraise the performances fairly and accurately in the light of Subpart B of the Athletic Code (relating to boxing), the judge’s manual and this part; to inscribe the results of the appraisal after each round on the official scorecard according to the scoring system adopted by the Commission; and at the conclusion of each round to complete and sign each official scorecard and deliver the completed, signed scorecard to the referee.

The provisions of this § 21.12 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.12 adopted March 11, 1946; amended through November 1, 1966; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (242860).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.13 Timekeepers.

(a) Timekeepers shall be licensed by the Commission and shall be appointed by the Executive Director to serve at professional contests and exhibitions.

(b) The timekeeper shall keep time by means of an accurate stop clock or stopwatch, and it shall be his responsibility to assure that the instrument is in good working order when it is to be used. The timekeeper shall sound the gong to begin and to end each round, and shall count for knockdowns by striking the floor of the ring or a suitable strikingboard with a hammer or wooden mallet. The timekeeper shall give warning to seconds of boxers to leave the ring between rounds by sounding a whistle signal 10 seconds before the end of the rest period, and shall give warning of the end of a round by striking a hammer on a strikingboard 10 seconds before striking the gong. The timekeeper may give no other signal or other information on the progress of a round.

(c) If a boxer falls to the floor of the ring or leaves the ring during the progress of a round, the timekeeper shall immediately begin the official count as set forth in subsection (a) and shall continue to the count of ten at the rate of one stroke per second unless the referee rules no knockdown and directs that the count be suspended.

(d) If a boxing bout terminates before completion of the final scheduled round, the timekeeper shall record the exact time of termination and shall inform the announcer and shall report to the Commission the exact duration of the bout.

(e) If a boxing bout terminates between rounds by direction of the referee or at the request of the chief second of one of the boxers, the timekeeper shall strike the gong to begin the succeeding round and the bout shall be ruled to have ended in the succeeding round by any decision the referee made.

The provisions of this § 21.13 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.13 adopted March 11, 1946; amended through November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242860) to (242861).

This section cited in 58 Pa. Code § 23.8 (relating to timekeepers).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.14 Insurance.

(a) Boxers engaged in professional contests and exhibitions under the jurisdiction of the Commission shall for their financial protection be covered by the most advantageous life and accident insurance contract available through negotiation and agreement by the Commission with a private insurance company approved by the Insurance Department to do business within this Commonwealth.

(b) The promoter of each professional event under the jurisdiction of the Commission shall deduct from the purse paid to the manager of the boxer the cost of the insurance for the boxer and shall pay to the Commission the full amount due in accordance with the current premium schedule. Failure to make immediate payment of insurance premiums as provided shall render the defaulting promoter eligible for suspension and license revocation.

(c) It shall be the responsibility of a boxer who suffers injury covered by insurance to report the injury promptly to the examining physician assigned to the event. The responsibility shall extend to the chief second of the injured boxer, as well as to other persons officially attached to the boxer. Failure to report to the examining physician or, if for any reason he is not readily available, to the Commission shall constitute grounds for suspension and license revocation.

(d) Upon receipt of notice of injury to a boxer, the examining physician shall make examination and investigation and shall promptly report pertinent findings to the Commission upon the official form provided for that purpose in the Medical/Safety Manual.

The provisions of this § 21.14 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.14 adopted March 11, 1946; amended through November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242861) to (242862).

This section cited in 58 Pa. Code § 23.9 (relating to insurance); and 58 Pa. Code § 25.10 (relating to insurance for kickboxers).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.15 State championships.

(a) The Commission will establish State boxing championships in the recognized weight classes.

(b) Contenders for championships shall have been bona fide residents of this Commonwealth for at least 6 months prior to engaging in competition for State championships.

(c) The Commission may fill a vacancy in the championships by designating the best available match between leading contenders in the weight class, as determined by the Commission’s ranking of boxers, and recognizing the winner as champion.

(d) A boxer who is recognized as a State champion shall defend his title against a Commission-approved challenger at least once each year or the Commission may declare the title to be vacated.

(e) If a boxer, having contracted to engage in a championship contest, fails or refuses the Commission’s drug test or violates a section of the Athletic Code in the course of the championship event, as determined by the Commission, the opponent in the contest will be declared the winner by default.

(f) A contest may not be advertised as a State championship without the written approval of the Commission, and a boxer may not be advertised as State champion unless so designated by the Commission.

(g) State championship contests shall be of 12 rounds scheduled duration unless otherwise determined by the Commission.

(h) Subject to § 21.4(b) (relating to conduct of contests), if the champion makes weight and the challenger does not, the fight may go on, subject to the approval of a commissioner or the Executive Director. The champion will retain the belt, regardless of the outcome of the contest. If the champion is overweight and the challenger makes weight, the contest may go on, subject to the approval of a commissioner or the Executive Director. The champion shall vacate the title regardless of the outcome, and the challenger will win the title only if he wins the contest. If both boxers are overweight the contest may go on as a nontitle contest, subject to the approval of a commissioner or the Executive Director, unless approval is given by both boxers and a commissioner or the Executive Director to box for the title.

The provisions of this § 21.15 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.15 adopted March 11, 1946; amended through November 1, 1966; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242862) to (242863).

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

58 Pa. Code § 21.16 Safety Code.

(a) The Commission, referees, all other ring officials and participating athletes, managers and seconds shall be aware of the safety provisions in the Athletic Code, its amendments and this part. In addition, they shall be constantly alert to every reasonable consideration of humanity and common sense which indicate and govern the actions of prudent individuals to minimize the risks inherent in boxing. The primary, inescapable responsibility of the Commission will be the protection of the athletes under its jurisdiction, and under no circumstances will this concern be subordinated to an interest of gain, sentiment or convenience. Parties involved in implementing this basic program shall be dedicated not only to the letter of the Athletic Code, its amendments and this part but at least equally to the exercise of initiative, resource, decision and unstinted effort in those unprecedented, unpredictable and unprovided emergencies which challenge the best in individuals at the brink of safety or tragedy, life or death.

(b) The following fouls and other unsportsmanlike practices are prohibited in boxing contests in this Commonwealth:

(1) Hitting below the belt.

(2) Tripping.

(3) Kicking.

(4) Butting.

(5) Kneeing.

(6) Throttling.

(7) Elbowing.

(8) Striking with the head, shoulder or forearm.

(9) Hitting with open glove, or the inside, side or wrist of the glove.

(10) Hitting on the back, especially the kidneys or back of the neck.

(11) Pivot blows.

(12) Pressing the face of an opponent with arm or elbow.

(13) Attacking while holding the ropes and making use of the ropes in any other unfair way for attack purposes.

(14) Pressing the head of an opponent over the ropes or against the turnbuckles or ring posts.

(15) Wrestling, lying on and throwing while in a clinch.

(16) Attacking a fallen opponent.

(17) Clinching, holding or locking the arms or head of an opponent, pushing a stiff arm underneath an arm of the opponent, holding and hitting.

(18) Pulling and hitting.

(19) Hitting on the break after a clinch.

(20) Ducking low to up-end an incoming opponent.

(21) Thumbing and gouging the eyes of an opponent, rubbing the face of an opponent with laces, adhesive tape or abrasive area of or substance on the gloves.

(22) Use of an ointment, powder or other substance intended or likely to cause danger or discomfort to an opponent.

(23) Biting.

(c) A commissioner or the Executive Director will strictly enforce the requirements with respect to the bandaging of hands of boxers, the purpose of the bandaging being at all times confined to the protection of the hands and never the enhancement of the effect of blows. A boxing glove in which the padding has been displaced or broken may not be used in a contest under the jurisdiction of the Commission.

(d) A boxer may not engage in a contest without wearing an abdominal guard or cup. A female boxer shall also wear a chest protector approved by the Commission. A boxer may not wear shoes with hard soles, hard or sharp edged heels, spikes, cleats or abrasive surfaces.

(e) If the gloves of a boxer touch the floor of the ring during a contest, the referee shall cleanse them of resin, grit and dirt by wiping them on his shirt or, if necessary, with a towel before allowing the action to continue.

(f) A commissioner or the Executive Director has authority to enter and inspect training quarters of boxers under the jurisdiction of the Commission to observe the conduct, facilities and cleanliness of the quarters and to appraise the activities and the physical condition of boxers during training.

(g) Every boxer under the jurisdiction of the Commission in undertaking to engage in a contest within this Commonwealth shall certify to the Commission that he is in sound physical condition and is not concealing an illness, injury or disability. This certification shall be set forth in a contract entered into with a promoter for a contest whether by the boxer in his own behalf or by a manager acting for him. If the boxer incurs an illness, injury or disability prior to the contest, he and his manager, if any, shall be strictly responsible for prompt and complete disclosure to the Commission.

(h) The mandatory eight-count rule shall be in effect in boxing contests within this Commonwealth. If the referee rules that a boxer has been knocked down, action may not be resumed until the referee has counted to eight even though the fallen boxer meanwhile has regained his feet. During this eight-count, the referee or ringside physician may terminate the contest if a boxer appears to be in physical danger.

(i) The three knockdown rule will not be in effect in boxing contests within this Commonwealth.

(j) If a boxer is knocked out, his consequent suspension prohibits him not only from boxing in actual competition, but also from sparring as a part of his training exercises. If a boxer is knocked unconscious during a contest, his seconds may not minister to him, except to remove his mouth protector, until the attending physician has examined him and given appropriate instructions for his further care. If a boxer receives a concussion, the boxer may not be permitted to box, even after the expiration of the medical suspension, until the boxer has been thoroughly examined and approved by a physician, who may be designated by the Commission.

(k) If a boxer has been a victim of repeated knockouts or the recipient of sustained severe punishment, or both, the Commission may revoke, suspend or refuse to renew his license after the boxer undergoes a medical examination by a physician under section 708 of the Athletic Code (relating to suspension and revocation for injuries). The Commission will notify a boxer in writing of its action. A boxer may request a hearing before the Commission to review the Commission’s action, under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies). The Commission will give full force and recognition within this Commonwealth to medical suspensions and retirements imposed upon boxers in other jurisdictions subject to the right of appeal of affected boxers to the Commission which shall seek and, if possible, obtain a complete record of the matter from the authority which imposed the original suspension or retirement before rendering a decision in any given case.

(l) If a boxer is legally knocked or falls from the ring during a contest, the boxer shall be allowed a maximum of 20 seconds to return within the ropes unassisted.

(m) If a boxer rises within the count of ten after being knocked down and then falls without being struck again, the referee shall resume the count at the point where it was stopped when the boxer rose.

(n) A protective regulation in this section or elsewhere in the Athletic Code or this part will not be waived or relaxed in any degree by a Commission official for a boxing contest in this Commonwealth. Championship contests will not fall within this prohibition.

The provisions of this § 21.16 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 21.16 adopted March 11, 1946; amended through November 1, 1966; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1760; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (242863) to (242864) and (251545) to (251546).

This section cited in 58 Pa. Code § 21.11 (relating to referees); 58 Pa. Code § 23.4 (relating to boxers); and 58 Pa. Code § 25.3 (relating to conduct of contests).

Referee Met Responsibility When Calling Knockout on Ten-Count Period

Professional boxer, challenging decision of boxing referee who called knockout in boxing match, was entitled only to 10-count period and therefore referee fulfilled his responsibility when he ended boxing match; 5-minute recovery time, allowed when boxer is knocked down due to accidental foul or accident, was not applicable since referee did not call knockout the result of accidental foul or accident. Terry v. State Athletic Commission, 873 A.2d 19, 24 (Pa. Cmwlth. 2005)

History

• Authority: The provisions of this § 21.
• Source: The provisions of this § 21.

Chapter 23 Amateur Boxing

58 Pa. Code § 23.1 Relations with amateur athletic associations.

(a) The Commission may collaborate through the local amateur athletic associations in the conduct of amateur events in this Commonwealth, at its discretion. At no time may the authority of the Commission or the responsibility of the Commission to enforce the Athletic Code be relinquished, delegated or impaired, by or through the processes of collaboration.

(b) When the Commission collaborates with an amateur athletic association in the conduct of an amateur event, the rules and regulations of the amateur athletic association relating to weight classes, ring and ring equipment, conduct of contests and scoring system shall be in effect. However, if a controversy arises in connection with a subject which is not covered by the express provisions of this chapter, the Commission will reserve the right to finally pass upon the matter and to make whatever decision it deems to be fair and equitable under the circumstances. The decision will be final.

The provisions of this § 23.1 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.1 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251547).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.2 Amateur events.

(a) An amateur event under the jurisdiction of the Commission may not be held without a permit for the event having been first secured by the sponsor from the Commission. Permits for amateur events shall be issued only to those sponsors approved by the Commission.

(b) The sponsor shall be responsible for the maintenance of order and the safety of persons present at each event under its sponsorship and it shall provide ample and effective police and fire protection at each event.

The provisions of this § 23.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.2 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251547) to (251548).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.3 Matchmakers.

(a) Matchmakers for amateur boxing events need not be licensed by the Commission, but their actions shall be subject to Commission approval.

(b) Matchmakers shall be familiar with the records, the abilities and the physical condition of the amateur boxers whom they propose to pair for bouts.

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.4 Boxers.

(a) The Commission will require each amateur boxer scheduled to appear in a contest under its jurisdiction to be examined by a physician.

(b) The Commission may suspend an amateur boxer who the Commission determines cannot safely defend himself or whose actions are deemed detrimental to the sport of boxing.

(c) Participants in amateur events under the jurisdiction of the Commission shall conform to the regulations set forth by the local amateur athletic associations.

(d) When deemed appropriate by the Commission, the provisions for professional boxers in § § 21.4(c) and (h), 21.6(g), 21.8(m)—(o) and 21.16 apply to amateur boxers.

The provisions of this § 23.4 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.4 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1342; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251548) to (251549).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.5 Seconds or trainers.

(a) The Commission will permit amateur boxing seconds to function only after they have been approved by the local amateur athletic associations. However, the Commission may designate a second if no second approved by the amateur athletic associations is available.

(b) The Commission may remove a second who displays improper conduct in the course of an event.

(c) First aid and other ring equipment of a second shall in all cases and at all times, before, during and after use, be subject to inspection by the attending physician and Commission personnel. Any decision as to the propriety of its use shall be final.

The provisions of this § 23.5 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

This section adopted March 11, 1946; amended through November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251549).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.6 Referees.

(a) Amateur boxing referees shall be appointed by the amateur athletic associations with the approval of the Commission. Referees may be removed by a commissioner, the Executive Director or an inspector at any time if deemed incompetent.

(b) A referee appointed under this section shall be 21 years of age or older, of good moral character and reputation, of sound physical health and approved by the amateur athletic association overseeing the event.

(c) The powers and duties of an amateur boxing referee shall be the same as those for professional boxing referees in § 21.11(a) (relating to referees), except that the referee shall enforce the rules of amateur boxing as set forth in the Athletic Code and this part as well as those rules adopted and promulgated by the amateur athletic associations.

(d) The Commission will determine the amount of the compensation of amateur boxing referees in accordance with reason and equity in the circumstances of the respective events to which they are appointed, and the compensation shall be paid in full in each case by the sponsor of the event.

The provisions of this § 23.6 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.6 adopted March 11, 1946; amended November 1, 1966; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1342; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251550) and (251551).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.7 Judges.

(a) An amateur boxing judge shall be appointed by the amateur athletic association with the approval of the Commission. A judge may be removed by a commissioner, the Executive Director or an inspector at any time if deemed incompetent.

(b) An amateur boxing judge shall be 21 years of age or older, and of good moral character and reputation.

(c) It shall be the duty of an amateur boxing judge to observe carefully and expertly the performances of the boxers in each contest to which he is appointed and to appraise the performances fairly and accurately.

The provisions of this § 23.7 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.7 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251551).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.8 Timekeepers.

(a) Timekeepers for amateur events may be appointed by the amateur athletic association with the approval of the Commission.

(b) The duties and responsibilities of timekeepers for amateur boxing events shall be the same as of timekeepers for professional contests in § 21.13 (relating to timekeepers).

The provisions of this § 23.8 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.8 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251551).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.9 Insurance.

(a) The sponsor of each amateur event shall ensure that all participants are covered by insurance. Costs associated with the insurance shall be the responsibility of the sponsor.

(b) Responsibilities with respect to the reporting, examination and investigation of injuries to amateur boxers shall be the same as those in § 21.14(c) and (d) (relating to insurance). However, when the requirements of these subsections are violated by unlicensed persons, the delinquent persons shall be eligible for disbarment from further connection with amateur and professional events under the jurisdiction of the Commission.

The provisions of this § 23.9 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.9 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251551) to (251552).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

58 Pa. Code § 23.10 Age of participation.

(a) A person between 12 and 17 years of age may participate in amateur contests or exhibitions after obtaining written permission from a parent or legal guardian, and the consent of the Executive Director.

(b) A person 12 to 16 years of age may not participate in a contest against an opponent who is more than 1 year older.

(c) The limitations in subsections (a) and (b) do not apply to sanctioned events for the Junior Olympics under the direction of a National governing organization certified by the Commission.

(1) For the purposes of the Junior Olympic events, participants, with the written permission of a parent or legal guardian, may box only in the following age divisions:

(i) Ten and eleven years of age.

(ii) Twelve and thirteen years of age.

(iii) Fourteen and fifteen years of age.

(2) A participant may not take part in any event outside of the approved division for that age group.

The provisions of this § 23.10 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 23.10 adopted March 11, 1946; amended November 1, 1966; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251552).

History

• Authority: The provisions of this § 23.
• Source: The provisions of this § 23.

Chapter 25 Professional Kickboxing

58 Pa. Code § 25.1 General provisions.

Chapter 21 (relating to professional boxing) is applicable to professional kickboxers except if otherwise provided in this chapter.

This section cited in 58 Pa. Code § 27.1 (relating to general provisions).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.2 Weight classes.

(a) The weight classes of professional kickboxers shall be as follows:

(1) Atomweight—112.9 pounds and under (51.3 kg and below).

(2) Flyweight—113 to 118 pounds (51.4—54.0 kg).

(3) Bantamweight—119 to 125.9 pounds (54.1—57.2 kg).

(4) Featherweight—126 to 132.9 pounds (57.3—60.4 kg).

(5) Lightweight—133 to 139.9 pounds (60.4—63.6 kg).

(6) Light Welterweight—140 to 147.9 pounds (63.6—67.2 kg).

(7) Welterweight—148 to 155.9 pounds (67.3—70.8 kg).

(8) Light Middleweight—156 to 163.9 pounds (70.9—74.5 kg).

(9) Middleweight—164 to 171.9 pounds (74.6—78.1 kg).

(10) Light Heavyweight—172 to 179.9 pounds (78.2—81.5 kg).

(11) Heavyweight—180 to 194.9 pounds (81.5—88.3 kg).

(12) Super Heavyweight—Over 195 pounds (Over 88.3 kg).

(b) Unless otherwise approved by the Commission after consideration for the health, safety and comparative skill of the boxers, only boxers who are in the same weight class set forth in subsection (a) may participate in a contest or exhibition.

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.3 Conduct of contests.

(a) A contestant will be given a physical examination by a Commission licensed physician at least 2 hours before the event. The results of the examinations shall be set forth in writing on Commission approved forms. If, in the opinion of the physician, a boxer is physically or mentally unfit to proceed, the physician shall notify the person in charge, who shall immediately cancel the contest or exhibition.

(b) A contest may not exceed 12, 3-minute rounds, with a minute rest period between rounds.

(c) A contestant intentionally avoiding physical contact with an opponent will receive a warning. If a contestant continues to avoid physical contact with the opponent after receiving a warning during that round, the contestant will be declared the loser of that round. If a contestant continues to avoid physical contact either in the same round or in the following rounds, the contestant may be subject to the same penalties and procedures as a contestant using foul tactics. (See § 25.6 (relating to fouls).)

(d) If a contestant refuses to continue a contest while physically able to do so, the referee shall disqualify the contestant, award the contest to the opposing contestant and report the incident to the Commission. The purse of the disqualified contestant may be impounded by the Commission pending a hearing on the disposition thereof.

(e) As soon as a contestant has been knocked down, the official timekeeper shall begin calling the count from 1 to 10. The referee shall direct the opponent to a neutral corner. Regardless of whether the boxer rises before the count of 10 is reached, a boxer who has been knocked down is required to take a mandatory count of 8 before the contest may continue.

(f) If a contestant who is down rises before the count of 10 is reached and immediately goes down again without being struck, the referee shall resume the count where it was left off.

(g) If both contestants go down at the same time, counting will be continued as long as one of them is down. If one contestant rises before the count of 10, and the other contestant remains down after the count of 10, the first contestant to rise shall be declared the winner by knockout. If both contestants rise before the count of 10, the clock shall be stopped until an examination is completed. If both contestants stay down for a count of 10, the contest will be stopped and the decision will be a technical draw.

(h) Before a fallen contestant can resume fighting after having slipped, fallen or been knocked to the floor, the referee shall wipe the contestant’s gloves free of foreign substances, in the manner articulated in § 21.16(e) (relating to Safety Code).

(i) If a contestant has been wrestled, pushed or has fallen through the ropes during a contest, the referee shall call time-out and allow the contestant to return to the ring. If there is a question of a contestant’s ability to return to the ring, the referee shall ask the ringside physician to examine the contestant. The physician shall decide if the contestant is able to continue. If the contestant is able to continue, the contestant may be assisted up into the ring by his chief second only. The chief second is not permitted to perform other tasks at this time.

The provisions of this § 25.3 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.3 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (253156) and (251555).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.4 Judging and scoring system.

(a) Each event, except those held solely for training purposes, shall be scored by three judges. The three judges of an event shall each select a winner of each round at the end of each round, marking their ballots accordingly. Ballots will be supplied by the promoter. These ballots will be collected by the referee and tabulated at the end of each round by the scorekeeper. Fractions of a point may not be given. Once the ballots have been marked by the respective judges, changes to the ballots will not be allowed.

(b) Judges shall score rounds by recording a score of ten points for the winner of each round and nine points or less to the loser of the round. Judges may score a round as even and thus shall mark their scorecards with ten points for each boxer.

(c) Examples of ten-point scoring are as follows:

(1) 10-10 Indicates an even round. Neither contestant distinguished himself as being more effective than the other. In addition, the contestants appeared equal in the areas that may be used to break an even round, such as opponent control, ring strategy and overall conditioning and abilities as a complete kickboxing contestant, with emphasis on kicking ability.

(2) 10-9 Indicates one contestant distinguished himself as the more effective contestant during the round, as described in this section. This score is the most often used, and allows for a slight to considerable margin between the contestants. One contestant may have been only slightly better than the other or he may have dominated the round without really stunning the other contestant.

(3) 10-8 Used sparingly, but indicates a round in which one contestant was in constant control, and unquestionably outclassed his opponent. This contestant shall also have obviously stunned his opponent, usually including at least one knockdown or standing eight-count. If there were no knockdowns or standing eight-counts, one of these occurrences shall have been imminent.

(d) Points shall be totaled on each judge’s scorecard to determine that judge’s selection of a winner. Each judge’s selection will count as one vote towards determining the overall winner of the contest. If two judges have an equal number of points for both contestants, the contest will be declared a draw. If one judge has an equal number of points for both contestants and the scores of the other judges each favor a different contestant, the contest shall be declared a draw. If the scores of two judges favor one contestant and the third judge’s score favors the other contestant, the contestant receiving the two votes shall be declared the winner, by split decision. If the scores of all three judges favor one contestant, that contestant will be declared the winner by unanimous decision.

The provisions of this § 25.4 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.4 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251555) to (251556).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.5 Minimum kick requirement.

(a) Each contestant shall execute a minimum of eight kicking techniques during the course of each round, unless otherwise agreed to by both boxers and a commissioner or the Executive Director. The kicks shall be clear attempts to make contact with the opponent above the waist to qualify. If a contestant does not execute his minimum kicks per round (MKRS), the contestant then shall make up the kicks in the next round, and if he does not, he will have a one point deduction.

(b) An example of minimum kick technique scoring is as follows: First round contestant only executes six kicks. In the second round this contestant shall make up his two kicks from round one plus his eight minimum kicks for round two for a total of ten kicks. If a contestant fails to make the minimum number of kicks in one round, and then fails to make up the kicks in the following round, that contestant will then be penalized one point. A contestant who fails to meet his MKRS in three consecutive rounds shall be disqualified and the victory awarded to his opponent.

(c) The public address announcer will inform the audience of minimum kicking requirement (MKR) violations. The Commission will apply these MKRS rules or the MKRS rules of a Nationally recognized kickboxing council or association for a particular contest, subject to the written approval of the Commission.

(d) One MKR official shall be assigned to each contestant in a contest. The official shall be positioned at ringside and is responsible to count, in order, the number of qualifying kicks executed by the contestant. The MKR official assigned to contestant A will sit opposite contestant A’s corner, and the MKR official assigned to contestant B will sit opposite contestant B’s corner. Both officials will keep track of the number of kicks executed by their assigned contestant with hand held cards. If a contestant executes fewer than the minimum number of required kicks in one round, the MKR official for that contestant will immediately notify the referee of the number of kicks thrown.

(e) At the end of each round the referee will take the judges’ ballot slips and deliver them to a commissioner or the Executive Director for tabulation of the results onto a master scorecard.

The provisions of this § 25.5 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.5 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251556) to (251557).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.6 Fouls.

(a) The referee shall determine all fouls based on the severity of the foul, the intent of the contestant committing the foul and the result of the foul. At the time of the infraction, the referee shall indicate to the judges the number of points that are to be subtracted from each boxer. The referee may simply issue a warning to the contestant, and no points will be subtracted.

(b) Accidental or intentional fouls will be governed under the regulations regarding accidental or intentional fouls in professional contests in § 21.5(d), (e) and (f) (relating to scoring system). The following actions are considered to be fouls:

(1) Striking with the elbow.

(2) Striking or kicking to the groin or any area below the waist.

(3) Attacking with a knee.

(4) Intentional striking or kicking to the back of the neck or throat.

(5) Striking to the face with a part of the arm other than the gloved hand.

(6) Linear, or straight-in, striking or kicking to the spine.

(7) Kicking to the legs.

(8) Punching or kicking of the contestant when he is down. A contestant is knocked down when any part of the contestant’s body other than the feet touches the floor. If a contestant is on his way to the floor, the opponent may continue the attack until the contestant has touched the floor with any part of his body other than the feet.

(9) Takedowns.

(10) Intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body.

(11) Illegal sweeping—a kick in which the leg is swept in a roundhouse motion.

(12) Attacking on the break when both contestants have been ordered to take one step back by the referee.

(13) Attacking after the bell has sounded to end the round.

(14) Holding and hitting; such as holding with one hand, especially behind the neck, and hitting with the other.

(15) Grabbing or holding onto an opponent’s foot or leg, followed by a takedown, strike or kick.

(16) Holding the ropes with one hand while kicking, punching or defending with the other hand or the legs.

(17) Leg checking by extending the leg to check an opponent’s leg to prevent him from kicking. The checked kick will be counted by the minimum kicking requirement (MKR) official as an attempted kick.

(18) Purposely going down without being hit. This will result in the referee automatically administering an eight-count, as specified in the rule on knockdown.

(19) The use of abusive language in the ring or corner, as determined by the referee.

(20) Hitting or flicking with an open glove.

(21) Intentionally evading contact.

(22) Clinching, holding or otherwise tying up an opponent’s arms to prohibit him from punching for two seconds or more, or repeatedly tying up the opponent’s arm.

(23) Biting.

(c) If the contest ends in a knockout or a technical knockout, the Commission will enter the exact time of the knockout or technical knockout on the master scorecard.

(d) The Commission will make the final tallies and verify the accuracy of the scores.

The provisions of this § 25.6 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.6 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251557) to (251559).

This section cited in 58 Pa. Code § 25.3 (relating to conduct of contests).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.7 Sanctions for using foul tactics.

The referee may disqualify a contestant who uses foul tactics in a contest. In addition, the Commission may order the withholding of the contestant’s purse under 5 Pa.C.S. § 1523 (relating to withholding of purses), subject to the hearing and disposition procedures in 5 Pa.C.S. § § 1524 and 1525 (relating to hearing regarding withheld purse; and disposition of withheld purse). The Commission may also order the preliminary suspension of the contestant’s license under 5 Pa.C.S. § 1303 (relating to preliminary suspension of licenses or permits). Under that section, the Commission will hold a hearing within 10 business days of the date on which the license was suspended preliminarily. Hearings will be conducted under 2 Pa.C.S. (relating to administrative law and procedure).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.8 Equipment.

(a) Contestants shall wear foot protectors, an individually fitted mouthpiece, a foul proof groin protector, a plastic cup with athletic supporter or preferably, an abdominal guard. Other equipment, such as hockey shin guards, elbow or forearm pads are not permitted. Loose or untied clothing is not permitted. Kickboxers may not wear rings or other jewelry.

(b) Contestants shall wear a uniform which shall include long pants that reach the ankle. The uniform shall be clean and not torn or frayed. Only black belts will be permitted to be worn in the ring. Loose or untied clothing is not permitted. Uniforms are subject to inspection by the referee and the Commission.

(c) In contests or exhibitions when the contestants weigh 150 pounds or under, boxing gloves weighing at least 8 ounces each shall be used. In contests or exhibitions when the contestants weigh over 150 pounds, boxing gloves weighing at least 10 ounces each shall be used. Gloves shall be supplied by the promoter and be in good condition without tears or wrinkles.

(d) The wrapping of the hands is mandatory. Hands shall be wrapped with soft, surgical gauze no more than 2 inches wide and not longer than 10 yards. Tape is not allowed between fingers. Each hand is allowed only one cross (X) across the back of the hand and two wraps around the wrist.

(e) Contestants are required to wear foot protectors. Only two windings of tape are permitted around the foot to hold the foot protector in place. Ankle supporters may be secured to the foot with no more than four windings of surgeon’s adhesive tape. Hand and foot wraps are subject to Commission inspection and approval.

The provisions of this § 25.8 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.8 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251559) to (251560).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.9 Ringside officials.

(a) At kickboxing events except those held solely for training purposes, there shall be a referee, three judges, a timekeeper, a scorekeeper, two minimum kicking requirement (MKR) officials and a physician in attendance. Officials shall be approved and licensed by the Commission. The promoter shall supply the Executive Director with a complete list of ringside officials at least 5 days before the scheduled event.

(b) Professional MKR officials and scorekeepers shall be licensed by the Commission as judges. The amount of compensation for these officials shall be determined and paid by the promoter of the event.

(c) Referees and judges shall be approved and licensed by the Commission and be at least 21 years of age, of good moral character and reputation, of sound physical health and of a level of intelligence and knowledge of kickboxing satisfactory to the Executive Director.

(d) Kickboxing referees shall be paid a minimum of $100 for each event by the promoter. Judges shall be paid a minimum of $75 for each event by the promoter.

(e) The amount of compensation for timekeepers will be determined and paid by the promoter of the event.

(f) There shall be at least one physician at all kickboxing events. This physician, who shall be seated at ringside, shall be licensed by the Commission.

(g) Physicians shall be paid a minimum of $100 per event by the promoter.

The provisions of this § 25.9 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 25.9 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251560).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.10 Insurance for kickboxers.

A kickboxer shall be covered by insurance available through the Commission in accordance with the provisions detailing insurance coverage provided for professional boxers at § 21.14 (relating to insurance).

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

58 Pa. Code § 25.11 Safety code.

(a) A kickboxing event may not be started unless there is on the premises:

(1) An ambulance, together with emergency equipment.

(2) A portable resuscitator with oxygen and appropriate endotracheal tubes and a qualified operator.

(b) A contestant is not permitted to begin a round without a fitted mouthpiece. Failure to begin a round with the mouthpiece inserted shall be deemed by the referee to be a ‘‘delay of bout’’ foul, and shall draw a warning or penalty as determined by the referee.

(c) Whenever a mouthpiece is knocked out by a fair blow or a foul tactic, or whenever the mouthpiece is dropped or spit out by the contestant, the referee shall call time out, stop the bout, allow the contestant’s seconds to clean off the mouthpiece and replace the mouthpiece. Willful dropping or spitting out of the mouthpiece by a contestant shall also be deemed a ‘‘delay in bout’’ foul and the contestant shall be penalized accordingly by the referee.

(d) The promoter shall provide at kickboxing events an adequate supply of latex, disposable, hygienic laboratory gloves of a type approved by the Commission, to be worn by the seconds, referees and others having direct contact with the contestants during the kickboxing event. A kickboxing referee is not permitted to enter the ring unless the referee is wearing hygienic gloves. A second is not permitted to work in that capacity during a kickboxing event unless the second is wearing hygienic gloves. No other individual is permitted to examine or medically treat a kickboxer during a kickboxing event unless he is wearing hygienic gloves except where the nature of treatment or examination makes the wearing of hygienic gloves impractical during the procedure.

History

• Authority: The provisions of this Chapter 25 issued under 5 Pa.
• Source: The provisions of this Chapter 25 adopted October 22, 1993, effective October 23, 1993, 23 Pa.

Chapter 27 Amateur Kickboxing

58 Pa. Code § 27.1 General provisions.

Except for § 25.1 (relating to general provisions), Chapter 25 (relating to professional kickboxing) applies to amateur kickboxing unless otherwise provided in this chapter.

The provisions of this § 27.1 issued under 5 Pa.C.S. § 103(b)(1).

The provisions of this § 27.1 adopted October 22, 1993, effective October 23, 1993, 23 Pa.B. 5081, unless otherwise noted.

History

• Authority: The provisions of this § 27.
• Source: The provisions of this § 27.

58 Pa. Code § 27.2 Licensing and age requirements.

(a) Amateur contestants and amateur officials need not be licensed.

(b) A person between 12 and 17 years of age may participate in amateur contests or exhibitions after obtaining written permission from a parent or legal guardian, and the consent of the Executive Director.

(c) A person 12 to 16 years of age may only participate in these contests with a person not more than 1 year older.

(d) The limitations in subsections (a) and (b) do not apply to sanctioned events for the Junior Olympics under the direction of a National governing organization certified by the Commission.

(1) For the purposes of the Junior Olympic events, participants, with the written permission of a parent or legal guardian, may box only in the following age divisions:

(i) Ten and eleven years of age.

(ii) Twelve and thirteen years of age.

(iii) Fourteen and fifteen years of age.

(2) A participant may not take part in any event outside of the approved division for that age group.

The provisions of this § 27.2 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 27.2 adopted October 22, 1993, effective October 23, 1993, 23 Pa.B. 5081; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251563).

History

• Authority: The provisions of this § 27.
• Source: The provisions of this § 27.

58 Pa. Code § 27.3 Conduct of contests.

(a) Amateur contestants shall wear headgear and appropriate shin protectors.

(b) Each amateur contestant shall execute a minimum of six kicking techniques during the course of each round.

(c) Amateur contests shall consist of a maximum of three 2-minute rounds unless approved in advance by the Commission.

The provisions of this § 27.3 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 27.3 adopted October 22, 1993, effective October 23, 1993, 23 Pa.B. 5081; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial page (251563).

History

• Authority: The provisions of this § 27.
• Source: The provisions of this § 27.

Subpart C Wrestling

Chapter 31 Professional Wrestling

58 Pa. Code § 31.21 Conduct of contests.

(a) Before a professional wrestling contest or exhibition can take place the following requirements shall be met:

(1) A physician shall be present at all times and seated at ringside to observe the physical condition of all participants. The physician’s fee shall be paid by the promoter of the event.

(2) An ambulance or paramedical unit shall be present at the event unless the ambulance or paramedical unit is located within 5 miles of the arena and these units have been notified, by the promoter, that an event is taking place.

(3) Adequate security shall be employed to control the public. The size of the security force is at the discretion of the promoter and the owner or operator of the arena.

(b) The following represent prohibited acts:

(1) The owner or operator of an arena where a professional wrestling event takes place may not destroy a ticket or ticket stub until 3 months after the date of the event.

(2) Wrestlers may not deliberately cut or otherwise mutilate themselves.

The provisions of this § 31.21 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 31.21 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

History

• Authority: The provisions of this § 31.
• Source: The provisions of this § 31.

58 Pa. Code § 31.22 Promoters.

(a) Promoters of professional wrestling events shall be licensed by the Commission prior to promoting any type of wrestling contest or exhibition. Licenses expire on December 31 of the year of issue. The Commission will not issue or renew a promoter’s license to a person who has been convicted, pleaded guilty or nolo contendere to an offense in section 2101 of the Athletic Code (relating to promoter’s license), during the 10 years preceding the application date.

(b) Promoters shall file with the Commission a bond of at least $10,000 prior to promoting or advertising any type of wrestling contest or exhibition. Bonds shall be on forms supplied by the Commission and shall be accompanied by a filing fee of $25.

(c) At least 10 days before the date of a wrestling contest or exhibition, the promoter shall notify the Commission, in writing, of the date, time and location of the event.

(d) Upon conviction of a promoter for a violation of Chapter 21 of the Athletic Code (relating to regulation of professional wrestling contests and exhibitions), the Commission will suspend the promoter’s license in accordance with the Athletic Code.

(e) A promoter may not employ as a participant in a wrestling contest or exhibition an individual under 18 years of age.

The provisions of this § 31.22 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 31.22 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

History

• Authority: The provisions of this § 31.
• Source: The provisions of this § 31.

58 Pa. Code § 31.23 Enforcement.

The Executive Director may send an inspector to any professional wrestling event or exhibition to be admitted by the promoter without fee to ensure compliance with this subpart and Subpart C of the Athletic Code (relating to Wrestling Act). The promoter shall pay a fee of $100 to the Commission within 10 days after the event for each wrestling event to which an inspector is sent.

The provisions of this § 31.23 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 31.23 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

History

• Authority: The provisions of this § 31.
• Source: The provisions of this § 31.

58 Pa. Code § 31.24 Gross receipts taxes.

(a) Every promoter shall pay a tax of 5% on the face value of all tickets sold to any wrestling contest or exhibition.

(b) This tax shall be paid within 10 days after the event and shall be accompanied by a gross receipts tax form, prescribed by the Commission, setting forth all taxable receipts received from the event and any other information the Commission may require. Payment not received by the Commission within the 10-day period shall be subject to a late fee of $100.

The provisions of this § 31.24 amended under the Athletic Code, 5 Pa.C.S. § 103(b)(1).

The provisions of this § 31.24 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443.

History

• Authority: The provisions of this § 31.
• Source: The provisions of this § 31.

Subpart D Athletic Agents

Chapter 41 Athletic Agents—Statement of Policy

58 Pa. Code § 41.1 Athletic agents required to register.

This chapter announces the Commission’s interpretation of 5 Pa.C.S. Part II (relating to athletic agents). The Commission interprets 5 Pa.C.S. § 3301 (relating to athletic agent registration) as requiring all athletic agents, whether or not they reside in this Commonwealth, to register with the Commission when they directly or indirectly serve or offer to serve as an athletic agent, as defined in 5 Pa.C.S. § 3102 (relating to definitions), for any athlete located in this Commonwealth.

History

• Source: The provisions of this Chapter 41 adopted September 3, 1999, effective September 4, 1999, 29 Pa.

58 Pa. Code § 41.2 Evidence of acting as athletic agent.

The signing of an agent contract, as defined in 5 Pa.C.S. § 3102 (relating to definitions), will be regarded as evidence of acting as an athletic agent, unless the athletic agent can prove that no contacts of any kind were made in this Commonwealth. This would include any means of direct or indirect contact, including telephonic, electronic, mail, electronic mail or personal contact.

History

• Source: The provisions of this Chapter 41 adopted September 3, 1999, effective September 4, 1999, 29 Pa.

58 Pa. Code § 41.3 Professional sports services contracts with Commonwealth sports teams or promoters.

The Commission interprets 5 Pa.C.S. § 3302(d) (relating to application for registration) as requiring all out-of-State athletic agents to register with the Commission when they negotiate any professional sport services contract for all athletes, whether or not they are located within this Commonwealth, who perform with a professional sports team or a promoter in this Commonwealth. Under 5 Pa.C.S. § 3302(d)(2), an out-of-State agent representing an athlete is required to notify the Commission within 7 days of commencing negotiations for a sports services contract with a Commonwealth professional sports team or promoter. Under 5 Pa.C.S. § 3302(d)(3), the out-of-State agent representing an athlete is required to complete a registration application within 30 days of commencing negotiations for a sports services contract with a Commonwealth professional sports team or promoter.

History

• Source: The provisions of this Chapter 41 adopted September 3, 1999, effective September 4, 1999, 29 Pa.

Part II Fish and Boat Commission

Subpart A General Provisions

Chapter 53 Commission Property

58 Pa. Code § 53.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Commission property—Includes either of the following:

(i) Property owned or leased by the Commission.

(ii) Property controlled by the Commission or held open to public use under an agreement conferring sufficient jurisdiction on the Commission to publish regulations under 30 Pa.C.S. § 741 (relating to control of property). Fishing tournament—An organized event where two or more individuals fish during a specified time period. An activity that involves any of the following factors is considered a fishing tournament:

(i) The event is sponsored or promoted by an individual or organization.

(ii) The event involves the award of trophies, prizes or other recognition to participants for catching fish during the tournament.

(iii) The sponsors or promoters of the event have their own rules or requirements for participants in the tournament.

The provisions of this § 53.1 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088. Immediately preceding text appears at serial page (108025).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.2 Camping and cooking.

Except as otherwise provided in subsection (b), it is unlawful for a person to camp overnight on or in Commission-owned or -controlled property or waters, to erect a tent or other device used for or capable of being used for cooking or sleeping or to build or maintain open fires on the property.

The provisions of this § 53.2 amended under section 741 of the Fish and Boat Code (30 Pa.C.S. § 741).

The provisions of this § 53.2 amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6968. Immediately preceding text appears at serial pages (280018).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.3 Littering, abuse and destruction.

(a) It is unlawful to deposit a substance on Commission property except in containers provided for disposal. It is unlawful for a person to deposit on Commission-owned property a substance accumulated at any place other than Commission property.

(b) It is unlawful to remove or deface a sign, poster or property; to damage lands, fixtures, devices or structures; or to interfere with the flow of water over or through a structure owned, leased or controlled by the Commission.

<>(c) It is unlawful for a person to remove flowers, plants, shrubs or trees on Commission-owned or -controlled property except in compliance with a permit issued by the Executive Director.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.4 Limiting access to Commission property and other restrictions.

(a) Commission-owned or -controlled property, including Commission lakes and access areas, may be closed to the public during hours as the Executive Director may direct. The Executive Director will publish a notice in the Pennsylvania Bulletin and will cause the hours to be posted at the site. Time restrictions imposed under this subsection will be effective when posted at the site. It is unlawful for any person to enter or remain upon Commission property during the times it is closed to public use, without the express written consent of the Executive Director or a designee.

(b) The Executive Director or a designee may issue an order barring any person from entering or remaining upon a named Commission property when the Executive Director finds that the presence of the person on Commission property constitutes a substantial disruption of Commission operations or a reasonable threat to the health and safety of Commission personnel or other persons who are engaged in other lawful uses of the property. Orders issued under this subsection may be appealed to the Commission under 1 Pa. Code § 35.20 (relating to appeals from the actions of the staff).

(c) The Executive Director may impose additional restrictions on the use of Commission property, including prohibitions on use or possession of beer and alcoholic beverages and restrictions on fires at times and for periods as the Director deems appropriate for the protection and management of Commission-owned or -controlled property. The Executive Director will publish a notice in the Pennsylvania Bulletin and will cause the additional restrictions to be posted at the site. Additional restrictions imposed under this subsection will be effective when posted at the site. It is unlawful to violate restrictions imposed by the Executive Director on behalf of the Commission under this subsection.

The provisions of this § 53.4 amended under 30 Pa.C.S. § § 741 and 2711.

The provisions of this § 53.4 amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013. Immediately preceding text appears at serial page (263719).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.5 Hunting and trapping.

Legal hunting and trapping are permitted on property owned or controlled by the Commission in conformance with 34 Pa.C.S. (relating to Game and Wildlife Code) and Part III (relating to Game Commission) unless otherwise posted.

The provisions of this § 53.5 amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859. Immediately preceding text appears at serial pages (325051) and (325052).

This section cited in 58 Pa. Code § 53.7 (relating to use of firearms).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.6 Miscellaneous prohibitions.

(a) It is unlawful to fish from the breast of a dam on Commission owned or controlled properties where so posted.

(b) It is unlawful to trespass on Commission owned or controlled property where so posted.

(c) It is unlawful to swim in waters on Commission owned or controlled property unless otherwise posted.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.7 Use of firearms.

It is unlawful for any person to carry or use firearms on Commission owned or controlled properties except for persons:

(1) Engaged in lawful hunting and trapping under § 53.5 (relating to hunting and trapping).

(2) Licensed to carry firearms under 18 Pa.C.S. § 6109 (relating to licenses) or authorized to do so in conformance with 18 Pa.C.S. § 6106 (relating to firearms not to be carried without a license).

The provisions of this § 53.7 amended under 30 Pa.C.S. § 2102.

The provisions of this § 53.7 amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended December 22, 2006, effective January 1, 2007, 36 Pa.B. 7850. Immediately preceding text appears at serial page (296288).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.8 Boats.

(a) An internal combustion engine may not be used to propel a boat or to provide energy to the motor on Commission lakes. Boats propelled by battery-powered electric motors and nonmechanically propelled boats, subject to restrictions on sailboats and inflatables, may be used either with or without internal combustion engines attached. Boats propelled by battery-powered electric motors shall not be operated at greater than slow no wake speed. Notwithstanding this subsection, internal combustion engines may be used in the performance of official duties by persons authorized by the Commission.

(b) Overnight mooring of boats is permitted at designated mooring areas from March 1 to November 30. A boat utilizing mooring areas shall be registered and display the official registration number and current validation stickers described under Subpart C (relating to boating) and Part III of the code (relating to boats and boating). The mooring is at the sole risk of the owner.

(c) The Commission may refuse to permit the mooring of a boat considered unseaworthy. Boats may not be rented or offered for hire at Commission lakes except for boats owned and moored by authorized concessionaires.

(d) Boats abandoned, sunken, obviously unseaworthy or unidentifiable will be impounded. The district waterways conservation officer will notify the owner, if known, of the impoundment and require the removal of the vessel within 10 days. Impounded vessels will be sold or destroyed if not claimed by the owner within 3 months.

(e) Boats may not remain at boarding piers on Commission lakes or controlled property longer than the time necessary for loading and unloading.

(f) A boat using a Commission lake or access area must be registered and display the official registration number and current validation stickers described under Subpart C and Part III of the code.

(1) This subsection does not apply to:

(i) Unpowered boats that display an official and valid use permit issued by the Commission under § 53.27 (relating to use permits for unpowered boats) or that display an official and valid watercraft launch or mooring permit issued by the Department of Conservation and Natural Resources for use of launch or mooring facilities at this Commonwealth’s State parks and forests.

(ii) Noncommercial users of access areas on the West Branch of the Delaware River and the portion of the Delaware River upstream of the Interstate 84 Bridge.

(iii) Unpowered public service boats as defined under section 5302(c)(2) of the code (relating to exemptions from registration).

(iv) Unpowered boats participating in events authorized under § 109.6 (relating to special marine events).

(2) Registered unpowered kayaks, sculls, sailboards and other low volume boats of similar design are exempt from displaying registration numbers but shall display a current validation sticker.

The provisions of this § 53.8 issued under 30 Pa.C.S. § § 305, 322, 741, 742(e), 928, 2102, 2307, 2711 and 5122—5124; amended under 30 Pa.C.S. § § 741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 53.8 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended October 14, 1994, effective October 15, 1994, 24 Pa.B. 5231; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended January 2, 1998, effective January 1, 1998, 28 Pa.B. 30; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1068; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3205; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1228; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7083; amended March 25, 2016, effective March 26, 2016, 46 Pa.B. 1549; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7381. Immediately preceding text appears at serial pages (393590) to (393592).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.9 Ice shanties.

Only ice fishing shanties or shelters of a type which can be taken onto the ice and removed when fishing for a day is finished are allowed. No shelters may remain unattended on the ice or stored on Commission property.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.10 Vehicles.

(a) Registration required. Vehicles properly registered in conformity with 75 Pa.C.S. (relating to the Vehicle Code), except all terrain vehicles (ATVs), are permitted on Commission-owned or -controlled property on those areas that are open to vehicular traffic, such as roadways, driveways, launch ramps and designated parking areas.

(b) Prohibited vehicle operations. It is unlawful to operate a vehicle on Commission property as follows:

(1) Off-road or on roads not open to the public.

(2) In a manner not in conformity with 75 Pa.C.S.

(3) In a negligent or reckless manner.

(4) In a manner that obstructs or impedes free public access to driveways, access roads and launching ramps.

(5) In a manner not in conformity with posted traffic control signs or devices.

(6) On forest lands, grass areas, wetlands and lands under cultivation.

(7) On frozen lakes, ponds, rivers and streams.

(c) Parking regulations. It is unlawful to park a vehicle on Commission property except in a designated parking area. It is unlawful to park in an area designated for handicapped parking unless the vehicle clearly displays a disability plate or disability parking placard.

The provisions of this § 53.10 amended under 30 Pa.C.S. § 741.

The provisions of this § 53.10 amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013. Immediately preceding text appears at serial pages (263721) to (263722).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.11 Off-highway vehicles, snowmobiles and mobility devices.

(a) General rule. Except as provided in subsection (c), the use of off-road motorized vehicles is prohibited on Commission-owned or -controlled property. As used in this subsection, ‘‘off-road motorized vehicle’’ means a motorized vehicle specifically designed for this use. The term includes trail bikes, Tote Gotes, all-terrain vehicles, air cushioned vehicles, track vehicles and hydrofoils. The term does not include a vehicle licensed or registered for on-road use, such as a 4 by 4 sport utility vehicle, and the like.

(b) Snowmobiles. It is unlawful to operate a snowmobile on Commission-owned or -controlled property except in areas designated for use by the Executive Director and so posted. The Commission will maintain a list of areas when use is permitted. In those areas where use of snowmobiles is permitted, the following conditions apply:

(1) Snowmobiles may be loaded or unloaded in Commission parking areas unless otherwise posted.

(2) Snowmobiles may be operated in parking areas only for the purpose of direct access and egress to other areas where operation is permitted. Parking areas may not be used for general snowmobile operation.

(3) The operation of snowmobiles on Commission-owned and -controlled property is at the sole risk of the operator. The Commission assumes no responsibility for the operations and makes no representations as to the suitability of trails or areas for their use.

(4) The operation of snowmobiles on frozen lakes, ponds, rivers and streams is prohibited.

(c) Persons with disabilities.

(1) Motorized wheelchairs. A person whose disability requires him to use a motorized wheelchair or similar device powered by an electric motor may use the device on Commission property. The Commission does not represent that Commission properties except those specifically marked and designated for access by persons with disabilities are suitable for this use.

(2) Other power-driven mobility devices. The Executive Director or a designee may permit persons who have a disability for which they need to use other power-driven mobility devices to use them on Commission property for the purpose of gaining access to fishing or boating opportunities under all of the following conditions:

(i) The person applies in writing for permission on the form provided by the Commission and sends the application to the Director, Bureau of Law Enforcement, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000.

(ii) The person who has received permission under subparagraph (i) complies with the written conditions of the permit.

(iii) For purposes of this paragraph, ‘‘other power-driven mobility devices’’ means any mobility device, other than a wheelchair, powered by battery, fuel or other engine that is used by persons with a mobility disability for the purpose of locomotion. The term includes golf carts and electronic personal assistance mobility devices such as a Segway or any mobility device designed to operate in areas without defined pedestrian routes, regardless of whether it is designed primarily for use by persons with a mobility disability.

The provisions of this § 53.11 amended under the Fish and Boat Code, 30 Pa.C.S. § § 741 and 2711.

The provisions of this § 53.11 amended December 22, 1995, effective December 23, 1995, 25 Pa. B. 5970; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended August 31, 2018, effective September 1, 2018, 48 Pa.B. 5467. Immediately preceding text appears at serial pages (380130) and (269117) to (269118).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.12a Access areas and marinas.

(a) General provisions.

(1) The Commission will from time-to-time establish and modify the seasonal, daily and other boat mooring fees and fees for overnight parking of boats applicable to access areas and marinas under the ownership or control of the Commission. The Commission will publish a notice containing the fees or the revision to the fees as a notice in the Pennsylvania Bulletin.

(2) The Executive Director will establish the terms and conditions for slip rentals, boat mooring and other agreements for use of Commission access areas and marinas. The terms and conditions shall be set forth in the slip rental, boat mooring or other use agreement or permit. Violation of the terms and conditions of the agreement or permit is grounds for termination or revocation of the slip rental, boat mooring or other use agreement or permit.

(3) The Executive Director will establish operational procedures and guidelines for use of Commission access areas and marinas. The Executive Director will establish opening and closing dates for the boating season and hours of operation of access areas and marinas.

(4) The Executive Director may impose additional restrictions on use of Commission access areas and marinas. Additional restrictions imposed under this section shall be effective when posted at the site. It is unlawful for a person to violate restrictions imposed by the Executive Director, on behalf of the Commission, under this section.

(5) Boats have the right-of-way over fishing from boat launch areas or boat docks. It is unlawful for persons fishing from a boat launch area or boat dock to permit their fishing activity to interfere with boat traffic into and out of the boat launch area or boat dock. It is unlawful to fish from a boat launch area or boat dock when posted at the site.

(b) Walnut Creek Access, Erie County. The following restrictions apply to the Walnut Creek Access area:

(1) Boats have the right-of-way over fishing from shore in both the channel and the basin. It is unlawful for a person fishing from shore in the channel to permit lines to interfere with boat traffic into and out of the channel. It is unlawful to fish from shore in the basin except in designated locations at designated times.

(2) It is unlawful to fish from boats in either the channel or the basin.

(c) {Reserved}.

The provisions of this § 53.12a amended under 30 Pa.C.S. § 741.

The provisions of this § 53.12a adopted April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3488; amended March 13, 2026, effective March 14, 2026, 56 Pa.B. 1422. Immediately preceding text appears at serial pages (393594) and (290185).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.13 Domestic water supply reservoirs.

(a) Except as otherwise provided in this section, domestic water supply reservoirs subject to an agreement between the owners thereof and the Commission are subject to property regulations contained in this chapter, and other general fishing and boating regulations contained in this part.

(b) When the agreement between the Commission and the owners of a domestic water supply reservoir specifies additional, alternative or different restrictions or conditions and the Executive Director, on behalf of the Commission, approves the conditions or restrictions for posting at the site and enforcement, the posted conditions or restrictions are fully enforceable when posted at the site. It is unlawful to violate conditions, restrictions or prohibitions posted by the Commission at the site of a domestic water supply reservoir with which the Commission has an agreement.

The provisions of this § 53.13 issued under 30 Pa.C.S. § § 741, 928, 2102 and 5122.

The provisions of this § 53.13 amended through July 18, 1986, effective July 19, 1986, 16 Pa.B. 2646; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended February 26, 1993, effective February 27, 1993, 23 Pa.B. 942; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5710; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4788. Immediately preceding text appears at serial pages (227624) to (227625) and (222061).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.14 Misuse of Commission-owned or -controlled property.

(a) It is unlawful to construct, place or maintain tangible property, including but not limited to docks, picnic tables and recreational devices, on Commission-owned or -controlled property or waters unless the person obtains a permit for use of Commission property from the Executive Director or his designee.

(b) It is unlawful to encroach upon, appropriate, post or otherwise use Commission-owned or -controlled property in a manner incompatible with public use and access or in a manner that limits public access to or use of, the property.

(c) Before prosecution for violation of this section is initiated, the suspected violator will be given at least 10 days written notice to remove from Commission property tangible property constructed, placed or maintained in violation of subsection (a) or to cease encroachment, appropriations, posting or other use in violation of subsection (b). After notice has been provided, each day’s continued violation of either subsections (a) or (b) shall constitute a separate and distinct offense punishable in accordance with law. The notice contemplated by this subsection will be considered sufficient if it is sent by certified mail, return receipt requested, to the suspected violator at his last known address; if it is served in person on the person; or if it is posted on or affixed to the property where the violation exists. The decision as to which manner of notice should be used in a particular case will be made in the sole discretion of the Executive Director or his designee.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.16 Special use.

(a) Property owned or controlled by the Commission is intended for use as is related to fishing, boating and other public purposes of the Commission. Except with the express written permission of the Executive Director or his designee, it is unlawful to use Commission-owned or -controlled property for personal, organizational or commercial purposes other than the intended use of the property.

(b) The Executive Director or a designee may issue special activity permits for special uses of Commission property to persons and organizations such as scout, church groups, fire and rescue organizations, Red Cross and like organizations, when it is determined that the use will not damage Commission property or interfere with its use for its normally intended purposes by members of the public. The sponsors of a special activity permitted to take place on Commission property shall have a copy of the permit issued under this authority in their possession during the activity or event and shall, upon request, display the permit to authorized Commission personnel.

(c) It is unlawful to launch or retrieve swimming aides, such as inner tubes, from Commission-owned or -controlled access areas.

(d) Commission-owned and -controlled access areas are for the use of the fishing and boating public and may not be converted to a commercial use that impairs free public use of the areas. Limited commercial use relating to fishing and boating that does not interfere with free public use of the access will be permitted subject to the following conditions:

(1) Boats launched or retrieved from Commission-owned and -controlled access areas must be currently registered or display current launch permit decals.

(2) The commercial enterprise may not interfere in any way with the free public use of the ramp, parking or other facilities at the access area.

(i) For Commission-owned and -controlled access areas with eight parking spaces or less, no more than one of the available parking spaces may be used by the commercial enterprise.

(ii) For Commission-owned and -controlled access areas with nine to 20 parking spaces, no more than three of the available parking spaces may be used by the commercial enterprise.

(iii) For Commission-owned and -controlled access areas of 21 parking spaces or more, no more than five of the available parking spaces may be used by the commercial enterprise.

(iv) Pretrip instructions provided by the commercial enterprise to its customers shall be conducted in an area at the access area away from the launch ramp so as to not interfere with other parties launching boats.

(3) The commercial enterprise shall yield at all times to other public users of the boat ramp when launching or retrieving boats.

(4) The use of a Commission-owned and -controlled access area shall be based on the facility in its current condition. The Commission will not add amenities or make improvements at the access based on increased commercial use of the access.

(5) This subsection does not apply to persons who operate an authorized concession at Commission-owned or -controlled access areas.

(6) This subsection does not apply to accesses on the upper Delaware River where Commercial Use Authorization Provisions for Guides are in force by the National Park Service.

(7) As used in this subsection, the term ‘‘commercial enterprise’’ means a business that rents or loans boats for consideration.

The provisions of this § 53.16 issued under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124.

The provisions of this § 53.16 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2438. Immediately preceding text appears at serial pages (290187) and (269121).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.17 Cutting and removal of firewood from Commission property.

(a) It is unlawful to cut or remove timber, trees, firewood or kindling from Commission property except in compliance with this section and the terms and conditions of a permit issued by the Executive Director or a designee.

(b) The Executive Director or a designee may issue permits to interested persons for the cutting and removal of dead firewood from Commission property when it is determined that cutting and removal is in the best interests of the Commission. The number of permits will be limited to prevent excessive cutting and removal and to better manage this resource.

(c) Firewood permits cost $50 per standard rough cord. A standard rough cord is a pile of stacked wood 4 by 4 by 8 feet (128 cubic feet, including air spaces).

(d) A permit will specify the number of standard rough cords that the permittee is allowed to cut and remove. The maximum quantity of wood that one household, that is, the permittee and persons who reside with the permittee, will be permitted to cut and remove is 3 standard rough cords in a calendar year.

(e) Fuel wood permits will be valid from January 1 to December 31 of the year for which it is issued. Under no circumstances will the Commission refund money to permittee because of failure to cut and remove the amount of wood authorized during the time specified.

(f) Wood harvested and removed from Commission property under a permit issued under this chapter shall be for the personal use of the permittee and the household of the permittee. It is unlawful to sell wood removed from Commission property under a permit.

(g) No live timber or living trees may be cut and removed from Commission property. In addition to the penalties provided for violation of this section, a person who cuts or removes live timber or living trees shall be liable to the Commission for the full commercial value of the trees or timber cut, destroyed, or removed.

(h) Permits are not transferable. The permittee shall be present when wood is being cut and removed from Commission property and shall assume full responsibility for cutting and removal.

(i) The Executive Director or a designee may place other terms and conditions on permits for the cutting and removal of firewood as he deems appropriate to promote effective management of this program. It is unlawful to violate terms and conditions set forth on the permit.

(j) The Commonwealth and the Commission may not be liable for accidents, injuries, damages or losses incurred or caused by the permittee in cutting and removing wood. A permittee shall agree to indemnify the Commonwealth, the Commission and their agents, employes, successors and assigns from and against liability regardless of cause, arising out of or related to the activities of the permittee under the permit.

The provisions of this § 53.17 amended under the Fish and Boat Code, 30 Pa.C.S. § 741.

The provisions of this § 53.17 amended December 14, 2018, effective December 15, 2018, 48 Pa.B. 7639. Immediately preceding text appears at serial pages (356954) to (356955).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.19 Use of float tubes on Commission-controlled lakes.

(a) A float tube is a device constructed to provide stable flotation and a level ride to a single angler in a manner that minimizes the possibility of a capsize. The float tube shall consist of a bladder system made of heavy gauge rubber or rub-ber impregnated support fabric. The bladder shall be covered with a durable fabric shell which provides a seat for the user and two legholes. A secondary bladder in the form of a backrest or similar component shall be included with a float tube to provide additional emergency flotation.

(b) It is unlawful to use a float tube or similar device on Commission- owned or -controlled lakes other than a float tube as defined in subsection (a).

(c) It is unlawful to use a float tube on Commission-owned or -controlled waters unless the user is properly wearing a Coast Guard approved personal flotation device at all times while using the float tube on the water.

(d) It is unlawful to propel float tubes on Commission-owned or -controlled waters by motors or other mechanical propulsion devices of any type or description.

(e) It is unlawful to use a float tube on Commission-owned or -controlled waters except for the purpose of lawful public fishing.

(f) Float tubes shall be used under this section only on lakes or still waters.

The provisions of this § 53.19 adopted July 12, 1985, effective July 13, 1985, 15 Pa.B. 2579.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.21 Tagged-fish contests.

(a) Definition. A tagged-fish contest is an event where a person who has paid a fee to enter the contest wins a prize for catching a specially tagged, marked or branded fish.

(b) Prohibited acts. It is unlawful to conduct a tagged-fish contest, as defined in subsection (a), on Commission property.

The provisions of this § 53.21 adopted April 11, 1986, effective April 12, 1986, 16 Pa.B. 1277.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.24 Tournament and fishing derby permits.

(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Fishing tournament—An organized competitive fishing event, other than a fishing derby, where ten or more individuals fish during a specified time period. An activity that involves one or more of the following factors is considered a fishing tournament:

(i) The event is sponsored or promoted by an individual or organization.

(ii) The event involves the award of trophies, prizes or other recognition for participation in the tournament.

(iii) The event is conducted during a distinct time period (usually 72 hours or less) on a particular body of water. Fishing derby—An organized event involving 10 or more participants conducted for children under the age of 16, senior citizens (as defined in section 2701 of the code (relating to definitions)), anglers with disabilities, special populations or other group when the principal purpose is education or enjoyment, rather than competition among anglers.

(b) General. The Commission finds that fishing tournaments and fishing derbies that use Commission property constitute special uses of that property which place special demands on Commission facilities.

(c) Special activity permit for fishing tournaments.

(1) Special activity permit. It is unlawful for a person to conduct a fishing tournament on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.

(2) Content of application. An application for a special activity permit for a fishing tournament shall contain the following information:

(i) The date, time and place.

(ii) The nature of the proposed tournament.

(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(vi) Whether or not the sponsor charges an entry fee.

(3) Deadline for submission. The deadline for submission of applications for special activity permits for fishing tournaments shall be as follows:

(i) For tournaments involving 50 or more boats, the application shall be submitted between October 1 and December 1 of the year prior to the year of the proposed tournaments.

(ii) For tournaments involving 49 or less boats or fishing from shore, the application shall be submitted at least 60 days prior to the date of the proposed tournament.

(iii) The Commission may consider applications submitted after the deadlines established in this section but final action may be delayed.

(4) Review of applications.

(i) The Commission staff will review applications for special activity permits to conduct fishing tournaments on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(A) Whether the proposed tournament at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the tournament.

(B) Whether the proposed tournament at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the tournament.

(C) Whether the proposed tournament is scheduled on the opening weekend of the season for any species of game fish.

(D) Whether the proposed tournament at the proposed time and location competes with another tournament already permitted for the same time and place. In the event of competing applications, a fishing tournament where fish are intended to be released alive shall be given preference over a fishing tournament where fish are intended to be killed or taken.

(E) Whether the proposed tournament at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.

(F) Whether the sponsors of the proposed tournament have demonstrated their ability to conduct the tournament in accordance with the rules and regulations of the Commission and the conditions of the permit.

(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing tournament, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).

(5) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Requirements for offsite parking when the number of vehicles involved in the proposed tournament exceeds the capacity of the parking facilities taking into account other permitted activities at the same time and place.

(ii) Limitations on the numbers of boats or participants in the tournament when the number of boats or participants involved in the proposed tournament exceeds the capacity of the facilities taking into account other permitted activities at the same time and place.

(iii) Limitations on the time or duration of the tournament when reasonably necessary and appropriate to provide for the protection of fish. The Commission may, for tournaments conducted during the months of July and August, include a condition limiting the duration of the tournament to no more than 10 hours of fishing.

(iv) Limitations on taking, catching, possessing and killing fish, including, when necessary for the protection and management of fish, requiring that the tournament be conducted as a catch-measure-and release or aerated livewell tournament.

(v) Requirements for the proper disposal of fish taken in the tournament. Tournament sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a tournament may possess fish in excess of the daily possession limit if they carry the tournament permit and can document the catch of the individual tournament participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(vi) When the applicant previously sponsored a tournament on Commission property and when, within 30 days after the prior tournament, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.

(vii) Requirements for filing of catch reports within 30 days after completion of the tournament.

(viii) Requirements for locating weigh-in stations and prize awarding events at locations that will not interfere with other public use of Commission facilities.

(ix) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.

(d) Special activity permit for fishing derbies on Commission property.

(1) It is unlawful for a person to conduct a fishing derby on a Commission lake or using Commission access areas, without first obtaining a special activity permit from the Executive Director or a designee.

(2) An applicant for a special activity permit for a fishing derby shall apply at least 60 days before the date of the proposed derby and indicate the following:

(i) The date, time and place.

(ii) The nature of the proposed derby.

(iii) The anticipated number of participants, watercraft and vehicles that will use Commission property.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(vi) Whether or not the sponsor charges an entry fee.

(3) The Commission staff will review applications for special activity permits to conduct fishing derbies on Commission property and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(i) Whether the proposed derby at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the derby.

(ii) Whether the proposed derby at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the derby.

(iii) Whether the proposed derby is scheduled on the opening weekend of the season for any species of game fish.

(iv) Whether the proposed derby at the proposed time and location competes with another derby or fishing tournament already permitted for the same time and place.

(v) Whether the proposed derby at the proposed time and location may result in congestion of vehicles on Commission property or watercraft on the waters of this Commonwealth.

(vi) Whether the sponsors of the proposed derby have demonstrated their ability to conduct the derby in accordance with this title and the conditions of the permit.

(4) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing derby, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20.

(5) The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Requirements for offsite parking when the number of vehicles involved in the proposed derby exceeds the capacity of the parking facilities taking into account other permitted uses of the site at the same time.

(ii) Limitations on the numbers of boats or participants in the derby when the number of boats or participants involved in the proposed derby exceed the capacity of the facilities taking into account other permitted uses of the facility at the same time.

(iii) Limitations on the time or duration of the derby, if reasonably necessary and appropriate to provide for the protection of fish.

(iv) Limitations on taking, catching, possessing and killing fish.

(v) Requirements for the proper disposal of fish taken in the derby. Derby sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a derby may possess fish in excess of the daily possession limit if they carry the derby permit and can document the catch of the individual derby participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(vi) Clean-up requirements. When the applicant previously sponsored a derby on Commission property and when, within 30 days after the prior derby, the Commission provided written notice to the applicant that the site had not been cleaned up to the satisfaction of the Commission, the permit may include a requirement for the posting of a bond or security to guarantee that Commission property is restored to its prior condition.

(vii) Requirements for locating prize awarding events at locations that will not interfere with other public use of Commission facilities.

(e) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commission owned or controlled property except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commission owned or controlled property on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant’s showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to kill black bass.

(f) Joint permit. An application for a special activity permit under this section shall also constitute an application for a special activity permit for a fishing tournament under § 63.40 (relating to seasons for fishing tournaments), and a permit issued under this section shall constitute a joint permit for use of Commission property and for a fishing tournament under § 63.40.

The provisions of this § 53.24 issued under the Fish and Boat Code, 30 Pa.C.S. § 741; amended under the Fish and Boat Code, 30 Pa.C.S. § § 322, 741 and 2102.

The provisions of this § 53.24 adopted March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5006; amended April 4, 2008, effective April 5, 2008, 38 Pa.B. 1584. Immediately preceding text appears at serial pages (222063) to (222064), (313207) to (313210) and (322877).

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); 58 Pa. Code § 61.3 (relating to Pymatuning Reservoir); 58 Pa. Code § 61.4 (relating to Conowingo Reservoir); 58 Pa. Code § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters); and 58 Pa. Code § 69.13 (relating to seasons, sizes and creel limits—Lake Erie tributaries).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.25 Use or possession of beer or alcoholic beverages on Commission property.

It is unlawful for a person, less than 21 years of age, to consume, possess or transport alcohol, liquor, beer, malt or brewed beverage on Commission property.

The provisions of this § 53.25 issued under the Fish and Boat Code, 30 Pa.C.S. § 741.

The provisions of this § 53.25 adopted March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; corrected at 17 Pa.B. 1302.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.26 Dogs.

(a) Dogs are permitted on Commission property if they are licensed and otherwise in compliance with the other provisions of the Dog Law (3 P. S. § § 459-101—459-1205).

(b) The maximum number of dogs that an owner or handler is permitted to have on Commission property at one time is two.

(c) The owner or handler shall keep the dogs on a leash not exceeding 6 feet in length or on a multilength mechanically retractable leash while on Commission property.

(d) The owner or handler shall keep the dogs under supervision and control while on Commission property.

(e) The owner or handler shall immediately scoop, contain and retain all droppings of the dog. The owner or handler may not dispose of the dog droppings on Commission property.

(f) The owner or handler is responsible for the conduct of the dog while on Commission property.

(g) Subsection (c) does not apply when an owner or handler meets one of the following:

(1) Is training a dog for water retrieval purposes and when the following apply:

(i) The dog is actually performing customary water retrieval functions.

(ii) The dog remains within 10 feet of the owner/handler while on land.

(iii) The dog is under the immediate control of the owner/handler at all times.

(iv) The dog does not interfere with anglers or boaters engaged in fishing, boating or other lawful activities.

(2) Has the dogs under his control onboard a boat.

(h) An owner or handler of a hunting dog is exempt from subsections (c) and (e) when he keeps his dog off lawn areas, trails and parking lots and when he is engaged in legal hunting or training during the seasons established by the Game Commission.

The provisions of this § 53.26 issued under the Fish and Boat Code, 30 Pa.C.S. § § 741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P. S. § 186).

The provisions of this § 53.26 adopted January 2, 1998, effective January 1, 1998, 28 Pa.B. 30.

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 53.27 Use permits for unpowered boats.

(a) The Commission and issuing agents designated by the Commission will issue use permits for unpowered boats when their owners choose not to register them to use Commission lakes and access areas.

(b) Use permits will be issued in the form of decals, showing the expiration date. Decals shall be clearly displayed on both sides of the hull amidships below the gunwale. For low-volume boats, such as kayaks, decals shall be placed on both sides of the deck amidships.

(c) An applicant for a use permit shall provide the following information:

(1) The name, address and telephone number of the applicant.

(2) A description of the boat (make, model, year).

(3) The Hull Identification Number (HIN) of the boat (if readily available).

(d) A use permit is issued for a specific boat. It is unlawful to transfer a use permit issued for a specific boat to another boat. A use permit remains effective for the boat for which it is issued even if ownership of the boat is changed during the term of the permit.

(e) Use permits are valid for 1 or 2 years. The expiration date of a 1-year use permit is December 31 of the year for which it is issued. The expiration date of a 2-year use permit is December 31 of the second year for which it was issued.

(f) The initial fees for the use permits are $10 for a 1-year permit and $18 for a 2-year permit. The Executive Director may, by notice published in the Pennsylvania Bulletin, adjust these fees so that they remain the same as the resident price for 1-year and 2-year boat launching permits as established in the schedule of fees published, and from time-to-time revised, by the Department of Conservation and Natural Resources for State parks and forests. Whenever a use permit authorized by this section is issued by an issuing agent other than the Commission or the Department of Conservation and Natural Resources, the issuing agent may charge an issuing agent fee not to exceed $1 per transaction for issuing the permit.

The provisions of this § 53.27 issued under the Fish and Boat Code, 30 Pa.C.S. § 742(e).

The provisions of this § 53.27 adopted June 15, 2001, effective June 16, 2001, however the Commission will not issue use permits until December 1, 2001, 31 Pa.B. 3202; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; corrected December 13, 2002, effective September 14, 2002, 32 Pa.B. 6128. Immediately preceding text appears at serial page (290760).

History

• Authority: The provisions of this Chapter 53 issued under sections 322 and 741 of the Fish and Boat Code (30 Pa.
• Source: The provisions of this Chapter 53 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

Subpart B Fishing

Chapter 61 Seasons, Sizes and Creel Limits

58 Pa. Code § 61.1 Commonwealth inland waters.

(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 of 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) Any fish caught that is not to be counted in the creel limit shall be immediately released unharmed into the water from which taken. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournaments 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 shall be counted in the donor’s creel limit and neither donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

(d) Except as otherwise provided in this subpart, the following seasons, sizes and daily limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:

• Note: Stocked trout waters are closed to all fishing from the third Monday in February to the second Saturday in April.

** Note: Unlawful to take, catch or kill American shad, hickory shad and river herring (alewife and blueback herring) in Susquehanna River and its tributaries. See § 61.4 and 61.7 (relating to Conowingo Reservoir; and Susquehanna River and tributaries).

The provisions of this § 61.1 issued under the Fish and Boat Code, 30 Pa.C.S. § § 741, 928 and 2102; amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 61.1 amended July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended August 27, 1999, effective January 1, 2000, 29 Pa.B. 4561; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 29, 2006, effective January 1, 2007, 36 Pa.B. 5976; amended July 2, 2010, effective July 3, 2010, 40 Pa.B. 3663; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 19, 2014, effective January 1, 2015, 44 Pa.B. 5969; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691 and 7697. Immediately preceding text appears at serial pages (378373) to (378376) and (404083).

This section cited in 58 Pa. Code § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary); 58 Pa. Code § 61.7 (relating to Susquehanna River and tributaries); 58 Pa. Code § 61.8 (relating to Lehigh River, Schuylkill River and tributaries); 58 Pa. Code § 63.3 (relating to fishing in stocked trout waters); 58 Pa. Code § 63.48 (relating to permit for the use of cast nets or throw nets); 58 Pa. Code § 65.24 (relating to miscellaneous special regulations); and 58 Pa. Code § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 61.2 Delaware River, West Branch Delaware River and River Estuary.

(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 or greater than the maximum size specified in this section. It is not a violation of this section if an undersized or oversized 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 of 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 it was taken. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournaments 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 shall 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 with bait for any species of fish in the tidal Delaware Estuary, including tributaries from the mouths of the tributaries upstream to the limit of tidal influence using any hook type other than a non-offset (in-line) circle hook. The definition of a non-offset (in-line) circle hook is a single, non-offset hook where the point is pointed perpendicularly back towards the shank. The term ‘‘non-offset’’ means the point and the barb are in the same plane as the shank. For purposes of this section, a non-offset (in-line) circle hook is considered a fishing device with no more than one point or barb.

(d.1) It is unlawful for any person to gaff or attempt to gaff any striped bass at any time when fishing.

(d.2) Except as follows, it is unlawful to possess a striped bass in any form or condition other than in the whole or having the entrails removed while on shore, along the waters of this Commonwealth, onboard a boat or on a dock, pier, launch area or a parking lot adjacent thereto:

(1) Striped bass may be processed fully if they are being prepared for immediate consumption.

(2) Provided that the requirements of this paragraph are met, striped bass may be processed by a permitted charter boat or fishing guide operation. The charter boat operator or fishing guide may fully process the striped bass at any time provided that there are no more than two fillets per striped bass (cutting the fillets into pieces, also known as chunking, is prohibited) and the charter boat operator or fishing guide retains the carcass until possession of the striped bass is transferred to the customer on shore. The charter boat operator or fishing guide shall give the customer who receives the processed striped bass a signed, dated receipt on the form prescribed by the Commission.

(e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

• A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 16 to midnight on the Friday before the opening day of the regular season for trout.

See § 65.24 (relating to miscellaneous special regulations).

The provisions of this § 61.2 issued under 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124; amended under 30 Pa.C.S. § 2102; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 61.2 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended February 12, 1999, effective February 13, 1999, 29 Pa.B. 819; amended June 15, 2001, effective, January 1, 2002, 31 Pa.B. 3205; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1229; amended November 21, 2003, effective January 4, 2004, 33 Pa.B. 5705; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended August 31, 2007, effective January 1, 2008; amended March 6, 2009, effective April 1, 2009, 39 Pa.B. 1201; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 254; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7084; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6678; amended January 22, 2021, effective January 23, 2021, 51 Pa.B. 428; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691 and 7697; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5946; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7382; amended November 29, 2024, effective January 1, 2025, 54 Pa.B. 7672. Immediately preceding text appears at serial pages (412231) to (412234).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 61.3 Pymatuning Reservoir.

(a) It is unlawful to take, catch, kill or possess a fish of less than the minimum size specified in this section. However, it may not be 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.

(b) 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 vio-lation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all of 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. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournaments 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 shall be counted in the donor’s creel limit and neither donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.

(c) Except as provided by special regulations, the following sizes and creel limits apply to Pymatuning Reservoir:

Frogs and tadpoles may be taken only from July 1 to October 31, both dates inclusive. Lights or firearms may not be used to take frogs. Not over 15 tadpoles or frogs may be taken or possessed. Possession limit for each turtle species (other than snapping turtle) is two.* Hooks used to take turtles shall be at least 3 1/2 inches long with at least 1 inch space between point and shank. No closed season on turtles other than snapping turtles. *Snapping turtles—Statewide regulations apply.

The provisions of this § 61.3 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 5122—5124; section 10 of the Sunshine Act (65 P.S. § 280); and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 61.3 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1825; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3205; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177. Immediately preceding text appears at serial pages (369387) to (369388) and (358691).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 61.4 Conowingo Reservoir.

(a) It is unlawful to take, catch, kill or possess fish, except during the seasons specified in this section. However, 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. However, 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 of 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. 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 shall be counted in the donor’s creel limit and neither donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.

(d) The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:

The provisions of this § 61.4 amended under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124.

The provisions of this § 61.4 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended August 31, 2007, effective January 1, 2008, 37 Pa.B. 4752; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336. Immediately preceding text appears at serial pages (372599) to (372601).

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); and 58 Pa. Code § 61.7 (relating to Susquehanna River and tributaries).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 61.7 Susquehanna River and tributaries.

(a) It is unlawful to take, catch, kill or possess fish except during the seasons specified in this section. However, 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 a fish of less than the minimum size specified in this section. However, 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 of 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. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournaments 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 shall 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) The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ‘‘North Branch’’ and other tributaries within the Susquehanna River Basin except the Conowingo Reservoir—see § 61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):

The provisions of this § 61.7 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 61.7 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6225; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372951) to (372952) and (372603).

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 61.8 Lehigh River, Schuylkill River and tributaries.

(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 a 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 a species of fish as specified in the chart in subsection (d) during 1 calendar day. It is unlawful to possess more than 1 day’s limit of a species of fish as specified in the chart in subsection (d) except under the following circumstances:

(1) A person may possess any number of lawfully caught fish at his 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 the fish during 1 calendar day. A fish is not considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.

(d) The following seasons, sizes and creel limits apply to the Lehigh River upstream of the first dam in Easton, Pennsylvania and its tributaries and the Schuylkill River upstream of the I-95 Bridge and its tributaries:

The provisions of this § 61.8 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 61.8 adopted March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended January 8, 2010, effective Janaury 9, 2010, 40 Pa.B. 254; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended October 5, 2012, effective January 1, 2013, 42 Pa.B. 6289; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372603) to (372604).

History

• Authority: The provisions of this § 61.
• Source: The provisions of this Chapter 61 readopted January 6, 1984, effective January 7, 1984, 14 Pa.

Chapter 63 General Fishing Regulations

58 Pa. Code § 63.1 Time.

Whenever a time is specified in this part, the time shall be prevailing local time.

The provisions of this § 63.1 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46. Immediately preceding text appears at serial page (80323).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.2 Possession of fishing license and verification of license purchase.

(a) Officers designated to check licenses. A person fishing in waters of this Commonwealth or in boundary waters shall show his fishing license upon the request of a waterways conservation officer, deputy waterways conservation officer or other officer authorized to enforce the code or this title under section 903 of the code (relating to delegation of enforcement powers).

(b) Possession of fishing license. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to purchase a fishing license to fish in the waters of this Commonwealth or in boundary waters or land unless the person has a valid fishing license certificate and associated permits on his person and shows them upon the request of an officer. A person may elect to display a license certificate, a license button or other device approved by the Executive Director on a hat or outer garment while fishing. If a license button or other device is displayed, the person shall carry the license on his person. An institutional license issued under section 2708 of the code (relating to institutional licenses) may be possessed or maintained by the person fishing or by the person attending the person who is fishing.

(c) Fishing without a license in possession.

(1) When a person is apprehended for fishing without a license in his possession and claims that he previously purchased a valid fishing license for that year, the officer apprehending the individual shall give the individual 7 days to produce the original of the license certificate, if the individual provides to the officer’s satisfaction, at the time of apprehension, positive proof of identity and a residence address within this Commonwealth. The original license certificate shall show all required permits and a purchase date and time prior to the date and time of apprehension.

(2) If it is inconvenient for the individual to produce the certificate in person, the officer may permit the individual to mail the original license certifi-cate to the officer together with a stamped, self-addressed return envelope. If the officer permits the individual to mail the original license certificate to the officer, the officer shall provide the individual with a receipt or other documentation allowing the individual to fish during the period that the original license certificate is not in his possession.

(3) Upon receipt of the original license certificate, the officer shall examine and verify it and return it to the licensee.

(4) If the person apprehended fails to send the original license certificate and required permits to the officer within the time allotted, the officer shall institute summary proceedings against the individual in the manner prescribed by law.

The provisions of this § 63.2 amended under the Fish and Boat Code, 30 Pa.C.S. § 2703.

The provisions of this § 63.2 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 2021; amended April 10, 1998, effective April 11, 1998, 28 Pa.B. 1753; amended September 19, 2014, effective September 20, 2014, 44 Pa.B. 5970; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1526. Immediately preceding text appears at serial pages (378388) to (378389).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.3 Fishing in stocked trout waters.

It is unlawful to fish in stocked trout waters regulated under § 61.1 (relating to Commonwealth inland waters) from 12:01 a.m. on the third Monday in February to 8 a.m. on the opening day of the regular season for trout. As used in this subpart, the term ‘‘stocked trout waters’’ means waters that are stocked with adult trout by the Commission. A listing of stocked trout waters is published in the Commission’s ‘‘Summary of Fishing Regulations and Laws,’’ which is available from the Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of stocked trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.

The provisions of this § 63.3 amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.3 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5008; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (406269) to (406270).

This section cited in 58 Pa. Code § 63.20 (relating to permits for the protection and management of trout and salmon).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.4 Fishing in areas or waters where fishing is prohibited.

There shall be a rebuttable presumption that a person is fishing in violation of this subpart if the person has in his possession a fishing line, rod or other device that may be used for fishing while on or in water where fishing is prohibited or on the banks within 25 feet of the waters.

The provisions of this § 63.4 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46. Immediately preceding text appears at serial pages (60220) to (60221).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.5 Methods of fishing.

It is unlawful to use a method for taking fish or attempting to take fish from the waters of this Commonwealth, including boundary lakes and rivers, unless the use of the method is specifically authorized by law or this part.

The provisions of this § 63.5 amended under 30 Pa.C.S. § 2102(a).

The provisions of this § 63.5 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended November 7, 1980, effective January 1, 1981, 10 Pa.B. 4297; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669; amended September 16, 2022, effective September 17, 2022, 52 Pa.B. 5947. Immediately preceding text appears at serial page (407682).

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.6 Authorized devices for game fish, baitfish and fishbait.

(a) It is unlawful to fish for game fish with more than three lines of any description, whether fished by rod or by hand, at one time except while ice fishing in accordance with § 63.10 (relating to ice fishing). There is not a restriction on the number of hooks used for fishing for game fish, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing. Rods, lines and hooks shall be under the immediate control of the person using them. For purposes of this chapter, an authorized device shall be deemed under the immediate control of a person if it is within reasonable reach and can be adjusted, manipulated or brought to hand quickly and the person is nearby. Downriggers, planer boards, depth control devices, pre-loaded rod holders, rod holders that provide for a loaded rod or a triggering device, or both, (with or without mechanically induced jigging motion), or hook setting devices are authorized devices. Drones and other remote controlled devices are not authorized devices.

(b) It is unlawful to fish for baitfish with more than three lines of any description, whether fished by rod or by hand, at one time; a dip-net or minnow seine not over 4 feet square or 4 feet in diameter, and a minnow trap, with not more than two openings, which may not exceed 1 inch in diameter. There is not a restriction on the number of hooks used for fishing for baitfish, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing. Rods, lines, hooks, nets and seines used in fishing for fishbait and baitfish shall be under the immediate control of the person using the same. For the purposes of this subpart, gizzard shad (Dorosoma cepedianum) 8 inches or less in length are considered baitfish.

(c) For purposes of this section, a hook is considered a fishing device with no more than three points or barbs.

(d) It is unlawful to use more than three lines at any time, except while ice fishing in accordance with § 63.10, when fishing for game fish, baitfish or both.

(e) It is unlawful to use any type of net or seine to catch or take game fish. A landing net may be used to land game fish legally caught by hook and line.

The provisions of this § 63.6 amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.6 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended July 12, 1985, effective July 13, 1985, 15 Pa.B. 2578; amended February 3, 1989, effective February 4, 1989, 19 Pa.B. 405; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1231 and 1232; amended June 10, 2011, effective January 1, 2012, 41 Pa.B. 2950; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1762; amended September 17, 2021, effective September 18, 2021, 51 Pa.B. 6028. Immediately preceding text appears at serial pages (401238) and (378391).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.7 Exceptions to limitations on devices.

The limitations on fishing devices contained in this chapter do not:

(1) Prohibit the use of a gaff or landing net to assist in landing fish caught by a lawful device.

(2) Limit devices by which holders of artificial propagation licenses may remove artificially propagated fish at the licensed premises.

(3) Limit the means or devices by which fish may be taken under special permits issued under Chapter 29 of the code (relating to special licenses and permits), except trout/salmon permits.

(4) Apply to the taking, catching or killing of amphibians and reptiles—See Chapter 79 (relating to reptiles and amphibians).

(5) Apply to taking, catching or killing of blue crabs—See § 63.18 (relating to blue crabs—prohibited acts).

The provisions of this § 63.7 amended under the Fish and Boat Code, 30 Pa.C.S. § § 101—7314.

The provisions of this § 63.7 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended November 7, 1980, effective January 1, 1981, 10 Pa.B. 4297; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended December 22, 2006, effective January 1, 2007, 36 Pa.B. 7850. Immediately preceding text appears at serial pages (322889) to (322890) and (317917).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.8 Long bows, crossbows, spears and gigs.

(a) General. Except as otherwise provided in this part, snakehead, carp, suckers and catfish may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs any hour of the day or night aided by a light at night if so desired, in Commonwealth waters and waters bounding and adjacent thereto.

(b) Lake Erie. Scuba divers, who possess a valid fishing license and Lake Erie stamp, shall be permitted to take burbot at a depth of at least 60 feet.

(c) Restrictions. Spears or gigs may not be mechanically propelled, may not have more than five barbed points, and may not be used in stocked trout waters.

(d) Exceptions:

(1) It is unlawful to use bow and arrow (including compound bows and crossbows), spears and gigs in any special regulation trout waters.

(2) It is unlawful to cast direct rays of a spotlight, mounted headlight or any other artificial light of any kind from any watercraft upon any occupied building or another watercraft.

(3) It is unlawful to use generators on board a watercraft engaged in bowfishing with a noise level that exceeds 90 dB(a). The noise emission test measurement will be made with the sound level meter at a distance of at least 4 feet above the water at a point where the transom gunwale and the port or starboard gunwale intersects.

The provisions of this § 63.8 amended under 30 Pa.C.S. § 2102.

The provisions of this § 63.8 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5779; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5704; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1232; amended March 10, 2006, effective March 11, 2006, 36 Pa.B. 1124; amended September 5, 2008, effective September 6, 2008, 38 Pa.B. 4900; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended September 16, 2022, effective September 17, 2022, 52 Pa.B. 5948; amended December 2, 2022, effective December 3, 2022, 52 Pa.B. 7383. Immediately preceding text appears at serial pages (411144) to (411145).

This section cited in 58 Pa. Code § 63.9 (relating to snatch fishing, foul hooking and snag fishing); and 58 Pa. Code § 65.24 (relating to miscellaneous special regulations).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.9 Snatch fishing, foul hooking and snag fishing.

(a) It is unlawful to take or attempt to take fish by the methods known as snatch fishing, foul hooking or snag fishing or to take or attempt to take fish with a snagging hook or device which may be used to capture the fish by engaging the device in, to, with, or around any part of the body of the fish. In addition, it is unlawful to possess a snagging hook while in the act of fishing. A snagging hook is a fishing device that is designed or modified to facilitate the snagging of fish. It is either of the following:

(1) A hook with other than a single barb which is weighted on the shank at any point below the eye of the hook and above the barbs thereof.

(2) A hook that is otherwise designed or modified so as to make the snagging of fish more likely when it is used than if a normal hook or fishing device were used.

(b) Nothing in subsection (a) may be construed to prohibit the use of long bow, crossbow, spear and gigs as provided in § 63.8 (relating to long bows, crossbows, spears and gigs) or other net or devices specifically authorized by law or this subpart.

(c) Nothing in this section prohibits the use of a device so long as the eye of the hook is no more than 2 inches below the device.

The provisions of this § 63.9 amended under 30 Pa.C.S. § 2102(a).

The provisions of this § 63.9 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; reserved March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859; amended September 16, 2022, effective September 17, 2022, 52 Pa.B. 5948. Immediately preceding text appears at serial pages (406272) to (406273).

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.10 Ice fishing.

(a) Ice fishing is fishing through holes in the ice.

(b) It is unlawful while ice fishing to use more than five fishing devices as authorized in § 63.6 (relating to authorized devices for game fish, baitfish and fishbait). Each device shall contain a single fishing line. There is not a restriction on the number of hooks that may be used for ice fishing, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing.

(c) Reserved.

(d) It is unlawful to fish through holes in the ice that measure more than 10 inches between the farthest points as measured in any direction.

The provisions of this § 63.10 amended under section 10 of the Sunshine Act (65 P. S. § 280); section 506 of The Administrative Code of 1929 (71 P. S. § 186); and under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.10 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1231; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1762; amended September 17, 2021, effective September 18, 2021, 51 Pa.B. 6028. Immediately preceding text appears at serial pages (378393) and (317919).

This section cited in 58 Pa. Code § 63.6 (relating to authorized devices for game fish, baitfish and fishbait).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.13 Nets unlawful without permit.

(a) It is unlawful for a person to make, sell or have in his possession while on, in or about Commonwealth waters, including while within 25 feet of the waters, a net larger than 4 feet square or 4 feet in diameter unless the person has in possession a permit issued under section 2902 of the code (relating to net permits).

(b) It is unlawful for a person to violate the terms and conditions set forth on a permit issued under section 2902 of the code, including, but not limited to, when and where the nets shall be used.

(c) The Commission may waive the issuance of a net permit to cooperative nurseries, persons who possess an artificial propagation license or permit for special fish collecting activities, and other persons as the Commission will designate.

The provisions of this § 63.13 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 614; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46. Immediately preceding text appears at serial page (80325).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.14 Identification of fishbait and baitfish containers.

It is unlawful for a person to leave unattended a container for fishbait or baitfish in waters of this Commonwealth unless the container has attached a tag or other means of identification setting forth the name, address and telephone number of the owner or user of the container.

The provisions of this § 63.14 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 617; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46. Immediately preceding text appears at serial pages (80325) to (80327).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.15 Field dressing of fish.

(a) Except as otherwise provided in this section, it is unlawful to possess a fish in any form or condition other than in the whole or having the entrails removed while on shore, along the waters of this Commonwealth, onboard a boat or on a dock, pier, launch area or a parking lot adjacent thereto.

(b) Fish may be processed fully if they are being prepared for immediate consumption.

(c) This section does not apply to fish processed at a fish cleaning station officially recognized under § 63.15a (relating to officially-recognized fish cleaning stations).

(d) Provided that the requirements of this subsection are met, this section does not apply to fish processed by a permitted charter boat/fishing guide operation. The charter boat operator or fishing guide may fully process the fish at any time provided the charter boat operator or fishing guide retains the carcass until possession of the fish is transferred to the customer on shore. The charter boat operator or fishing guide shall give the customer who receives the processed fish a signed, dated receipt on the form prescribed by the Commission.

(e) This section does not apply to fish caught or sold in compliance with Chapter 31 of the code (relating to regulated fishing lakes).

(f) This section does not apply to fish caught under a Lake Erie commercial license issued consistent with Chapter 29 of the code (relating to special licenses and permits) after the fish reach established retail or wholesale markets.

(g) It is unlawful to discard any fish carcass or parts thereof into the waters of this Commonwealth or upon any public or private lands contiguous to the waters unless one of the following conditions apply:

(1) On lands with the permission of the landowner.

(2) Where fish are properly disposed into suitable garbage or refuse collection systems or at officially recognized fish cleaning stations.

This section amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.15 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 617; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1231; amended March 10, 2006, effective March 11, 2006, 36 Pa.B. 1124. Immediately preceding text appears at serial page (316051).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.15a Officially-recognized fish cleaning stations.

(a) Types.

(1) Commercial. An owner of a fish cleaning station that offers a fish cleaning station to the public for a fee shall apply for recognition as an official commercial fish cleaning station.

(2) Noncommercial. An owner of a fishing cleaning station that offers a fish cleaning station to the public at no cost may apply for recognition as an official noncommercial fish cleaning station.

(b) Receipts. Except as provided in this subsection, the operator of an officially-recognized fish cleaning station shall give the person who receives the filleted fish a signed, dated receipt on the form prescribed by the Commission. This subsection does not apply to the operator of a noncommercial fish cleaning station.

(c) Inspection. The operator of an officially-recognized fish cleaning station shall allow officers authorized to enforce the code unrestricted access to the station to inspect angler catches for compliance with seasons, sizes and creel limits.

(d) Application. An operator of a fish cleaning station may apply for official recognition to: Director, Bureau of Law Enforcement Pennsylvania Fish and Boat Commission Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000

(e) Identification. Noncommercial officially-recognized fish cleaning station users shall leave all fillets fully intact for identification purposes. Cutting the fillets into pieces (also known as chunking) or removing bones in a way that does not allow the fillet to remain fully intact is prohibited.

The provisions of this § 63.15a issued under 30 Pa.C.S. § § 2102 and 2907.3; amended under 30 Pa.C.S. § 2102(a).

The provisions of this § 63.15a adopted March 10, 2006, effective March 11, 2006, 36 Pa.B. 1124; amended September 16, 2022, effective September 17, 2022, 52 Pa.B. 5949; amended March 7, 2025, effective March 8, 2025, 55 Pa.B. 2069. Immediately preceding text appears at serial page (411147).

This section cited in 58 Pa. Code § 63.19 (relating to sale and purchase of fish).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.16 Fishing in the vicinity of fishways.

(a) It is unlawful to fish within a fishway, chute, slope, fish ladder, fish lift or other fish passage facility located on or in connection with a dam on the waters of this Commonwealth.

(b) It is unlawful to fish in an area within a radius of 100 feet of the entrance or exit points from a fishway, chute, slope, fish ladder, fish lift or other fish passage facility located on or in connection with a dam on the waters of this Commonwealth.

The provisions of this § 63.16 issued under 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124.

The provisions of this § 63.16 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 617; reserved January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691. Immediately preceding text appears at serial page (87997).

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.17 Importation and sale of hard clams.

(a) Except as otherwise provided in subsection (b), it is unlawful for a person to possess, import into this Commonwealth, sell, offer for sale or purchase a hard clam (mercenaria species) measuring less than 1 inch in thickness.

(b) The size (thickness) limit in subsection (a) does not apply to hard clams cultured by a clam hatchery or clam aquaculture operation, if the origin of the cultured clams is documented that permits immediate determination of the point of origin and the ultimate destination. The documentation will include, at a minimum, a bill of lading or bill of sale stating the origin of the clams and a signed certification from the clam hatchery or clam aquaculture operation identifying the volume or number of the clams in the shipment. The documentation required by this subsection shall be displayed upon request to officers authorized to enforce the code and this part.

The provisions of this § 63.17 issued under 30 Pa.C.S. § 2102.

The provisions of this § 63.17 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; reserved January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended September 6, 1991, effective September 7, 1991, 21 Pa.B. 3990. Immediately preceding text appears at serial page (153768).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.18 Blue crabs—prohibited acts.

In harvesting blue crabs, it is unlawful:

(1) For a person to use more than two pots at one time.

(2) For a person to use an unattended pot for taking blue crabs unless the pot is labeled with the name and address of the owner or user.

(3) For a person other than the owner, user, members of the owner’s or user’s immediate family and officers and authorized representatives of the Commission to disturb unattended pots used for taking blue crabs under this section.

(4) For a person to possess a female blue crab bearing eggs or from which the egg pouch or bunion has been removed.

The provisions of this § 63.18 issued under 30 Pa.C.S. § § 101—7314.

The provisions of this § 63.18 adopted April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030.

This section cited in 58 Pa. Code § 63.7 (relating to exceptions to limitations on devices).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.19 Sale and purchase of fish.

(a) Except as otherwise provided in subsection (d), it is unlawful for a person to sell, purchase, offer for sale or exchange or export for consideration, trade or barter any fish, whether dead or live, in whole or in part, including eggs and any lifestage of the fish caught or taken from the waters of this Commonwealth.

(b) Except as otherwise provided in subsection (d), it is unlawful for a person to take, catch, kill or possess any fish, whether dead or live, in whole or in part, including eggs and any lifestage of the fish, for the purpose of selling the fish or offering it for sale.

(c) In prosecutions for violation of this section, there shall be a rebuttable presumption that a species of fish that occurs within the waters of this Commonwealth was taken or caught from Commonwealth waters. A receipt or other document showing the lawful origin of the fish from waters in a state other than this Commonwealth or from an artificial propagator or dealer in live aquatic organisms registered in this Commonwealth, shall be sufficient to rebut the presumption created in this subsection.

(d) This section does not prohibit the sale, purchase, offer for sale, trade or barter of any fish propagated by or from a propagator or dealer of live aquatic animals registered under 3 Pa.C.S. Chapter 42 (relating to aquacultural development), if the fish are lawfully propagated or acquired by means other than fishing from the waters of this Commonwealth in accordance with the requirements of applicable laws and regulations. This section does not prohibit the sale, purchase, offer for sale, trade or barter of any fish by or from the holder of a commercial fishing license issued under Chapter 29 of the code (relating to special licenses and permits), if the fish are lawfully caught or taken in accordance with the requirements of applicable laws and regulations. This section does not prohibit the sale, purchase, offer for sale, trade or barter for the purpose of disposal of any non-flesh fish parts or roe that are the byproduct from any lawfully taken fish processed at a Pennsylvania Fish and Boat Commission recognized fish cleaning station under § 63.15a (relating to officially-recognized fish cleaning stations). This section does not prohibit the sale of mounted fish.

The provisions of this § 63.19 amended under the Fish and Boat Code, 30 Pa.C.S. § 2102(c).

The provisions of this § 63.19 adopted March 2, 1990, effective March 3, 1990, 20 Pa.B. 1287; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3211; amended January 22, 2021, effective January 23, 2021, 51 Pa.B. 429. Immediately preceding text appears at serial pages (373647) to (373648).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.20 Permits for the protection and management of trout and salmon.

(a) Finding. The Commission finds under section 2904 of the code (relating to permits for the protection and management of particular fish) that it is necessary for the protection and management of trout in the waters of this Commonwealth that persons who fish for trout have a permit for that activity.

(b) Permit required. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to procure a fishing license to fish for trout unless that person has first procured a valid trout permit or a combination trout permit and Lake Erie permit.

(c) Exceptions.

(1) The Commission will issue a trout permit without fee to disabled veterans who possess a free fishing license under section 2707 of the code (relating to disabled veterans).

(2) A person who is exempt from the fishing license requirements of Chapter 27 of the code or who is issued an institutional fishing license under section 2708 of the code (relating to institutional licenses) is exempt from this section.

(3) A person who purchased a senior resident lifetime fishing license and a trout permit or a combination trout permit and Lake Erie permit prior to January 1, 2015, shall be exempt from the requirements of this section.

(4) A trout permit is not required to fish for trout on free fishing days designated by the Commission under section 2709(d) of the code (relating to exemptions from license requirements).

(5) A trout permit is not required to fish for trout on Class A regulated fishing lakes. A trout permit is not required to fish for trout on designated Class B regulated fishing lakes that have the following characteristics:

(i) The lake is a natural pond or impoundment located wholly on private property and constructed and maintained wholly with private funds.

(ii) The lake is operated by a private club or organization.

(iii) The lake is not open for fishing by the general public, and fishing is restricted to members only.

(iv) The trout/salmon population of the lake is composed entirely of trout or salmon stocked from private resources and contains no trout or salmon stocked by the Commission, the United States Government or cooperative nurseries recognized by the Commission.

(d) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:

(1) The person fishes in waters under special trout regulations designated under those sections of Chapter 65 (relating to special fishing regulations) that require a trout permit, wilderness trout streams or their tributaries or Class A wild trout waters or their tributaries.

(2) The person fishes in streams or rivers that are stocked trout waters as defined in § 63.3 (relating to fishing in stocked trout waters) or their tributaries during the period from 12:01 a.m. on the third Monday in February until midnight May 31.

(3) The person takes, kills or possess, while in the act of fishing, a trout or salmon on or in waters of this Commonwealth or boundary waters.

The provisions of this § 63.20 amended under the Fish and Boat Code, 30 Pa.C.S. § 2904.

The provisions of this § 63.20 adopted March 2, 1990, effective January 1, 1991, 20 Pa.B. 1287; amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1958; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5658; amended November 25, 2005, effective January 1, 2006, 35 Pa.B. 6434; amended August 25, 2006, effective August 26, 2006, 36 Pa.B. 4724; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 19, 2014, effective September 20, 2014, 44 Pa.B. 5970; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (404090) and (378395).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.21 Designation of fishing regulations.

(a) The following regulations are designated under section 2102(a) of the code (relating to rules and regulations) as being for the protection of fish or fish habitat or for the health and safety of persons who fish:

(1) Section 63.9 (relating to snatch fishing, foul hooking and snag fishing).

(2) Section 65.23 (relating to special restrictions on polluted zones).

(3) Section 67.2 (relating to refuge areas).

(4) Section 63.5 (relating to methods of fishing).

(b) Section 63.16 (relating to fishing in the vicinity of fishways) is designated under section 3507 of the code (relating to protection of fish near dams) as being for the protection of fish near dams.

The provisions of this § 63.21 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 3507.

The provisions of this § 63.21 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 617; reserved January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial page (222095).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.30 Importation of weakfish.

It is unlawful for a person to import into this Commonwealth, sell, offer for sale or purchase weakfish measuring less than 13 inches in length.

The provisions of this § 63.30 adopted February 26, 1993, effective February 27, 1993, 23 Pa.B. 942.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.31 Importation and transportation of horseshoe crabs.

It is unlawful for a person to import into or transport in this Commonwealth horseshoe crabs for the purpose of sale at wholesale or retail. It is unlawful to sell, offer for sale or purchase any horseshoe crabs.

The provisions of this § 63.31 adopted March 5, 1982, effective March 6, 1982, 12 Pa.B. 870; amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 617; reserved January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 30, 1999, effective May 1, 1999, 29 Pa.B. 2298. Immediately preceding text appears at serial page (222097).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.40 Fishing tournaments and fishing derbys.

(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Fishing tournament—An organized competitive fishing event, other than a fishing derby, where ten or more individuals fish during a specified time period. An activity that involves one or more of the following factors is considered a fishing tournament:

(i) The event is sponsored or promoted by an individual or organization.

(ii) The event involves the award of trophies, prizes or other recognition for participation in the tournament.

(iii) The event is conducted during a distinct time period (usually 72 hours or less) on a particular body of water. Fishing derby—An organized event involving 10 or more participants conducted for children under the age of 16, senior citizens (as defined in section 2701 of the code (relating to definitions)), anglers with disabilities, special populations or other group when the principal purpose is education or enjoyment, rather than competition among anglers.

(b) Permits. It is unlawful to conduct a fishing tournament on Commonwealth waters without obtaining a special activity permit under this section.

(1) Content of application. An application for a special activity permit for a fishing tournament shall contain the following information:

(i) The date, time and place.

(ii) The nature of the proposed tournament.

(iii) The anticipated number of participants and watercraft.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(vi) Whether or not the sponsor charges an entry fee.

(2) Deadline for submission. The deadline for submission of applications for special activity permits for fishing tournaments shall be as follows:

(i) For tournaments involving 50 or more boats, the application shall be submitted after October 1 and before December 1 of the year prior to the year of the proposed tournaments.

(ii) For tournaments involving 49 or less boats or fishing from shore, the application shall be submitted at least 60 days prior to the date of the proposed tournament.

(iii) The Commission may consider applications for tournaments submitted after the deadlines established by this section.

(3) Review of applications.

(i) The Commission staff will review applications for special activity permits to conduct fishing tournaments on Commonwealth waters and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(A) Whether the proposed tournament at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the tournament.

(B) Whether the proposed tournament at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the tournament.

(C) Whether the proposed tournament is scheduled on the opening weekend of the season for any species of game fish.

(D) Whether the proposed tournament at the proposed time and location competes with another tournament already permitted for the same time and place. In the event of competing applications, a fishing tournament where fish are intended to be released alive shall be given preference over a fishing tournament where fish are intended to be killed or taken.

(E) Whether the proposed tournament at the proposed time and location may result in congestion of watercraft on the waters of this Commonwealth.

(F) Whether the sponsors of the proposed tournament have demonstrated their ability to conduct the tournament in accordance with this title and the conditions of the permit.

(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing tournament, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).

(4) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Limitations on the numbers of boats or participants in the tournament when the number of boats or participants involved in the proposed tournament exceeds the capacity of the waters being fished taking into account other permitted activities at the same time and place.

(ii) Limitations on the time or duration of the tournament. When reasonably necessary and appropriate to provide for protection of fish, the Commission may, for tournaments conducted during the months of July and August, include a condition limiting the duration of the tournament to no more than 10 hours of fishing.

(iii) Limitations on taking, catching, possessing and killing fish, including, when necessary for the protection and management of fish, requiring that the tournament be conducted as a catch-measure-and release or aerated livewell tournament.

(iv) Requirements for the proper disposal of fish taken in the tournament. Tournament sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a tournament may possess fish in excess of the daily possession limit if they carry the tournament permit and can document the catch of the individual tournament participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(v) Requirements for filing of catch reports within 30 days after completion of the tournament.

(vi) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.

(c) Fishing derbies.

(1) General rule. It is unlawful to conduct a fishing derby as defined in this section on Commonwealth waters without first obtaining a special activity permit from the Commission, except that this requirement does not apply to fishing derbies to be held on privately owned lakes or ponds that are not open to the public.

(2) Special activity permit. An applicant for a special activity permit for a fishing derby shall apply at least 60 days before the date of the proposed derby and indicate the following:

(i) The date, time and place.

(ii) The nature of the proposed derby.

(iii) The anticipated number of participants and watercraft.

(iv) The proposed disposition of fish caught.

(v) The species and source of fish sought.

(3) Review of applications.

(i) The Commission staff will review applications for special activity permits to conduct fishing derbies and will endeavor to issue or deny permits within 45 days after the receipt of the application. The factors to be reviewed include:

(A) Whether the proposed derby at the proposed time and location will have adverse impacts on the protection and management of fish in the waters to be fished in connection with the derby.

(B) Whether the proposed derby at the proposed time and location will impede or reduce fishing and boating opportunities for members of the angling and boating public who are not participants in the derby.

(C) Whether the proposed derby is scheduled on the opening weekend of the season for any species of game fish.

(D) Whether the proposed derby at the proposed time and location competes with another derby or fishing tournament already permitted for the same time and place.

(E) Whether the proposed derby at the proposed time and location may result in unsafe congestion of watercraft on the waters of this Commonwealth.

(F) Whether the sponsors of the proposed derby have demonstrated their ability to conduct the derby in accordance with this title and the conditions of the permit.

(ii) If the Bureau of Law Enforcement determines to deny the application for the special activity permit for a fishing derby, it will notify the applicant in writing of the denial and the reasons. The applicant may, within 10 days of notification, request the Executive Director to reconsider the denial of the permit. The Executive Director will act on the request for reconsideration within 10 days of its receipt. If the Executive Director denies the permit after reconsideration, the applicant may appeal to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of staff).

(4) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:

(i) Limitations on the numbers of boats or participants in the derby when the number of boats or participants involved in the proposed derby exceeds the capacity of the waters to be fished taking into account other permitted uses of the facility at the same time.

(ii) Limitations on the time or duration of the derby, when reasonably necessary and appropriate to provide for the protection of fish.

(iii) Limitations on taking, catching, possessing and killing fish.

(iv) Requirements for the proper disposal of fish taken in the derby. Derby sponsors engaged in returning live fish to the waters of this Commonwealth after completion of a derby may possess fish in excess of the daily possession limit if they carry the derby permit and can document the catch of the individual derby participants. The permit condition may provide that live fish will be distributed to the waters from which taken away from the ramp or access area where the weigh-in occurs.

(d) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commonwealth waters except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commonwealth waters on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant’s showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to kill black bass.

The provisions of this § 63.40 amended under the Fish and Boat Code, 30 Pa.C.S. § § 322, 2102 and 2307.

The provisions of this § 63.40 adopted March 13, 1987, effective March 14, 1987, 17 Pa.B. 1088; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5719; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5006; amended April 4, 2008, effective April 5, 2008, 38 Pa.B. 1584. Immediately preceding text appears at serial pages (261328) to (261330), (313227) to (313228) and (322893).

This section cited in 58 Pa. Code § 53.24 (relating to tournament and fishing derby permits); 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); 58 Pa. Code § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary); 58 Pa. Code § 61.3 (relating to Pymatuning Reservoir); 58 Pa. Code § 61.4 (relating to Conowingo Reservoir); 58 Pa. Code § 65.21 (relating to waters limited to specific purposes—exclusive use fishing areas); and 58 Pa. Code § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.42 Sale, purchase or barter of fish parts and fish eggs.

It is unlawful for a person to sell, purchase, offer for sale or barter any fish parts or fish eggs obtained from fish taken from the waters of this Commonwealth, including boundary waters. This prohibition does not apply to fish parts and fish eggs lawfully taken and sold or offered for sale by holders of commercial fishing licenses under Chapter 29 of the code (relating to special licenses and permits), if the particular species of fish is authorized for taking by commercial licensees. This prohibition does not apply to the sale, purchase, offer for sale or barter of fish parts and fish eggs legally obtained from fish taken lawfully from waters outside this Commonwealth, if the seller or purchaser is able to document the source of the fish parts or fish eggs from lawful sources outside this Commonwealth.

The provisions of this § 63.42 adopted June 25, 1999, effective June 26, 1999, 29 Pa.B. 3212.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.43 Fishing for bass during spring season.

(a) During the period from 12:01 a.m. on the second Saturday in April until 12:01 a.m. on the second Saturday in June:

(1) It is unlawful to kill or possess, while in the act of fishing, any largemouth, smallmouth or spotted bass.

(2) Tournaments are not permitted.

(3) Catch and release fishing for bass is limited as follows: It is unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or redd in an effort to catch or take bass. Otherwise, a bass caught and immediately returned unharmed to the waters from which taken during this period will not be considered a violation of this section.

(b) This section does not apply to portions of the Susquehanna and Juniata Rivers and their tributaries that are regulated under § 65.24 (relating to miscellaneous special regulations).

The provisions of this § 63.43 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).

The provisions of this § 63.43 adopted July 9, 1999, effective July 10, 1999, 29 Pa.B. 3629; amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6970; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7697. Immediately preceding text appears at serial page (378398).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.44 Illegal baitfish.

It is unlawful for a person to use or possess Goldfish (Carassius auratus), Comets (Carassius auratus), Koi (Cyprinus carpio) and Common carp (Cyprinus carpio) as baitfish while fishing.

The provisions of this § 63.44 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.44 adopted September 15, 2000, effective September 16, 2000, 30 Pa.B. 4814.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.45 Tagging, branding, marking and finclipping of fish.

(a) It is unlawful for a person to implant tracking devices in or to tag, brand, mark or fin clip any fish taken from the waters of this Commonwealth, unless the fish are purchased from an authorized commercial aquaculture facility, are part of a Commission-recognized and sanctioned stocking by a cooperative nursery, are authorized by a scientific collector’s permit issued by the Commission or are part of a tagged fish contest in a boundary lake for which the Commission has issued a permit.

(b) There shall be a rebuttable presumption that a person implanting a tracking device in or tagging, branding, marking or fin clipping a fish is in violation of this section if the person does not have in his possession proof that the fish was purchased from an authorized commercial aquaculture facility, is part of a Commission-recognized and sanctioned stocking by a cooperative nursery, is authorized by a scientific collector’s permit or is part of a tagged fish contest in a boundary lake for which the Commission has issued a permit.

The provisions of this § 63.45 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.45 adopted November 23, 2001, effective November 24, 2001, 31 Pa.B. 6451.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.46 Sale, purchase or barter of injurious species.

It is unlawful for a person to sell, purchase, offer for sale or barter the following live species in this Commonwealth:

(1) Snakehead (all species).

(2) Black carp (Mylopharyngodon piceus).

(3) Bighead carp (Hypophtalmichtys nobilis).

(4) Silver carp (Hypophtalmichtys molitrix).

(5) Zebra mussel (Dreissena polymorpha).

(6) Quagga mussel (Dreissena bugensis).

(7) Round goby (Neogobius melanostomus).

(8) Tubenose goby (Proterorhinus marmoratus).

(9) European rudd (Scardinius erythropthalmus).

(10) Crayfish (all species) except when:

(i) They are sold, purchased, offered for sale or bartered for testing and scientific purposes or restaurant consumption.

(ii) Adequate measures have been taken to prevent their escape.

(iii) They are accompanied by documentation stating the point of origin and the destination to which they are to be delivered.

(11) Ruffe (Gymnocephalus cernuus).

The provisions of this § 63.46 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; 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).

The provisions of this § 63.46 adopted September 13, 2002, effective September 14, 2002, 32 Pa.B. 4485; amended September 5, 2003, effective September 6, 2003, 33 Pa.B. 4447; amended August 25, 2006, effective August 26, 2006, 36 Pa.B. 4724; amemded July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended April 3, 2015, effective April 4, 2015, 45 Pa.B. 1616. Immediately preceding text appears at serial page (372605).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.47 Landing of finfish, shellfish, crustaceans and other marine seafood.

(a) Except as otherwise provided in this section, it is unlawful to land finfish, shellfish, crustaceans or other marine seafood in this Commonwealth when harvest quota allocations to this Commonwealth have been met or otherwise capped by action of the Executive Director pursuant to the fishery management plans and harvest allocations of the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. If quotas have been met or otherwise capped in this Commonwealth, the landing of finfish, shellfish, crustaceans and other marine seafood in this Commonwealth is permitted only if the species have been properly reported as part of an unmet quota of another jurisdiction.

(b) For purposes of this section, ‘‘land’’ or ‘‘landing’’ means to enter port with finfish, shellfish, crustaceans or other marine seafood on board any vessel to begin offloading or to offload finfish, shellfish, crustaceans or other marine seafood.

(c) This section does not apply to the landing of fish at Lake Erie that is governed by Chapter 69 (relating to fishing in Lake Erie and boundary lakes).

The provisions of this § 63.47 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.47 adopted July 9, 2004, effective July 10, 2004, 34 Pa.B. 3598.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.48 Permit for the use of cast nets or throw nets.

(a) The Executive Director or a designee may issue permits for the use of cast nets or throw nets for the taking of gizzard shad and alewife only in waters to be determined by the Executive Director. A separate permit will be required for each body of water.

(b) In addition to other permit conditions that the Executive Director may require, the cast nets or throw nets may be no greater than 10 feet in radius (20 feet in diameter) with a mesh size of at least 3/8 inch.

(c) Notwithstanding the provisions of § 61.1 (relating to Commonwealth inland waters), holders of permits for the use of cast nets or throw nets may take, catch, kill or possess a daily creel limit of 100 gizzard shad and alewife (combined species).

(d) A person may apply for a permit for the use of cast nets or throw nets by completing the form prescribed by the Commission. The applicant shall submit the completed form to the Commission along with the fee specified in section 2902 of the code (relating to net permits).

(e) It is unlawful to use cast nets or throw nets for the taking of gizzard shad and alewife or to take, catch, kill or possess more than the daily creel limit of gizzard shad and alewife as set forth in § 61.1 without the required permit. A permit for the use of cast nets or throw nets shall be carried so that it can be presented to an officer authorized to enforce the code.

(f) It is unlawful to use gizzard shad or alewife taken under a permit for the use of cast nets or throw nets as live bait in any water other than the water from which it was taken.

The provisions of this § 63.48 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.48 adopted March 10, 2006, effective March 11, 2006, 36 Pa.B. 1126; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (376448) and (372607).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.49 Reporting by dealers of American eels.

Dealers of American eels shall report to the Commission the amount of American eels that they buy and sell.

(1) Reports shall be provided on forms prescribed by the Commission on a quarterly basis or as otherwise established by the Commission. Data to be reported includes the following:

(i) The date of purchase or sale.

(ii) The origin or destination of eels, pounds or number purchased or sold by life stage (glass eel, elvers, yellow eel, silver eel).

(iii) The purpose of purchase or sale (bait, food, and the like).

(iv) The amount exported.

(v) Other information the Commission requires.

(2) Dealers shall present these reports upon the request of an officer authorized to enforce the code. Dealers shall allow officers authorized to enforce the code unrestricted access to the dealer’s place of business during normal business hours to inspect the reports.

The provisions of this § 63.49 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 63.49 adopted September 7, 2007, effective September 8, 2007, 37 Pa.B. 4869.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.50 Importation of tautog—2102(c).

It is unlawful for a person to import into this Commonwealth, sell, offer for sale or purchase tautog (Tautoga onitis) measuring less than 15 inches in length. It is unlawful for a person to sell, offer for sale or purchase tautog (Tautoga onitis) that do not bear an official tag issued or approved by the Atlantic States Marine Fisheries Commission.

The provisions of this § 63.50 issued and amended under 30 Pa.C.S. § 2102(c).

The provisions of this § 63.50 adopted August 24, 2007, effective August 25, 2007, 37 Pa.B. 4621; amended January 10, 2014, effective January 11, 2014, 44 Pa.B. 250; amended July 31, 2020, effective August 1, 2020, 50 Pa.B. 3892. Immediately preceding text appears at serial page (369873).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.51 Sale of VHS-susceptible species of fish.

(a) For purposes of this section, the following terms have the following meanings:

(1) Species of fish that are susceptible to viral hemorrhagic septicemia (VHS) are those species that the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS) designates by order or the Commission defines by notice in the Pennsylvania Bulletin.

(i) The term ‘‘VHS-susceptible species’’ includes fish that are dead or alive, preserved or unpreserved, and the parts thereof.

(ii) The term ‘‘VHS-susceptible species’’ does not include the eggs of these species.

(2) A VHS-affected or VHS-at risk state includes Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin or other state that APHIS later designates by order or the Commission later defines by notice in the Pennsylvania Bulletin as being VHS-affected or VHS-at risk.

(3) A VHS-affected or VHS-at risk region includes the Canadian provinces of Ontario and Quebec or other region that APHIS later designates by order or the Commission later defines by notice in the Pennsylvania Bulletin as being VHS-affected or VHS-at risk.

(b) It is unlawful to sell VHS-susceptible species of fish from the portion of the Lake Erie watershed in this Commonwealth in other watersheds of this Commonwealth except in accordance with § 69.3(e) (relating to transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed).

(c) It unlawful to sell in this Commonwealth VHS-susceptible species of fish from a VHS-affected or VHS-at risk state, unless the following conditions are met:

(1) The sale meets the requirements of 30 Pa.C.S. § 2507 (relating to sale of certain fish, reptiles and amphibians prohibited).

(2) The fish are from a group of fish certified as having tested negative for VHS or are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Pennsylvania Department of Agriculture and approved by the Commission. Persons selling these fish shall have in their possession, and present upon the request of an officer authorized to enforce the code, either a copy of the fish health certification reports for all VHS-susceptible fish kept at the place of sale or a copy of the fish health certification report for the artificial propagation facility if the fish are from a facility certified as having tested negative for VHS.

(d) It is unlawful to sell in this Commonwealth VHS-susceptible species of fish from a VHS-affected or VHS-at risk region, unless the fish meet the requirements of § 71a.7 (relating to introduction or transportation of VHS-susceptible species of fish).

The provisions of this § 63.51 issued under the authority of 30 Pa.C.S. § 2102(a); and amended under 30 Pa.C.S. § 2102(a) and (c).

The provisions of this § 63.51 adopted December 12, 2008, effective January 1, 2009, 38 Pa.B. 6742; amended September 22, 2023, effective January 1, 2024, 53 Pa.B. 5914. Immediately preceding text appears at serial pages (402175) to (402176).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.53 Egg collection.

It is unlawful to remove or strip eggs from fish taken from waters of this Commonwealth except for trout and salmon taken from waters in the Lake Erie watershed.

The provisions of this § 63.53 issued under the authority of 30 Pa.C.S. § 2102(a).

The provisions of this § 63.53 adopted December 12, 2008, effective January 1, 2009, 38 Pa.B. 6741.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.54 Possession or use of eggs as bait.

Except as otherwise provided in this section, it is unlawful to possess or use as bait unpreserved, refrigerated or frozen fish eggs regardless of their origin while in the act of fishing in or along waters of this Commonwealth. Unpreserved, refrigerated or frozen eggs from trout or salmon may be used and possessed as bait while fishing in or along the waters of the Lake Erie watershed.

The provisions of this § 63.54 issued under the authority of 30 Pa.C.S. § 2102(a).

The provisions of this § 63.54 adopted December 12, 2008, effective January 1, 2009, 38 Pa.B. 6741.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.55 Saltwater angler registration.

It is unlawful for a person required under 30 Pa.C.S. Chapter 27 (relating to fishing licenses) to procure a resident fishing license, a nonresident fishing license, a senior resident lifetime fishing license or an annual senior resident fishing license to fish for shad, striped bass or river herring in the Delaware River below Trenton Falls or in the Delaware Estuary unless that person has obtained a saltwater angler registration from the Commission, has registered with the National Saltwater Angler Resistry Program administered by the National Oceanic and Atmospheric Administration or has met the saltwater angler registration requirements of another state.

The provisions of this § 63.55 issued under 30 Pa.C.S. § 2102.

The provisions of this § 63.55 adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5365.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.56 Replacement costs for fish killed.

(a) Under section 923(c.1) of the code (relating to classification of offenses and penalties), the Commission established the following replacement costs in 2012 dollars for fish killed in violation of sections 2109 and 2110 of the code (relating to serious unlawful take; and taking or possessing by illegal methods):

(1) Game fish.

(i) Trout, 14 to 20 inches, $14.

(ii) Trout, 21 to 30 inches, $53.

(iii) Trout, greater than 30 inches, $106.

(iv) Black bass (largemouth, smallmouth and spotted), 15 to 21 inches, $19.

(v) Black bass (largemouth, smallmouth and spotted), greater than 21 inches, $36.

(vi) Striped bass and hybrids, 15 to 27 inches, $78.

(vii) Striped bass and hybrids, 28 to 39 inches, $360.

(viii) Striped bass and hybrids, greater than 39 inches, $693.

(ix) Walleye/Sauger, 15 to 18 inches, $17.

(x) Walleye/Sauger, 19 to 23 inches, $48.

(xi) Walleye/Sauger, 24 to 28 inches, $74.

(xii) Walleye/Sauger, greater than 28 inches, $149.

(xiii) Northern pike, 24 to 28 inches, $71.

(xiv) Northern pike, greater than 28 inches, $143.

(xv) Muskellunge and hybrids, 30 to 40 inches, $188.

(xvi) Muskellunge and hybrids, 41 to 50 inches, $442.

(xvii) Muskellunge and hybrids, greater than 50 inches, $693.

(2) Reptiles and amphibians.

(i) Wood turtle, $300.

(ii) Spotted turtle, $225.

(iii) Eastern box turtle, $80.

(iv) Snapping turtle, $160.

(v) Timber rattlesnake, $188.

(vi) Copperhead, $40.

(vii) Spotted salamander, $30.

(viii) Marble salamander, $30.

(ix) Northern spring salamander, $51.

(x) Blanding’s turtle, $275.

(xi) Eastern spiny softshell, $40.

(xii) Eastern hognose snake, $88.

(3) Federally listed threatened and endangered species.

Bog turtle, $1,200.

(b) The replacement costs in subsection (a) will be adjusted annually for inflation in accordance with the Consumer Price Index.

The provisions of this § 63.56 issued under 30 Pa.C.S. § 923(c.1).

The provisions of this § 63.56 adopted January 10, 2014, effective January 11, 2014, 44 Pa.B. 250.

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 63.57 License, permit and issuing agent fees.

(a) License fees. The following fees apply to fishing licenses issued under this chapter and shall be paid into the Fish Fund:

(1) Resident Annual Fishing License, $26.

(2) Senior Resident Annual Fishing License, $12.50.

(3) Senior Resident Lifetime Fishing License, $85.

(4) Nonresident Annual Fishing License, $59.

(5) Seven-Day Tourist Fishing License, $37.50.

(6) Three-Day Tourist Fishing License, $30.

(7) One-Day Resident Fishing License, $12.50.

(8) One-Day Tourist Fishing License, $30.

(b) Permit fees. The following fees apply to permits issued under this chapter and shall be paid into the Fish Fund:

(1) Trout permits, $13.

(2) Combination trout permit and Lake Erie permit, $19.

(c) Effective date. The fees imposed under subsections (a) and (b) are effective beginning December 1, 2023.

The provisions of this § 63.57 amended under 30 Pa.C.S.

The provisions of this § 63.57 added December 30, 2022, effective December 31, 2022, 52 Pa.B. 8234; amended August 4, 2023, effective December 1, 2023, 53 Pa.B. 4408. Immediately preceding text appears at serial page (412240).

History

• Authority: The provisions of this Chapter 63 issued under 30 Pa.
• Source: The provisions of this Chapter 63 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

Chapter 65 Special Fishing Regulations

58 Pa. Code § 65.4a All-tackle trophy trout.

(a) The Executive Director, with the approval of the Commission, may designate waters as all-tackle trophy trout. The designation of waters as all-tackle trophy trout shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in designated and posted all-tackle trophy trout areas except in compliance with the following requirements:

(1) Open to fishing year-round.

(2) There are no tackle restrictions.

(3) Minimum size is 18 inches, caught on, or in possession on, the waters under regulation.

(4) The daily creel limit is one trout except for the period from the day after Labor Day to 8 a.m. of the opening day of the regular season for trout of the following year, when trout may not be killed or had in possession.

(5) A current trout permit is required.

(c) This section applies to trout only. Inland regulations apply to all other species.

(d) Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the all-tackle trophy trout area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the all-tackle trophy trout area.

The provisions of this § 65.4a amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.4a adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended September 17, 2021, effective January 1, 2022, 51 Pa.B. 6028. Immediately preceding text appears at serial pages (378404) to (378405).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.4c All-tackle trout slot limit.

(a) The Executive Director, with the approval of the Commission, may designate waters as all-tackle trout slot limit. The designation of waters as all-tackle trout slot limit shall be effective when the waters are posted after publication of a notice of the designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in designated and posted all-tackle trout slot limit areas except in compliance with all of the following requirements:

(1) Open to fishing year-round.

(2) All tackle types are permitted.

(3) From 8 a.m. on the opening day of the regular season for trout through Labor Day, the daily creel limit of trout is two (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed.

(4) From the day after Labor Day until 8 a.m. on the opening day of the regular season for trout, no trout may be killed or possessed.

(5) A current trout permit is required.

(c) This section applies to trout only. Inland regulations apply to all other species.

The provisions of this § 65.4c added under the Fish and Boat Code, 30 Pa.C.S. § 2102(a); and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.4c added December 10, 2021, effective January 1, 2022, 51 Pa.B. 7701.

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.4d Artificial lures only trout slot limit.

(a) The Executive Director, with the approval of the Commission, may designate waters as artificial lures only trout slot limit. The designation of waters as artificial lures only trout slot limit shall be effective when the waters are posted after publication of a notice of the designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in designated and posted artificial lures only trout slot limit areas except in compliance with all of the following requirements.

(1) Open to fishing year-round.

(2) Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood; or with flies and streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly-fishing gear. Use or possession of other lures or substances is prohibited.

(3) From 8 a.m. on the opening day of the regular season for trout through Labor Day, the daily creel limit of trout is two (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed.

(4) From the day after Labor Day until 8 a.m. on the opening day of the regular season for trout, no trout may be killed or possessed.

(5) Taking of baitfish or fishbait is prohibited.

(6) A current trout permit is required.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the artificial lures only trout slot limit area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the artificial lures only trout slot limit area.

The provisions of this § 65.4d added under the Fish and Boat Code, 30 Pa.C.S. § 2102(a); and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.4d added December 10, 2021, effective January 1, 2022, 51 Pa.B. 7701.

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.5 Catch and release artificial lures only.

(a) The Executive Director, with the approval of the Commission, may designate waters as catch and release. The designation of waters as catch and release shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in areas designated and posted catch and release except in compliance with the following requirements:

(1) Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies and streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Use or possession of any other lures or substances is prohibited.

(2) No trout may be killed or had in possession.

(3) Open to fishing year-round.

(4) Wading is permitted unless otherwise posted.

(5) Taking of bait fish or fish bait is prohibited.

(6) A current trout permit is required.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the catch and release area.

The provisions of this § 65.5 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2101, 2102 and 2307.

The provisions of this § 65.5 adopted August 13, 1982, effective January 1, 1983, 12 Pa.B. 2692; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7684; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (378405) to (378406).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.6 Delayed harvest artificial lures only areas.

(a) The Executive Director, with the approval of the Commission, may designate waters as delayed harvest, artificial lures only areas. The designation of waters as delayed harvest, artificial lures only areas shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in designated and posted delayed harvest, artificial lures only areas except in compliance with the following requirements:

(1) Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.

(2) The use or possession of any natural bait, bait fish, fish bait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

(3) Minimum size is: 9 inches, caught on, or in possession on, the waters under regulation.

(4) The daily creel limit is: three combined species except during the period after Labor Day and before June 15 when the daily limit shall be zero trout combined species, caught on or in possession on the waters under regulation.

(5) Taking of bait fish or fish bait is prohibited.

(6) A current trout permit is required.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the delayed harvest artificial lures only area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the delayed harvest artificial lures only area.

The provisions of this § 65.6 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307.

The provisions of this § 65.6 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 836; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; corrected November 11, 2005, effective January 1, 2006, 35 Pa.B. 6239; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7684; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (378406) to (378407).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.7 Trophy trout artificial lures only.

(a) The Executive Director, with the approval of the Commission, may designate waters as trophy trout artificial lures only. The designation of waters as trophy trout artificial lures only shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in areas designated and posted trophy trout artificial lures only except in compliance with the following requirements:

(1) Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood or with flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Use or possession of other lures or substances is prohibited.

(2) Open to fishing year-round.

(3) The minimum size is 18 inches, caught on or in possession on the waters under regulation.

(4) The daily creel limit is one trout except during the period from the day after Labor Day to 8 a.m. of the opening day of the regular season for trout of the following year, when no trout may be killed or had in possession on the waters under regulation.

(5) Taking of baitfish or fishbait is prohibited.

(6) A current trout permit is required.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the trophy trout area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the trophy trout area.

The provisions of this § 65.7 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.7 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended September 17, 2021, effective January 1, 2022, 51 Pa.B. 6028. Immediately preceding text appears at serial page (378407).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.9 Big bass.

(a) The Executive Director, with the approval of the Commission, may designate waters as ‘‘big bass’’ waters. The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ‘‘big bass’’ waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it was taken.

Note: For purposes of this section, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’

(c) Other Commonwealth inland fishing regulations apply to designated ‘‘big bass’’ waters.

(d) Tournaments are permitted only during the designated harvest periods.

The provisions of this § 65.9 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.9 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended July 9, 1999, effective July 10, 1999, 29 Pa.B. 3626; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7697. Immediately preceding text appears at serial pages (378408) to (478409).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.11 Panfish enhancement.

(a) The Executive Director, with the approval of the Commission, may designate waters as ‘‘panfish enhancement’’ waters. The designation may be limited to one, two or all three of the panfish species listed in subsection (b). The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in designated and posted ‘‘panfish enhancement’’ waters except in compliance with the following seasons and size and creel limits:

• When panfish enhancement regulations apply to more than 1 species in the same waterway, the creel limit is 20 for each species with the total creel not to exceed 50 panfish combined. For purposes of this section, panfish include catfish, rock bass, suckers, carp and white bass.

The provisions of this § 65.11 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307.

The provisions of this § 65.11 adopted April 10, 1998, effective April 11, 1998, 28 Pa.B. 1755; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5720; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (376455) to (376456).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.12 Regional opening day of trout season.

(a) The Executive Director, with the approval of the Commission, may designate waters in certain regions as part of the regional opening day of trout season. The designation of waters as part of the regional opening day of trout season shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

(b) (Reserved).

(c) (Reserved).

(d) (Reserved).

(e) (Reserved).

The provisions of this § 65.12 issued under the Fish and Boat Code, 30 Pa.C.S. § 2307; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 65.12 adopted September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 19, 2014, effective January 1, 2015, 44 Pa.B. 5969; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (378410) and (390791).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.14 Catch and release fly-fishing only.

(a) The Executive Director, with the approval of the Commission, may designate waters as catch and release fly-fishing only. The designation of waters as catch and release fly-fishing only shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in waters designated and posted as catch and release fly-fishing only except in compliance with the following requirements:

(1) Fishing may be done with artificial flies and streamers constructed of natural or synthetic materials so long as all flies are constructed in a normal fashion with components wound on or about the hook or hooks. Use or possession of any other lures or substances is prohibited.

(2) Fishing shall be done with tackle which is limited to fly rods, fly reels and fly line with leader material or monofilament line attached. Spinning, spincast and casting rods and reels are prohibited.

(3) No trout may be killed or had in possession.

(4) Open to fishing year-round.

(5) Taking of baitfish or fishbait is prohibited.

(6) Wading is permitted unless otherwise posted.

(7) A current trout permit is required.

(c) Notwithstanding the requirements of this section an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release fly-fishing only area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the catch and release fly-fishing only area.

The provisions of this § 65.14 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307.

The provisions of this § 65.14 adopted September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7684; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1676; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial page (390792).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.15 Catch and release all-tackle.

(a) The Executive Director, with the approval of the Commission, may designate waters as catch and release all-tackle. The designation of waters as catch and release all-tackle shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in waters designated and posted catch and release all-tackle except in compliance with the following requirements:

(1) There are no tackle restrictions.

(2) No trout may be killed or had in possession.

(3) Open to fishing year-round; there is no closed season.

(4) A current trout permit is required.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the catch and release all-tackle area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the catch and release all-tackle area.

The provisions of this § 65.15 amended under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2307.

The provisions of this § 65.15 adopted September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (390792) and (378413).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.16 Musky enhancement.

(a) The Executive Director, with the approval of the Commission, may designate waters as musky enhancement. The designation of waters as musky enhancement will be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to take, catch, kill or possess muskellunge or muskellunge hybrids on or in waters designated as musky enhancement except in compliance with the following season and size and creel limits: Open-year round, minimum size of 45 inches and daily limit of 1. It is not a violation of this section if the muskellunge or muskellunge hybrid is immediately returned unharmed to the waters from which it is taken.

The provisions of this § 65.16 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 65.16 adopted September 29, 2006, effective September 30, 2006, 36 Pa.B. 5976; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (376459) to (376460).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.17 Catch and release lakes.

(a) The Executive Director, with the approval of the Commission, may designate lakes as catch and release lakes. The designation of lakes as catch and release lakes will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in the lakes designated as catch and release lakes except in compliance with the following requirements:

(1) Fishing for all species is permitted on a catch and release/no harvest basis only.

(2) It is unlawful to take, kill or possess any fish taken from lakes designated under this section.

(3) Fish caught shall be immediately returned unharmed to the lake from which taken.

The provisions of this § 65.17 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 65.17 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial page (376460).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.18 Brood stock lakes.

(a) The Executive Director, with the approval of the Commission, may designate lakes as brood stock lakes. The designation of lakes as brood stock lakes will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in the lakes designated as brood stock lakes except in compliance with the following requirements:

(1) From 12:01 a.m. April 1 to midnight May 31, fishing for muskellunge and muskellunge hybrids, northern pike and pickerel is permitted on a catch and release/no harvest basis only.

(2) From 12:01 a.m. April 1 to midnight May 31, it is unlawful to take, kill or possess any muskellunge and muskellunge hybrids, northern pike and pickerel taken from lakes designated under this section.

(3) From 12:01 a.m. April 1 to midnight May 31, all muskellunge and muskellunge hybrids, northern pike and pickerel caught shall be immediately returned unharmed to the lake from which taken.

The provisions of this § 65.18 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 65.18 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (376460) to (376461).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.19 Stocked trout waters open to year-round fishing.

(a) The Executive Director, with the approval of the Commission, may designate waters as stocked trout waters open to year-round fishing. The designation of waters as stocked trout waters open to year-round fishing shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

(b) It is unlawful to fish in waters designated as stocked trout waters open to year-round fishing except in compliance with the following seasons and size and creel limits. It is not a violation of this section if a trout is immediately returned unharmed to the waters from which it is taken.

(c) It is unlawful to fish in rivers and streams designated as stocked trout waters open to year-round fishing without a current trout permit. A trout permit is not required to fish in lakes and ponds that have been designated as stocked trout waters open to year-round fishing unless the person takes, kills or possesses, while in the act of fishing, a trout or salmon on or in these waters.

The provisions of this § 65.19 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 65.19 adopted October 31, 2008, effective January 1, 2009, 38 Pa.B. 5962; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (378414) to (378416).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.20 Mentored Youth Fishing Day Program.

(a) The Executive Director may annually designate Mentored Youth Fishing Days. As part of the designation, the Executive Director will identify the species, waters, dates, creel and minimum size limits and other applicable limitations. The designation will be effective upon publication of a notice in the Pennsylvania Bulletin.

(b) It is unlawful to fish in waters designated as part of the Mentored Youth Fishing Day Program except in compliance with the following requirements when participating in the Mentored Youth Fishing Day Program:

(1) Anglers shall adhere to the limitations as established by the Executive Director by notice in the Pennsylvania Bulletin.

(2) An angler 16 years of age or older shall be accompanied by a youth, less than 16 years of age, who has obtained a mentored youth permit or a voluntary youth fishing license from the Commission.

(3) A youth angler shall obtain a mentored youth permit or a voluntary youth fishing license from the Commission and be accompanied by an angler 16 years of age or older.

(4) A current trout permit is required for an angler 16 years of age or older when participating in a Mentored Youth Fishing Day Program that relates to trout.

(c) Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the water designated as part of the Mentored Youth Fishing Day Program without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the water designated as part of the Mentored Youth Fishing Day Program.

The provisions of this § 65.20 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102(a).

The provisions of this § 65.20 adopted March 21, 2014, effective March 22, 2014, 44 Pa.B. 1764; amended March 13, 2015, effective March 14, 2015, 45 Pa.B. 1256; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial page (378416).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

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.

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

The provisions of this § 65.21 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 870; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1368; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended December 7, 2018, effective December 8, 2018, 48 Pa.B. 7530. Immediately preceding text appears at serial pages (378416) to (378418).

This section cited in 58 Pa. Code § 57.61 (relating to designation of areas for the exclusive use of children and special populations); and 58 Pa. Code § 57.62 (relating to access for special populations).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.23 Special restrictions on polluted zones.

(a) The Executive Director, with the approval of the Commission, may determine that fishing should be curtailed or prohibited in polluted waters or that the taking or killing of fish from the waters should be prohibited. Special restrictions imposed under this section shall be effective when the waters are so posted after publication of a notice of restriction in the Pennsylvania Bulletin; the Executive Director or his designee may take immediate action to post waters when he finds it apropriate to further the health and safety of persons who fish.

(b) It is unlawful for a person to take, catch, possess while in the act of fishing or kill fish from polluted zones in violation of the posted conditions imposed under this section.

(c) This section may not be construed to relieve the person or entity responsible for placing or allowing harmful substances to be present in fishing waters from criminal or civil liability for acts or omissions with regard to the substances. This section does not place liability or duty on the Commonwealth or the Commission or their employes, officers, agents or assigns, to locate, identify or post waters where harmful substances may be present; nor may the Commonwealth, the Commission or their officers, employes, agents or assigns be liable for the consequences of harmful substances being present in fishing waters. This section does not confer or convey ownership, control or jurisdiction, over these waters on the Commission except as may be otherwise provided by law or regulation.

The provisions of this § 65.23 amended under section 10 of the Sunshine Act (65 P.S. § 280); and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.23 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717. Immediately preceding text appears at serial pages (257218) to (257219).

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.24 Miscellaneous special regulations.

The following waters are subject to the following miscellaneous special regulations:

The provisions of this § 65.24 issued under 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended under 30 Pa.C.S. § 2307(a), section 10 of the Sunshine Act (65 P.S. § 280) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 65.24 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4961; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 2021; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended March 2, 1990, effective March 3, 1990, 20 Pa.B. 1287; amended March 9, 1990, effective March 10, 1990, 20 Pa.B. 1403; amended June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 949; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 741; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended February 26, 1993, effective February 27, 1993, 23 Pa.B. 942; amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1958; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834 and 836; amended November 22, 1995, effective November 23, 1995, 25 Pa.B. 5970; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended June 28, 1996, effective June 29, 1996, 26 Pa.B. 2995; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5779; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4788; amended December 11, 1998, effective December 12, 1998, 28 Pa.B. 6081; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1069; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3210; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3212; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5719; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 872; amended September 15, 2000, effective September 16, 2000, 30 Pa.B. 4814; amended April 19, 2002, effective April 20, 2002, 32 Pa.B. 1962; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended March 4, 2003, effective March 8, 2003, 33 Pa.B. 1229; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496; amended December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061; amended February 27, 2004, effective February 28, 2004, 34 Pa.B. 1231; amended July 9, 2004, effective July 10, 2004, 34 Pa.B. 3600; amended July 9, 2004, effective January 1, 2005, 34 Pa.B. 3599; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended December 3, 2004, effective January 1, 2005, 34 Pa.B. 6418; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 16, 2005, effective September 17, 2005, 35 Pa.B. 5124; amended September 23, 2005, effective January 1, 2006, 35 Pa.B. 5261; amended March 10, 2006, effective March 20, 2006, 36 Pa.B. 1126; amended August 25, 2006, effective August 26, 2006, 36 Pa.B. 4724; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5878; amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7449; amended September 7, 2007, effective September 8, 2007, 37 Pa.B. 4870; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1860; amended July 2 2010, effective July 3, 2010, 40 Pa.B. 3663; amended June 10, 2011, effective June 11, 2011, 41 Pa.B. 2950; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5367; amended December 30, 2011, effective January 1, 2012, 41 Pa.B. 6970; amended June 15, 2012, effective June 16, 2012, 42 Pa.B. 3445; amended September 13, 2013, effective January 1, 2014, 43 Pa.B. 5451; amended September 13, 2013, effective September 14, 2013, 43 Pa.B. 5452; amended July 17, 2015, effective July 18, 2015, 45 Pa.B. 3840; amended September 25, 2015, effective January 1, 2016, with the exception of the amendments to Opossum Lake, Cumberland County, and Leaser Lake, Lehigh County, effective June 18, 2016, 45 Pa.B. 5788; amended April 1, 2016, effective June 19, 2016, 46 Pa.B. 1650; amended August 26, 2016, effective January 1, 2017, 46 Pa.B. 5539; corrected 46 Pa.B. 5731; amended March 10, 2017, effective March 11, 2017, 47 Pa.B. 1465 and 1466; amended August 31, 2018, effective September 1, 2018, 48 Pa.B. 5468; amended June 21, 2019, effective June 22, 2019, 49 Pa.B. 3215; amended December 13, 2019, effective December 14, 2019, 49 Pa.B. 7296 and 7297; amended January 22, 2021, effective January 1, 2021, 51 Pa.B. 430; amended January 22, 2021, effective January 1, 2021, 51 Pa.B. 431 and 433; amended April 2, 2021, effective April 3, 2021, 51 Pa.B. 1799, 1800 and 1801; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691 and 7697; amended December 10, 2021, effective December 11, 2021, 51 Pa.B. 7703; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5950 and 5951; amended March 3, 2023, effective March 4, 2023, 53 Pa.B. 1385; amended December 8, 2023, effective January 1, 2024, 53 Pa.B. 7595; amended September 6, 2024, effective January 1, 2025, 54 Pa.B. 5613 and 5614; amended December 26, 2025, effective January 1, 2026, 55 Pa.B. 8751 and 8752. Immediately preceding text appears at serial pages (420643) to (420644), (417521) to (417528) and (420645) to (420648).

This section cited in 58 Pa.B. § 63.43 (relating to fishing for bass during spring season).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.25 Temporary changes to fishing regulations.

(a) Notwithstanding other provisions of this chapter requiring the advance approval of the Commission for designation or withdrawal of designation of waters as specially regulated areas, the Executive Director is hereby authorized to take immediate action to temporarily modify fishing regulations when he finds that modifications are necessary and appropriate for the protection, preservation and management of fish or fish habitat; to conserve and preserve fishing opportunities; or to provide for health and safety of persons who fish the waters. The Executive Director will cause temporary modifications to be posted in the vicinity of the regulated waters; and, when so posted, the modified regulations shall be effective. As soon as practicable after taking immediate action to temporarily modify fishing regulations, the Executive Director will cause a notice of this action to be published in the Pennsylvania Bulletin.

(b) When the Executive Director takes immediate action to temporarily modify fishing regulations, he will notify the members of the Commission of the action and cause the matter to be placed on the agenda of the next regular or special meeting of the Commission. Temporary modifications effected under this authority will expire on January 1 of the following year or 6 months after they are effected, whichever comes later unless the Commission shall by then, by appropriate action, have approved the designation or redesignation of waters or shall have approved the revision to the regulation in question.

The provisions of this § 65.25 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46.

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 65.26 Extended trout season.

(a) General rule. The extended trout season is in effect from the day after Labor Day until the third Monday in February of the following year on stocked trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches apply during this season, except Class A wild trout streams where the creel limit is 0 and areas with special regulations.

(b) Waters not stocked trout waters. The Executive Director or designee may grant a permit to apply extended trout season regulations to waters that are not stocked trout waters upon written application of the owner or lessee of the lands on which the waters are located. Applications shall be made on forms provided by the Commission. Applications will be reviewed to ensure that applying extended trout season regulations to the waters in question is consistent with the best appropriate fisheries management of the waters in question, and to ensure that approval of the application will have no adverse effect on the preservation and expansion of public fishing opportunities within this Commonwealth. Approval or disapproval of applications shall be subject to review under Chapter 51, Subchapter E (relating to permit procedures). Permits for extended trout season on waters other than stocked trout waters will be valid until the last day of the extended trout season of the 6th year after the year in which they are issued.

The provisions of this § 65.26 issued under 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124; amended under 30 Pa.C.S. § § 2102 and 2307(a).

The provisions of this § 65.26 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended September 19, 2014, effective January 1, 2015, 44 Pa.B. 5969; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788; amended September 17, 2021, effective January 1, 2022, 51 Pa.B. 6030; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691; amended December 8, 2023, effective December 9, 2023, 53 Pa.B. 7597. Immediately preceding text appears at serial pages (413809) to (413810).

History

• Authority: The provisions of this § 65.
• Source: The provisions of this Chapter 65 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

Chapter 67 Nursery Waters

58 Pa. Code § 67.1 Nursery waters and exhibition areas.

(a) The Executive Director, with the approval of the Commission, may designate waters as nursery waters or exhibition areas to which the penalties of section 2106 of the code (relating to fishing in hatchery or nursery waters) applies. The designation of waters as nursery waters or exhibition areas shall be effective upon posting of the waters after publication of a notice that the waters have been so designated in the Pennsylvania Bulletin.

(b) A person commits a summary offense of the first degree as provided by section 2106 of the code if the person fishes or trespasses with intent to fish in designated nursery waters or exhibition areas.

(c) It is unlawful to disturb fish or other aquatic life in nursery waters or exhibition areas by throwing stones, rocks or other objects or otherwise agitating the waters.

The provisions of this § 67.1 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5609. Immediately preceding text appears at serial page (153789).

This section cited in 58 Pa. Code § 67.3 (relating to cooperative nurseries).

History

• Authority: The provisions of this § 67.
• Source: The provisions of this Chapter 67 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 67.2 Refuge areas.

(a) The Executive Director, with the approval of the Commission, may designate waters as refuge areas to which section 2306 of the code (relating to refuge areas) shall apply. The designation of waters as refuge areas shall be effective upon posting of the waters after publication of a notice that the waters have been so designated in the Pennsylvania Bulletin.

(b) Refuge areas are closed to public fishing except during the period from June 15 until the third Monday in February of the following year.

(c) It is unlawful to disturb fish or other acquatic life in refuge areas by any means, including wading, throwing stones, rocks or other objects or otherwise agitating the waters. This subsection will not be construed to prohibit fishing in such areas during the extended trout season.

(d) A person violating this section or fishing or entering a refuge area when fishing is prohibited shall be punished as provided by section 2306 of the code.

The provisions of this § 67.2 amended under the Fish and Boat Code, 30 Pa.C.S. § 2306(a).

The provisions of this § 67.2 adopted May 23, 1980, effective January 1, 1981, 10 Pa.B. 2051; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended March 2, 1990, effective March 3, 1990, 20 Pa.B. 1287; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7691. Immediately preceding text appears at serial pages (236583) to (236584).

This section cited in 58 Pa. Code § 63.21 (relating to designation of fishing regulations).

History

• Authority: The provisions of this § 67.
• Source: The provisions of this Chapter 67 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

58 Pa. Code § 67.3 Cooperative nurseries.

(a) The Executive Director with the approval of the Commission may designate cooperative nurseries throughout this Commonwealth.

(b) The waters of a designated cooperative nursery are considered nursery waters for purposes of § 67.1 (relating to nursery waters and exhibition areas).

(c) The Executive Director will cause a list of designated cooperative nurseries to be maintained for the Commission and will cause the list from time to time to be updated and revised.

The provisions of this § 67.3 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46.

History

• Authority: The provisions of this § 67.
• Source: The provisions of this Chapter 67 adopted May 23, 1980, effective January 1, 1981, 10 Pa.

Chapter 75 Endangered Species

58 Pa. Code § 75.1 Endangered species.

(a) General. The species of fish, amphibians and reptiles and invertebrates listed in subsections (b)—(d) are classified endangered. The catching, taking, killing, possessing, importing to or exporting from this Commonwealth, selling, offering for sale or purchasing of any individual of these species, alive or dead, or any part thereof, without a special permit from the Executive Director is prohibited.

(b) Fish. The following species are endangered:

(1) Northern brook lamprey, Ichthyomyzon fossor.

(2) Shortnose sturgeon, Acipenser brevirostrum.

(3) Lake sturgeon, Acipenser fulvescens.

(4) Atlantic sturgeon, Acipenser oxyrhynchus.

(5) Spotted gar, Lepisosteus oculatus.

(6) Hickory shad, Alosa mediocris.

(7) Cisco, Coregonus artedi.

(8) Northern redbelly dace, Chrosomus eos.

(9) Blacknose Shiner (Notropis heterolepis).

(10) Bridle shiner, Notropis bifrenatus.

(11) River shiner, Notropis blennius.

(12) Ghost shiner, Notropis buchanani.

(13) Ironcolor shiner, Notropis chalybaeus.

(14) Blackchin shiner, Notropis heterodon.

(15) Redfin shiner, Lythrurus umbratilis.

(16) Longnose sucker, Catostomus catostomus.

(17) Bigmouth buffalo, Ictiobus cyprinellus.

(18) [Reserved].

(19) Mountain madtom, Noturus eleutherus.

(20) Tadpole madtom, Noturus gyrinus.

(21) Northern madtom, Noturus stigmosus.

(22) Burbot, Lota lota (inland populations only).

(23) [Reserved].

(24) Pugnose Minnow (Opsopoeodus emiliae).

(25) Warmouth, Lepomis gulosus.

(26) Longear sunfish, Lepomis megalotis.

(27) Iowa darter, Etheostoma exile.

(28) Eastern sand darter, Ammocrypta pellucida.

(29) Hornyhead chub, Nocomis biguttaus.

(c) Reptiles and Amphibians. The following species are endangered:

(1) Bog Turtle, Glyptemys muhlenbergii.

(2) New Jersey Chorus Frog, Pseudacris kalmi.

(3) Coastal Plain Leopard Frog complex, Lithobates sphenocephalus/L. kauffeldi.

(4) Eastern Massasauga, Sistrurus catenatus.

(5) Kirtland’s Snake, Clonophis kirtlandii.

(6) Eastern Mud Salamander, Pseudotrion m. montanus.

(7) Northern Rough Greensnake, Opheodrys aestivus aestivus.

(8) Eastern Cricket Frog, Acris crepitans.

(9) Blue-spotted Salamander, Ambystoma laterale.

(10) Southeastern Mud Turtle, Kinosternon subrubrum subrubrum.

(d) Invertebrates. The following species are endangered:

(1) Northern riffleshell mussel, Epioblasma rangiana.

(2) Clubshell mussel, Pleurobema clava.

(3) Dwarf wedgemussel, Alasmidonta heterodon.

(4) Eastern pearlshell mussel, Margaritifera margaritifera.

(5) Rabbitsfoot mussel, Theliderma cylindrica.

(6) Snuffbox mussel, Epioblasma triquetra.

(7) Salamander mussel, Simpsonaias ambigua.

(8) Round hickorynut mussel, Obovaria subrotunda.

(9) Pistolgrip mussel, Tritogonia verrucosa.

(10) Rayed bean mussel, Villosa fabalis.

(11) Digger crayfish, Creaserinus fodiens.

The provisions of this § 75.1 amended under 30 Pa.C.S. § § 2102 and 2305; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 75.1 adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1958; amended September 17, 1999, effective September 18, 1999, 29 Pa.B. 4869; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5010; amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3442; amended January 29, 2010, effective January 30, 2010, 40 Pa.B. 620; amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1500; amended July 3, 2010, effective July 3, 2010, 40 Pa.B. 3664; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7684; amended December 6, 2013, effective December 7, 2013, 43 Pa.B. 7085; amended September 2, 2016, effective September 3, 2016, 46 Pa.B. 5731; amended March 15, 2019, effective March 16, 2019, 49 Pa.B. 1323; amended September 20, 2019, effective September 21, 2019, 49 Pa.B. 5450; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1054. Immediately preceding text appears at serial pages (397767) to (397768).

This section cited in 7 Pa. Code § 128.102 (relating to protected designated areas).

History

• Authority: The provisions of this § 75.
• Source: The provisions of this Chapter 75 adopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 75.2 Threatened species.

(a) General. The species of fish, amphibians, reptiles and invertebrates listed in subsections (b)—(d) are classified as threatened. The catching, taking, killing, possessing, importing to or exporting from this Commonwealth, selling, offering for sale or purchasing, of any individual of these species, alive or dead, or any part thereof, without a special permit from the Executive Director is prohibited.

(b) Fish. The following species are threatened:

(1) Bigmouth shiner, Notropis dorsalis.

(2) Southern redbelly dace, Chrosomus erythrogaster.

(3) Spotted sucker, Minytrema melanops.

(4) Brindled madtom, Noturus miurus.

(5) Chesapeake Logperch, Percina bimaculata.

(c) Amphibians and reptiles. The following species are threatened:

(1) Green Salamander, Aneides aeneus.

(2) Northern Red-bellied Cooter, Pseudemys rubriventris.

(3) Eastern Spadefoot Toad, Scaphiopus holbrookii.

(d) Invertebrates. The following species are threatened:

(1) Sheepnose mussel, Plethobasus cyphyus.

(2) Longsolid, Fusconaia subrotunda.

The provisions of this § 75.2 amended under 30 Pa.C.S. § § 2102, 2305 and 2307; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 75.2 adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5779; amended September 17, 1999, effective September 18, 1999, 29 Pa.B. 4869; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5010; amended March 6, 2009, effective March 7, 2009, 39 Pa.B. 1202; amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3442; amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1500; amended July 2, 2010, effective July 3, 2010, 40 Pa.B. 3664; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7684; amended December 6, 2013, effective December 7, 2013, 43 Pa.B. 7085; amended July 17, 2015, effective July 18, 2015, 45 Pa.B. 3841; amended September 2, 2016, effective September 3, 2016, 46 Pa.B. 5731; amended September 20, 2019, effective September 21, 2019, 49 Pa.B. 5450; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1054. Immediately preceding text appears at serial page (397769).

This section cited in 7 Pa. Code § 128.102 (relating to protected designated areas).

History

• Authority: The provisions of this § 75.
• Source: The provisions of this Chapter 75 adopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 75.3 Candidate species.

(a) General. The species listed in subsections (b) and (c) are considered candidate species which could achieve endangered or threatened status in the future. They are subject to seasons, size, creel—bag—and possession limits specified in this subpart. A person who catches these species is encouraged to release them immediately and unharmed to the waters or other area from which they were taken.

(b) [Reserved].

(c) Amphibians and reptiles.

(1) Blandings Turtle, Emydoidea blandingii.

(2) Broad-headed Skink, Plestiodon laticeps.

The provisions of this § 75.3 amended under 30 Pa.C.S. § § 2102 and 2305; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 75.3 adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended April 15, 1994, effective April 6, 1994, 24 Pa.B. 1958; amended September 17, 1999, effective September 18, 1999, 29 Pa.B. 4869; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5010; amended March 6, 2009, effective March 7, 2009, 39 Pa.B. 1202; amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1500; amended July 2, 2010, effective July 3, 2010, 40 Pa.B. 3664; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7684; amended September 2, 2016, effective September 3, 2016, 46 Pa.B. 5731; amended March 15, 2019, effective March 16, 2019, 49 Pa.B. 1323; amended September 20, 2019, effective September 21, 2019, 49 Pa.B. 5450; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1054. Immediately preceding text appears at serial pages (397769) to (397770).

History

• Authority: The provisions of this § 75.
• Source: The provisions of this Chapter 75 adopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 75.4 Special permits.

The Executive Director, or a designee, may issue special permits under section 2305 of the code (relating to threatened and endangered species) to take, catch, kill or possess threatened or endangered species upon written application on forms provided by the Commission.

(1) Special permits will be issued only upon a showing of unique or extraordinary circumstances justifying the permit and the applicant shows that the permitted action does one of the following:

(i) Has no demonstrable adverse impacts on the population of the species in this Commonwealth.

(ii) Is in the best interest of the protection, conservation and management of the species.

(iii) Is necessary and appropriate in the interests of public health and safety or promotes essential research or public education and information.

(2) Persons and institutions requesting special permits shall apply before taking, catching, killing, possessing or acquiring the threatened or endangered species. Application forms and information are available from the Natural Diversity Section, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823.

The provisions of this § 75.4 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under the Fish and Boat Code, 30 Pa.C.S.; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 75.4 adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1860; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial pages (382894) and (368703).

This section cited in 58 Pa. Code § 75.5 (relating to qualified surveyors for endangered and threatened species and their habitat).

History

• Authority: The provisions of this § 75.
• Source: The provisions of this Chapter 75 adopted January 6, 1984, effective January 7, 1984, 14 Pa.

58 Pa. Code § 75.5 Qualified surveyors for endangered and threatened species and their habitat.

(a) Requirement. To conduct surveys for endangered or threatened species or their habitat in connection with an application for a proposed or planned development activity, a surveyor shall be deemed qualified by the Commission.

(b) Qualification. An individual who wishes to be qualified by the Commission to conduct surveys for endangered or threatened species shall demonstrate to the Commission’s satisfaction that he meets the qualified surveyor requirements as approved by the Executive Director and published in the Pennsylvania Bulletin. The individual shall demonstrate his qualifications by submitting the completed application provided by the Commission. Individuals on existing Commission lists as of January 5, 2013, will be deemed qualified for purposes of this section provided they submit the completed application provided by the Commission.

(c) List. Upon qualification, the Commission will place the names of the individuals meeting these requirements on its qualified surveyor list for the species described in the application. The Commission will make these lists available to the public on its web site at www.fishandboat.com.

(d) Duration. The Commission’s qualification of a surveyor is valid for 10 calendar years and expires on December 31 of the 10th year for which it was granted.

(e) Renewal. A qualified surveyor shall apply for renewal of the Commission’s qualification every 10 years by submitting the completed renewal application provided by the Commission within 90 days prior to the qualification’s expiration.

(f) Denial and revocation. The Commission may deny qualification of a surveyor who does not meet the requirements of this section. The Commission may revoke the qualification of a surveyor when the surveyor no longer meets the requirements of this section. A person aggrieved under this subsection may appeal to the Executive Director in accordance with 1 Pa. Code § 35.20 (relating to appeals from actions of the staff). Part II of 1 Pa. Code (relating to General Rules of Administrative Practice and Procedure) applies.

(g) Other requirements. When applicable, a qualified surveyor shall meet the requirements of § § 51.71 and 75.4 (relating to scientific collectors’ permits; and special permits).

History

• Authority: The provisions of this § 75.
• Source: The provisions of this Chapter 75 adopted January 6, 1984, effective January 7, 1984, 14 Pa.

Chapter 79 Reptiles and Amphibians

58 Pa. Code § 79.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Color morph—A distinct color variant form of a reptile or amphibian. Hunt—The act of pursuing reptiles or amphibians in an attempt to catch, take, kill or remove them, or to catch, take, kill or remove any reptile or amphibian from any waters of this Commonwealth or other areas within this Commonwealth by any means or method for any purpose whatsoever. Native species—A reptile or amphibian species or subspecies, where applicable, that has not been introduced into this Commonwealth and occurs historically within the boundaries of this Commonwealth. The Commission will from time to time publish in the Pennsylvania Bulletin a list of reptile and amphibian species and subspecies, where applicable, that it has determined are native species. Organized reptile and amphibian hunt—A hunt for reptiles or amphibians involving two or more persons acting in concert to seek, pursue, catch, take, kill or remove native species of reptiles or amphibians at an event where the reptiles or amphibians are hunted on a competitive basis. When one or more of the following factors are present, an event will be considered an organized reptile and amphibian hunt as the term is used in this chapter:

(i) The event is sponsored or promoted by a person or organization.

(ii) The event involves the award of trophies, prizes or other recognition to persons or groups for catching reptiles or amphibians.

(iii) The sponsors of the events or others publicize the event to encourage attendance of spectators.

(iv) The sponsors or organizers of the event have their own rules for the conduct of the hunt. Sacking contest—A competition where participants place reptiles or amphibians in a sack, bag or similar container in a timed event. Snake hooks or tongs—Implements used to grasp or lift snakes with minimal risk of injury to the animal. Subcaudal scale—Large flat scales that are located on the rear ventral portion (underside) of a timber rattlesnake between the vent (anal scale) and the base of the rattle. Turtle hooks—Hooks used for taking turtles that are at least 3 1/2 inches in total length with at least a 1 inch space between the point and the shank.

The provisions of this § 79.1 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

This section cited in 58 Pa. Code § 79.2 (relating to taking reptiles or amphibians).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.2 Taking reptiles or amphibians.

(a) General.

(1) Except as otherwise provided in this section, reptiles and amphibians may only be taken by hand, hook and line, snake hooks or tongs, turtle hooks, traps and nets less than 4 feet square or 4 feet in diameter.

(2) It is unlawful to take, catch or kill a reptile or amphibian through use of a firearm.

(3) It is unlawful to take, catch or kill a reptile or amphibian through the use of chemicals, smoke, explosives, winches, jacks or other devices or materials or manually in a manner that may disrupt, damage or destroy dens or the immediate surroundings thereof. While hunting reptiles and amphibians, it is unlawful to possess chemicals, explosives, winches, jacks or other devices or materials that may disrupt, damage or destroy dens and their immediate surroundings. It is unlawful to alter or destroy habitat in the pursuit of a reptile or amphibian.

(4) It is unlawful to damage or disrupt the nest or eggs of a reptile or to gather, take or possess the eggs of any reptile.

(b) Turtles.

(1) It is unlawful to take, catch or kill a turtle by means of a hook other than a turtle hook as defined in § 79.1 (relating to definitions).

(2) It is unlawful for a person to leave a set line, turtle trap or other device for catching turtles unattended unless the device has attached a tag or other means of identification containing the name, address and telephone number of the owner or user of the device. Traps, nets or devices used for catching turtles must be of a floating or partially submerged design so as to allow for the release of untargeted turtles unharmed.

(c) Frogs.

(1) Frogs may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs. Spears or gigs may not be mechanically propelled, may not have more than five barbed points and may not be used in stocked trout waters.

(2) It is unlawful to take, catch or kill a frog by use of artificial light at night.

The provisions of this § 79.2 issued and amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

The provisions of this § 79.2 amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (325060) and (348989).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.3 Season and daily possession limits.

(a) Except as otherwise provided in subsections (b)—(e), it is unlawful for a person to take, catch or kill more than the daily limit specified in subsection (h) in 1 calendar day or to have in possession more than the possession limit, dead or alive, in whole or in parts, specified in subsection (g) or to hunt, take, catch or kill reptiles or amphibians during the closed season. A reptile or amphibian will not be considered to be in the possession of a person if, after it is taken or caught, it is immediately released unharmed to the exact location from which it was taken and is not confined to a sack, bag or other container.

(b) This section does not prohibit the sponsors of an organized reptile/amphibian hunt conducted under a permit issued under § 79.7 (relating to organized reptile and amphibian hunt permits) from possessing more than the daily limit of the species of reptiles or amphibians hunted if the total number of reptiles and amphibians held in possession during each hunt does not exceed the daily limit for the species hunted times the number of registered participants in the organized hunt. This subsection applies to possession limits only. It does not permit the sponsors of a hunt or individual hunters to take, catch or kill any number of reptiles and amphibians in excess of the daily limits.

(c) This section does not prohibit possession of numbers of reptiles and amphibians in excess of possession limits by zoos and other accredited institutions for scientific, educational or research purposes or licensed taxidermists for the purpose of mounting for properly permitted customers, Commission-recognized rehabilitators or licensed pest control agents with the written permission of the Executive Director or a designee. These persons and institutions shall maintain a current open inventory of and report annually changes in the number of reptiles and amphibians possessed. The Executive Director may limit the number of reptiles and amphibians that a person or institution may possess when the Executive Director or a designee issues permission under this subsection.

(d) This section does not prohibit possession of numbers of reptiles and amphibians in excess of possession limits by persons who have obtained a permit under § 79.4 (relating to possession permits for native species).

(e) This section does not prohibit possession of numbers of reptiles and amphibians artificially propagated in accordance with this chapter in excess of the possession limits by artificial propagators and dealers of live reptiles and amphibians registered with the Department of Agriculture in accordance with 3 Pa.C.S. Chapter 42 (relating to aquaculture development).

(f) In prosecutions for violations of the possession limits, when venomous reptiles have been killed in apparent violation of the limits, it shall be a defense that the person who killed the venomous reptiles acted under a reasonable apprehension of immediate death or bodily harm to himself or other persons in his immediate vicinity, if no more venomous reptiles are killed than necessary to protect life and limb and if the person reported the kills in writing to the Natural Diversity Section Chief, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823, within 5 business days after the kill. It is unlawful for a person to possess a venomous reptile, in whole or in parts, that was killed under this subsection.

(g) When season or annual limits apply, a season or annual limit has been reached once a reptile or amphibian, dead or alive, in whole or in parts, has not been immediately released to the exact location from which taken and is in the possession of a person.

(h) The following seasons, sizes, catch and possession limits apply to reptiles and amphibians except endangered and threatened species:

• It is unlawful for a person to hunt, take, catch or kill timber rattlesnakes west of Route 15 and south of Interstate 81 to the Maryland line where there is no open season.

** It is unlawful for a person to take, catch or kill more than one timber rattlesnake or copperhead per calendar year except as provided in § 79.7(f) (relating to organized reptile and amphibian hunt permits). It is unlawful for a person to possess more than one timber rattlesnake or copperhead at any time except as provided in § 79.7(f).

The provisions of this § 79.3 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and the Fish and Boat Code, 30 Pa.C.S.

The provisions of this § 79.3 amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1500; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672; amended September 20, 2019, effective September 21, 2019, 49 Pa.B. 5450. Immediately preceding text appears at serial pages (390805) to (390808).

This section cited in 58 Pa. Code § 79.7 (relating to organized reptile and amphibian hunt permits); and 58 Pa. Code § 79.12 (relating to color morphs of native species).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.4 Possession permits for native species.

(a) Application. The Commission finds, under section 2904 of the code (relating to permits for the protection and management of particular fish), that it is necessary for persons who possess a live reptile or amphibian as of January 1, 2007, in compliance with the possession limits in effect on December 31, 2006, but not in compliance with the possession limits in effect on January 1, 2007, to have a permit for the continued possession of the reptile or amphibian for the remainder of the animal’s life. Application for a one-time permit under this section must be made on a form prescribed by the Commission, must be accompanied by the appropriate fee and must be made by no later than June 30, 2007. Permits may be obtained by applying to: Bureau of Law Enforcement, 1601 Elmerton Avenue, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The fee is $10.

(b) Transfer. If a permittee gives a reptile or amphibian covered by a permit under this section to another person, the permit may be transferred to the new owner upon completion of an application on the form provided by the Commission, surrender of the original permit and payment of the appropriate fee. The new owner shall apply for transfer of the permit prior to taking possession of the animal. The fee to transfer a permit under this section is $10.

(c) Denial. The denial of a permit under this section is appealable in the manner provided by § § 51.41—51.46 (relating to permit procedures). A person who is denied a permit under this section shall surrender the reptile or amphibian to an officer authorized to enforce the code or provide proof that the animal was humanely euthanized or given to a person or organization that can lawfully possess it. Under no circumstances may a person who is denied a permit under this section release the animal into the wild.

(d) Required permit. It is unlawful to retain possession of a live reptile or amphibian possessed as of January 1, 2007, that is in compliance with the possession limits in effect on December 31, 2006, but not in compliance with the possession limits in effect on January 1, 2007, without the required permit from the Commission. A permit is required for continued possession regardless of the animal’s origin. A separate permit shall be obtained for each reptile or amphibian and shall be kept at the location where the animal is held. Upon request, the permit shall be presented to an officer authorized to enforce the code. Permittees shall comply with the terms and conditions of the permit. It is unlawful to alter, borrow or lend a permit under this section.

(e) Exceptions. This section does not apply to the possession of reptiles and amphibians that are covered by permissions and other permits issued under this subpart.

The provisions of this § 79.4 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.

This section cited in 58 Pa. Code § 79.3 (relating to season and daily possession limits).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.5 Snapping turtle permits.

(a) The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of the common snapping turtle (Chelydra serpentina) that persons who hunt, take, catch or kill this species for the purpose of sale, barter or trade have an annual permit for the activity. Application for a permit must be made on a form prescribed by the Commission and must be accompanied by the appropriate fee. Permits may be obtained by applying to the Natural Diversity Section Chief, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. The fee for residents is $60 per year; the fee for nonresidents is $120 per year. The denial of a permit under this section is appealable in the manner provided by Chapter 51, Subchapter E (relating to permit procedures).

(b) It is unlawful to hunt, take, catch, kill or possess the common snapping turtle for purposes of sale, barter or trade without first procuring the required permit. The required permit shall be in possession of the permittee at all times while hunting. Permittees shall comply with the terms and conditions of the permit and furnish the reports required thereby. It is unlawful to alter, borrow, lend or transfer a permit under this section.

(c) It is unlawful to sell, barter, trade or offer for sale a common snapping turtle, dead or alive, in whole or in parts, taken from lands or waters of this Commonwealth without first procuring the permit required under this section.

The provisions of this § 79.5 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and the Fish and Boat Code, 30 Pa.C.S. § 2904.

The provisions of this § 79.5 amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672; amended December 14, 2018, effective January 1, 2019, 48 Pa.B. 7640. Immediately preceding text appears at serial page (390810).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.6 Venomous snake permits.

(a) Application. The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of the timber rattlesnake (Crotalus horridus) and Eastern copperhead (Agkistrodon contortrix) that persons who hunt, take, catch or kill these species have a permit for the activity. Application for a permit must be made on a form prescribed by the Commission and accompanied by the appropriate fee. Permits may be obtained by applying to: Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. The fee for residents is $30 per year; the fee for nonresidents is $60 per year. The denial of a permit under this section is appealable in the manner provided by Chapter 51, Subchapter E (relating to permit procedures).

(b) Required permit. It is unlawful to hunt, take, catch, kill or possess a timber rattlesnake or Eastern copperhead, in whole or in parts, without first procuring the required permit from the Commission. The required permit shall be in the possession of the permittee at all times while hunting. Permittees shall comply with the terms and conditions of the permit and furnish the reports required thereby. It is unlawful to alter, borrow, lend or transfer a permit under this section.

(c) Reporting. Within 10 business days following the capture or kill, or if no snake is captured or killed, within 10 days of the conclusion of the season, the permittee shall complete a report on the form prescribed by the Commission and shall mail the report to the Commission’s Natural Diversity Section, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823.

(d) Tagging of timber rattlesnakes.

(1) A person who takes, catches, kills or possesses a timber rattlesnake shall immediately complete the possession tag that is attached to his permit and detach the tag from the permit in the field. The possession tag shall be completed in accordance with the instructions printed on the tag, and the information to be provided includes, but is not limited to, the municipality and county where the snake was captured or killed, the date of capture or kill and a description of the snake, including color phase, sex, number of subcaudal scales and length in inches. The possession tag shall be kept in a safe location so that it can be presented along with the timber rattlesnake to which it pertains upon the request of an officer authorized to enforce the code.

(2) After the possession tag is detached from the permit, it is unlawful to take, catch, kill or possess another timber rattlesnake except as otherwise provided in this chapter.

(3) It is unlawful to alter, borrow, lend or transfer possession tags under this section.

(4) When presenting a timber rattlesnake to a taxidermist for mounting, the tag must remain with the rattlesnake while in the possession of the taxidermist.

(e) Field dressing of timber rattlesnakes. A permittee may field dress a timber rattlesnake so long as the head and tail remain intact.

(f) Measurement of timber rattlesnakes. Upon the request of an officer authorized to enforce the code, a permittee shall measure a timber rattlesnake to determine its length. If the permittee is unable to measure the timber rattlesnake, the officer may seize the snake so that a measurement may be taken at another location.

The provisions of this § 79.6 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904; amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and the Fish and Boat Code, 30 Pa.C.S.

The provisions of this § 79.6 amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1500; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672; amended December 14, 2018, effective January 1, 2019, 48 Pa.B. 7640; amended September 20, 2019, effective September 21, 2019, 49 Pa.B. 5450. Immediately preceding text appears at serial pages (395086) to (395088).

This section cited in 58 Pa. Code § 79.7 (relating to organized reptile and amphibian hunt permits).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.7 Organized reptile and amphibian hunt permits.

(a) Application. The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of reptiles and amphibians in this Commonwealth that organized reptile and amphibian hunts be conducted under permits issued under this section. The sponsor of an organized reptile and amphibian hunt shall apply for a permit by no earlier than January 1 and no later than March 1 of the year for which the hunt is proposed. Application for a permit must be made on a form prescribed by the Commission and must be accompanied by the appropriate fee. Permits may be obtained by applying to the Natural Diversity Section Chief, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. The fee for the permit is $120. The denial of a permit under this section is appealable in a manner provided by Chapter 51, Subchapter E (relating to permit procedures).

(b) Permit issuance.

(1) The Executive Director will issue permits to applicants who demonstrate that they are responsible and qualified to conduct an organized reptile and amphibian hunt. In determining the qualifications of an applicant, the Executive Director, or a designee, may consider factors as deemed appropriate, including, but not limited to, the experience of the applicant in conducting the events, the responsiveness of the applicant to reporting requirements, the safety record of the applicant, the ability of the applicant to conduct educational programs, the context of the event and competing applications.

(2) The Executive Director may limit the number of organized reptile and amphibian hunt permits to be issued for a particular vicinity and time proximity. In general, permits will be issued to qualified applicants no earlier than March 15 of the year in which the application is submitted. If the Commission is aware of events scheduled in the vicinity of one another within 4 weeks, and the Executive Director determines that all events cannot be permitted consistent with resource management and protection, the Executive Director may designate the applicants as competing applications. If competing applications are designated, the Executive Director may, if the parties cannot agree on the withdrawal of one or more applications, award a permit on a random basis, an alternate year basis or some other rational basis as the interests of fairness may dictate.

(c) Required permit. It is unlawful to engage in organized reptile and amphibian hunts unless the sponsors of the hunts have first procured the required permit for each hunt. The required permits shall be held in possession of the sponsor at all times during each hunt. Permittees shall comply with the terms and conditions of each permit and furnish reports required thereby.

(d) Reporting. At the location of the hunt, the permittee shall complete a report on the form prescribed by the Commission that will include, at a minimum, the location of the hunt; the names of the registered participants; the species name of the reptile or amphibian that was captured or killed; a description of the reptile or amphibian that was captured or killed; the date and time the reptile or amphibian was brought to the hunt and the permit number of the person who captured or killed the reptile or amphibian. The permittee shall complete the form as registered participants deliver their reptiles or amphibians for entry into the competition. This form shall be presented upon the request of an officer authorized to enforce the code. Within 10 days following the conclusion of the event, the permittee shall submit the form to the Commission.

(e) Season. It is unlawful to conduct an organized reptile or amphibian hunt for any species of reptile or amphibian except during the open season for the reptile or amphibian as specified in § 79.3 (relating to season and daily possession limits).

(f) Provisional timber rattlesnake permits.

(1) Conditions. A permitted sponsor of an organized hunt may issue provisional permits on the form prescribed by the Commission subject to the following conditions:

(i) A provisional permit allows the holder thereof to take, catch or possess one timber rattlesnake without tagging the snake as required by § 79.6(d) (relating to venomous snake permits).

(ii) Provisional permits will be issued only in connection with an organized hunt and will be valid only during the period of the organized hunt as stated in the permit.

(iii) Provisional permits will only be issued to holders of permits under § 79.6 who are registered participants in the organized hunt.

(iv) A snake caught under a provisional permit shall be entered into the hunt and shall become the possession of the permitted sponsor of the organized hunt until the permitted sponsor returns the snake to the holder of the provisional permit.

(v) The holder of a provisional permit shall be responsible for returning a snake caught under a provisional permit unharmed to the site from which it was taken by sunset of the last day of the organized hunt.

(vi) Provisional permits in no way allow the holders thereof to possess a snake beyond the period of the organized hunt. The holder of a provisional permit who wishes to retain possession of a snake caught under a provisional permit shall tag the snake in accordance with § 79.6(d).

(2) Prohibited acts. The following acts are unlawful:

(i) A permitted sponsor of an organized hunt issues a provisional permit in violation of this subsection.

(ii) The holder of a provisional permit violates the terms and conditions of the provisional permit.

(iii) The holder of the provisional permit possesses a snake beyond the period of the organized hunt.

(iv) The holder of a provisional permit releases the snake to a site other than the site from which it was taken.

(g) Sacking contests. Sacking contests of native species regardless of origin are prohibited. It is unlawful to import timber rattlesnakes or any subspecies, hybrid or variety of Crotalus horridus, into this Commonwealth for use in connection with a sacking contest.

(h) Treatment of reptiles and amphibians. Reptiles and amphibians held in connection with an organized hunt may not be confined without water or shade or otherwise physically abused or handled roughly. Free-handling of native, venomous reptiles in an organized hunt is prohibited. At the conclusion of the organized hunt, the sponsor shall return the snakes to the registered participants who entered the snakes in the event.

The provisions of this § 79.7 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and the Fish and Boat Code, 30 Pa.C.S. § 2904.

The provisions of this § 79.7 amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672; amended December 14, 2018, effective January 1, 2019, 48 Pa.B. 7640. Immediately preceding text appears at serial pages (390812) to (390814).

This section cited in 58 Pa. Code § 79.3 (relating to season and daily possession limits).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.8 Artificial propagation and dealers of live reptiles and amphibians.

(a) General. Except for hobby breeders and pet stores as defined in 3 Pa.C.S. Chapter 42 (relating to Aquaculture Development Law), it is unlawful to artificially propagate or deal in live reptiles and amphibians without being registered with the Department of Agriculture (Department) under 3 Pa.C.S. Chapter 42. It is unlawful for anyone, regardless of whether or not registered, to artificially propagate reptiles and amphibians except those species, subspecies and color morphs that the Commission has approved for artificial propagation in this Commonwealth in accordance with this section.

(b) Approved lists. The Bureau of Fisheries will maintain lists of species, subspecies and color morphs for which the Department may issue registrations for artificial propagation and registrations for dealers of live reptiles and amphibians. The Bureau of Fisheries will maintain two separate lists—one that the Commission has approved for artificial propagation in an open system and one that the Commission has approved for artificial propagation in a closed system. The Director of the Bureau of Fisheries may update or modify the lists of approved species, subspecies and color morphs by adding species, subspecies or color morphs to or deleting species, subspecies or color morphs from the lists as necessary for the protection and management of reptiles and amphibians in this Commonwealth. The Commission will provide the lists to the Department on or before January 31 each year and whenever the Commission updates or modifies the lists. Copies of the lists of approved species, subspecies and color morphs are available upon request from the Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823.

(c) Open systems. Reptiles and amphibians may be artificially propagated or held by dealers in an open system only when the Commission has approved the species, subspecies or color morphs for artificial propagation in an open system.

(d) Closed systems.

(1) Reptiles and amphibians may be artificially propagated or held by dealers in a closed system that meets the requirements of this subsection only when the Commission has approved the species, subspecies or color morphs for artificial propagation in a closed system.

(2) To artificially propagate or deal in live reptiles and amphibians in a closed system, an applicant for registration shall certify that the following conditions are met:

(i) The closed system will be constructed and operated in a manner that prevents the escape or liberation of live animals. Typically, a closed system will be housed indoors in a structure enclosed by solid walls, floor and roof. For purposes of this paragraph, a wall, floor or roof will be considered ‘‘solid’’ if it is constructed and maintained to prevent unauthorized human or animal intrusions into the closed system facility and to prevent release or escape of live reptiles or amphibians from the closed system. Other types of housing structures will be considered closed if they are appropriate for the species being held and prevent their escape or liberation onto the lands or into the waters of this Commonwealth.

(ii) If water will be used in the propagator’s or dealer’s normal operations, discharge or disposal of the water will be in a manner that prevents the escape or liberation of live animals onto the lands or into the waters of this Commonwealth.

(iii) No live reptiles or amphibians or live reptile or amphibian eggs will be permitted to escape. Accidental escape, spillage or loss of live reptiles or amphibians including their eggs will be contained within the facility in a manner that prevents the reptiles and amphibians or their eggs from escaping onto the lands or into the waters of this Commonwealth.

(3) The Commission may request from the Department a list of registered propagators and dealers that hold reptiles and amphibians in closed systems. The Commission, in its discretion, may inspect the closed systems to ensure that they are designed and constructed in a manner to prevent escape of live reptiles or amphibians or their live eggs onto lands or into the waters of this Commonwealth. In addition, the Commission, in its discretion, may inspect the closed systems at any time to ensure compliance with this subsection, and the Commission may issue an order to suspend operations of any of these systems when an inspection discloses that it is not in compliance with this subsection.

(4) The Commission will invite the Department’s Aquaculture Advisory Committee or a subcommittee thereof to draft and periodically update construction guidelines for closed system propagators and dealers to help them ensure closed systems prevent escape of reptiles and amphibians onto the lands or into the waters of this Commonwealth. These guidelines will assist registered propagators and dealers in the design, construction and maintenance of closed systems and will assist the Commission in inspecting these systems.

(5) It is unlawful for an operator of a closed system to liberate or allow live reptiles or amphibians to escape onto lands or into the waters of this Commonwealth.

(6) A registered operator of a closed system shall develop, maintain and make available for immediate inspection by the Commission and the Department upon request a written plan for containing or recovering escaped or liberated live reptiles and amphibians in the event of a closed system failure.

(7) A registered operator of a closed system shall notify both the Commission’s Director of the Bureau of Fisheries and the Department’s Aquaculture Coordinator immediately in the event of an escape or liberation of live reptiles and amphibians.

The provisions of this § 79.8 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 79.8 amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial pages (325070) to (325072).

This section cited in 58 Pa. Code § 79.12 (relting to color morphs of native species).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.9 Sale of native species.

Except as otherwise provided in the code or this chapter, it is unlawful to take, catch, kill or possess for purposes of selling or offering for sale or to sell, offer for sale, import or export for consideration, trade or barter, or purchase an amphibian or reptile that was taken from lands or waters wholly within this Commonwealth, and its progeny, whether dead or alive, in whole or in parts, including eggs or any life stage.

The provisions of this § 79.9 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

This section cited in 58 Pa. Code § 79.10 (relating to transportation and importation of native species).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.10 Transportation and importation of native species.

(a) It is unlawful to transport or import into or within this Commonwealth a native species from another jurisdiction.

(b) It is unlawful to receive a native species that was transported or imported into or within this Commonwealth from another jurisdiction.

(c) This section does not apply to zoos or other accredited institutions that transport and import native species for scientific, educational or research purposes and Commission-recognized rehabilitators provided that they have received the written permission of the Executive Director or a designee under § 79.3(c) (relating to season and daily possession limits).

The provisions of this § 79.10 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.11 Introduction.

(a) Nonnative species. It is unlawful to introduce a nonnative species into the natural environment of this Commonwealth. Persons who import nonnative reptiles or amphibians into this Commonwealth shall institute appropriate safeguards to prevent their introduction into the natural environment of this Commonwealth.

(b) Native species.

(1) General rule. It is unlawful to reintroduce a native species taken from the wild into the natural environment of this Commonwealth except when the following conditions are met:

(i) The reptile or amphibian is released to the point of capture.

(ii) The reptile or amphibian is released within 30 days of capture.

(iii) The reptile or amphibian is released during the period, May 1 through September 31.

(iv) The reptile or amphibian is in good health.

(v) The reptile or amphibian has not been in physical contact with another reptile or amphibian while in captivity.

(2) Artificially propagated animals. It is unlawful to introduce or facilitate the introduction of a native species that has been artificially propagated except when the following conditions are met:

(i) The Commission has approved the native species for artificial propagation in an open system in accordance with § 79.8 (relating to artificial propagation and dealers of live reptiles and amphibians).

(ii) The native species has been propagated by a propagator registered by the Department of Agriculture in accordance with 3 Pa.C.S. Chapter 42 (relating to aquaculture development).

The provisions of this § 79.11 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.12 Color morphs of native species.

(a) For purposes of this chapter, it is presumed that color morphs of certain native species that are held in captivity were not taken from the wild. Therefore, the Commission has determined that color morphs of certain native species are exempt from the requirements of this chapter as provided in this section. The Commission will publish in the Pennsylvania Bulletin a list of color morphs of native species to which the following provisions apply:

(1) Color morphs of native species designated by the Commission are not subject to the possession limits of § 79.3 (relating to season and daily possession limits) provided they are not taken from the wild.

(2) Color morphs of native species designated by the Commission may be artificially propagated provided they are not taken from the wild and they are propagated in a closed system meeting the requirements of § 79.8 (relating to artificial propagation and dealers of live reptiles and amphibians).

(3) Color morphs of native species designated by the Commission may be sold by artificial propagators and dealers registered in accordance with 3 Pa.C.S. Chapter 42 (relating to Aquaculture Development Law) provided they are not taken from the wild.

(b) The Commission recognizes that the captive breeding of color morphs approved for propagation by the Commission in this section may result in animals that have a normal color appearance (typical phenotype). The typical phenotype progeny of these color morphs may be sold provided that the following conditions are met:

(1) They are sold by an artificial propagator or dealer registered in accordance with 3 Pa.C.S. Chapter 42.

(2) They were propagated in a closed system meeting the requirements of § 79.8 by a registered propagator.

(3) The artificial propagator or dealer that intends to sell them shall file an initial inventory on the form prescribed by the Commission that contains the numbers in possession as of December 31, 2006, and other information that the Commission requires. The artificial propagator or dealer shall submit the inventory to the Commission’s Natural Diversity Section Chief, Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823 by no later than January 31, 2007.

(4) The artificial propagator or dealer selling them shall maintain a current inventory on a form prescribed by the Commission, showing their origin, numbers and other information that the Commission requires. Artificial propagators or dealers shall maintain the inventory at their place of business and shall have the inventory in their possession when selling them. The inventory shall be presented upon the request of an officer authorized to enforce the code.

(5) The artificial propagator or dealer selling them shall submit an annual report on the form prescribed by the Commission that includes changes in the numbers possessed (for example, gains and losses to the inventory) and other information that the Commission requires. The artificial propagator or dealer shall submit the report to the Commission’s Natural Diversity Section Chief, Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823 by no later than January 31 of the following year.

The provisions of this § 79.12 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102; amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 79.12 amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial pages (325073) to (325074).

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

58 Pa. Code § 79.13 Natural areas.

(a) This chapter applies to all native species occurring naturally within the boundaries of selected Natural Areas of the Department of Conservation and Natural Resources.

(b) The taking, catching, killing or possession of individuals of any native species occurring naturally within the boundaries of designated natural areas by persons other than those possessing a valid scientific collector’s permit is prohibited.

(c) Notice of this section will be posted at parking lots or access areas on the fringe of each designated natural area.

(d) Subsections (a) and (b) apply to natural areas within State Forests posted in accordance with subsection (c).

The provisions of this § 79.13 issued under the Fish and Boat Code, 30 Pa.C.S. § 2102.

History

• Authority: The provisions of this § 79.
• Source: The provisions of this Chapter 79 adopted December 22, 2006, effective January 1, 2007, 36 Pa.

Subpart C Boating

Chapter 91 General Provisions

58 Pa. Code § 91.1 Purpose.

The Commission has promulgated and adopted this subpart under the code. This subpart is intended to implement and supplement the code related to boats and boating, and to regulate boats and boating, owners and operators of boats and the operation and navigation of boats, over, upon, in or through the waters of this Commonwealth.

The provisions of this § 91.1 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (178599) to (178600).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.2 Definitions.

(a) Unless expressly provided otherwise in this subpart, or the context clearly indicates otherwise, the definitions provided in section 102 of the code (relating to definitions) apply to this subchapter.

(b) The term ‘‘underway’’ means that a vessel is not at anchor, or made fast to the shore, or aground.

(c) The term ‘‘passenger’’ means any person on a boat, including persons being towed using any device.

The provisions of this § 91.2 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789. Immediately preceding text appears at serial page (227684).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.3 Operator responsibility.

Unless otherwise provided in this subpart, and except in cases where the context clearly indicates otherwise, the operator of a boat shall be responsible for compliance with this subpart and the code. The operator of a boat which is not equipped, operated, registered or marked in compliance with this subpart may be charged with a violation.

The provisions of this § 91.3 adopted June 6, 1986, effective June 7, 1986, 16 Pa.B. 2021; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (178600).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.4 Age of operator.

(a) A person 11 years of age or younger may not operate a personal watercraft or a boat propelled by a motor greater than 25 horsepower.

(b) A person 12 through 15 years of age may not operate a personal watercraft if there are any passengers onboard 15 years of age or younger.

The provisions of this § 91.4 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

The provisions of this § 91.4 adopted September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5701; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3213; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended June 10, 2005, effective June 11, 2005, 35 Pa.B. 3308. Immediately preceding text appears at serial pages (297654) and (297655).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.5 Parental and boat owner responsibility.

(a) It is unlawful for the owner of a boat knowingly to allow or permit a child 17 years of age or younger to operate the boat in violation of this subpart.

(b) It is unlawful for a parent or guardian of a child 17 years of age or younger knowingly to allow or permit the child to operate a boat in violation of this subpart.

(c) It is unlawful for the owner of a boat knowingly to allow an individual who is required to have a boating safety education certificate to operate the boat without having a boating safety education certificate onboard.

The provisions of this § 91.5 adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5736. Immediately preceding text appears at serial page (335915).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.6 Boating Safety Education Certificates.

(a) Definition.

(1) For residents of this Commonwealth, a Boating Safety Education Certificate is a document issued by the Commission certifying that the person named on the certificate has established proof of competency through the successful completion of a course approved in accordance with § 91.7 (relating to criteria for courses of instruction in boating safety education).

(2) For nonresidents, a Boating Safety Education Certificate is a certificate, card or other official document that indicates on the certificate, card or other document successful completion of a course approved by the National Association of State Boating Law Administrators.

(b) Certificate issuance. The Commission will issue a Pennsylvania Boating Safety Education Certificate to persons who present proof of successful completion of a boating safety education course approved in accordance with § 91.7 and the payment of fees under section 5104 of the code (relating to fees).

(c) Certificate possession. When the operator of a boat is required by law or regulation to possess a Boating Safety Education Certificate, it is unlawful to operate the boat on the waters of this Commonwealth without carrying onboard the Boating Safety Education Certificate issued to the operator. A Boating Safety Education Certificate shall be carried so that it can be presented to an officer authorized to enforce this subpart.

(d) Temporary certificate. The Executive Director or a designee may authorize the issuance of temporary Boating Safety Education Certificates to persons who successfully complete boating safety education courses approved by the Commission. Temporary Boating Safety Education Certificates expire when the permanent certification is issued or 60 days after issuance, whichever occurs first.

(e) Boating without a certificate onboard.

(1) When an operator is found operating a boat without possessing a Boating Safety Education Certificate, the operator will cease operation of the boat and follow the instructions of the apprehending officer. The operator may not resume operation of the boat until he demonstrates to the Commission’s satisfaction that he possesses a certificate.

(2) When an operator is found operating a boat without a Boating Safety Education Certificate onboard and claims that the certificate is available, the apprehending officer shall give the operator 7 days to produce the original certificate. If it is inconvenient for the operator to produce the certificate in person, the officer may permit the operator to mail the original certificate to the officer for verification. The operator shall provide a stamped self-addressed envelope for the return of the certificate. If the operator fails to send the original certificate within the 7-day period, the officer shall institute summary proceedings against the operator in the manner prescribed by law.

(f) Prohibitions. A person may not alter, borrow, lend or transfer a Boating Safety Education Certificate or give false or misleading information to the Commission, its officers or agents when applying for a temporary or a permanent Boating Safety Education Certificate.

The provisions of this § 91.6 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123, amended under 30 Pa.C.S. § 5103.

The provisions of this § 91.6 adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5016; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3206; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended March 14, 2003, effective March 15, 2003, 33 Pa.B. 1348; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1725; corrected August 16, 2008, effective August 16, 2008. Immediately preceding text appears at serial pages (333667) to (333668).

This section cited in 58 Pa. Code § 109.3 (relating to personal watercraft).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.7 Criteria for courses of instruction in boating safety education.

(a) The Executive Director will establish criteria for courses of instruction in boating safety education, and the Executive Director will publish the criteria in the Pennsylvania Bulletin.

(b) The Executive Director may approve, by notice, boating safety education courses that meet the course criteria established under this section and will publish a list of approved boating safety education courses in the Pennsylvania Bulletin on an annual basis or more frequently as required.

The provisions of this § 91.7 issued under 30 Pa.C.S. § 5123, amended under 30 Pa.C.S. § 5103.

The provisions of this § 91.7 adopted July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468. Immediately preceding text appears at serial page (297657).

This section cited in 58 Pa. Code § 91.6 (relating to boating safety education certificates).

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

58 Pa. Code § 91.8 Fees.

(a) Fees. The following fees apply to registrations, licenses, permits and certificates issued under this title and the fees collected shall be deposited into the Boat Fund:

(1) Dealer registration, $25 each per year.

(2) Commercial passenger boat registration, $25 each.

(3) License for operator of passenger-carrying boat, $25 each.

(4) Transfer of a multiyear boat registration, $10.

(5) Permit for commercial floating structure or aids to navigation, $20 each.

(b) Effective date. The fees imposed under subsection (a) are effective beginning January 1, 2023.

The provisions of this § 91.8 added under 30 Pa.C.S. § 322.1.

The provisions of this § 91.8 added December 30, 2022, effective January 1, 2023, 52 Pa.B. 8232.

History

• Authority: The provisions of this § 91.
• Source: The provisions of this § 91.

Chapter 95 Manufacturer Installed Equipment

58 Pa. Code § 95.1 Safety standards for boats.

(a) A boat subject to the code, construction of which commenced on or after November 1, 1972, may not be sold or offered for sale in this Commonwealth which does not have affixed by the manufacturer a label certifying that the boat and associated equipment complies with the safety standards promulgated by the United States Coast Guard in effect on the date construction or assembly began. The label shall be of the construction, contain the information and be affixed in the manner as required by the Coast Guard.

(b) Boats built after November 1, 1972, and required to have a Manufacturer Certification of Compliance Label as required by subsection (a) shall be maintained so that the boat and associated equipment and systems remain in good and operable condition and continue to meet the standards for the equipment promulgated by the United States Coast Guard.

The provisions of this § 95.1 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (155725).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.2 Removal or alteration of certification label.

A person may not remove the label, or delete or alter the information required on that label affixed by the manufacturer, unless authorized in writing by the Commission.

The provisions of this § 95.2 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (155725) to (155726).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.3 Lights for boats.

(a) General rule. The navigation lights requirements in this section shall be complied with in all weather from sunset to sunrise on the waters of this Commonwealth. During these times other lights may not be exhibited, except lights that cannot be mistaken for the lights specified in this section, lights that do not impair their visibility or distinctive character, or interfere with the keeping of a proper lookout. The lights prescribed in this section must, if carried, be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary. The lights specified in this section must comply with United States Coast Guard specifications.

(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: All-round light—A light showing an unbroken light over an arc of the horizon of 360°. Docking light—A flood or spotlight type of light permanently installed or permanently mounted on a motorboat that is used to illuminate a boat’s forward course of travel. Flashing light—A light flashing at regular intervals at a frequency of 120 flashes or more per minute. Masthead light—A white light placed over the fore and aft centerline of the boat showing an unbroken light over an arc of the horizon of 225° and fixed as to show the light from right ahead to 22.5° abaft the beam on either side of the boat, except that on a boat of less than 39.4 feet (12 meters) in length, the masthead light must be placed as nearly as practicable to the fore and aft centerline of the boat. Restricted visibility—A condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or other similar causes. Sailboat—A boat under sail provided that propelling machinery, if fitted, is not being used. Sidelights—A green light on the starboard (right) side and a red light on the port (left) side, each showing an unbroken light over an arc of the horizon of 112.5° and fixed as to show the light from right ahead to 22.5° abaft the beam on its respective side. On a boat of less than 65.6 feet (20 meters) in length, the side lights may be combined in one lantern carried on the fore and aft centerline of the boat. On a boat of less than 39.4 feet (12 meters) in length, the sidelights when combined in one lantern must be placed as nearly as practicable to the fore and aft centerline of the boat. Special flashing light—A yellow light flashing at regular intervals at a frequency of 50 to 70 flashes per minute, placed as far forward and as nearly as practicable on the fore and aft centerline of the tow and showing an unbroken light over an arc of the horizon of not less than 180° nor more than 225° and fixed as to show the light from right ahead to abeam and no more than 22.5° abaft the beam on either side of the boat. Sternlight—A white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135° and fixed as to show the light 67.5° from right aft on each side of the boat. Underway—A boat that is not at anchor, made fast to the shore or aground.

(c) Visibility of lights.—The lights prescribed in this section must have an intensity as specified by the United States Coast Guard so as to be visible at the following minimum ranges:

(1) In a boat of 164 feet (50 meters) or more in length: a masthead light, 6 miles; a sidelight, 3 miles; a sternlight, 3 miles; a towing light, 3 miles; a white, red, green or yellow all-round light, 3 miles; and a special flashing light, 2 miles.

(2) In a boat of 39.4 feet (12 meters) or more in length but less than 164 feet (50 meters) in length: a masthead light, 5 miles; except that when the length of the boat is less than 65.6 feet (20 meters), 3 miles; a sidelight, 2 miles; a sternlight, 2 miles; a towing light, 2 miles; a white, red, green or yellow all-round light, 2 miles; and a special flashing light, 2 miles.

(3) In a boat of less than 39.4 feet (12 meters) in length: a masthead light, 2 miles; a sidelight, 1 mile; a sternlight, 2 miles; a towing light, 2 miles; a white, red, green or yellow all-round light, 2 miles; and a special flashing light, 2 miles.

(4) In an inconspicuous, partly submerged boat or object being towed: a white all-round light, 3 miles.

(d) Motorboats underway.

(1) A motorboat underway must exhibit the following lights:

(i) A masthead light forward.

(ii) A second masthead light abaft of and higher than the forward one. A boat of less than 164 feet (50 meters) in length may exhibit this light.

(iii) Sidelights.

(iv) A sternlight.

(2) An air-cushion boat when operating in the nondisplacement mode must, in addition to the lights prescribed in paragraph (1), exhibit an all-round flashing yellow light where it can best be seen.

(3) A motorboat of less than 39.4 feet (12 meters) in length may, instead of the lights prescribed in paragraph (1), exhibit an all-round white light and sidelights.

(e) Sailboats underway and unpowered boats.

(1) A sailboat underway must exhibit the following lights:

(i) Sidelights.

(ii) A sternlight.

(2) In a sailboat of less than 65.6 feet (20 meters) in length, the lights prescribed in paragraph (1) may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(3) A sailboat underway may, in addition to the lights prescribed in paragraph (1), exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower green. These lights may not be exhibited in conjunction with the combined lantern permitted by paragraph (2).

(4) A sailboat of less than 23 feet (7 meters) in length must, if practicable, exhibit the lights prescribed in paragraph (1) or (2). If these lights are not exhibited, the sailboat must have ready at hand an electric torch or lighted lantern showing a white light that must be exhibited in sufficient time to prevent collision.

(5) An unpowered boat may exhibit the lights prescribed in this subsection for sailboats. If these lights are not exhibited, the unpowered boat must have ready at hand an electric torch or lighted lantern showing a white light that must be exhibited in sufficient time to prevent collision.

(f) Anchored boats and boats aground.

(1) A boat at anchor must exhibit an all-round white light where it can best be seen:

(i) In the fore part.

(ii) At or near the stern and at a lower level than the light prescribed in subparagraph (i).

(2) A boat of less than 164 feet (50 meters) in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (1).

(3) A boat aground must exhibit the lights prescribed in paragraph (1) where they can best be seen.

(4) A boat of less than 65.6 feet (20 meters) in length, when at anchor in a special anchorage area designated by the United States Coast Guard, is not required to exhibit the anchor lights and shapes required under this subsection.

(g) Boats being towed. When, for any sufficient cause, it is impracticable for a boat or object being towed to exhibit the lights prescribed in this section, all possible measures shall be taken to light the boat or object towed or at least to indicate the presence of the unlighted boat or object.

(h) Docking lights. It is unlawful for a boat operator to use docking lights while underway except when docking and the boat is traveling at slow, no wake speed and is within 100 feet of approaching a dock, a mooring buoy or the shoreline.

The provisions of this § 95.3 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

The provisions of this § 95.3 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2438; amended December 19, 2014, effective January 1, 2015, 44 Pa.B. 7872. Immediately preceding text appears at serial pages (356971) to (356973).

This section cited in 58 Pa. Code § 105.1 (relating to conditions requiring immediate corrective action).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.4 Special anchorage areas.

The Commission will consider for approval as special anchorage areas areas in which the United States Coast Guard is not interested. These special areas shall be clear of well defined channels, particularly channels used by deep draft commercial boats, and they shall be marked sufficiently to warn an approaching boat of the presence of anchored or moored boats. In certain cases, lighted buoys may be used to mark offshore extremities. Shoreside lights used to illuminate moored boats shall be screened so that the operator of an approaching boat is not blinded.

The provisions of this § 95.4 amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 2021; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (155726) and (147849).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.5 Ventilation.

(a) Motorboats, except open boats, which have been constructed since April 25, 1940, and which use fuel having a flash point of 110° F or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed extending from the lower portion of the bilge to the open atmosphere and at least one intake duct installed extending to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness to prevent displaced fumes from recirculating.

(b) As used in this section, ‘‘open boats’’ means motorboats with engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from those compartments may flow, open to the atmosphere and arranged to prevent the entrapment of the gases and vapors within the boat. A compartment is to be considered open only if fumes cannot be entrapped. The following conditions shall be met to consider a boat open:

(1) The engine and fuel tank compartments shall have as a minimum 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.

(2) Compartments shall have at least 1 square inch of open area per cubic foot, within 1 inch of the compartment bilge level or floor, so that vapors will drain into open areas.

(3) There may be no long or narrow unventilated spaces accessible from the compartments in which a flame front could propagate.

(4) Long, narrow compartments, such as side panels, if joining engine or fuel compartments and not serving as ducts thereto, shall have at least 15 square inches of open area per cubic foot provided by frequent openings along the full length of the compartment formed.

(c) Boats built after July 31, 1978, are excepted from subsection (a) for fuel tank compartments that contain the following:

(1) A permanently installed fuel tank if each electrical component is ignition protected in accordance with applicable United States Coast Guard manufacturer’s standards in effect at the time of construction.

(2) Fuel tanks that vent to the outside of the boat.

(d) Boats built after July 31, 1980, or which are in compliance with United States Coast Guard manufacturer’s standards in effect at the time of construction are excepted from these requirements.

The provisions of this § 95.5 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (147849).

This section cited in 58 Pa. Code § 105.1 (relating to conditions requiring immediate corrective action).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.6 Backfire flame control.

(a) Gasoline engines, except outboard motors, shall be equipped with an acceptable means of backfire flame control. Installations consisting of a backfire flame arrestor bearing basic United States Coast Guard Approval Numbers 162.016 or 162.041 or engine air and fuel induction systems bearing basic United States Coast Guard Approval Numbers 162.15 or 162.42 may be continued in use as long as they are serviceable and in good condition. New installations or replacements shall meet the requirements of this section.

(b) The following are acceptable means of backfire flame control for gasoline engines:

(1) A backfire flame arrestor complying with SAE J-1928 or UL 1111 and marked accordingly. The flame arrestor shall be suitably secured to the air intake with a flame tight connection.

(2) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an acceptable backfire flame arrestor. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrestor, shall either include a reed valve assembly or be installed in accordance with SAE J-1928.

(3) An arrangement of the carburetor or engine air induction system that will disburse flames caused by engine backfire. The flames shall be disbursed to the atmosphere outside the vessel so that the flames will not endanger the vessel, persons onboard or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine induction system. Attachments shall be of metallic construction with flame tight connections and firmly secured to withstand vibration, shock and engine backfire. Installations do not require formal approval and labelling but shall comply with this section.

(c) Flame arrestors shall have tight connections and clean elements and may have no separation of grid elements which would permit flames to bypass the grid elements.

The provisions of this § 95.6 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

This section cited in 58 Pa. Code § 105.1 (relating to conditions requiring immediate corrective action).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.7 Hull identification numbers.

(a) A person who builds a boat for his own use shall identify the boat with two hull identification numbers that meet the requirements of this section.

(b) Persons who are required to identify boats under subsection (a) shall obtain the required hull identification number from the Commission. Application shall be made on forms provided by the Commission.

(c) Two identical hull identification numbers are required to be displayed on each boat hull. The first hull identification number shall be affixed as follows:

(1) On boats with transoms, to the starboard side of the transom within 2 inches of the top of the transom gunwale or hull/deck joint, whichever is lowest.

(2) On boats without transoms or on boats on which it would be impractical to use the transom, to the starboard outboard side of the hull, aft, within 1 foot of the stern and within 2 inches of the top of the hull side, gunwale or hull/deck joint, whichever is lowest.

(3) On catamarans and pontoon boats which have readily replaceable hulls, to the aft crossbeam within 1 foot of the starboard hull attachment.

(4) If the hull identification number would not be visible because of rails, fittings or other accessories, the number shall be affixed as near as possible to the location specified in paragraph (1).

(d) The duplicate hull identification number shall be affixed in an unexposed location on the interior of the boat or beneath a fitting or item of hardware.

(e) Each hull identification number shall be carved, burned, stamped, embossed, molded, bonded or otherwise permanently affixed to the boat so that alteration, removal or replacement would be obvious. A hull identification number may not be attached to parts of the boat that are removable.

(f) The character of each hull identification number may not be less than 1/4 of an inch high.

(g) A person may not remove or alter a number required by this section or 33 CFR 181.23 (relating to hull identification numbers required) unless authorized by the Executive Director.

The provisions of this § 95.7 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.8 Marine sanitation devices.

(a) On waters of this Commonwealth, boats which have toilet facilities (a head) permanently installed shall be equipped with a United States Coast Guard certified Marine Sanitation Device (MSD), designed to receive, retain, treat or discharge human body wastes in accordance with applicable Federal requirements. This section applies only to boats equipped with permanently installed toilet facilities and does not require the installation of this type of facility in boats not already so equipped.

(b) A no-discharge type MSD, Type III or a Type I or II secured against discharge is required in boats operated on no-discharge waters. No-discharge waters are fresh waters not open to interstate passage of any type boats which might have marine toilets installed. All sole Commonwealth waters, including Federal impoundments are no-discharge waters. A boat equipped with a flow-through MSD, Type I or Type II, which has been secured by a locked shut-off valve, broken line or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a no-discharge type MSD.

(c) A flow-through type MSD, Type I or Type II, as well as, equipment allowed on no-discharge waters may be used in boats operated on treated discharge waters. These are waters open to interstate navigation by the type boat here involved. These waters include the major rivers, Allegheny Reservoir, Youghiogheny Reservoir and Lake Erie.

(d) The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this subpart and is encouraged.

(e) If the MSD was manufactured after January 30, 1976, proof of its being certified by the United States Coast Guard will be evidenced by its label.

The provisions of this § 95.8 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.9 Authority for waiver.

The Executive Director may waive or modify the equipment requirements of this chapter when a person seeks permission to operate small boats in a restricted area exclusively controlled by the person. The person or his agent shall request the waiver or modification in writing and furnish substantial justification to show that the public safety is not lessened by the action. Action by the Executive Director will be construed as temporary, pending review by the Boating Advisory Board and the action by the Commission at its next regular scheduled meeting.

The provisions of this § 95.9 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

58 Pa. Code § 95.10 Engine cut-off switch.

The operator of a boat less than 26 feet in length equipped with an engine cut-off switch shall use the engine cut-off switch when the boat is operated at greater than slow no-wake speed. The use of an engine cut-off switch shall not be required when the operator is in a fully enclosed cabin of a boat.

The provisions of this § 95.10 added under 30 Pa.C.S. § 5123(a).

The provisions of this § 95.10 added November 29, 2024, effective January 1, 2025, 54 Pa.B. 7673.

The provisions of this Appendix A adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; reserved December 19, 2014, effective January 1, 2015, 44 Pa.B. 7872. Immediately preceding text appears at serial pages (213852) to (213853).

History

• Authority: The provisions of this § 95.
• Source: The provisions of this § 95.

Chapter 97 Operator Provided Equipment

58 Pa. Code § 97.1 Personal flotation devices.

(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

Immediately available—A PFD that is within arm’s reach of the operator or passenger while the boat is being operated. A PFD that is stored in a protective covering or sealed in its original packaging is not immediately available.

PFD—Personal flotation device—A life preserver that is approved by the Commandant of the United States Coast Guard under 46 CFR Part 160 (relating to lifesaving equipment).

Readily accessible—A PFD that is stowed where it can be easily reached or is out in the open ready for wear. A PFD that is stored in a protective covering or sealed in its original packaging is not readily accessible.

Serviceable—When a PFD is fully functional to carry out the purpose for which it was designed and free of tears or defects in the material over the flotation material and the buckles, straps, zippers and other closures are operable.

Throwable PFD—A PFD that is intended to be thrown to a person in the water. A PFD marked as throwable, Type IV, or Type V with Type IV performance is considered a throwable PFD. Unless specifically marked otherwise, a wearable PFD is not a throwable PFD.

Wearable PFD—A PFD that is intended to be worn or otherwise attached to a person’s body. A PFD marked as wearable, Type I, Type II, Type III, or Type V with Type (I, II or III) performance is considered a wearable PFD.

(b) A person may not use a boat unless at least one wearable PFD is on board for each person and the PFD is used in accordance with requirements of the approval label.

(c) A person may not use a boat 16 feet or more in length unless one throwable PFD is on board in addition to the total number of PFDs required in subsection (b). Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional throwable PFD.

(d) Required PFDs shall be in good, serviceable condition, legibly marked showing the Coast Guard approval number and displaying the PFD’s intended or approved use. They shall be of an appropriate size, child or adult, for the person for whom it is intended.

(e) When not worn, wearable PFDs shall be stowed so as to be readily accessible. Throwable PFDs shall be immediately available.

(f) This section does not apply to racing shells, rowing sculls and racing kayaks, such as manually propelled boats recognized by National racing associations for use in competitive racing, when the occupants row, scull or paddle with the exception of the coxswain, if one is provided, and which are not designed to carry and do not carry equipment not solely for competitive racing.

(g) Coast Guard approved PFDs shall be acceptable as long as they are in good, serviceable condition with the approval clearly legible.

(h) Children 12 years of age and younger shall wear an approved wearable PFD while underway on any boat 20 feet or less in length and all canoes, kayaks and paddleboards. The operator of the watercraft violates this subsection if he does not cause a child 12 years of age or younger to wear a PFD as required by this subsection.

(i) Beginning November 1 until midnight April 30 of the following year, a person shall wear a Coast Guard approved wearable PFD while underway or at anchor on boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 97.1 amended under section 10 of the Sunshine Act (65 P.S. § 280); section 506 of The Administrative Code of 1929 (71 P.S. § 186); and 30 Pa.C.S. § 5123.

The provisions of this § 97.1 amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3391; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5736; amended December 30, 2011, effective November 1, 2012, 41 Pa.B. 6972; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial pages (412251) to (412252).

This section cited in 58 Pa. Code § 105.1 (relating to conditions requiring immediate corrective action); 58 Pa. Code § 109.2 (relating to paddleboards and sailboards); 58 Pa. Code § 109.3 (relating to personal watercraft); 58 Pa. Code § 109.4 (relating to waterskiing, aquaplaning, kiteskiing and similar activities); and 58 Pa. Code § 115.11 (relating to personal flotation devices).

History

• Authority: The provisions of this § 97.
• Source: The provisions of this § 97.

58 Pa. Code § 97.2 Fire extinguishers.

(a) All motorboats shall carry at least the minimum number of Coast Guard approved hand portable fire extinguishers required for their class as specified in Appendix B, except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry fire extinguishers if the construction of the motorboats will not permit the entrapment of explosive or flammable gases or vapors.

(1) Fire extinguishers shall be carried on motorboats that meet one or more of the following conditions. The motorboats have:

(i) Closed compartments under thwarts and seats where portable fuel tanks may be stored.

(ii) Double bottoms not sealed to the hulls or that are not completely filled with flotation material.

(iii) Closed living spaces.

(iv) Closed stowage compartments in which combustible or flammable materials are stowed.

(v) Permanently installed fuel tanks.

(2) The following conditions do not, in and of themselves, require that fire extinguishers be carried:

(i) Bait wells.

(ii) Glove compartments.

(iii) Buoyant flotation material.

(iv) Open slatted flooring.

(v) Ice chests.

(b) Motorboats engaged in a race which has been officially sanctioned, as set forth in § 109.6 (relating to special marine events), or while engaged in tuning up for a race which has been officially sanctioned, need not carry the extinguisher required by this section.

(c) The following apply:

(1) Fire extinguishers carried in compliance with this section shall be maintained in good and serviceable working condition and in compliance with the specifications on the manufacturer’s certification label, meaning all of the following:

(i) It shall not be expired.

(ii) It has a pressure gauge reading or indicator in the operable range or position, if there is one.

(iii) The lock pin is firmly in place.

(iv) The discharge nozzle is clean and free of obstruction.

(v) The extinguisher does not show visible signs of significant corrosion or damage.

(2) In prosecutions for violations of this section, there shall be a rebuttable presumption that a fire extinguisher is not usable if its gauge shows that the extinguisher is discharged.

(d) Fire extinguishers shall be installed and maintained so that they are immediately available within arms reach of the operator or passengers on the boat.

The provisions of this § 97.2 amended under 30 Pa.C.S. § 5123.

The provisions of this § 97.2 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7384. Immediately preceding text appears at serial pages (379416) to (379417).

History

• Authority: The provisions of this § 97.
• Source: The provisions of this § 97.

58 Pa. Code § 97.3 Sound producing devices.

(a) Motorboats 12 meters or more in length. A motorboat 12 meters (39.4 feet) or more in length shall carry sound producing devices as prescribed by 33 CFR Part 83 (relating to rules).

(b) Motorboats less than 12 meters. A motorboat less than 12 meters (39.4 feet) in length shall carry some mechanical means of making a sound signal. This device may be hand, mouth or power operated. An athletic coach’s whistle is an acceptable sound producing device for small motorboats.

(c) Unpowered boats. Unpowered boat operators are required to carry a device capable of sounding a prolonged blast for 4-6 seconds that can be heard by another boat operator in time to avoid a collision. An athletic coach’s whistle is an acceptable sound producing device for unpowered boats. It is unlawful to use a sound producing device on the water under any circumstance except in the following situations:

(1) Assistance is needed because of immediate or potential danger to the persons onboard.

(2) It is necessary to attract the attention of another boat.

(d) Device accessibility. Sound signaling devices shall be readily accessible to the operator of the boat.

The provisions of this § 97.3 amended under 30 Pa.C.S. § 5123; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 97.3 amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 619; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2894; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 29, 2000, effective September 30, 2000, 30 Pa.B. 5013; amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6968; amended April 3, 2015, effective April 4, 2015, 45 Pa.B. 1616. Immediately preceding text appears at serial pages (360047) to (360048).

History

• Authority: The provisions of this § 97.
• Source: The provisions of this § 97.

58 Pa. Code § 97.4 Signals to attract attention.

If necessary to attract the attention of another vessel, a vessel may make light or sound signals that cannot be mistaken for a signal authorized elsewhere in this subpart, or may direct the beam of her searchlight in the direction of the danger, that does not hinder the other vessel’s navigation.

The provisions of this § 97.4 amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (178613).

This section cited in 58 Pa. Code § 111.52 (relating to Pike County).

History

• Authority: The provisions of this § 97.
• Source: The provisions of this § 97.

58 Pa. Code § 97.5 Visual distress signals.

(a) This section applies only to those boats operating on Lake Erie.

(b) A person may not use a boat 16 feet or more in length or a boat carrying six or less passengers for hire unless visual distress signals selected from the list in Appendix C or the alternatives in the number required, are onboard. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, shall be carried.

(c) Between sunset and sunrise, a person may not use a boat less than 16 feet in length unless visual distress signals suitable for night use, selected from the list in Appendix C or alternatives in the number required are onboard.

(d) When a visual distress signal carried to meet the requirements of subsection (b) or (c) requires a launcher to activate, a United States Coast Guard approved launcher shall also be carried.

(e) The persons listed in this subsection need not comply with subsection (b) or (c). Each shall carry onboard the required number of visual distress signals suitable for night use, selected from the list in Appendix C.

(1) A person competing in an organized marine parade, regatta, race or similar event.

(2) A person using a manually propelled boat.

(3) A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.

(f) It is unlawful to operate a boat unless the visual distress signals required by subsection (b) or (c) are readily accessible.

(g) It is unlawful to operate a boat unless each signal required under subsection (b) or (c) is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired. As used in this subsection, the term ‘‘serviceable’’ means that the device is fully functional to carry out the purpose for which it was designed and is free of damage and defects.

(h) It is unlawful to do the following:

(1) Operate a boat unless the signal required by subsection (b) or (c) is legibly marked with the United States Coast Guard approval number or certification statement as specified in the Federal regulations.

(2) Display a visual distress signal on water to which this section applies under any circumstances except a situation in which assistance is needed because of immediate or potential danger to the persons onboard.

The provisions of this § 97.5 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123(a)(5).

The provisions of this § 97.5 amended February 4, 1983, effective January 1, 1983, 13 Pa.B. 619; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; corrected December 5, 2003, effective September 24, 1994, 33 Pa.B. 5925; amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6968. Immediately preceding text appears at serial pages (301482) to (301483).

History

• Authority: The provisions of this § 97.
• Source: The provisions of this § 97.

Chapter 101 Boating Accidents

58 Pa. Code § 101.1 Applicability.

This chapter applies to each boat used on waters subject to the jurisdiction of this Commonwealth, either solely or jointly with the United States, and on the high seas beyond the territorial seas for a boat registered in this Commonwealth that is one of the following:

(1) Used by its operator for recreational purposes.

(2) Required to be registered under Chapter 93 (relating to boat registration and numbering).

The provisions of this § 101.1 amended September 14, 1984, effective May 5, 1984, 14 Pa.B. 3365; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (153823).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.2 Reportable boating accidents.

Boating accidents shall be reported when one or more of the following conditions exist:

(1) A person dies.

(2) A person is injured and requires medical treatment beyond first aid.

(3) Damage to vessels and other property totals $2,000 or more or there is a complete loss of any vessel.

(4) A person disappears from the boat under circumstances that indicate death or injury is likely.

The provisions of this § 101.2 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

The provisions of this § 101.2 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 15, 2002, effective January 1, 2003, 32 Pa.B. 5659. Immediately preceding text appears at serial pages (265571) to (265572).

This section cited in 58 Pa. Code § 101.4 (relating to written boating accident report).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.3 Immediate notification of death or disappearance.

(a) If, as a result of an occurrence that involves a boat or its equipment, a person dies or disappears from a boat, the operator shall without delay, by the quickest means available, notify the Commission of the following:

(1) The date, time and exact location of the occurrence.

(2) The name of each person who died or disappeared.

(3) The registration or documentation number and name of boat, as applicable.

(4) The names and addresses of the owner and operator.

(b) If the operator of a boat involved in a boating accident is unable to give the notice required by subsection (a), each person onboard shall notify the Commission or determine that the notice has been given. If the passengers are unable to give notice, the owner shall give the required notice if the owner was not onboard.

The provisions of this § 101.3 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (153824) and (147883).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.4 Written boating accident report.

(a) A written report, PFC Form 260, is required for accidents as defined by § 101.2 (relating to reportable boating accidents).

(b) Written reports shall be submitted by operators involved in the occurrence according to the following:

(1) Within 48 hours if a person does one of the following:

(i) Dies within 24 hours of the occurrence.

(ii) Is injured and requires medical treatment beyond first aid.

(iii) Disappears from a vessel.

(2) Within 10 days if an earlier report is not required.

(c) If an operator is unable to submit a report, the owner shall do so. If the owner and the operator are physically incapable of submitting the report, an officer or designated employe of the Commission may investigate and submit the required report.

(d) The PFC Form 260 shall be completely and legibly filled out by the operator or owner.

The provisions of this § 101.4 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3502; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822. Immediately preceding text appears at serial pages (189536) to (189537).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.5 Confidentiality of boating accident report.

(a) In accordance with section 5503 of the code (relating to accident reports), the Boating Accident Report, PFC-260, and accompanying data are confidential. The reports are for the information of the Commission and are not releasable to the public. The reports are not admissible as evidence in a legal action, except to prove compliance with the code. The reports are not discoverable in a civil or criminal proceeding.

(b) An abstract which contains the date, time, location, weather conditions, names and addresses of the operators, passengers and witnesses and descriptions of the watercraft involved is releasable upon written request. The Commission may charge a reproduction fee of 50¢ per page.

The provisions of this § 101.5 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3502; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730. Immediately preceding text appears at serial page (342747).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.6 Investigation reports by Commission officers.

(a) The Commission may assign a waterways conservation officer or other employe to complete an accident investigation report when an accident involves loss of life, disappearance, medical treatment given beyond first aid or in other circumstances in which the Executive Director, or a designee, directs an investigation.

(b) Under section 324 of the code (relating to Commission records), boating accident investigation reports are not considered public records and they will not be released except for the following:

(1) Pursuant to a valid subpoena.

(2) When 234 Pa. Code (relating to Rules of Criminal Procedure) requires production of the documents.

(3) To other government agencies for official purposes.

The provisions of this § 101.6 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

The provisions of this § 101.6 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 5, 2008, effective January 1, 2009, 38 Pa.B. 6614; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1860; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7083. Immediately preceding text appears at serial pages (345565) to (345566).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

58 Pa. Code § 101.7 Accident prevention investigations.

(a) The Commission may conduct in-depth investigations into the human, weather, equipment, operational and environmental aspects of boating accidents for the purpose of reviewing the potential causes of accidents and ways of preventing similar accidents. The officer or other employe conducting an in-depth accident prevention investigation shall have access to boating accident reports filed by operators and owners, accident investigation reports and other Commission records related to the accident.

(b) Information, records and reports associated with in-depth accident prevention investigations are for the internal use of the Commission in preventing accidents and will not be be releasable since they contain privileged and nonpublic information.

The provisions of this § 101.7 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (155735) to (155736).

History

• Authority: The provisions of this § 101.
• Source: The provisions of this § 101.

Chapter 103 Rules of the Road

58 Pa. Code § 103.1 General.

(a) Every boater is responsible for avoiding a boating accident. This subpart is to give predictability to meeting, crossing and overtaking situations, but does not replace accurate analysis of the situation and taking necessary action to avoid collision, even if it means diverging from this subpart.

(b) Every boat operating on the inland waters of this Commonwealth, which includes Lake Erie, shall comply with 33 CFR 83.02 (relating to responsibility (Rule 2)).

The provisions of this § 103.1 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186).

The provisions of this § 103.1 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 3, 2015, effective April 4, 2015, 45 Pa.B. 1616. Immediately preceding text appears at serial page (316073).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Motorboat—A boat being operated by motor, including a sailboat with sails if the motor is running. Sailboat—A boat being propelled with only sails; if a motor is attached it is not engaged. Slow, no wake speed—The slowest possible speed of a motor boat required to maintain maneuverability so that the wake or wash created by the motorboat on the surface of the water is minimal.

The provisions of this § 103.2 amended under 30 Pa.C.S. § 5123.

The provisions of this § 103.2 amended March 19, 1982, effective March 20, 1982, 12 Pa.B. 993; amended July 12, 1985, effective July 13, 1985, 15 Pa.B. 2578; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2894; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 741; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332. Immediately preceding text appears at serial pages (228649) to (228650).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.3 Restriction for special areas.

(a) Boats are limited to slow, no wake speed when within 100 feet of the shore line; docks; launching ramps; swimmers or downed skiers or other boat-towed watersports participants; persons wading in the water; anchored, moored, or drifting boats; floats, except for ski jumps and ski landing floats; or other areas so marked. This subsection does not apply in a zoned ski area or authorized ski return areas when those areas are found within the areas described in this subsection.

(b) Boats are prohibited within 100 feet of water siphons or intake towers, including associated service bridges and supporting piers where so marked.

(c) The Executive Director is authorized to take immediate action to post and mark waters, establish speed zones or otherwise when he determines that a hazard exists that may threaten the safety of persons or property, or both. The Executive Director will notify the Boating Advisory Board and the Commission of the action. Zoned areas, speed limits or other markings established under this authority shall be fully effective and enforceable in accordance with law.

The provisions of this § 103.3 amended under 30 Pa.C.S. § 5123.

The provisions of this § 103.3 amended March 19, 1982, effective March 20, 1982, 12 Pa.B. 993; amended January 6, 1984, effective January 7, 1984, 14 Pa.B. 58; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (376468) and (336691).

Authority of Officers

Officers did not have ‘‘articulable and reasonable’’ suspicion to stop and detain a motorboat operator and passengers based on violation of former § 99.1, where the operator navigated the motorboat in a clockwise direction. This regulation was purely discretionary, merely suggesting a fashion of travel that a motorboat operator may follow; therefore, the regulation, by its very nature, could not be violated. Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996).

Operation of Motorboats

A motorboat operator may only deviate from a counterclockwise direction of operation when it is not reasonably possible to continue on that course. In such case, an operator charged with a violation of the regulation will be able to raise the defense that, due to extenuating circumstances, it was not reasonably possible to operate in a counterclockwise fashion. Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996).

This section cited in 58 Pa. Code § 109.4 (relating to water skiing, aquaplaning, kite skiing and similar activities); and 58 Pa. Code § 113.3 (relating to operation of boats).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.4 Lookout.

Every boat shall maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions to make full appraisal of the situation and of the risk of collision.

The provisions of this § 103.4 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 11, 1993, effective January 1, 1994, 23 Pa.B. 2735; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180362).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.5 Safe speed.

(a) Every boat shall proceed at a safe speed so that it can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

(b) In determining a safe speed, the following factors shall be among those taken into account:

(1) State of visibility.

(2) Traffic density, including concentrations of other boats.

(3) Weather conditions, currents and the proximity of navigational hazards.

(4) Maneuverability of the boat with special reference to stopping distance and turning ability.

The provisions of this § 103.5 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180362).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.6 Action to avoid collision.

(a) Action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with regard to the observance of good seamanship.

(b) An alteration of course or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another boat visually; a succession of small alterations of course of speed shall be avoided.

(c) Action taken to avoid collision with another boat shall result in passing at a safe distance.

(d) If necessary to avoid collision or allow more time to assess the situation, a boat shall slacken its speed, stop altogether or reverse its means of propulsion.

The provisions of this § 103.6 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (180362) to (180363).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.7 Narrow channels.

(a) A boat proceeding along the course of a narrow channel shall keep as near to the outer limit of the channel which lies on its starboard—right—side as is safe and practicable.

(b) Notwithstanding subsection (a), a power-driven boat operating in narrow channels on the Great Lakes, Western Rivers or waters specified by the Commission or Executive Director and proceeding downbound with a following current, shall have the right-of-way over an upbound boat. The boat proceeding upbound against the current shall hold as necessary to permit safe passing.

(c) A boat of less than 20 meters (39.4 feet) in length, or a sailing boat, may not impede the passage of a boat that can safely navigate only within a narrow channel.

(d) A boat may not cross a narrow channel if the crossing impedes the passage of a boat which can safely navigate only within that channel.

(e) A boat shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

(f) A boat nearing a bend on an area of a narrow channel where other boats may be obscured by an intervening obstruction shall navigate with particular alertness and caution.

(g) A boat engaged in fishing may not impede the passage of another boat navigating within a narrow channel or fairway.

(h) In a narrow channel or fairway when overtaking, a boat intending to overtake shall indicate its intention by sounding the appropriate signal and take steps to permit safe passage. The overtaken boat, if in agreement, shall sound the same signal. If in doubt it shall sound the prescribed danger signal. This subsection does not relieve the overtaking boat of its obligation under § 103.9 (relating to overtaking).

The provisions of this § 103.7 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180363).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.8 Rules applicable to sailboats.

(a) When two sailboats are approaching one another in a manner that involves risk of collision, one of them shall keep out of the way of the other as follows:

(1) When each has the wind on a different side, the boat which has the wind on the port—left—side shall keep out of the way of the other.

(2) When both have the wind on the same side, the boat which is to windward shall keep out of the way of the boat which is to leeward.

(3) If a boat with the wind on the port—left—side sees a boat to windward and cannot determine with certainty whether the other boat has the wind on the port—left—or the starboard—right—side, the boat shall keep out of the way of the other.

(b) The windward side shall be deemed to be the side opposite to that on which the mainsail is carried.

The provisions of this § 103.8 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180363).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.9 Overtaking.

(a) A boat overtaking another boat shall keep out of the way of the boat being overtaken.

(b) When a boat is in doubt as to whether it is overtaking another, it shall assume that this is the case and act accordingly.

(c) A boat shall be deemed to be overtaking when coming up with another from a direction more than 22.5° abaft its beam; that is, in such a position with reference to the boat it is overtaking that at night it would be able to see only the sternlight of that boat but neither of its sidelights.

(d) A subsequent alteration of the bearing down between the two boats may not make the overtaking boat a crossing boat within the meaning of this chapter or relieve it of the duty of keeping clear of the overtaken boat until it is finally past and clear.

The provisions of this § 103.9 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180363).

This section cited in 58 Pa. Code § 103.7 (relating to narrow channels).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.10 Head-on situations.

(a) When two power-driven boats are meeting on reciprocal or nearly reciprocal courses in a manner that involves risk of collision, each shall alter its course to starboard—right—so that each shall pass on the port—left—side of the other.

(b) A head-on situation shall be deemed to exist when a boat sees the other ahead or nearly ahead and by night it could see the masthead lights of the other in a line or nearly in a line or both sidelights and by day it observes the corresponding aspect of the other boat.

(c) When a boat is in doubt as to whether such a situation exists, it shall assume that it does exist and act accordingly.

The provisions of this § 103.10 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180363).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.11 Crossing situations.

When two motorboats are crossing as to involve risk of collision, the boat which has the other on its starboard—right—side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other boat.

The provisions of this § 103.11 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180364).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.12 Action by giveway boat.

A boat which is directed to keep out of the way of another boat shall, so far as possible, take early and substantial action to keep well clear.

The provisions of this § 103.12 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4296; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180364).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.13 Action by stand-on boat.

(a) When one of two boats is to keep out of the way, the other shall maintain its course and speed. The later boat may take action to avoid collision by its maneuver alone, as soon as it becomes apparent to it that the boat required to keep out of the way is not taking appropriate action in compliance with this chapter.

(b) When the boat required to keep its course and speed finds itself so close that collision cannot be avoided by the action of the giveway boat alone, it shall take action as will best aid to avoid collision.

(c) A power driven boat which takes action in a crossing situation to avoid collision with another power-driven boat, if the circumstances of the case admit, may not alter course to port—left—for a boat on its own port—left—side.

(d) This section does not relieve the giveway boat of its obligation to keep out of the way.

The provisions of this § 103.13 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (180364) to (180365).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.14 Responsibility between vessels.

(a) A power-driven boat underway shall keep out of the way of:

(1) A sailing boat.

(2) A boat restricted in its ability to maneuver.

(b) A sailing boat underway shall keep out of the way of a boat restricted in its ability to maneuver.

The provisions of this § 103.14 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended June 11, 1993, effective January 1, 1994, 23 Pa.B. 2735; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (180365).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

58 Pa. Code § 103.16 Speed restrictions.

(a) General rule. A person may not operate a watercraft at a speed greater than is reasonable and prudent under the circumstances, having regard for the actual and potential hazards then existing, nor at a speed greater than will permit the operator to maneuver his boat with safety.

(b) Specific speed restrictions. In addition to the general restriction on speed of watercraft set forth in subsection (a), the Commission may by general or special boating regulations set forth specific restrictions such as ‘‘slow, no wake speed’’ restrictions. The observation of an officer authorized to enforce this part shall be evidence of violation of nonnumerical specific speed restrictions.

(c) Mile-per-hour speed limits. In addition to the general restriction on speed of watercraft set forth in subsection (a) and the nonnumerical speed restrictions set forth in subsection (b), the Commission may, by general or special boating regulations, establish speed restrictions based on the miles-per-hour of a boat. The rate of speed of watercraft may be timed by electronic radio-microwave devices, commonly referred to as electronic speed meters or radar, only by a waterways conservation officer who has been certified by the Commission as having completed training to operate the device or a member of the State Police. Electronic devices (radar) used to time speed of watercraft shall be maintained and calibrated to standards set forth in 67 Pa. Code Chapter 105, Subchapter B (relating to electronic devices (radar). A person may not be convicted of a violation of a miles-per-hour watercraft speed limit timed by an electronic device unless the speed recorded is 6 or more miles per hour in excess of the established speed limit.

The provisions of this § 103.16 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.

The provisions of this § 103.16 adopted December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332. Immediately preceding text appears at serial pages (205529) to (205530).

History

• Authority: The provisions of this § 103.
• Source: The provisions of this § 103.

Chapter 105 Operational Conditions

58 Pa. Code § 105.1 Conditions requiring immediate corrective action.

A condition requiring immediate corrective actions shall exist when a boat:

(1) Does not display the navigation lights prescribed by § 95.3 (relating to lights for boats) between sunset and sunrise or during periods of reduced visibility.

(2) Has fuel leakage from either the fuel system, engine or another source.

(3) Has an accumulation of fuel in the bilges or a compartment other than a fuel tank.

(4) Does not meet the ventilation requirements for tanks and engine spaces prescribed by § 95.5 (relating to ventilation).

(5) Does not meet the requirements for backfire flame control prescribed by § 95.6 (relating to backfire flame control).

(6) Is overloaded or improperly loaded.

(7) Is operating immediately above or below dams and reservoir structures and discharge from water impoundments.

(8) Is pulling a water-skier or other boat-towed watersports participant without the required observer aboard.

(9) Is being operated with insufficient serviceable personal flotation devices onboard as described by § 97.1 (relating to personal flotation devices).

The provisions of this § 105.1 amended under 30 Pa.C.S. § 5123.

The provisions of this § 105.1 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial page (369399).

History

• Authority: The provisions of this § 105.
• Source: The provisions of this § 105.

58 Pa. Code § 105.2 Corrective actions.

(a) It is unlawful for an operator of a boat to fail to follow the directions of a waterways conservation officer or other person authorized to enforce the code to take immediate and reasonable steps necessary for the safety of persons or property when the officer reasonably believes that a condition requiring immediate corrective actions may exist.

(b) Directions may include requiring the operator to do one or more of the following:

(1) Correct the condition immediately.

(2) Proceed to a mooring, dock or anchorage.

(3) Suspend further use of the boat until the condition is corrected.

The provisions of this § 105.2 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (147915).

History

• Authority: The provisions of this § 105.
• Source: The provisions of this § 105.

58 Pa. Code § 105.3 Unacceptable boating practices.

It is unlawful to:

(1) Operate a motorboat at greater than slow, no wake speed with a person riding outside the passenger carrying area or while a person is riding on bow decking, gunwales, transom or motor cover. It is not a violation of this paragraph to ride on the motor cover of an inboard motorboat while underway at that speed if the motor cover is designed by the manufacturer for the operator or a passenger to ride on it. For the purposes of this paragraph, the passenger carrying area is defined as the space intended by the manufacturer for persons to sit or stand while the boat is underway. This prohibition does not apply when the operator of the boat is docking, mooring, anchoring or rafting the boat.

(2) Operate a motorboat—less than 20 feet in length—at greater than slow, no wake speed while a person is standing on or in the boat. It is not a violation of this paragraph if the boat is designed for the operator or a passenger, or both, to stand while underway at that speed.

(3) Operate or stop a boat in a marked marine event area in violation of the conditions of the event.

(4) Operate or stop a boat in a manner that interferes with the conduct of a permitted marine event.

(5) Cause a boat to become airborne or completely leave the water while crossing the wake of another boat when within 100 feet of the boat creating the wake.

(6) Weave through congested traffic.

(7) Follow too close to another boat, including personal watercraft. For the purposes of this paragraph, following too close shall be construed as operating in excess of slow, no wake speed within 100 feet to the rear or 50 feet to the side of another boat that is underway, unless the boats are operating in a narrow channel, in which case the boats may operate at the speed and flow of other boat traffic.

(8) Operate within 100 feet of a water-skier or other boat-towed watersports participant being towed by another boat.

(9) Operate a pontoon boat while a person is riding outside the passenger carrying area. For the purposes of this paragraph, the passenger carrying area is defined by continuous railings or enclosed spaces intended for persons to use while the pontoon boat is underway. This prohibition does not apply when the operator of the boat is docking, mooring, anchoring or rafting the pontoon boat.

(10) Operate a motorboat at any speed with a person or persons sitting, riding or hanging on a swim platform or swim ladder attached to the motorboat, except when launching, retrieving, docking or anchoring the motorboat.

(11) Operate a motorboat at any speed when towing a person on water skis or other boat-towed devices using a tow rope of 20 feet or less as measured from the transom of the boat. This prohibition does not apply to wake surfing as defined in § 109.4 (relating to waterskiing and other boat-towed watersports).

(12) Operate a motorboat propelled by an outboard motor, inboard/outboard motor or water jet while a person is wake surfing in or on the wake of the motorboat, unless the propulsion system is specifically designed by the manufacturer for that activity.

The provisions of this § 105.3 amended under 30 Pa.C.S. § 5123.

The provisions of this § 105.3 amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3502; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3208; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4444; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7688; amended December 6, 2013, effective January 1, 2014, 43 Pa.B. 7083; amended December 8, 2017, effective December 9, 2017, 47 Pa.B. 7467; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (369400) and (389269).

History

• Authority: The provisions of this § 105.
• Source: The provisions of this § 105.

58 Pa. Code § 105.4 Overloading and improper loading.

(a) A person may not operate a boat when the boat is loaded with passengers or cargo beyond its safe carrying capacity as determined by one of the following:

(1) The boat’s maximum weight capacity.

(2) The boat’s maximum persons capacity.

(3) The boat’s maximum horsepower.

(4) Capacity limits as identified on the boat’s capacity label or through calculations provided by the United States Coast Guard through the Commission.

(b) A person may not operate a boat loaded in a manner that adversely affects its trim or stability, taking into consideration weather and other existing operating conditions.

The provisions of this § 105.4 amended under 30 Pa.C.S. § 5123.

The provisions of this § 105.4 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 25, 2016, effective March 26, 2016, 46 Pa.B. 1549. Immediately preceding text appears at serial page (369401).

History

• Authority: The provisions of this § 105.
• Source: The provisions of this § 105.

Chapter 107 Boating Restrictions

58 Pa. Code § 107.1 Horsepower restrictions.

On waters where horsepower limitations are prescribed, as set forth in Chapter 111 (relating to special regulations counties), horsepower limitations apply to both internal combustion motors and electric motors. Boats with motors larger than the maximum horsepower shall be permitted but the motors may not be used.

The provisions of this § 107.1 amended under 30 Pa.C.S. § 5124(a).

The provisions of this § 107.1 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7381; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1057. Immediately preceding text appears at serial page (417535).

This section cited in 58 Pa. Code § 111.71 (relating to general requirements).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

58 Pa. Code § 107.2 Electric motors.

Except as otherwise specified in Chapter 111 (relating to special regulations counties) on waterways owned or controlled by the commission or Department of Conservation and Natural Resources:

(1) Electric motors are permitted where boating is permitted. On waters where horsepower limitations are prescribed in Chapter 111, electric motors in excess of maximum horsepower limitations or equivalent kilowatt ratings shall not be used.

(1.1) Boats propelled by electric motors where boating is permitted and internal combustion engines are prohibited shall not be operated at greater than slow, no-wake speed.

(2) Internal combustion engines attached to or installed in boats need not be removed, but the operation of engines is specifically prohibited.

(3) {Reserved}.

The provisions of this § 107.2 amended under 30 Pa.C.S. § 5124(a).

The provisions of this § 107.2 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7381; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1057; amended August 29, 2025, effective August 30, 2025, 55 Pa.B. 6278. Immediately preceding text appears at serial pages (418643) to (418644).

This section cited in 58 Pa. Code § 111.71 (relating to general requirements).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

58 Pa. Code § 107.3 Enforcement safety lights and sirens.

(a) The use of a distinctive light, blue-colored revolving or pulsating horizontal beam, is authorized for law enforcement boats and may be displayed during the day or night whenever engaged in law enforcement activities.

(b) The use of this blue light by other than law enforcement boats or the United States or its political subdivisions, having administrative control over use of the waters of this Commonwealth and authorized by a controlling Federal or State agency, is prohibited.

(c) A siren may not be used on a boat other than an official patrol boat or other official emergency response boat.

The provisions of this § 107.3 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2030; amended June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial pages (147920) and (178651).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

58 Pa. Code § 107.4 Public safety light.

(a) Vessels engaged in government sanctioned public safety activities, and commercial vessels performing similar functions, may display an alternately flashing red and yellow light signal. The identification light signal shall be located so that it will not interfere with the visibility of the vessel’s navigation lights. The identification light signal may be used only as an identification signal and conveys no special privilege. Vessels using the identification light signal during public safety activities shall abide by the Inland Navigation Rules, and may not presume that the light or the exigency gives them precedence or right-of-way.

(b) Public safety activities include patrolling marine parades, regattas or special water celebrations; traffic control; salvage; firefighting; medical assistance; assisting disabled vessels; and search and rescue.

The provisions of this § 107.4 amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (178651).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

58 Pa. Code § 107.5 Streams less than 200 feet across.

(a) [Reserved].

(b) It is unlawful for a person to operate an air-propeller driven boat, an all-terrain vehicle, an air cushion effect vehicle or similar craft on an area of a stream that is less than 200 feet in width except when special regulations provide otherwise.

The provisions of this § 107.5 amended under 30 Pa.C.S. § 5123.

The provisions of this § 107.5 reserved August 15, 1980, effective August 16, 1980, 10 Pa.B. 3590; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 422; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended December 8, 2023, effective December 9, 2023, 53 Pa.B. 7598. Immediately preceding text appears at serial pages (412258) and (308635).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

58 Pa. Code § 107.8 Vessels permitted on restricted waters.

(a) This chapter and Chapter 111 (relating to special regulations counties) which apply to electric motors, horsepower restrictions and speed limitations do not apply to the following boats under circumstances when compliance would impede performance of their designated functions:

(1) Law enforcement or emergency boats owned by Federal, State or municipal agencies when engaged in the performance of their duties.

(2) Nonemergency boats owned by the Federal, State or municipal agencies engaged in official functions.

(3) United States Coast Guard Auxiliary boats on official patrols requested by the Commission.

(4) Emergency boats eligible for assistance referrals from the Commission, United States Coast Guard or State or municipal law enforcement agencies when responding to emergency situations when life, limb or property are at risk.

(5) Boats operating under the authority or license of a State or municipal agency, or an owner of a body of water when in the performance of official functions related to the operation of that waterway, its facilities or appurtenances.

(b) When compliance would impede performance of their official functions, law enforcement boats and emergency boats operated by Federal, state or local agencies may be operated in violation of Chapters 103 and 105 (relating to rules of the road; and operational conditions).

The provisions of this § 107.8 adopted December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5710. Immediately preceding text appears at serial pages (205541) to (205542).

History

• Authority: The provisions of this § 107.
• Source: The provisions of this § 107.

Chapter 109 Specialty Boats and Boat-Towed Watersports

58 Pa. Code § 109.2 Paddleboards and sailboards.

(a) Paddleboards. For purposes of this subsection, a paddleboard is a boat with no freeboard propelled by a paddle, oar, pole or other device. It is unlawful for a person to operate or attempt to operate a paddleboard on waters of this Commonwealth without having a United States Coast Guard approved wearable personal flotation device on board for each person, unless otherwise required to be worn in accordance with § 97.1 (relating to personal flotation devices). This prohibition does not apply to persons operating or attempting to operate a paddleboard in designated swimming, surfing or bathing areas.

(b) Sailboards. For purposes of this subsection, a sailboard is a type of single or double hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board and maneuvering through the trim of the hand-held sail and distribution of body weight on the board. It is unlawful for a person to operate or attempt to operate a sailboard on waters of this Commonwealth unless the person is wearing a United States Coast Guard approved wearable personal flotation device. Inflatable personal flotation devices may not be used to meet this requirement.

The provisions of this § 109.2 amended under 30 Pa.C.S. § 5123.

The provisions of this § 109.2 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended December 19, 2014, effective January 1, 2015, 44 Pa.B. 7872. Immediately preceding text appears at serial page (365097).

History

• Authority: The provisions of this § 109.
• Source: The provisions of this § 109.

58 Pa. Code § 109.3 Personal watercraft.

(a) As used in this section, ‘‘personal watercraft’’ means a boat less than 16 feet in length which meets the following conditions:

(1) Uses an internal combustion motor powering a water jet pump as its primary source of motive propulsion.

(2) Is designed to be operated by a person sitting, standing or kneeling on, rather than being operated by a person sitting or standing inside the vessel.

(b) It is unlawful for a person to operate, or be a passenger onboard, a personal watercraft on the waters of this Commonwealth unless the person is wearing a United States Coast Guard approved wearable personal flotation device in accordance with § 97.1 (relating to personal flotation devices). Inflatable personal flotation devices may not be used to meet this requirement.

(c) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch shall attach the lanyard to his person, clothing or personal flotation device as appropriate for the specific vessel.

(d) A person may not operate a personal watercraft between sunset and sunrise.

(e) Subsections (b) and (c) do not apply to a performer participating in a permitted regatta, race, marine parade, tournament or exhibition or to a person preparing to participate in the event at the location and within 48 hours prior to the event.

(f) Except as otherwise provided in this subpart, a person may not operate a personal watercraft on the waters of this Commonwealth unless the person has obtained a Boating Safety Education Certificate as defined in § 91.6 (relating to Boating Safety Education Certificates).

The provisions of this § 109.3 amended under 30 Pa.C.S. § 5123.

The provisions of this § 109.3 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789; amended December 4, 1998, effective December 5, 1998, 28 Pa.B. 5984; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5659; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (375777) to (375778).

This section cited in 17 Pa. Code § 11.201 (relating to definitions).

History

• Authority: The provisions of this § 109.
• Source: The provisions of this § 109.

58 Pa. Code § 109.4 Waterskiing and other boat-towed watersports.

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Boat-towed device—An inflatable tube or other device designed to be sat, stood, kneeled or laid upon while being towed through or on water behind a boat. The term includes water skis, aquaplanes, kneeboards, inner tubes, inflatable hot dogs, air mattresses, parasails, kite skis and similar devices. Boat-towed watersports—Activities that involve being towed by a boat or riding in or on the wake of a boat such as, but not limited to, waterskiing, wake surfing and tubing. Competent observer—A person who has the ability to assess when a person being towed behind a boat is in trouble, knows and understands the waterskiing hand signals, and is capable of helping a person being towed. PFD—Personal Flotation Device as defined in § 97.1 (relating to personal flotation devices). Trick-skier—A water-skier who can be identified by body movements and skiing positions, which readily differentiate the trick-skier from the ordinary ‘‘forward’’ skier engaged in straight skiing or slalom and jump events, and also by the following:

(i) Skis. Short (38 inches—40 inches) and wide (8 inches—9 inches) with no keels on bottom.

(ii) Speed of tow. Slow (12—18 miles per hour).

(iii) Rope. Short (40 to 50 feet) and often with toehold strap attached to handle. Wake surfing—A competitive or recreational water sport in which a person on a wake board or similar style board rides in or on the wake of a motorboat. Water ski—A single or pair of long flat runners designed to be used by a person for planing over water while being towed behind a boat. Waterskiing—A competitive or recreational water sport in which a person is towed across the water’s surface behind a boat in any fashion on a water ski as defined in this subsection or on their bare feet.

(b) Hours. Waterskiing and other boat-towed watersports are prohibited between the hours of sunset and sunrise.

(c) Observer required. The following conditions apply:

(1) General rule. Except as otherwise provided in this subsection, it is unlawful for a person to operate a boat towing or otherwise assisting a person on water skis or other boat-towed watersports unless there is at least one competent observer in the boat in addition to the operator of the boat. The observer shall be positioned in the boat to observe the progress of the person being towed. It is unlawful for a person to water ski or ride a towed device being towed by a watercraft or device not containing an operator and observer as required by this subsection.

(2) Special conditions. The Executive Director, or a designee, may issue a permit to allow a limited exception to paragraph (1). A permit issued under this paragraph will permit operation of a boat towing a water-skier without an observer, in addition to the operator, on board the boat. These operations will be permitted only under the following conditions:

(i) Both the operator of the boat and the water-skier meet safety training requirements as evidenced by documented completion of a safe boating course and active membership in a State or National waterskiing organization, which provides members with information on waterskiing safety.

(ii) The operator fulfills the definition of a ‘‘competent observer’’ as set forth in this section, wears an approved PFD and is a person 18 years of age or older.

(iii) The boat is equipped with the following:

(A) A rearview mirror which is at least 5 inches by 10 inches configured so that the operator may at all times observe the progress of the person being towed.

(B) A ski platform

(C) A boom, towing eye or pylon mounted permanently inside the hull of the boat to which the towing rope is secured.

(iv) Only one person is being towed.

(v) The water skis or other device on which the person is riding are attached only to the person and not to the boat.

(vi) Conditions, including weather, other boating activities and congestion in the vicinity of the proposed operation, do not impede safe and prudent boat or waterskiing operations.

(vii) The waterskiing takes place before the hour of 10 a.m. on a day other than a weekend or holiday. The Executive Director, for good cause shown, may permit waterskiing under this section on a Saturday or Sunday before the hour of 10 a.m. if the Executive Director finds that other boating activities on the waters at the same time will not interfere with the waterskiing.

(viii) The waterskiing takes place on waters described and approved for the operations in the permit.

(ix) The waterskiing takes place when the Executive Director or a designee indicates in the permit.

(x) The boat towing the water-skier displays a special water ski flag of a size and design approved by the Commission.

(xi) The permittee carries the permit onboard while operating the boat towing a water-skier without an observer.

(d) Umbilical or remote controls. A person may not operate a device which is controlled by a person connected to the power source by means of an umbilical or remote control, or both, which tows the person on or through the water.

(e) Tow ropes. Tow ropes may not exceed the following lengths:

(1) Conventional water skis and other devices, unless listed below—80 feet.

(2) Nonreleasable kite ski—150 feet.

(3) Releasable kite ski—500 feet.

(4) Parasails—300 feet.

(5) Commercial winch boat parasails—600 feet.

(f) PFDs. It is unlawful for a person to operate a boat on the waters of this Commonwealth for:

(1) Waterskiing and other boat-towed watersports (except wake surfing) unless each person being towed is wearing a United States Coast Guard approved wearable PFD in accordance with § 97.1. Inflatable PFDs may not be used to meet this requirement.

(2) Wake surfing unless the wake surfer is wearing a United States Coast Guard approved wearable PFD in accordance with § 97.1 or water ski wetsuit as defined in subsection (g). Inflatable PFDs may not be used to meet this requirement.

(g) Water ski wetsuits. A person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump or trick skiing, or wake surfing may elect to wear a wetsuit designed specifically for the activity in lieu of the United States Coast Guard approved wearable PFD required in § 97.1. A United States Coast Guard approved wearable PFD described in § 97.1 shall be carried in the tow boat for each skier electing to wear a water ski wetsuit. The nonapproved water ski wetsuit device shall meet the following criteria:

(1) The device shall be marked by the manufacturer as a water ski wetsuit.

(2) The device shall be constructed of nylon covered neoprene or similar material and may have either long or short sleeves or be sleeveless. The device may have legs.

(3) The device shall be equipped with additional flotation padding material of a close cell nonabsorptive type such as PVC foam or Ensolite®. This flotation/padding shall be sewn into the device according to the following:

(i) On the front extending from the clavicle to the top of the pelvis vertically and covering the front rib cage area and covering as much of the side area as feasible. A maximum gap between padded areas on the side of the suit under the arm is 4 inches.

(ii) On the rear of the device, padding/flotation material shall cover the area from the top of the shoulder blade to the top of the pelvis and span the entire width of the back.

(iii) Padding/flotation shall be at least 1/2-inch thick. This thickness excludes the thickness of covering material.

(h) Starting and returning from shore or dock. Notwithstanding the slow, no wake restrictions contained in § 103.3(b) (relating to restriction for special areas), skiers are permitted to start from the shore or dock if the traffic situation permits this to be done safely and in accordance with other water ski regulations. A water-skier is not permitted to be returned to dock or shore under power. The skier shall release outside the 100-foot limit. The skier may then coast or glide toward the shore or dock, if the skier does not endanger life and property in so doing and steers clear of swimmers, docks and boats.

(i) Ski ramps and jumps. Ski ramps or jumps, authorized in accordance with § 113.10 (relating to permits for installation and lighting of floats, ski ramps and other floating structures) shall have attached on each side a sign which will be evidence that the installation is authorized and warn boaters against mooring or drifting within 100 feet of the jump while it is in use.

(j) Kiteskiing and parasailing. The following additional restrictions are applicable to kiteskiing and parasailing:

(1) Kiteskiing and parasailing is prohibited on waters where waterskiing is prohibited or is subject to special regulation.

(2) Kiteskiing or parasailing is prohibited on water when other boating activities or congestion impedes safe and prudent operations.

(3) Kite skiers and parasailers may not fly over or under overhead obstructions such as power and telephone lines or bridges; nor may they fly over dams, locks, docks, launching ramps, swim areas, marinas or congested areas.

(k) Wake surfing. Boats engaged in the activity of wake surfing are limited to slow, no wake speed when within 200 feet of the following:

(1) Shore line.

(2) Docks.

(3) Launching ramps.

(4) Swimmers or downed skiers.

(5) Persons wading in the water.

(6) Anchored, moored or drifting boats.

(7) Floats, except for ski jumps and ski landing floats.

(8) Other marked areas.

The provisions of this § 109.4 amended under 30 Pa.C.S. § § 741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P. S. § 186).

The provisions of this § 109.4 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended August 8, 1997, effective August 9, 1997, 27 Pa.B. 3999; amended January 2, 1998, effective January 1, 1998, 28 Pa.B. 30; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1068; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended December 21, 2012, effective Janaury 1, 2013, 42 Pa.B. 7688; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (379422) to (479426).

Competent Observer and Lookout

Sections 109.4(c)(i) and 103.4 require that each ski tow boat must have an operator and a lookout, in addition to a competent observer; however, the operator may also serve the role of lookout, as there is no requirement that separate people filfill the two functions. Smith v. Haggerty, 169 F. Supp. 2d 376 (E.D. Pa. 2001), opinion withdrawn and vacated at 223 F. Supp. 2d 618, 2002 A.M.C.

Competent Observer

The competent observer is charged with watching the progress of the person being towed and, as such, cannot be charged with looking for other boats in front of the tow boat. A competent observer is under no legal obligation to serve as lookout. Smith v. Haggerty, 169 F. Supp. 2d 376 (E.D. Pa. 2001), opinion withdrawn and vacated at 223 F. Supp. 2d 618, 2002 A.M.C.

Preemption

The relevant Pennsylvania boating regulations do not conflict with applicable Federal statutes and general maritime law. Congress did not, either expressly or impliedly, preempt the State regulation, which concern an important local matter. Therefore, the State regulations are not preempted. Smith v. Haggerty, 169 F. Supp. 2d 376 (E.D. Pa. 2001), opinion withdrawn and vacated at 223 F. Supp. 2d 618, 2002 A.M.C.

This section cited in 58 Pa. Code § 53.8 (relating to boats); and 58 Pa. Code § 105.3 (relating to unacceptable boating practices).

History

• Authority: The provisions of this § 109.
• Source: The provisions of this § 109.

58 Pa. Code § 109.5 Divers and buoys.

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Code flag alpha—A rigid flag not less than 1 meter (39.37 inches) square, with the half closest to the staff being white and the other half being blue. The blue segment has a triangular piece removed. The apex of the triangle extends halfway through the blue field. Divers down flag—A flag not less than 14 inches square, red in color with a white stripe running diagonally from the top of the staff to the opposite lower corner. The white stripe shall be one-fifth as wide as the flag.

(b) Displaying of flags.

(1) A boat shall display the code flag alpha while it is restricted in its ability to maneuver due to diving operations. Restricted in its ability to maneuver means that divers are attached to a boat by some physical means.

(2) During diving activities a divers down flag shall be displayed in the water on a buoy, whether a boat is present or not. The buoy shall be placed directly above the diving location.

(c) Responsibility of other boaters. Boats not engaged in diving operations shall remain at least 100 feet from areas displaying the divers down flag or boats displaying the code flag alpha.

The provisions of this § 109.5 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (178655).

History

• Authority: The provisions of this § 109.
• Source: The provisions of this § 109.

58 Pa. Code § 109.6 Special marine events.

(a) A special marine event may be permitted only as authorized by the Commission, or where applicable, Federal authority.

(b) Persons responsible for holding special marine events shall:

(1) Submit a complete Form PFC-500 in duplicate to the Regional Law Enforcement office for the region where the event is to be held at least 60 days prior to the start of the event.

(2) Provide for marking and patrolling the event.

(3) Ensure a copy of the special activities Permit is available onsite for inspection by authorized personnel of the Commission.

(4) Ensure that participants are familiar with the conditions of the special activities permit.

(c) The Commission will not issue a special activities permit for a marine event unless the applicant first obtains written permission for the event from the entity that owns or controls the waters on which the event will occur. The Commission will require evidence that the applicant has the permission of the controlling entity unless that entity has delegated approval authority to the Commission.

(d) The Executive Director may impose special regulations designed to protect the safety or limit the activity of either participants or nonparticipants. Regulations which would prohibit the special marine event may be temporarily suspended upon a finding that the event will not significantly impact the long-term management of the resource, create a safety hazard or unreasonably limit the use of the area by other boaters. It shall be the responsibility of the sponsor to advertise these special conditions in a manner satisfactory to the Commission.

The provisions of this § 109.6 adopted February 12, 1993, effective February 13, 1993, 23 Pa.B. 744; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730. Immediately preceding text appears at serial page (287840).

This section cited in 58 Pa. Code § 53.8 (relating to boats); 58 Pa. Code § 97.2 (relating to fire extinguisher); and 58 Pa. Code § 119.7 (relating to race boats).

History

• Authority: The provisions of this § 109.
• Source: The provisions of this § 109.

Chapter 111 Special Regulations Counties

58 Pa. Code § 111.2 Allegheny County.

(a) Allegheny River. The following special regulations apply to the Allegheny River:

(1) Boats are limited to slow, no wake speed from Miles 12.8 to Lock and Dam Number 2 at Mile 14.5 in the back channel of Twelve and Fourteen Mile Islands.

(2) The area behind Nine Mile Island, Mile 10.0 to Mile 10.4 is a designated ski zone. Boats not actively engaged in towing water-skiers or other boat-towed watersport participants are limited to slow, no wake speed.

(b) Monongahela River. Waterskiing and other boat-towed watersports are prohibited from the Glassport Bridge (Mile 19.4) to the Union Railroad Bridge (Mile 21.1) at Clairton.

(c) Allegheny, Monongahela and Ohio Rivers (City of Pittsburgh). Boats are limited to slow, no-wake speed from the Fort Pitt Bridge over the Monongahela River and the Veterans Bridge over the Allegheny River to the West End Bridge over the Ohio River. This zone shall be in effect on weekends from May 1 to November 1 from 3 p.m. Friday until midnight Sunday and from 3 p.m. on the day preceding Memorial Day, July 4 and Labor Day until midnight of the holiday.

(d) Youghiogheny River. Boats are limited to slow, no wake speed from the mouth of the Youghiogheny River to the McKeesport Access Area, a distance of about 200 yards.

The provisions of this § 111.2 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.2 adopted June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; reserved June 22, 1990, effective June 23, 1990, 20 Pa.B. 3506; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 15, 2002, effective May 1, 2003, 32 Pa.B. 5659; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1468; amended August 30, 2019, effective August 31, 2019, 49 Pa.B. 4950; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (397200) and (407725).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.3 Armstrong County.

(a) Crooked Creek Lake.

(1) A boat may not tow more than one boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.

(2) Boats equipped with inboard engines with over-the transom or straight type exhausts, wet or dry, are prohibited.

(3) Air boats are prohibited.

(4) Boats are limited to slow, no wake speed in the following areas:

(i) From the dam to a buoy line crossing the lake above the swimming beach.

(ii) From the shoal buoys to the headwaters.

(5) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

(b) Keystone Lake. The use of motors in excess of 20 horsepower is prohibited.

(c) Mahoning Creek Lake.

(1) The use of motors in excess of 10 horsepower is prohibited.

(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.3 amended under 30 Pa.C.S. § § 322 and 5124.

The provisions of this § 111.3 adopted June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended January 4, 1991, effective January 5, 1991, 21 Pa.B. 9; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended August 31, 2018, effective September 1, 2018, 48 Pa.B. 5472; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (411367).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.4 Beaver County.

(a) Beaver River. Boats are limited to slow, no wake speed from the mouth upstream to Mile 2.3.

(b) Bradys Run Lake. The operation of boats powered by internal combustion motors is prohibited.

(c) Little Beaver Creek (Ohioville Area). Boats are limited to slow, no wake speed from the mouth upstream to the State line.

The provisions of this § 111.4 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.4 adopted June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended September 16, 2005, effective January 1, 2006, 35 Pa.B. 5125; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (333812).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.6 Berks County.

(a) Blue Marsh Lake.

(1) Boats equipped with inboard engines with over-the-transom or straight stack type exhausts, wet or dry, are prohibited.

(2) Boats are limited to a slow, no wake speed in the two arms of the lake formed by Spring Creek and Tulpehocken Creek.

(3) A boat may not tow more than one boat-towed device.

(b) Schuylkill River; Kernsville Pool. Boats are limited to slow, no wake speed.

The provisions of this § 111.6 amended under 30 Pa.C.S. § § 322 and 5124.

The provisions of this § 111.6 adopted June 1, 1990, effective June 2, 1990, 20 Pa.B. 2928; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5710; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended April 22, 2005, effective April 23, 2005, 35 Pa.B. 2392; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 10, 2021, effective December 11, 2021, 51 Pa.B. 7707; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial page (407726).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.9 Bucks County.

(a) Lake Nockamixon. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

(b) Neshaminy Creek. Boats are limited to slow, no wake speed on the entire creek from its headwaters to its confluence with the Delaware River.

(c) Tyler State Park. The operation of boats powered by internal combustion motors is prohibited.

(d) Delaware River.

(1) Boats are limited to slow, no wake speed in Franklin Cove.

(2) Boats are limited to slow, no wake speed while passing through the following bridge spans:

(i) Route 263 (Stockton-Center) Bridge.

(ii) Route 202 Toll Bridge.

(iii) Route 179 (New Hope-Lambertville) Bridge.

(iv) Lumberville Foot Bridge.

(v) Upper Black Eddy—Milford Bridge.

(vi) Riegelsville Bridge.

(vii) Frenchtown ‘‘Free’’ Bridge.

(3) The mooring of boats within 100 feet of the marina boat dock in Franklin Cove is prohibited.

The provisions of this § 111.9 amended under the Fish and Boat Code, 30 Pa.C.S. § § 5122(a)(6) and 5124.

The provisions of this § 111.9 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; corrected November 12, 1999, 29 Pa.B. 5834; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 2, 2016, effective January 1, 2017, 46 Pa.B. 7536. Immediately preceding text appears at serial pages (379433) to (379434).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.10 Butler County.

Lake Arthur—Moraine State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

The provisions of this § 111.10 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.10 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (316078).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.11 Cambria County.

Glendale Lake—Prince Gallitzin State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

The provisions of this § 111.11 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.11 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (316078).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.13 Carbon County.

(a) Beltzville Lake—Beltzville State Park.

(1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph.

(2) Boats are limited to slow, no wake speed at Pine Run, Wild Creek and Pohopoco Creek Bays.

(3) Waterskiing and other boat-towed watersports are prohibited except between sunrise and sunset in the designated ski zone. Boats in this zoned area shall operate in a counter-clockwise direction. Boats not engaged in waterskiing and other boat-towed watersports shall remain outside the ski zone area while waterskiing and other boat-towed watersports are in progress. A boat may not tow more than one boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.

(4) It is unlawful to operate boats equipped with inboard engines with over-the-transom or straight stack type exhausts.

(5) Kiteskiing and parasailing are prohibited at all times.

(b) Francis E. Walter Dam. The use of motors in excess of 10 horsepower is prohibited.

The provisions of this § 111.13 amended under 30 Pa.C.S. § § 322 and 5124.

The provisions of this § 111.13 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (393610) to (393611).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.14 Centre County.

Foster Joseph Sayers Lake—Bald Eagle State Park.

(1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph.

(2) Boats are limited to slow, no wake speed in the following areas:

(i) Hunters Run Cove inlet.

(ii) The southern end of Hunters Run Cove in the vicinity of boat launching areas.

(iii) The northern end of Hunters Run Cove from the inlet to the dam.

(iv) Within 100 feet of either side of the Route 26 Highway Bridge.

(v) From approximately 2,000 feet west of the Upper Greens Run launch ramp through the backwaters of the lake.

(3) Waterskiing is prohibited in Hunters Run Cove.

(4) It is unlawful to operate boats equipped with inboard engines with over-the-transom or straight stack type exhausts.

The provisions of this § 111.14 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.14 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (356977) to (356978).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.16 Clarion County.

(a) Clarion River. Boats are limited to slow, no-wake speed from the mouth of McGourvey Run to the mouth of Blyson Run.

(b) Redbank Creek. Boats are limited to slow, no wake speed on the entire creek from its headwaters to its confluence with the Allegheny River.

The provisions of this § 111.16 issued under 30 Pa.C.S. § 5124.

The provisions of this § 111.16 adopted May 13, 2011, effective May 14, 2011, 41 Pa.B. 2438; amended August 31, 2018, effective September 1, 2018, 48 Pa.B. 5472. Immediately preceding text appears at serial page (379436).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.17 Clearfield County.

(a) Treasure Lake.

(1) Boats are limited to slow, no wake speed from the established buoy line at the following areas:

(i) Lake Marina.

(ii) Coral Cove.

(iii) Matura Cove.

(iv) Galion Bay.

(v) Columbus Court Cove.

(vi) Treasure Lake Road Cove.

(vii) Access areas at Hurricane Cove.

(2) The speed of boats is limited to 35 mph.

(3) Boats 26 feet in length or longer are prohibited.

(b) Bimini Lake. The use of motors in excess of 10 horsepower is prohibited.

(c) Curwensville Lake. Boats are limited to slow, no wake speeds in the following areas:

(1) Upriver of the cliff at Ferguson.

(2) Between the old viaduct pillars.

The provisions of this § 111.17 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.17 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 2, 2022, effective January 1, 2023, 52 Pa.B. 7386. Immediately preceding text appears at serial pages (411370) and (411149).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.20 Crawford County.

(a) Canadohta Lake. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 10 horsepower is prohibited.

(b) Conneaut Lake. The anchoring of boats is prohibited in the area along the western shoreline of the lake commonly referred to as the ‘‘sand bar.’’ The no anchor zone will extend along the shoreline to a line of buoys.

(c) Pymatuning Reservoir—Pymatuning State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

(d) Sugar Lake. The use of motors in excess of 10 horsepower is prohibited.

(e) Woodcock Creek Lake.

(1) The use of motors in excess of 20 horsepower is prohibited.

(2) Waterskiing is prohibited.

(3) Boats are limited to slow, no wake speed in a zone defined by the area east of the LR 20063 Causeway.

(4) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.20 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.20 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended December 7, 2007, effective December 8, 2007, 37 Pa.B. 6404; amended October 2, 2009, effective October 3, 2009, 39 Pa.B. 5730; amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2438; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective September 17, 2022, 52 Pa.B. 5953; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial pages (412261) to (412262).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.21 Cumberland County.

Fuller Lake—Pine Grove Furnace State Park. Boating is prohibited.

The provisions of this § 111.21 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.21 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3496; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (356980).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.23 Delaware County.

(a) Delaware River. Boats are limited to slow, no wake speed between Tinicum Island and the Pennsylvania shoreline.

(b) Darby Creek. Boats are limited to slow, no wake speed on the entire creek from its headwaters to its confluence with the Delaware River.

The provisions of this § 111.23 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.23 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (378905).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.24 Elk County.

East Branch Clarion River Lake—Elk State Park.

(1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph. It is unlawful to operate boats equipped with inboard engines with over-the-transom or straight stack type exhausts.

(2) Boats are limited to slow, no wake speed in the following areas:

(i) Sevenmile Run Bay.

(ii) South Fork/Straight Creek Bay.

(iii) East Branch Clarion River Bay from the no-wake buoys to the extreme backwaters of the lake.

(3) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.24 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.24 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (379439).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.25 Erie County.

(a) Lake Erie and Presque Isle Bay.

(1) Boats are limited to slow, no wake speed in the following areas:

(i) Through the Erie Harbor Entrance between the North Pierhead Light (fog horn) and Inter Range Tower.

(ii) In the area adjacent to the Erie Public Dock, extending from the Erie Sand and Gravel Company on the west to the Continental Grain Company piers on the east. The restricted area will include the Canal Basin and extend northward to the harbor line.

(iii) Within the boundaries of Presque Isle State Park, including the waters of Marina and Misery Bays and the waters along the bay and lake shore for a distance of 500 feet from the shore.

(2) Waterskiing, other than for the purpose of take off or approach, is prohibited within 500 feet of the shoreline of Presque Isle peninsula.

(3) The anchoring of watercraft in the entrance channel to Horseshoe Pond, Fox Pond, Marina Bay, the Lagoons or the bridge at Misery Bay in a manner that interferes with the public use of these areas or in a manner which creates a hazard to other watercraft is prohibited.

(4) The mooring of boats to any dock, wharf, pier, ship or boat launching facility in a manner that interferes with public use or creates a hazard to other watercraft is prohibited.

(5) Boats are prohibited within 100 feet of designated swimming beaches at Presque Isle State Park.

(6) The internal lagoons from Marina Drive Bridge at the west end of the Long Pond through the northern entrance of Graveyard Pond shall be limited to electric motors only.

(b) Lake Leboeuf. It is unlawful to operate a boat in excess of slow, no wake speed.

(c) Lake Pleasant. The operation of boats powered by motors is prohibited.

The provisions of this § 111.25 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.25 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332. Immediately preceding text appears on pages (287847) to (287848).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.26 Fayette County.

Youghiogheny River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.26 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.26 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (379440).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.27 Forest County.

Tionesta Lake.

(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

(2) Boats are limited to slow, no wake speed upstream from the confluence of Little Piney Run.

The provisions of this § 111.27 issued under 30 Pa.C.S. § 5124.

The provisions of this § 111.27 adopted March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial pages (379440) to (379441).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.30 Greene County.

Ten Mile Creek. It is unlawful to operate a boat in excess of slow, no wake speed.

The provisions of this § 111.30 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.30 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (360051).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.31 Huntingdon County.

(a) Greenwood Lake—Greenwood Furnace State Park. It is unlawful to operate a boat powered by a motor.

(b) Lake Raystown.

(1) Boats are limited to slow, no wake speed in the following areas:

(i) Seven Points, Yocum Bay, Woodcock Valley Cove, James Creek Cove, Great Trough Creek Cove, Coffee Run Cove and Shy Beaver Cove.

(ii) From the no-wake buoys between Putts Camp and Weaver Falls Access to the extreme backwaters of the lake.

(iii) Between peninsula number one and peninsula number three known as the Rothrock Recreation Area above the Route 994 Bridge.

(iv) Other coves, bays, inlets, arms and areas marked with slow, no-wake buoys.

(2) Waterskiing is prohibited between the Route 994 Bridge and the point of peninsula number 3 of the Rothrock Recreation Area approximately 3/4 mile upstream.

(c) Perez Lake. The operation of boats powered by internal combustion motors is prohibited.

The provisions of this § 111.31 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.31 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended December 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6968; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (360051) to (360052).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.32 Indiana County.

(a) Conemaugh River Lake.

(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boatsless than 16 feet in length or any canoe, kayak or paddleboard.

(2) The operation of boats powered by internal combustion motors is prohibited.

(b) Yellow Creek Lake—Yellow Creek State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

The provisions of this § 111.32 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.32 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1231; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (379442).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.36 Lancaster County.

(a) Lake Aldred—Susquehanna River. Boats are limited to slow, no wake speed from the York County shoreline to the northern point of Urey Islands to the southern tip of Blair Island, and back to the York County shoreline. The area is about 1 mile in length.

(b) Susquehanna River. Boats are limited to slow, no wake speed for both of the following:

(1) From the Lancaster County shoreline to the northern point of Shad Island south to the southern point of Green Island and back to the Lancaster County shoreline from January 1 to October 1.

(2) In all areas between and within 200 feet of the islands comprising the Conejohola Flats.

The provisions of this § 111.36 amended under the Fish and Boat Code, 30 Pa.C.S. § § 5122(a)(6) and 5124.

The provisions of this § 111.36 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 5, 1999, effective Novemer 6, 1999, 29 Pa.B. 5723; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (313257).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.38 Lebanon County.

Stoever’s Dam. The operation of boats powered by internal combustion motors is prohibited.

The provisions of this § 111.38 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.38 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (313257).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.40 Luzerne County.

(a) Lily Lake.

(1) Boats with greater than 60 horsepower engines or greater than 20 feet in length are prohibited.

(2) Boats are limited to slow, no wake speed except those operating within the buoyed high speed operating zone, between noon and sunset between the Saturday preceding Memorial Day and September 30.

(b) Francis E. Walter Dam. The use of motors in excess of 10 horsepower is prohibited.

(c) Harveys Lake.

(1) The operation of boats powered by internal combustion motors is permitted.

(2) The speed of boats is limited to 45 mph from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day.

(3) The speed of boats is limited to slow, no wake speed between sunset and sunrise.

The provisions of this § 111.40 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.40 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended September 16, 2005, effective January 1, 2006, 35 Pa.B. 5125; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 25, 2016, effective March 26, 2016, 46 Pa.B. 1549. Immediately preceding text appears at serial page (379444).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.41 Lycoming County.

(a) Susquehanna River. Boats are limited to slow, no wake speed between Swimmers Island and the south shore of the Susquehanna River.

(b) Pine Creek. Only boats powered by motors of 10 horsepower or less are permitted from the county line downstream to the Route 220 Bridge. After January 1, 1995, the operation of internal combustion engines is prohibited.

The provisions of this § 111.41 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.41 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (313258) and (360053).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.42 McKean County.

Allegheny River Reservoir (Kinzua Dam).

(1) Boats are limited to slow, no wake speed in the following areas:

(i) Chappel Bay.

(ii) Morrison Run Bay.

(iii) From the sewer plant at Kiasutha to the headwaters above Red Bridge.

(iv) Willow Bay.

(v) Sugar Bay.

(vi) Elijah Run boat launch.

(vii) Other coves, bays, inlets, arms and areas marked with slow, no-wake buoys.

(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.42 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.42 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended April 22, 2005, effective April 23, 2005, 35 Pa.B. 2391; amended December 8, 2023, effective December 9, 2023, 53 Pa.B. 7598; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (417539).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.43 Mercer County.

(a) Shenango River Lake.

(1) The use of motors in excess of 20 horsepower is prohibited in the area west of the Penn Central Railroad (Levittsburg) causeway to the Ohio line.

(2) Boats are prohibited in Game Lands Propagation Areas.

(3) Waterskiing is prohibited south of the Conrail Railroad Bridge to the hazard buoys at the dam.

(4) Boats are limited to slow, no wake speed in the following areas:

(i) Stewart’s Bay.

(ii) Celery Bay.

(iii) The main lake from the vicinity of the Hopper Road Fisherman Access Area to the extreme backwaters of the lake.

(iv) From the hazard buoys above the dam to the Conrail Railroad Bridge.

(v) Two hundred feet from the shoreline in the vicinity of the Shenango Day Use Area and Campground and the Route 18 causeway.

(vi) Duck Lake.

(5) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

(6) Waterskiing is prohibited in the following slow no wake zones:

(i) Beneath the State Route 18 and State Route 846 Bridges.

(ii) Beneath the Parkers Landing railroad trestle.

(iii) Beneath the railroad trestle at the Shenango Recreation Area.

(b) Lake Wilhelm—Maurice Goddard State Park. The operation of boats powered by internal combustion motors is permitted southeast of Interstate 79. The use of motors in excess of 20 horsepower is prohibited. Regulations on Lake Wilhelm northwest of Interstate 79 are as posted by the Game Commission.

The provisions of this § 111.43 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.43 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1865; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended December 30, 2011, effective December 31, 2011, 41 Pa.B. 6968; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 10, 2021, effective December 11, 2021, 51 Pa.B. 7708; corrective amendment published at 53 Pa.B. 8237; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056; amended December 26, 2025, effective December 27, 2025, 55 Pa.B. 8754. Immediately preceding text appears at serial pages (418657) to (418658).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.45 Monroe County.

Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area.

The provisions of this § 111.45 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.45 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3206; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (360054).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.46 Montgomery County.

Schuylkill River. Boats are limited to slow, no wake speed between Barbadoes Island and the Norristown shore from the Barbadoes Island Bridge downriver to the Norristown Dam.

The provisions of this § 111.46 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.46 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332. Immediately preceding text appears at serial pages (304818).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.47 Montour County.

Lake Chillisquaque.

(1) The operation of boats powered by internal combustion motors is prohibited.

(2) Boating is prohibited in Goose Cove.

(3) Boating is prohibited on the entire lake from March 15 through April 30.

(4) Inflatable boats shall be at least 7 feet in length, made of durable, reinforced fabric and have at least two separate buoyancy chambers exclusive of any inflatable floor or bottom.

The provisions of this § 111.47 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771. Immediately preceding text appears at serial page (189586).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.48 Northampton County.

(a) Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area (upstream from mile 209.5).

(b) Lehigh River. Boats are limited to slow, no wake speed in the main channel 150 feet upstream and 150 feet downstream from the Route 33 access ramp.

The provisions of this § 111.48 amended under the Fish and Boat Code, 30 Pa.C.S § 5124.

The provisions of this § 111.48 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3206; amended July 9, 2004, effective July 10, 2004, 34 Pa.B. 3601; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (375779) to (375780).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.49 Northumberland County.

Susquehanna River. Boats are limited to slow, no wake speed from 250 feet downriver of the Shikellamy State Park boat launch on the south side of Packer’s Island upriver a distance of 200 feet above the Route 147 bridge.

The provisions of this § 111.49 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.49 adopted December 22, 1995, effective December 23, 1995, 25 Pa.B. 5970; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended December 19, 2014, effective January 1, 2015, 44 Pa.B. 7872. Immediately preceding text appears at serial page (308656).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.51 Philadelphia County.

Schuylkill River.

(1) The use of motors in excess of 10 horsepower is prohibited from Flat Rock Dam downstream to the Girard Avenue Bridge. Waterskiing is prohibited. Enforcement and administrative boats when in the course of their official duties as well as escort boats, coach boats and safety boats when used in connection with organized sweep or sculling boat activity are exempt.

(2) Boats, except sweep and sculling boats, their attendant boats and enforcement and administrative boats, are prohibited from the Girard Avenue Bridge to the Fairmount Dam. Traffic shall proceed upstream favoring the west bank and downstream favoring the east bank.

The provisions of this § 111.51 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.52 Pike County.

(a) Twin Lakes. It is unlawful to operate a boat powered by a motor.

(b) Lake Wallenpaupack.

(1) Waterskiing is prohibited on weekends and holidays at the western end of the lake between a line about 200 yards east of Cairn’s Island, as marked by buoys, and the Ledgedale Recreation Area.

(2) Kiteskiing and parasailing are prohibited on weekends and holidays at all locations. Kiteskiing and parasailing are prohibited between the Ledgedale Campsite and the Kipp Island/Wallenpaupack Lake Estates cement boat launch ramp.

(3) The area extending 100 feet out from the shoreline shall be considered a special anchorage area. Boats anchored or moored within this area shall be exempt from showing the all-around anchor light between sunset and sunrise, but shall be lighted sufficiently by a shore light to warn an approaching boat of their presence. Boats anchored within this special anchorage area not so lighted from the shore, and boats anchored outside this special anchorage area shall comply with § 97.4 (relating to signals to attract attention) and show the required light from sunset to sunrise. Shore lights shall be screened so that the operator of an approaching boat is not blinded.

(4) Boats are limited to slow, no wake speed in the following areas:

(i) On Wallenpaupack Creek.

(ii) From the Ledgedale Bridge to a point approximately 1,000 feet downstream.

(iii) From the dam to a point approximately 600 feet south.

(iv) Between Cairn’s Island and the Pike County shore line.

(5) Boats are limited to 45 mph from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day to Labor Day.

(6) Boats are limited to 25 mph between sunset and sunrise.

(c) Fairview Lake. Boats are limited to slow, no wake speed from the Commission boat launch to the head of the cove.

(d) Delaware River. The operation of personal watercraft is prohibited in the following areas:

(1) Upper Delaware Scenic and Recreational River (upstream from mile 258.4).

(2) The Delaware Water Gap National Recreation Area (downstream from mile 250).

The provisions of this § 111.52 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.52 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3206; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5662; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (375780) and (308657) to (308658).

This section cited in 58 Pa. Code § 111.64 (relating to Wayne County).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.56 Somerset County.

Youghiogheny River Lake.

(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

(2) Boats are limited to slow, no wake speed within the following areas:

(i) Wilkins Hollow Cove.

(ii) Tub Run Cove from a line extending in a southwesterly direction between the outermost points of land on each side of the cove as marked.

(iii) Somerfield Recreation Area as marked in the vicinity of the boat launch ramp and marina.

(iv) Fall Run Cove.

(v) Hall Run Cove.

(vi) Braddocks Run Cove.

(vii) Reason Run Cove.

(viii) Off Somerfield Hill.

The provisions of this § 111.56 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.56 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; corrected December 17, 2004, effective January 1, 2005, 34 Pa.B. 6652; amended March 19, 2010, effective March 20, 2010, 40 Pa.B. 1503; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (379450).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.58 Susquehanna County.

(a) Cotrell Lake. The operation of boats powered by internal combustion motors is prohibited.

(b) East Lake. The operation of boats powered by internal combustion motors is prohibited.

(c) Lakeside Pond. The use of motors in excess of 10 horsepower is prohibited.

(d) Laurel Lake.

(1) Internal combustion motors prohibited. Internal combustion motors are prohibited except as otherwise provided in this subsection.

(2) Operation of boats powered by motors of up to 60 horsepower. Resident property owners at Laurel Lake are permitted to operate boats powered by motors of up to 60 horsepower. It is unlawful for a person, other than a resident property owner or a member of the property owner’s immediate family, to operate a boat powered by an internal combustion motor on Laurel Lake. It is unlawful for a person, including a resident property owner and members of the immediate family, to operate a boat powered by a motor rated in excess of 60 horsepower.

(3) Restrictions on operation of boats powered by internal combustion motors. Operation of boats powered by internal combustion motors is subject to the following restrictions:

(i) Towed devices. A boat may not tow more than one boat-towed device.

(ii) Upper Lake. Boat speed is limited to slow, no wake speed except that, during the period from noon until 6 p.m., no more than two boats powered by internal combustion motors may, at any one time, operate at speeds greater than slow, no wake speed in the marked boat operating zone. Boats operating in the marked zone shall circle in a counter-clockwise direction and shall be subject to the restrictions in this subsection and the code and this subpart. It is unlawful to water ski or tow any other boat-towed device or to operate a boat at greater than slow, no wake speed at any location on the upper lake from 6 p.m. until noon of the following day.

(iii) Lower Lake. It is unlawful to water ski or tow any other boat-towed device or to operate a boat at greater than slow, no wake speed at any time at any location on the lower lake.

(iv) Personal watercraft. The operation of personal watercraft is prohibited.

(4) Restrictions on competing uses of marked boat operating zone. Boats powered by internal combustion motors operating at authorized speeds greater than slow, no wake speed in the marked boat operating zone shall have priority during the time periods when the operation is authorized under paragraph (3)(ii). It is unlawful to operate or stop a boat in the marked boat operating zone in a manner that interferes with authorized operation of internal combustion powered motorboats in the zone.

(e) Little Elk Lake. The operation of boats powered by internal combustion motors is prohibited.

(f) Quaker Lake. The use of motors in excess of 7.5 horsepower is prohibited.

(g) Tripp Lake. The operation of boats powered by internal combustion motors is prohibited.

(h) Upper Lake, New Milford Township. It is unlawful to operate a boat powered by a motor.

The provisions of this § 111.58 amended under 30 Pa.C.S. § § 322 and 5124.

The provisions of this § 111.58 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5711; amended April 18, 1997, effective April 19, 1997, 27 Pa.B. 1934; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (379451) to (379452).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.59 Tioga County.

(a) Cowanesque Lake. Boats are limited to slow, no wake speed in the following areas:

(1) Mapes Creek Cove.

(2) Baldwins Creek Cove.

(3) Between the buoy lines across the lake in the vicinity of East and West Boat Launch areas.

(4) From the buoy line west of the South Shore Use Area upstream to the headwaters of the lake.

(b) Hammond Lake. Boats are limited to slow, no wake speed from a buoy line across the lake in the vicinity of Ives Run to the extreme backwaters of the lake.

(c) Tioga Lake. Boats are limited to slow, no wake speed in the following areas:

(1) Between the Route 15 Bridge and the extreme backwaters of the Mill Creek Arm.

(2) From the vicinity of Big Rift Creek to the extreme backwaters of the lake.

(d) Pine Creek. Only boats powered by motors of 10 horsepower or less are permitted from the county line downstream to the Route 220 Bridge. After January 1, 1995, the operation of internal combustion engines is prohibited.

The provisions of this § 111.59 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.59 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1231; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial page (316083).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.60 Union County.

Halfway Lake—R.B. Winter State Park. It is unlawful to operate a boat powered by a motor.

The provisions of this § 111.60 issued under 30 Pa.C.S. § 5124.

The provisions of this § 111.60 adopted November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 8, 2023, effective December 9, 2023, 53 Pa.B. 7599. Immediately preceding text appears at serial page (411373).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.61 Venango County.

Two Mile Run County Park.

(1) The operation of boats powered by internal combustion motors is prohibited.

(2) Sailboats greater than 14 feet in length and multihull sailboats are prohibited.

(3) Inflatable boats shall be greater than 7 feet in length, made of tough, reinforced fabric and have at least two separate buoyancy chambers exclusive of any inflatable floor or bottom.

The provisions of this § 111.61 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.61 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (316083) to (316084).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.62 Warren County.

Allegheny River Reservoir (Kinzua Dam).

(1) Boats are limited to slow, no wake speed in the following areas:

(i) In the vicinity of camping areas and boat launch areas.

(ii) Dew Drop Bay.

(iii) Wolf Run Bay.

(iv) Hodge Bay, North and South Branch.

(v) Cornplanter Bay.

(vi) Billies Bay.

(vii) Willow Bay beginning at the boat launch ramp.

(viii) Other coves, bays, inlets, arms and areas marked with slow, no-wake buoys.

(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.62 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.62 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended April 22, 2005, effective April 23, 2005, 35 Pa.B. 2392; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended December 8, 2023, effective December 9, 2023, 53 Pa.B. 7598; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial page (417542).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.63 Washington County.

Cross Creek Lake. The use of motors in excess of 10 horsepower is prohibited.

The provisions of this § 111.63 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.63 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (316084) to (316085).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.64 Wayne County.

(a) Duck Harbor Pond.

(1) The operation of boats powered by internal combustion motors is permitted.

(2) A boat may not tow more than one boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.

(3) The speed of boats is limited to slow, no wake speed between 6 p.m. and 10 a.m.

(b) Long Pond.

(1) The operation of boats powered by internal combustion motors is permitted.

(2) Waterskiing and other boat-towed watersports are permitted from 10 a.m. until 5 p.m. on weekends and holidays and from 10 a.m. until sunset on weekdays other than holidays.

(3) A boat may not tow more than one boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.

(4) The speed of boats is limited to slow, no wake speed from sunset until sunrise.

(c) Prompton Lake—Prompton State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 10 horsepower is prohibited.

(d) Lake Wallenpaupack. Pike County special regulations applicable to Lake Wallenpaupack at § 111.52(b) (relating to Pike County) also apply to the Wayne County portion of Lake Wallenpaupack.

(e) Delaware River. The operation of personal watercraft is prohibited within the Upper Delaware Scenic and Recreational River.

The provisions of this § 111.64 amended under 30 Pa.C.S. § § 322, 512(a)(6) and 5124.

The provisions of this § 111.64 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5710; amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3210; amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial pages (379454) to (379455).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.65 Westmoreland County.

(a) Conemaugh River Lake.

(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

(2) The operation of boats powered by internal combustion motors is prohibited.

(b) Loyalhanna River Lake. All persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe, kayak or paddleboard.

The provisions of this § 111.65 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.65 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended March 9, 2001, effective March 10, 2001, 31 Pa.B. 1369; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1231; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended March 1, 2024, effective March 2, 2024, 54 Pa.B. 1056. Immediately preceding text appears at serial pages (411375) to (411376).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.66 Wyoming County.

Lake Winola.

(1) The operation of boats powered by internal combustion motors is permitted.

(2) A boat may not tow more than one boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.

(3) The speed of boats is limited to slow, no wake speed from sunset to sunrise, 7 days a week, year-round, and from sunrise to 11 a.m. on Sundays from the day before Memorial Day until Labor Day.

(4) The speed of boats is limited to 35 mph from sunrise to sunset on weekends and holidays.

The provisions of this § 111.66 amended under 30 Pa.C.S. § 5124.

The provisions of this § 111.66 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 23, 1994, effective September 24, 1994, 24 Pa.B. 4771; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5710; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1070; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6332; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6435; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679; amended September 16, 2022, effective January 1, 2023, 52 Pa.B. 5952. Immediately preceding text appears at serial page (379456).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.67 York County.

(a) Lake Marburg—Codorus State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is prohibited.

(b) Lake Redman.

(1) The operation of internal combustion motors is prohibited, but boats propelled by electric motors and nonmechanically propelled boats may be used either with or without internal combustion motors attached. Internal combustion motors may be used in the performance of official duties by persons so authorized.

(2) The towing of a device other than devices used in trolling for fish is prohibited.

(3) The following types of watercraft are prohibited:

(i) Inflatable boats except those which are at least 7 feet in length, made of durable, reinforced fabric and have at least two separate buoyancy chambers exclusive of any inflatable floor or bottom.

(ii) Novelty type craft.

(iii) Watercraft not constructed or sold for the primary purpose of being used as a means of transportation on the water.

(iv) Surfboards, except for rescue purposes.

(v) Pontoon boats.

(c) Lake Williams.

(1) The operation of internal combustion motors is prohibited, but boats propelled by electric motors and nonmechanically propelled boats may be used either with or without internal combustion motors attached. Internal combustion motors may be used in the performance of official duties by persons so authorized.

(2) The towing of a device other than devices used in trolling for fish is prohibited.

(3) The following types watercraft are prohibited:

(i) Inflatable boats except those which are at least 7 feet in length, made of durable, reinforced fabric and have at least two separate buoyancy chambers exclusive of any inflatable floor or bottom.

(ii) Novelty type craft.

(iii) Watercraft not constructed or sold for the primary purpose of being used as a means of transportation on the water.

(iv) Surfboards, except for rescue purposes.

(v) Pontoon boats.

(4) The operation of watercraft is prohibited within 100 feet of dams and in the extreme backwaters of Lake Williams from the buoy markers to the base of Lake Redman.

The provisions of this § 111.67 amended under the Fish and Boat Code, 30 Pa.C.S. § 5124.

The provisions of this § 111.67 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended September 15, 2000, effective September 16, 2000, 30 Pa.B. 4814; amended November 15, 2002, effective November 16, 2002, 32 Pa.B. 5661; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (316087) to (316088).

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.71 General requirements.

Sections of this chapter establishing horsepower or motor restrictions are qualified by conditions established in § § 107.1 and 107.2 (relating to horsepower restrictions; and electric motors).

The provisions of this § 111.71 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

58 Pa. Code § 111.72 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Holidays—Federally-recognized holidays. Weekdays—Monday through Friday. Weekends—Saturday and Sunday.

The provisions of this § 111.72 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

History

• Authority: The provisions of this § 111.
• Source: The provisions of this § 111.

Chapter 113 Aids to Navigation and Obstructions to Navigation

58 Pa. Code § 113.1 General.

(a) The Coast Guard administers the United States Aids to Navigation System (33 CFR Part 62 (relating to United States Aids to Navigation System)). The System consists of Federal aids to navigation operated by the Coast Guard, aids to navigation operated by other armed services and private aids to navigation operated by other persons. This System is adopted by the Commission for use in this Commonwealth and is administered on waters not marked by the Coast Guard.

(b) An aid to navigation is a device external to a vessel intended to assist a boater in determining position or safe course, or warn of dangers or obstructions to navigation.

The provisions of this § 113.1 amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789. Immediately preceding text appears at serial page (213895).

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.2 Prohibited acts.

(a) Aids, other than those placed by the United States government, may not be placed on or along waters of this Commonwealth unless authorized by the Commission under § 113.4 (relating to permits).

(b) A person may not moor or fasten watercraft to an authorized and lawfully placed State or Federal buoy, beacon or bridge. This section does not prohibit mooring of boats to authorized mooring buoys.

(c) It is unlawful for an unauthorized person to move, remove, tamper or injure a State or Federal aid or marker.

(d) A person may not place an aid to navigation that is incompatible with the United States Aids to Navigation System.

The provisions of this § 113.2 amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789. Immediately preceding text appears at serial pages (213895) to (213896).

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.3 Operation of boats.

The Commission or the Executive Director acting under § 103.3(c) (relating to restriction for special areas), may establish or authorize establishment of control zones. Established control zones will be indicated by regulatory markers at the beginning, at the end and at appropriate intermediate points. It is unlawful for operators to operate a boat contrary to the restrictions of the controlled area.

The provisions of this § 113.3 amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859. Immediately preceding text appears at serial page (248928).

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.4 Permits.

(a) Persons, including clubs, individuals, State agencies, municipalities and other groups, wishing to establish an aid shall apply for permission from the Commission on Form PFBC-277 at least 30 days prior to the intended date of installation. Application forms are available from and should be submitted to:

Aids to Navigation Bureau of Boating Pennsylvania Fish and Boat Commission Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000

(b) The authorization of the placement of a private aid to navigation does not grant exclusive privileges nor does it eliminate the necessity to comply with other Federal or state permitting requirements.

The provisions of this § 113.4 amended under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 204 of the Commonwealth Documents Law (45 P.S. § 1204).

The provisions of this § 113.4 amended July 26, 2013, effective July 27, 2013, 43 Pa.B. 4214; amended February 11, 2022, effective February 12, 2022, 52 Pa.B. 983. Immediately preceding text appears at serial page (367882).

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.5 Responsibilities of permittees.

A permittee is solely responsible for placement and maintenance of private aids to navigation placed in waters of this Commonwealth under this chapter. Private aids to navigation are the property of the permittee only and are not the property of the Commission or the Commonwealth. The permittee alone is responsible for claims related to the placement or maintenance of private aids to navigation. The permit will contain appropriate terms and conditions setting forth the responsibility of the permittee.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.6 Maintaining of aids to navigation.

Permittees shall maintain private aids to navigation throughout the period specified in the permit in accordance with permit requirements. If, during the period specified in the permit, the private aid is not in place, the permittee shall notify the Commission in writing within 5 days, stating the status of the aid.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.7 Transfer of permit.

Aids to navigation permits are not transferrable. The party, or the successor in interest to the party, relinquishing responsibility for maintenance of the private aid to navigation shall advise the Commission in writing. The party accepting responsibility shall submit a new application.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.8 Accidents involving aids or markers.

Accidents involving an aid or marker shall be reported to the Commission as soon as possible, but not more than 5 days after the accident.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.9 Marking of wrecks and sunken vessels.

(a) When a sunken or submerged object creates a hazard to navigation, the owner of the boat, barge, raft or other craft, or of a motor vehicle or other obstruction which has sunk in waters of this Commonwealth is required to notify the Commission within 24 hours and to mark the hazard with a buoy or daymark during the day and with a light at night as the Commission directs.

(b) Buoys established by the Commission to mark wrecks may be lighted and placed on the channel side of the wreck and as near to the wreck as conditions will permit.

(c) Required markings shall be established and maintained until the wreck is removed or otherwise directed by the Commission.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.10 Permits for installation and lighting of floats, ski ramps and other floating structures.

(a) A person may not place a float, ski ramp or other floating structure on or along the waters of this Commonwealth unless authorized by the Commission, or an authorized representative of the Federal government.

(b) Application shall be made on forms provided by the Commission at least 30 days prior to the intended date of installation of the structure.

(c) A ski ramp, floating dock, swim dock or other floating structure shall be lighted between sunset and sunrise and at other times when restricted visibility warrants it. Each structure shall show at least one all around white light visible for a distance of at least 1 mile with a characteristic of flashing or oscillating. ‘‘Visible’’ means visible on a dark night with clear atmosphere.

(d) The permittee shall maintain the floating structure in accordance with permit requirements. The permittee shall notify the Commission in writing within 5 days if the floating structure is not in place or lighted during the period when the permit specifies that it shall be in place or lighted.

(e) A structure permitted under this section shall display the permit number in characters at least 3 inches in height in a position where it may be observed easily by an officer empowered to enforce this section.

This section cited in 58 Pa. Code § 109.4 (relating to water skiing, aquaplaning, kite skiing and similar activities).

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.11 Unpermitted buoys and floating structures.

(a) It is unlawful to place or maintain buoys and floating structures on the waters of this Commonwealth without proper permits. The owner of a buoy or structure is responsible for obtaining the necessary permits prior to placing or maintaining the buoy or structure on Commonwealth waters.

(b) Unpermitted buoys and structures shall be removed by the owner upon order of the Commission. If they are not removed, the Commission will remove or order their removal. The owner will be held responsible for the costs of the removal, in addition to payment of fines resulting from violation of this section.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 113.12 Reliance on location of aids and markers.

(a) The location of buoys and other aids vary in their reliability because:

(1) Buoy locations are always approximated.

(2) Buoy moorings vary in length allowing a degree of movement depending upon the wind, currents and water levels.

(3) Buoys may be dragged off-station, sunk, destroyed or vandalized.

(b) Boaters should not rely on buoys alone for determining their position or the degree of hazard present in a body of water. Prudent boaters shall use bearings, soundings, good lookout and various methods of electronic navigation to assure a safe voyage.

The provisions of this § 113.12 adopted April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822.

History

• Authority: The provisions of this § 113.
• Source: The provisions of this Chapter 113 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

Chapter 115 Boats Carrying Passengers for Hire

58 Pa. Code § 115.1 Purpose.

This chapter establishes regulations for boats carrying passengers for hire. The regulations in this chapter are promulgated under section 5123(a)(1) of the code (relating to general boating regulations) and deemed necessary for the health and safety of passengers, operators and persons on, in or towed by boats on, in or along the waters of this Commonwealth. The definition ‘‘passenger-carrying boat’’ as set forth in section 102 of the code (relating to definitions) applies to this chapter and to the term ‘‘boats carrying passengers for hire.’’

The provisions of this § 115.1 amended under section 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5123(a)(1)).

The provisions of this § 115.1 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial page (293747).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.2 Initial certification.

(a) An owner of a boat carrying passengers for hire shall apply for certification of the boat on a form provided by the Commission and shall provide the information requested on the form.

(b) An applicant shall submit the following documentation in addition to the application form:

(1) Form PFBC-291c. A Form PFBC-291c, Vessel Characteristic Report, has two parts. Part A is to be completed and signed by the owner. Part B is to be completed by a qualified accredited marine surveyor who conducted the inspection within 6 months preceding the date of the application. The inspection report shall include a statement by the marine surveyor as to whether or not the boat is suitable for the use intended, or if not suitable, the requirements necessary to bring about compliance. The report shall also include the opinion of the marine surveyor as to the total number of persons who may be carried on the boat. The opinion of the marine surveyor shall be based on a United States Coast Guard-approved stability test suitable for the type and size of boat.

(2) Proof of financial responsibility. An applicant shall furnish the Commission proof of financial responsibility. The proof shall evidence the applicant’s ability to respond in damages on account of accidents arising out of the maintenance or use of the passenger carrying boat. The minimum amount of coverage shall be $500,000 because of injury or death to one person in an accident and $1,000,000 because of injury or death to two or more persons in an accident and $25,000 because of damage to property of others in an accident. Proof of financial responsibility shall be in a form acceptable to the Commission and shall provide for notice to the Commission in the event of cancellation of liability insurance.

The provisions of this § 115.2 amended under section 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5123(a)(1)).

The provisions of this § 115.2 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial pages (293747) to (293748).

This section cited in 58 Pa. Code § 115.4 (relating to annual safety inspections).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.3 Recertification.

(a) A boat carrying passengers for hire shall have reinspections and recertifications as follows:

(1) A dry dock examination shall be conducted by a qualified accredited marine surveyor at least once every 5 years.

(2) A stability test shall be conducted whenever a boat has been involved in an accident or has been structurally modified. The stability test shall be United States Coast Guard-approved, suitable for the type and size of boat and utilize the current Assumed Average Weight per Person standard adopted by the United States Coast Guard.

(b) The owner will forward to the Commission a copy of the recertification report along with other documents requested by the Commission.

The provisions of this § 115.3 amended under section 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5123(a)(1)).

The provisons of this § 115.3 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial page (293748).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.4 Annual safety inspections.

(a) Annual safety inspections are required every year after the year of initial certification. When the vessel is ready for inspection, the owner shall apply for an annual safety inspection by electronic mail or telephone to the regional law enforcement office for the region in which the boat is to operate. The application shall be submitted at least 30 days prior to the requested date of inspection. This annual inspection shall be conducted prior to the first commercial use of the boat or within 30 days of the date of issue on the certificate of inspection if the boat operates year round.

(b) On the agreed date of inspection, the owner or representative shall be available to conduct the inspection jointly with the inspector designated by the Commission.

(c) Results of the inspection shall be recorded on Form PFC-291b ‘‘Vessel Inspection Checkoff List.’’ Upon completion of the inspection, deficiencies shall be noted on the reverse of the form. Upon correction of the deficiencies, the owner or a representative and the inspector designated by the Commission shall sign the respective certifications.

(d) The owner or a representative shall present on the day of inspection a current certificate of insurance with minimum coverage as described in § 115.2(b)(2) (relating to initial certification) to the inspector designated by the Commission.

The provisions of this § 115.4 amended under sections 5122 and 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5122 and 5123(a)(1)).

The provisions of this § 115.4 amended November 15, 2002, effective January 1, 2003, 32 Pa.B. 5659; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial pages (293748) to (293749).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.5 Certification of inspection.

(a) Display of certificate. The certificate of inspection shall be framed under transparent material and prominently displayed in a public space aboard the boat or, if it is not feasible to display the certificate on the boat, it shall be displayed at a prominent place dockside where it can be seen by passengers boarding the boat. It is unlawful for the owner of a boat inspected under this section to fail to display the certificate of inspection as provided in this section.

(b) Contents of certificate. Form PFBC-291a shall be used as the certificate of inspection. The certificate of inspection shall include the following information:

(1) The name of the vessel, if applicable.

(2) The registration number of the vessel.

(3) The hull identification number of the vessel.

(4) The name, address and zip code of the owners.

(5) The date qualified for initial inspection.

(6) Hull material, such as wood, steel, aluminum, plastic, fiberglass or other.

(7) The type of propulsion, such as outboard, inboard, inboard/outboard or other and the horsepower rating.

(8) The type of fuel, such as gas, diesel or other.

(9) The length and beam.

(10) The total number of passengers allowed.

(11) Operating personnel requirements, such as one or more operators, one or more linehandlers or assistants, or both.

(12) The total number of Coast Guard approved flotation devices required by type and size.

(13) Fire extinguisher indicating number, type and size, such as two each Type BI Carbon Dioxide.

(14) The body of water upon which the boat is to be employed and route if it is restricted.

(15) The seasons of run-starting and closing date.

(16) The hours of operation—starting time and final docking time.

(c) Validation of certificates. The certificate of inspection will be valid with the original signatures of the Director, Bureau of Law Enforcement or a designee, the inspecting officer and the owner.

(d) Compliance. It is unlawful to operate a boat carrying passengers for hire if the boat is not in compliance with the certificate of inspection.

The provisions of this § 115.5 amended under section 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5123(a)(1)).

The provisions of this § 115.5 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial pages (293749) to (293750).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.6 Exception.

A boat operating under a certificate of inspection from the United States Coast Guard does not require inspection or certification under this chapter. The operators of the boats are subject to the licensing requirements of the United States Coast Guard certificate of inspection and United States Coast Guard regulations and are not subject to the licensing requirements of § 115.9 (relating to licenses for operators).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.7 Accredited marine surveyors.

For purposes of this chapter, an accredited marine surveyor is a surveyor who has been accredited by one of the National marine surveyors associations.

The provisions of this § 115.7 amended under section 5123(a)(1) of the Fish and Boat Code (30 Pa.C.S. § 5123(a)(1)).

The provisions of this § 115.7 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial page (293750).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.8 Personnel requirements for passenger carrying boats.

(a) It is unlawful for a person to operate a boat carrying passengers for hire unless the person first obtains an operator’s license for passenger carrying boats under § 115.9 (relating to licenses for operators).

(b) It is unlawful to operate a boat carrying passengers for hire without an additional qualified crew member if one of the following conditions exist:

(1) The length of the boat exceeds 45 feet.

(2) The boat is certified to carry more than 49 passengers.

(3) The operator cannot handle the mooring lines or associated equipment without assistance.

(c) To qualify as a crew member, an individual shall meet the following conditions. The individual shall:

(1) Be at least 16 years of age.

(2) Be capable of performing the duties required.

(3) Possess a valid Boating Safety Education Certificate.

The provisions of this § 115.8 amended under section 5122 of the Fish and Boat Code (30 Pa.C.S. § 5122).

The provisions of this § 115.8 amended November 15, 2002, effective January 1, 2003, 32 Pa.B. 5659. Immediately preceding text appears at serial page (227700).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.9 Licenses for operators.

(a) Eligibility. Persons, 18 years of age and older, in good physical condition and who possess a valid Boating Safety Education Certificate are eligible for licensing as operators of passenger-carrying boats.

(b) Physical examination. The physical condition of an applicant for an operator’s license shall be certified by a physician after a physical examination. The physician’s certification must include a statement attesting that the applicant displays normal color vision. This requirement may be waived if the operation of vessels for which the license is sought will be limited to daylight hours.

(c) Application. An application for a boat operator’s license shall be made on the form provided by the Commission. The completed form shall be submitted with the applicable fee as listed in section 5104(a)(6) of the code (relating to fees).

(d) Examination. An applicant for a boat operator’s license shall pass a professional examination to demonstrate sufficient experience and capabilities to assume the responsibilities for operation of a passenger-carrying boat. Examination will include oral questions and a practical test of boating skills using the boat—or a boat of identical size and type—for which an operator’s license is being requested. If the applicant does not pass the oral examination or the practical test, 30 days is required prior to taking a retest. A request for the retest shall be submitted on Form PFBC-292.

(e) Contents and display of boat operator’s license. The operator’s license shall contain a photograph of the licensee. In addition, it will list the name and the limitations on the operator with respect to size of vessel authorized to operate and day or night restrictions. Licenses issued under this section are valid on any water under the sole jurisdiction of the Commonwealth for boats up to and including the size listed on the license. The Commission will validate the operator’s license. The operator shall carry and display the license while in actual operation of a passenger carrying boat and produce the license upon request of the Commission.

(f) Expiration. Licenses issued under this section will expire on December 31, 5 years from the date of issuance.

(g) Waiver. The Commission will waive the licensing requirement of this section for an individual possessing a current valid United States Coast Guard certification appropriate for the size and type of boat he intends to operate upon presentation of proof of his Coast Guard Merchant Mariner Credential or other Coast Guard certification.

The provisions of this § 115.9 amended under the Fish and Boat Code, 30 Pa.C.S. § § 5122, 5123(a)(1) and 5124.

The provisions of this § 115.9 amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; amended November 15, 2002, effective January 1, 2003, 32 Pa.B. 5659; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial pages (293751) to (293752).

This section cited in 58 Pa. Code § 115.6 (relating to exception); 58 Pa. Code § 115.8 (relating to personnel requirements of passenger carrying boats); and 58 Pa. Code § 115.10 (relating to renewal of operator’s license).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.10 Renewal of operator’s license.

(a) Operators may apply for a renewal of their license 60 days prior to its expiration. Applications shall be made on the form provided by the Commission and accompanied by the appropriate fees.

(b) Applicants for renewal of licenses shall undergo a new physical examination and submit a new physician’s certification as described in § 115.9(b) (relating to licenses for operators).

(c) If there are no changes to the limitations imposed by the original license, a practical examination is not required. An oral examination may be required if there have been significant changes to regulations concerning safe operation of boats, carriage requirements for safety equipment or carrying passengers for hire.

(d) A licensed operator who does not renew a license as required by subsection (a) shall reapply in accordance with § 115.9.

The provisions of this § 115.10 amended under the Fish and Boat Code, 30 Pa.C.S. § § 5122(a)(6), 5123(a)(1) and 5124.

The provisions of this § 115.10 amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5723; amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial page (293752).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.11 Personal flotation devices.

It is unlawful to operate a boat carrying passengers for hire unless it carries sufficient, serviceable United States Coast Guard approved wearable personal flotation devices in accordance with § 97.1 (relating to personal flotation devices) to provide one for the maximum number of passengers and crew members indicated on the certificate. It is unlawful to operate a boat carrying passengers for hire unless it carries an additional number of personal flotation devices suitable for children equal to at least 10% of the maximum capacity of the boat. If more than 10% of the passengers are children, additional personal flotation devices sized for children are required.

The provisions of this § 115.11 amended under the Fish and Boat Code, 30 Pa.C.S. § § 5123 and 5124.

The provisions of this § 115.11 amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1156; amended November 20, 2015, effective January 1, 2016, 45 Pa.B. 6679. Immediately preceding text appears at serial pages (365111) to (365112).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.12 Applicability of other regulations.

The boats governed by this chapter shall comply with this subpart with regard to registration, equipment, accident reporting and operation. Also see Chapters 93, 95, 97, 101, 103, 105 and 107.

The provisions of this § 115.7 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123(a)(1).

The provisions of this § 115.7 amended December 21, 2012, effective January 1, 2013, 42 Pa.B. 7690. Immediately preceding text appears at serial page (293753).

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.13 Authority for Executive Director to issue temporary waiver.

The Executive Director may waive or modify the operating requirements of this chapter which affect the conduct of a business enterprise in which small boats restricted to an area controlled by the management are used. The owner of the business or an agent shall request the waiver or modification in writing and furnish convincing justification that the public safety is not lessened by the action. The action by the Executive Director shall be construed as temporary pending action by the Commission at its next regularly scheduled meeting.

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 115.14 Prohibited acts.

It is unlawful for a person to operate a passenger-carrying boat or for the owner of a passenger-carrying boat to permit its operation except in compliance with the inspection, certification and licensing requirements of this chapter.

History

• Authority: The provisions of this § 115.
• Source: The provisions of this Chapter 115 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

Chapter 117 Boat Rental Businesses

58 Pa. Code § 117.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Boat livery—A commercial enterprise (person, partnership, corporation or other legal entity) that rents or leases rental boats to other persons for use on the waters of this Commonwealth. Boat rental business—A boat livery. Boat rental transaction—The exchange of consideration in the form of money, goods or services for the use of a rental boat for a period of time. Livery operator—The owner or lessee of a boat livery and employees and other persons authorized to act on behalf of the boat livery. Rental boat—A vessel propelled by oars, paddles, sail or power, rented or leased in this Commonwealth.

(i) The term includes canoes, kayaks, paddleboards, inflatable boats, rowboats, sailboats, personal watercraft and other motorboats.

(ii) The term does not include inner tubes or similar devices not considered to be boats under this title.

The provisions of this § 117.1 amended under 30 Pa.C.S. § 5122.

The provisions of this § 117.1 amended March 24, 2000, effective March 25, 2000, 30 Pa.B. 1652; amended November 29, 2024, effective January 1, 2025, 54 Pa.B. 7675. Immediately preceding text appears at serial page (368485).

History

• Authority: The provisions of this § 117.
• Source: The provisions of this Chapter 117 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 117.2 Inspections.

(a) A livery operator shall inspect its rental boats on a regular basis and shall maintain its rental boats in good repair. It is unlawful for a livery operator to rent or use a rental boat that is not in good repair and serviceable condition.

(b) A livery operator shall permit inspection of equipment, facilities and documentation required by this chapter by a waterways conservation officer or other officer authorized to enforce the code.

(c) A livery operator shall correct deficiencies noted by a waterways conservation officer or other officer authorized to enforce the code within 2 weeks of notification. If the deficiency involves equipment, the livery may not use the equipment until the deficiency is corrected.

The provisions of this § 117.2 amended under the Fish and Boat Code, 30 Pa.C.S. § 5122.

The provisions of this § 117.2 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended March 24, 2000, effective March 25, 2000, 30 Pa.B. 1652. Immediately preceding text appears at serial pages (251609) to (251610).

History

• Authority: The provisions of this § 117.
• Source: The provisions of this Chapter 117 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 117.3 Responsibilities.

(a) [Reserved].

(a.1) A livery operator shall provide their business information, including business name, address and types of boats rented, on a form provided by the Commission. If a change in business name, address or contact information occurs, the livery must provide an update to the Commission within 15 business days. Advertising by any means, including, but not limited to, web sites, business cards, brochures, newspapers, periodicals or billboards, that a person provides boat rentals shall be prima facie evidence of a boat livery operation.

(a.2) A livery operator who conducts the required safety orientation for motorboat rentals must possess a boating safety education certificate issued by the Commission or other valid documentation specified by this title and produce it upon the request of a waterways conservation officer or other officer authorized to enforce the code.

(a.3) It is unlawful for a livery operator to permit a rental boat to depart from the boat rental business without the equipment required by this title for the type of boat being rented and a boat registration or use permit affixed to the boat as required by this title for the access area or waterway where the boat will be operated during the rental period.

(b) A livery operator shall provide to all persons operating rental boats an orientation/introduction to boating safety and conditions, including a review of the laws and regulations applicable to the type of boat being rented and the waters on which the boat will be used. The Executive Director will provide guidance on the content and documentation of this orientation.

(c) Boat rental transactions shall be made using a written agreement, specifying the name and address of the boat rental business and lessee, the names of the individuals completing the required orientation/introduction to boating safety and the rental period. The lessee shall provide a copy of the boat rental agreement upon request to a waterways conservation officer or other officer authorized to enforce the code.

(d) Livery boats shall be clearly marked on both sides for easy identification of the business. Each boat shall be marked with letters, numbers or decals at least 3 inches tall.

(e) A livery operator shall only rent boats that meet or exceed minimum United States Coast Guard requirements for boats of that type. Rental boats shall be of a design and material suitable for their intended use.

(f) A livery operator shall notify the Commission of all reportable accidents involving one or more of the rental boats in accordance with Chapter 101 (relating to boating accidents). This requirement is in addition to the requirement that the operator of the boat file a boating accident report in accordance with Chapter 101.

(g) It is unlawful for a livery operator to rent or use a boat in excess of its capacity as set forth by the manufacturer for the total number of passengers, total weight or maximum horsepower.

The provisions of this § 117.3 amended under the Fish and Boat Code, 30 Pa.C.S. § 5122.

The provisions of this § 117.3 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended March 24, 2000, effective March 25, 2000, 30 Pa.B. 1652; amended November 29, 2024, effective January 1, 2025, 54 Pa.B. 7675. Immediately preceding text appears at serial pages (368486) to (368487).

This section cited in 58 Pa. Code § 93.4 (relating to certificate of registration); and 58 Pa. Code § 117.4 (relating to motorboat liveries).

History

• Authority: The provisions of this § 117.
• Source: The provisions of this Chapter 117 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 117.4 Motorboat liveries.

(a) Persons born on or after January 1, 1982, who rent a boat powered by greater than 25 horsepower or a personal watercraft are exempt from possessing a Boating Safety Education Certificate when the livery operator verifies the renter has completed the required orientation/introduction to boating safety and conditions in accordance with the Executive Director’s guidance established by § 117.3 (relating to responsibilities).

(b) A personal watercraft livery shall take measures to oversee the operation of rented personal watercraft. These measures shall include one of the following:

(1) The designation of a specified area of operation for rented personal watercraft as delineated on a map carried onboard the boat.

(2) The provision of qualified observers employed by the livery to directly observe the operation of rented personal watercraft and provide immediate assistance in case of an incident or breach of terms of the rental agreement. No more than seven personal watercraft may be under the observation of a single observer at any one time. Qualified observers shall be at least 16 years of age, have at least 10 hours of experience operating personal watercraft and have successfully completed the requirements for a permanent Boating Safety Education Certificate. The permanent Boating Safety Education Certificate shall be in the observer’s possession when performing duties under this paragraph.

(c) A personal watercraft livery may not lease, hire or rent a personal watercraft to or for use by a person who is 15 years of age or younger.

The provisions of this § 117.4 amended under 30 Pa.C.S. § 5122.

The provisions of this § 117.4 amended March 24, 2000, effective March 25, 2000, 30 Pa.B. 1652; amended July 18, 2003, effective July 19, 2003, 33 Pa.B. 3497; amended November 29, 2024, effective January 1, 2025, 54 Pa.B. 7675. Immediately preceding text appears at serial pages (368487) to (368488).

History

• Authority: The provisions of this § 117.
• Source: The provisions of this Chapter 117 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

Chapter 119 Motorboat Noise Control

58 Pa. Code § 119.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Efficient—A muffler shall be considered efficient if it complies with the following conditions:

(i) The muffler has the effect of substantially reducing the noise from the motor over that which would be created if the muffler were removed, bypassed or otherwise rendered inoperable.

(ii) In comparison to motors of similar characteristics, under similar operating conditions, the noise created by the motor with the muffler in question is not substantially greater.

(iii) The muffler prevents excessive or unusual noise as defined in § 119.5 (relating to stationary test). Muffler—A sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion motor and which prevents excessive or unusual noise.

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.2 Mufflers.

Every motorboat operated upon the waters of this Commonwealth shall be equipped with a muffler or a muffler system in good working order and in constant operation and effectively installed to prevent excessive or unusual noise.

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.3 Prohibited acts—5123(a)3 and 5.

(a) A person may not operate and an owner may not give permission for the operation of a motorboat upon the waters of this Commonwealth that is equipped with an altered muffler or a muffler cutout, bypass or other device designed or so installed so that it can be used continually or intermittently to bypass or otherwise reduce or eliminate the effectiveness of a muffler or muffler system installed under this chapter.

(b) A person may not operate and an owner may not give permission to operate a boat that in the observation of two persons, one of whom shall be a waterways conservation officer, deputy waterways conservation officer or other law enforcement officer authorized to enforce the code, the sound or noise is so abnormally loud as to constitute a substantial and extraordinary annoyance or distraction to persons in the vicinity of the watercraft.

(c) A person may not remove, alter or otherwise modify a muffler or muffler system in a manner which will prevent it from being operated in accordance with this chapter.

The provisions of this § 119.3 amended February 28, 2020, effective February 29, 2020, 50 Pa.B. 1246. Immediately preceding text appears at serial pages (276241) to (276242).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.4 Prohibition against sale of a vessel not equipped with a muffler in good working order.

A person may not manufacture, sell or offer for sale a motorboat which is not equipped with a muffler or muffler system in good and constant working condition or which does not otherwise comply with this chapter. This chapter does not apply to power vessels designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose. An exemption or exception shall be so documented in every sales agreement and shall be formally acknowledged by signature on the part of both the buyer and seller. Copies of the agreement shall be kept by both parties. A copy shall also be kept onboard or be available when the boat is being operated. A motorboat sold under this exemption may only be operated on the waters of this Commonwealth in accordance with § 119.7 (relating to race boats).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.5 Stationary test.

(a) A person may not operate or give permission for the operation of a motorboat upon the waters of this Commonwealth that exceeds the following noise levels measured in accordance with SAE J2005:

(1) A noise level of 90 dB(a) when subjected to a stationary sound level test for engines manufactured before January 1, 1993.

(2) A noise level of 88 dB(a) when subjected to a stationary sound level test for engines manufactured on or after January 1, 1993.

(b) Measurements will be made by a sound level meter which satisfies ANSI-S 1.4-1983, Type 2, or equivalent.

(c) The noise emission test measurements shall be made with the sound level meter at a distance of at least 4 feet above the water at a point where the transom gunwale and port or starboard gunwale intersects. The vessel being tested shall operate its engine at low throttle setting in neutral gear. Personal watercraft and other boats which have no neutral gear shall operate at the lowest throttle setting with no or minimum headway motion.

This section cited in 58 Pa. Code § 119.1 (relating to definitions); and 58 Pa. Code § 119.6 (relating to pass-by test).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.6 Pass-by test—5123(a)3.

A person may not operate a motorboat on the waters of this Commonwealth that exceeds a noise level of 82dB(a) measured as specified in SAE J1970. The measurement may not preclude a stationary sound level test as prescribed in § 119.5 (relating to stationary test) if an officer has reason to believe that the motorboat is being operated in excess of the noise levels established in § 119.5.

The provisions of this § 119.6 amended February 28, 2020, effective February 29, 2020, 50 Pa.B. 1246. Immediately preceding text appears at serial page (276243).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.7 Race boats.

(a) This chapter does not apply to motorboats registered and actually participating in a racing event or tune-up periods for racing events authorized in accordance with § 109.6 (relating to special marine events), or to a motorboat being operated by a boat or engine manufacturer for the purpose of testing or development.

(b) The operator of a motorboat operated upon the waters of this Commonwealth for the purpose of tune-up for a sanctioned race, or testing and development by a boat or engine manufacturer, shall at all times have in possession and produce on demand of a law enforcement officer a test permit issued by the Commonwealth.

(c) The test permit application shall contain the following information:

(1) The name and address of the driver.

(2) The type and description of the boat.

(3) The area of the test.

(4) The name and address of the boat owner.

(5) The date and location of the next race in which the operator will compete.

(6) Other information needed to fully assess the application.

(d) Race tests will not be permitted on weekends or holidays from May 15 through October 1.

(e) Race tests shall be conducted between the hours of 10 a.m. and 6 p.m. local time.

(f) Race tests shall be limited to 30 minutes on the water. No more than four race tests are permitted in 1 day.

(g) This section does not apply on a body of water in the 3-day period immediately preceding a race on that body of water. Subject to restrictions that may be imposed by the race permit, testing may begin 2 hours before the start of the sanctioned race.

This section cited in 58 Pa. Code § 119.4 (relating to prohibition against sale of a vessel not equipped with a muffler in good working order).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

58 Pa. Code § 119.8 Enforcement.

(a.) An officer authorized to enforce this chapter who has reason to believe that a motorboat is being operated in excess of the noise levels established in this chapter may direct the operator of the motorboat to submit the motorboat to an onsite test to measure noise levels. If the motorboat exceeds the decibel levels established by this chapter, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the motorboat to a mooring and keeping the motorboat at the mooring until the violation is corrected or ceases.

(b.) Any law enforcement officer who conducts motorboat noise level tests as provided in this chapter shall be qualified in motorboat noise testing by the Commission. These qualifications shall include but are not limited to the selection of the measurement site, and the calibration and use of noise testing equipment.

(c.) Measurements for either a Stationary or Pass-by Test will be made by a sound level meter which satisfies ANSI-S 1.4-1983, Type 2 or equivalent.

The provisions of this § 119.8 amended February 28, 2020, effective February 29, 2020, 50 Pa.B. 1246. Immediately preceding text appears at serial page (276244).

History

• Source: The provisions of this Chapter 119 adopted June 3, 1994, effective June 4, 1994, 24 Pa.

Part III Game Commission

Chapter 131 Preliminary Provisions

58 Pa. Code § 131.1 Scope.

(a) This part implements the act.

(b) This part and the act are interrelated, and they shall be construed with reference to each other.

(c) Game and wildlife may be hunted, trapped, taken, possessed, transported, shipped, exported or imported in accordance with the act and this part.

The provisions of this § 131.1 amended May 26, 1972, effective May 27, 1972, 2 Pa.B. 933; amended September 16, 1983, effective September 17, 1983, 13 Pa.B. 2839; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (95271) to (95272).

Discretion

The Pennsylvania Game Commission’s ‘‘failure’’ to make findings of fact regarding whether or not there were any mitigating circumstances was a matter within the Commission’s discretion even though the Commission cited no standard or regulation with respect to what would constitute mitigating circumstances. Marich Jr. v. Game Commission, 676 A.2d 1325 (Pa. Cmwlth. 1996).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.2 Definitions.

In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise: Act—Title 34 of the Pennsylvania Consolidated Statutes (relating to Game and Wildlife Code). Aggregate ammunition capacity—A firearm’s total cumulative ammunition capacity that includes the ammunition capacity of both the chamber and magazine. Air gun—A firearm operated by air or gas cylinder by which a projectile can be discharged or propelled. Antlered deer—

(i) In Wildlife Management Units 1A, 1B, 2A, 2B and 2D, a deer having three or more points on one antler, not including brow tines which is the point immediately above the antler burr.

(ii) In all other wildlife management units, a deer having three or more points to one antler.

(iii) In all wildlife management units, junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length. Antlered elk—An elk having at least one spike visible above the hairline. Antlerless deer—A deer without antlers, or a deer with antlers both of which are less than 3 inches in length. Antlerless elk—An elk without antlers, or an elk with no spike visible above the hairline. Arrow—A projectile shot from a bow with an overall length exceeding the brace height of the bow with fletching designed only for guidance at the aft end and a broadhead mounted on the fore end. No electronic device may be a part of or attached to the arrow. No device, material or system capable of causing damage or injury to the animal in excess of that inflicted by the cutting edges of the broadhead may be a part of or attached to any arrow. Beekeeper’s agent—A person who accepts the responsibility of bees, hives and related equipment in the absence of the owner, and who is willing and able to reset disrupted hives, maintain fencing where present and report damage done by bears to the nearest available Commission officer as soon as practical, but, in any event, within 10 days of the damage. The agent shall be domiciled within 300 yards of the beehives. Bottle-necked cartridge—A cartridge having a main diameter and a distinct angular shoulder stepping down to a smaller diameter at the neck position of the case. This term does not include straight-walled cartridges. Bow—In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. The bowstring shall be drawn, held and released as a direct and conscious action of the shooter. Release shall be accomplished by either relaxing the tension of the fingers or triggering the release action of a manually held release aid. Broadhead—A fixed or mechanical tip affixed to the fore end of an arrow or bolt having sharpened cutting edges consisting of metal or naturally occurring stone. Clay bird range—An area where saucer-shaped targets, usually made of baked clay or limestone, are launched and targeted by a shooter using a firearm that discharges multiple projectile ammunition. Closed season—Periods of the calendar year and hours during which it is unlawful to take game or wildlife. Commission—The Game Commission of the Commonwealth. Crossbow—A device consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism, has a mechanical safety and propels an arrow. Crossbow bolt—An arrow propelled by a crossbow. Decoy—For the purpose of section 2308(b)(6) of the act (relating to unlawful devices and methods), an artificial representation or facsimile of a bird or animal used to attract other birds or animals. The term does not include living birds or animals. Deputy Game Commission officer—A deputy wildlife conservation officer. Director—The Executive Director of the Commission. Driving—An act accomplished when one or more persons chase or flush, or attempt to chase or flush, wildlife towards or in the general direction of other persons, or when two or more persons travel in the same general direction to chase or flush, or attempt to chase or flush, wildlife into view. Early small game hunting season—A designated period when the only resident small game which may be hunted and taken are woodchucks, squirrels and grouse. Game Commission officer—A wildlife conservation officer. Handgun range—An area where paper targets are placed on or affixed to a stationary backer and targeted by a shooter using a handgun that discharges single projectile ammunition. Import—To bring or have transported into this Commonwealth. Institutions of higher learning—Colleges and universities accredited by the Department of Education. Meat or animal products—For the purpose of section 2361(a)(13) of the act (relating to unlawful acts concerning taking of furbearers), meat or animal products include artificial representation or facsimiles. Multiple projectile ammunition—Cartridge or shell ammunition that is loaded with shot pellets or multiple loose projectiles designed to spread or scatter upon discharge from a firearm. Muzzleloading firearm—

(i) A firearm designed and manufactured to be loaded with loose ammunition components (projectile and propellant charge) from the muzzle or forward, open end of the firearm’s barrel.

(ii) The term includes full or partial breech-loading rifles and handguns that fire loose ammunition components comparable to a muzzleloading firearm.

(iii) The term does not authorize a firearm that accepts cartridge ammunition that contains both the projectile and propellant charge. Plugged shotgun—For the purpose of section 2308(a)(4) of the act, any shotgun containing a one-piece plug, stop or filler in the magazine to reduce ammunition capacity that is incapable of removal without disassembling the shotgun or magazine. Point—An antler projection at least 1 inch in length from base to tip. The main beam tip shall be counted a point regardless of length. Protected birds—See § 133.2 (relating to protected birds). Protected deer—A deer not defined as an antlered deer or an antlerless deer. Protected mammals—See § 133.1 (relating to protected mammals). Regular firearms deer season—The designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only. Regular small game hunting season—The designated period of time when resident small game species may be hunted and taken. Rifle range—An area where paper targets are placed on or affixed to a stationary backer and targeted by a shooter using a firearm that discharges single projectile ammunition. Shotgun patterning range—An area where paper targets are placed on or affixed to a stationary backer and targeted by a shooter using a firearm that discharges multiple projectile ammunition. Shotgun range—A firearms range designated by the Commission as a clay bird range or shotgun patterning range. Single projectile ammunition—A cartridge or shell ammunition that is loaded with a single projectile designed to remain intact upon discharge from a firearm. Slow, no wake speed—The slowest possible speed of a motorboat required to maintain maneuverability so that the wake or wash created by the motorboat on the surface of the water is minimal. Special firearms deer season—Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season. Straight-walled cartridge—A cartridge having straight or slightly tapered walls down to the projectile. This term does not include bottle-necked cartridges. Sustained yield—As used in section 546(b)(2) of the act (relating to limitation on expenditures for deterrent fencing), continuous and planned forest production through accepted forestry management practices. Venison—For the purpose of section 2312 of the act (relating to buying and selling game), any meat derived from a white-tailed deer.

The provisions of this § 131.2 amended under 34 Pa.C.S. § § 721(a), 2102, 2722(g)(2) and 2901(b).

The provisions of this § 131.2 adopted February 7, 1975, effective February 8, 1975, 5 Pa.B. 249; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5129; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5314; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2971; amended May 27, 2011, effective May 28, 2011, 41 Pa.B. 2687; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5213; amended May 23, 2014, effective May 24, 2014, 44 Pa.B. 3091; amended May 12, 2017, effective May 13, 2017, 47 Pa.B. 2710; amended September 3, 2021, effective September 4, 2021, 51 Pa.B. 5603; amended November 4, 2022, effective November 5, 2022, 52 Pa.B. 6857 and 6858; amended March 24, 2023, effective March 25, 2023, 53 Pa.B. 1668. Immediately preceding text appears at serial pages (411836), (413177) to (413178) and (411839).

This section cited in 58 Pa. Code § 143.243 (relating to general); 58 Pa. Code § 147.121 (relating to definitions); 58 Pa. Code § 147.555 (relating to antlerless deer only); 58 Pa. Code § 147.662 (relating to application); 58 Pa. Code § 147.722 (relating to definitions); and 58 Pa. Code § 147.804 (relating to general).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.3 Enforcement.

In addition to Wildlife Conservation Officers or Deputy Wildlife Conservation Officers, the Director designates and empowers the following persons to enforce the act and this part while acting within the scope of their employment and jurisdiction.

(1) Pennsylvania State Police.

(2) Pennsylvania Waterways Conservation Officers.

(3) Pennsylvania Deputy Waterways Conservation Officers.

(4) Pennsylvania Department of Conservation and Natural Resources personnel with enforcement powers.

(5) Commonwealth, municipality or Federal agency employes with written approval of the Director.

The provisions of this § 131.3 amended under 34 Pa.C.S. § 2102(a).

The provisions of this § 131.3 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended November 16, 2012, effective November 17, 2012, 42 Pa.B. 7106. Immediately preceding text appears at serial pages (363050) and (328383).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.4 Civil liability for wildlife killed.

(a) If a voluntary settlement cannot be reached, the Director or an officer designated by the Director may bring a civil action in the name of the Commission against a person killing or unlawfully in possession of wildlife, or part thereof, and may seek to recover an amount not less than the penalties prescribed in section 2307(e) of the act (relating to unlawful taking or possession of game or wildlife).

(b) A verdict or judgment recovered by the Commission in the action may not be for less than the sum fixed in subsection (a). The action for damages may be joined with an action for possession. Recovery may be for possession as well as damage.

(c) The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other; nor does either affect the right of seizure under other provisions of laws relating to game and wildlife.

(d) Funds recovered under this section shall be placed in the Game Fund.

The provisions of this § 131.4 amended under 34 Pa.C.S. § § 2102(a) and 2307(e).

The provisions of this § 131.4 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791. Immediately preceding text appears at serial pages (267197) to (267198).

License Revocation Proper

The petitioner testified that he read both the Pennsylvania and Federal regulations on a regular basis; therefore, petitioner had four opportunities to read the Federal regulations and thereby realize that the seven duck bonus had been eliminated. Therefore, petitioner’s arguments that the regulations were vague or confusing was rejected and petitioner’s hunting license was properly revoked for one year. Marich Jr. v. Game Commission, 676 A.2d 1325 (Pa. Cmwlth. 1996).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.5 Chemical tests.

(a) The devices, equipment and training required for administering chemical tests, test procedures and accuracy certifications for breath test devices that apply to prosecutions under 75 Pa.C.S. (relating to vehicles) apply to prosecutions under section 2502 of the act (relating to chemical tests to determine amount of alcohol).

(b) The Commission approves the devices, equipment and training required for administering chemical tests, test procedures and accuracy certifications for breath test devices prescribed jointly by the Department of Health and Department of Transportation at 67 Pa. Code Chapter 77 (relating to equipment and training required for administering chemical tests; test procedures and accuracy certification for breath test devices) and prescribed by the Department of Health at 28 Pa. Code § § 5.101—5.104 (relating to equipment to determine blood alcohol content under the Vehicle Code and the Fish and Boat Code) and in other regulations.

The provisions of this § 131.5 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.6 Administration of police powers by wildlife conservation officers.

(a) General.

(1) Section 901(a)(17) of the act (relating to powers and duties of enforcement officers) authorizes wildlife conservation officers, when acting within the scope of their employment, to pursue, apprehend or arrest any individual suspected of violating any provision of 18 Pa.C.S. (relating to Crimes Code) or any other offense classified as a misdemeanor or felony and, in addition, to serve and execute warrants and subpoenas for these offenses.

(2) For the purposes of enforcement of the authority granted by section 901(a)(17) of the act, ‘‘when acting within the scope of their employment’’ means that period of time that a wildlife conservation officer is currently engaged in any activity the officer is employed to perform at the time and places the officer is authorized to perform the activity.

(b) Limitation. A wildlife conservation officer will arrest or take other appropriate enforcement action pursuant to the authority vested by section 901(a)(17) of the act only in one or more of the following circumstances:

(1) The offense occurs in the officer’s presence.

(2) The offense occurs on lands or waters owned, leased or otherwise controlled by the Commission.

(3) The offense arises out of Commission operations.

(4) Another law enforcement agency has reasonably requested the assistance.

The provisions of this § 131.6 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 322 and 901(a)(17).

The provisions of this § 131.6 adopted May 3, 1991, effective July 1, 1991, 21 Pa.B. 2009; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2947; amended May 27, 2016, effective May 28, 2016, 46 Pa.B. 2664. Immediately preceding text appears at serial pages (364464) and (379461).

Scope of Employment

Game Commission officers were acting within the scope of their duty when they encountered the driver in a dump truck parked diagonally across a public highway and observed his colorable conduct, as they were en route on an official call at the time; furthermore, the officers were conscious of the limits of their authority and took care not to overstep those limits, where they did not arrest the driver, but merely detained him during an investigatory stop until the State Police arrived to administer sobriety testing and execute the resulting arrest. Commonwealth v. Schatzel, 724 A.2d 362 (Pa. Super. 1998), appeal denied 1999 Pa. LEXIS 2204 (Pa. July 26, 1999).

Where a wildlife conservation officer acting within the scope of his employment by driving to deposit a deer carcass to the game lands building encountered a vehicle ahead of him which had crossed the center line once by the time the officer reached the entrance to the game lands building, the officer did not possess sufficient information, while acting within the scope of his employment, to arrest the driver for driving under the influence, and the officer’s subsequent observations after following the vehicle past the game lands building were made after the officer ceased acting within the scope of his employment. Commonwealth v. Carlson, 705 A.2d 468 (Pa. Super. 1998).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.7 Use of the field acknowledgment of guilt in Philadelphia County.

The field acknowledgment of guilt may be used by district wildlife conservation officers to accept penalties on guilty pleas for summary violations of the act and its attendant regulations in Philadelphia County for both resident and nonresident offenders.

The provisions of this § 131.7 adopted August 13, 1999, effective August 14, 1999, 29 Pa.B. 4351.

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.8 Replacement costs for wildlife killed.

Under section 925(i) of the act (relating to jurisdiction and penalties), in addition to any fines and costs imposed for violations of the act and this title, any person who unlawfully kills or possesses wildlife may be assessed replacement costs according to the following minimum cost scale:

(1) General class.

(i) Each threatened or endangered bird or mammal, $5,000.

(ii) Each bald eagle, golden eagle, osprey or peregrine falcon, $2,500.

(iii) Each elk or black bear, $1,500.

(iv) Each white-tailed deer, $800.

(v) Each bobcat or otter, $500.

(vi) Each wild turkey or beaver, $300.

(vii) Any other wildlife, $200.

(2) Trophy class.

(i) Each elk with a Boone and Crockett green score of 200 inches or more, $5,000.

(ii) Each white-tailed deer with a Boone and Crockett green score of 115 inches or more, $5,000.

(iii) Each black bear with a field dressed weight of 350 pounds or more, $5,000.

The provisions of this § 131.8 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 925(i) and 2102; amended under the Game and Wildlife Code, 34 Pa.C.S. § § 925 and 2102(a).

The provisions of this § 131.8 adopted June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791; amended June 5, 2009, effective June 6, 2009, 39 Pa.B. 2791; amended November 6, 2015, effective November 7, 2015, 45 Pa.B. 6501; amended March 10, 2017, effective March 11, 2017, 47 Pa.B. 1467; amended October 22, 2021, effective October 23, 2021, 51 Pa.B. 6608. Immediately preceding text appears at serial page (387080).

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.9 Disclosure of certain records.

In accordance with the Right-to-Know Law (65 P.S. § § 67.101—67.3104), public access to the following records, wherever located, will only be made as set forth in paragraphs (1)—(3):

(1) Wind power records. Commission annual reports and Pennsylvania Natural Heritage Program clearance correspondence respecting existing or proposed windpower facilities will be provided upon request, but redacted as necessary. All other records are predeliberative, proprietary or tending to identify the location of threatened or endangered species and will not be disclosed.

(2) Pennsylvania Natural Heritage Program records. Pennsylvania Natural Heritage Program clearance correspondence will be provided upon request, but redacted as necessary. All other records are predeliberative, proprietary or tending to identify the location of threatened or endangered species and will not be disclosed.

(3) License records. All annual accounts of license sales, all fiscal reports of license sales revenues and all summary wildlife harvest report records will be provided upon request. Under the limitations of section 325 of the act (relating to limitation on disclosure of certain records), individual license information or related harvest information will not be disclosed.

(4) Personal identifying information. Any request, the response to which includes personal identifying information will be redacted so as to only provide that information necessary to identify the person to the Commission. Personal identifying information will not be disclosed as predeliberative, proprietary or tending to result in a substantial and demonstrable risk of physical harm to the person or the personal security of an individual and will not be disclosed without due process of law authorizing and ordering the disclosure.

The provisions of this § 131.9 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2722(g).

The provisions of this § 131.9 adopted August 6, 2010, effective August 7, 2010, 40 Pa.B. 4386.

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

58 Pa. Code § 131.10 Pennsylvania Hunting Heritage registration plate fee.

Applicants seeking authorization to request a Pennsylvania Hunting Heritage registration plate issued under 75 Pa.C.S. § 1355.1 (relating to Pennsylvania Hunting Heritage registration plates) will be assessed a fee of $25 in addition to fees collected by the Department of Transportation under 75 Pa.C.S. § 1931(b) (relating to personal and organization registration plates).

The provisions of this § 131.10 issued under the Game and Wildlife Code, 34 Pa.C.S § 2102(a).

The provisions of this § 131.10 adopted January 30, 2015, effective January 31, 2015, 45 Pa.B. 560.

History

• Authority: The provisions of this § 131.
• Source: The provisions of this § 131.

Chapter 137 Wildlife

58 Pa. Code § 137.1 Importation, possession, sale and release of certain wildlife.

(a) Unless otherwise provided in this section or the act, it is unlawful for a person to import, possess, sell, offer for sale or release within this Commonwealth the following wild animals or wild birds or the eggs of the birds or a crossbreed or hybrid of the wild animals or wild birds, which are similar in appearance:

(1) In the family Felidae. Species and subspecies, except species which are commonly called house cats which may be possessed but not released into the wild. Lawfully acquired bobcats—Lynx rufus—may be imported or possessed, or both, by licensed propagators specifically for propagation for fur farming purposes. Importation permits and transfer permits as mentioned in subsections (d) and (e) are not required for bobcats imported for propagation for fur farming purposes. Bobcats imported under this exception and their progeny may not be sold or transferred for wildlife pet purposes or released into the wild.

(2) In the family Canidae. Species and subspecies of the coyote, the red and gray fox and a full-blooded wolf or crossbreed thereof not licensed by the Department of Agriculture. Lawfully acquired coyotes and red or gray foxes may be imported or possessed, or both, by licensed propagators specifically for propagation for fur farming purposes. Coyotes and red and gray foxes imported under this exception and their progeny may not be sold or transferred for wildlife pet purposes or released into the wild. This subsection does not permit the sale for release or the release of the mammals into the wild.

(3) In the family Ursidae. All species of the bears.

(4) In the family Procyonidae. All species of raccoons.

(5) In the family Capromyidae. The nutria.

(6) In the family Mustelidae. All species of the skunks.

(7) The order Primates. All families of nonhuman primates.

(8) An animal, bird or egg of a bird listed by the Commonwealth or the United States Department of the Interior as threatened, endangered or injurious.

(9) The Monk Parakeet, Myiopsitts monachus, sometimes referred to as the Quaker Parakeet or Gray-headed Parakeet.

(10) Game or wildlife taken alive from the wild, except the Commission may import wildlife taken from the wild for enhancement of this Commonwealth’s wild fauna.

(11) Game or wild held captive. Game or wildlife held in captivity or captive bred in another state or nation.

(b) Nothing in this section prevents a Nationally recognized circus from temporarily bringing wildlife into this Commonwealth in connection with presenting circus performances.

(c) Nothing in this section prevents zoological gardens from importing wildlife.

(d) A person wishing to import lawfully acquired wildlife, or parts thereof, shall first obtain an importation permit from the Commission subject to the following:

(1) Importation permits will be issued for a fee of $50 for each transaction.

(2) A person wishing to import wildlife for a menagerie, exotic wildlife possession, exotic wildlife dealer or propagation purposes shall be in possession of a menagerie, exotic wildlife possession, exotic wildlife dealer or propagation permit prior to submitting the application for an import permit. See Chapter 147 (relating to special permits).

(3) An application for an importation permit shall state the name and address of the applicant, name and address of the person supplying the wildlife, the common and scientific name and the number of wildlife to be covered by the permit, the purpose for which the wildlife is being imported, the qualifications of the applicant to use the wildlife for the stated purpose and the location where the wildlife will be housed or retained.

(4) Menagerie permittees who also possess a USDA Class C Exhibitor permit and who operate a menagerie facility as their primary means of making a livelihood, are exempt from the possession prohibition of this section, and may import lawfully acquired wildlife pursuant to an importation permit.

(e) Transfer of wildlife imported under subsection (d), or its progeny, or parts thereof, to a second party by sale, trade, barter or gift may only be done subject to the following:

(1) A permit issued by the Commission is required to transfer by sale, trade, barter or gift, wildlife or its progeny, or a part thereof.

(2) The fee for a transfer permit is $50.

(3) Transfer is limited to persons authorized to lawfully import wildlife.

(f) Live wildlife imported for any reason shall be accompanied by a certificate of veterinary inspection signed by an accredited veterinarian.

The provisions of this § 137.1 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and (c), 2163(a), and 2901(b).

The provisions of this § 137.1 adopted June 8, 1953; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended July 22, 1988, effective upon publication and applies retroactively to July 1, 1988, 18 Pa.B. 3213; amended December 8, 1989, effective December 9, 1989, 19 Pa.B. 5215; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended March 21, 2003, effective March 22, 2003, 33 Pa.B. 1471; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1310; amended June 27, 2008, effective June 28, 2008, 38 Pa.B. 3499; amended January 26, 2010, effective April 3, 2010, 40 Pa.B. 1736. Immediately preceding text appears at serial pages (335303) to (335305).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

58 Pa. Code § 137.2 Release of animals.

(a) Except as otherwise provided, it is unlawful to release captive held or captive raised game or wildlife on any lands, public or private, without first securing a permit from the Commission. Lawfully acquired mallard ducks, ringneck pheasant, bobwhite quail, chukar partridge and Hungarian partridge may be released for dog training or hunting purposes.

(b) It is unlawful to release any animal that is a member of the suidae family into the wild.

(c) A person violating this section is subject to the penalties provided in the act.

The provisions of this § 137.2 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 322(c)(8) and (9), 2101(a) and (c) and 2102(c).

The provisions of this § 137.2 adopted January 9, 1947; amended December 18, 1958; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 1020; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5155; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2948; amended November 16, 2018, effective November 17, 2018, 48 Pa.B. 7212. Immediately preceding text appears at serial page (349001).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

58 Pa. Code § 137.31 Possession of live wildlife.

(a) It is unlawful for a person to possess live wildlife taken from a wild state within this Commonwealth except:

(1) A permit to possess no more than five live foxes may be issued to a person for the sole purpose of collecting fox urine. The permit to possess live fox will expire on the last day of the fox-trapping season. Any foxes held under the authority of this permit shall be euthanized and may be pelted and the pelt may be sold. No fox held under the authority of this permit may be released into the wild.

(2) A person lawfully operating under the authority of a permit issued in accordance with the act is excluded from this section.

(3) Sanitation and housing specifications for foxes held under authority of this permit shall be in accordance with § § 147.283 and 147.285(4)(xvii) (relating to sanitation; and specifications).

(b) A person violating this subchapter will be subject to the penalties provided in section 2307 of the act (relating to unlawful taking or possession of game or wildlife).

The provisions of this § 137.31 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).

The provisions of this § 137.31 adopted August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended November 2, 2001, effective November 3, 2001, 31 Pa.B. 6051. Immediately preceding text appears at serial page (202755).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

58 Pa. Code § 137.33 Feeding of certain wildlife prohibited.

It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding bear or elk, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause bear or elk to congregate or habituate an area. If otherwise lawful feeding is attracting bear or elk, the Commission may provide written notice prohibiting the activity.

The provisions of this § 137.33 issued under the Game and Wildlife Code, 34 Pa.C.S. § 103; and amended under the Game and Wildlife Code, 34 Pa.C.S. § § 103(a) and 2102(a).

The provisions of this § 137.33 adopted March 21, 2003, effective March 22, 2003, 33 Pa.B. 1470; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5154; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2972. Immediately preceeding text appears at serial pages (316094) to (316095).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

58 Pa. Code § 137.34 Wildlife disease and emergency authority of Director.

(a) The Director has emergency authority to take actions to mitigate risk factors and to determine the prevalence and geographic distribution of wildlife diseases, if the Director concludes that the introduction or spread of wildlife diseases poses a threat to human, domestic and wild animal, and environmental health and safety within or adjacent to this Commonwealth.

(1) The Director has emergency authority to:

(i) Institute importation and exportation restrictions to mitigate disease transmission risk factors.

(ii) Define and designate Disease Management Areas (DMA) in this Commonwealth.

(2) The Director has emergency authority within designated DMAs to:

(i) Allow the taking of wildlife without regard to established seasons and bag limits and methods of take.

(ii) Require mandatory disease testing or disposal of wildlife or wildlife parts.

(iii) Prohibit the movement of high-risk wildlife parts.

(iv) Prohibit the rehabilitation of wildlife.

(v) Prohibit the use and possession of wildlife products.

(vi) Prohibit the feeding of wildlife.

(vii) Prohibit the issuance of new permits and allow the suspension or modification of existing permits to possess or transport live wildlife.

(3) Notwithstanding paragraphs (1) and (2), the emergency authority of the Director will not be construed to extend to:

(i) The regulation of captive wildlife held under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.

(ii) The unilateral regulation of wildlife concurrently managed by the Commonwealth and the Federal government.

(b) It is unlawful for a person to violate a provision of an Executive Order issued by the Director under the authority of this section. A person violating this section will, upon conviction, be sentenced to pay the fine prescribed in the act.

The provisions of this § 137.34 issued under 34 Pa.C.S. § § 103(a) and 322(c)(9); and amended under 34 Pa.C.S. § 2102(a).

The provisions of this § 137.34 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6526; amended December 23, 2011, effective December 24, 2011, 41 Pa.B. 6879; amended March 12, 2021, effective March 13, 2021, 51 Pa.B. 1313. Immediately preceding text appears at serial pages (360056) and (389063).

This section cited in 58 Pa. Code § 137.35 (relating to Chronic Wasting Disease restrictions); and 58 Pa. Code § 141.18 (relating to permitted devices).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

58 Pa. Code § 137.35 Chronic Wasting Disease restrictions.

(a) {Reserved}.

(b) {Reserved}.

(b.1) General.

(1) All cervids harvested, taken or killed within any disease management area established within this Commonwealth or imported into this Commonwealth are subject to disease testing. This test may require hunters to present cervids, or cervid parts, for checking and sampling at prescribed locations under conditions in a forthcoming notice. The submission process, if any, will be made known through public announcement, website and other means reasonably intended to reach the widest audience. The cost of testing, sampling and analysis will be borne by the Commission.

(2) It is unlawful to rehabilitate wild, free-ranging cervids within any disease management area established within this Commonwealth.

(3) {Reserved}.

(4) It is unlawful to directly or indirectly feed wild, free-ranging cervids within any part or portion of a disease management area designated by the Executive Director. This prohibition may not be construed to apply to normal or accepted agricultural, habitat management, oil and gas drilling, mining, forest management, or other legitimate commercial or industrial practices. If otherwise lawful feeding is attracting cervids, the Commission may provide written notice prohibiting this activity. Failure to discontinue this activity is a violation of this section.

(5) The Commission will not issue any new permit to possess or transport live cervids within any disease management area established within this Commonwealth.

(6) It is unlawful to transport or move a cervid harvested, taken or killed outside of or anywhere within this Commonwealth from the location of harvest or kill and thereafter place or dispose of any high-risk cervid parts on the landscape anywhere within this Commonwealth. High-risk cervid parts shall be disposed of only through a commercial refuse pickup service or other method approved by the Commission.

(c) Nonapplicability.

(1) Nothing in this section shall be construed to extend to the regulation of captive cervids held under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.

(2) Nothing in this section shall be construed to limit the Commission’s authority to establish or enforce additional importation, exportation, possession, transportation, or testing requirements or restrictions on cervid parts or materials under the authority of § 137.34 (relating to wildlife disease and emergency authority of Director).

(d) Authority to designate. The Executive Director has the authority to designate and publish disease management areas and prohibited feeding areas established within this Commonwealth. The Executive Director will publish this list and any updates in the Pennsylvania Bulletin.

(e) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: CWD—Chronic Wasting Disease—The transmissible spongiform encephalopathy of cervids. Cervid—Any member of the family Cervidae (deer), specifically including, but not limited to, the following species: black-tailed deer; caribou; elk; fallow deer; moose; mule deer; red deer; sika deer; white-tailed deer; and any hybrids thereof. Disease management area—Any geographic area of this Commonwealth influenced by a positive case of CWD and targeted by the Commission for CWD management activities. Feeding—The act of placing any artificial or natural substance for the use or consumption of wild, free-ranging cervids on an annual, seasonal or emergency basis. High-risk parts or materials—Any parts or materials, derived from cervids, which are known to accumulate abnormal prions. This includes any of the following: head (including brain, tonsils, eyes and lymph nodes); spinal cord/backbone (vertebra); spleen; skull plate with attached antlers, if visible brain or spinal cord material is present; cape, if visible brain or spinal cord material is present; upper canine teeth, if root structure or other soft material is present; any object or article containing visible brain or spinal cord material; and brain-tanned hide. Non-high-risk parts or materials—Any parts or materials, derived from cervids, which are not known to accumulate abnormal prions. This includes any of the following: meat, without the backbone; skull plate with attached antlers, if no visible brain or spinal cord material is present; tanned hide or rawhide with no visible brain or spinal cord material present; cape, if no visible brain or spinal cord material is present; upper canine teeth, if no root structure or other soft material is present; and taxidermy mounts, if no visible brain or spinal cord material is present.

(f) Violations. A person violating a requirement or restriction in this section may be prosecuted under section 2102 or 2307 of the act (relating to regulations; and unlawful taking or possession of game or wildlife) and, upon conviction, be sentenced to pay the fine prescribed in the act.

The provisions of this § 137.35 issued and amended under 34 Pa.C.S. § 2102(a).

The provisions of this § 137.35 adopted May 5, 2017, effective May 6, 2017, 47 Pa.B. 2601; amended March 12, 2021, effective March 13, 2021, 51 Pa.B. 1313; amended June 9, 2023, effective June 10, 2023, 53 Pa.B. 3088; amended May 22, 2026, effective May 23, 2026, 56 Pa.B. 3020. Immediately preceding text appears at serial pages (414489) to (414493).

This section cited in 58 Pa. Code § 141.18 (relating to permitted devices).

History

• Authority: The provisions of this § 137.
• Source: The provisions of this § 137.

Chapter 139 Seasons and Bag Limits

58 Pa. Code § 139.1 Scope.

This chapter relates to the hunting and trapping of game and wildlife for the license year.

The provisions of this § 139.1 amended September 1, 1978, effective September 2, 1978, 8 Pa.B. 2455; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4285; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 3, 1988, effective June 4, 1988, 18 Pa.B. 2530. Immediately preceding text appears at serial page (118681).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Daily limit—The maximum number permitted to be taken by one person in 1 day during the open season. Field possession limit—The maximum number of legally taken wildlife of a species which a person may legally possess or transport between the place of taking and the person’s permanent place of residence. Season limits—The maximum number of wildlife which may be taken during a designated open season or license year.

The provisions of this § 139.2 issued under 34 Pa.C.S. § § 322(c)(1) and 2102(a) and (b)(1).

The provisions of this § 139.2 adopted June 3, 1971, effective July 17, 1971, 1 Pa.B. 1542; amended October 9, 1972, effective October 28, 2 Pa.B. 2080; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2366; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2791; corrected August 17, 2001, effective May 13, 2000, 31 Pa.B. 4536; amended August 17, 2001, effective August 18, 2001, Pa.B. 4536; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended June 20, 2003, effecitve June 21, 2003, 33 Pa.B. 2878; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3927; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2971; amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4615. Immediately preceding text appears at serial pages (320707) to (320708).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.3 Authority to alter seasons and bag limits.

(a) Alteration of hunting seasons. If it is determined following review of wildlife surveys and inventory data, that certain wildlife species are available in sufficient number throughout this Commonwealth or in specific areas, or it is determined that inclement weather conditions or other factors resulted in an underharvest of certain species of wildlife, the Director has authority by order to:

(1) Extend hunting or trapping seasons set forth in this chapter.

(2) Designate specific areas where hunting and trapping seasons may be extended.

(3) Increase the bag limits for those species of wildlife listed in this chapter.

(b) Emergency authority of Director. The Director has emergency authority to remove protection on wildlife Statewide, or in a designated area and prohibit its possession alive and order the method of disposal, if he determines the spread of a disease poses a threat to human safety, farm animals, pets and wildlife within or adjacent to this Commonwealth.

(c) Removal of protection on wildlife.

(1) If the Director removes the protection on wildlife in designated areas, except for animals or their parts submitted for laboratory analysis, it is unlawful to:

(i) Remove the wildlife or their carcasses from the areas.

(ii) Possess the wildlife alive.

(2) Nothing in this subsection prevents removal of dried or cured skins of wildlife from the areas where the protection has been removed, if removal poses no threat to other areas of this Commonwealth.

(d) Restrictions. If it is determined due to drought, storm, cold, heat or other uncontrollable circumstances that a specific wildlife population is not at a sufficient level to permit the seasons or bag limits established, the Director may shorten seasons or further restrict bag limits until the conditions improve.

The provisions of this § 139.3 adopted July 1, 1948; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended July 15, 2005, effective July 16, 2005, 35 Pa.B. 3927; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2971. Immediately preceding text appears at serial pages (312309) to (312310).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.4 Seasons and bag limits for the license year.

Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C. § § 703—712) as published in the Federal Register or on the United States Fish and Wildlife Service website, or both, on or about February 28 of each year.

Exceptions:

(a) Hunting hours in § 141.4 (relating to hunting hours).

(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.

(c) Hunting on Sunday not authorized.

Migratory Game Bird—Seasons and bag limits shall be in accordance with Federal regulations.

No open seasons on other wild birds or wild mammals.

1 Includes mentored youth and mentored adults with a valid mentored hunter permit issued under Chapter 147, Subchapter X (relating to Mentored Hunting Program Permit).

2 Only one spring gobbler may be taken during the hunting license year.

3 Only one antlered deer (buck) may be taken during the hunting license year.

4 Includes resident and nonresident license holders who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under 34 Pa.C.S. § 2706 (relating to resident license and fee exemptions).

5 Only one bear may be taken during the hunting license year with the required bear license.

6 Class limited to mentored youth who are 7 years of age and older and mentored adults with a valid mentored hunter permit issued under Chapter 147, Subchapter X.

7 Only one elk may be taken during the hunting license year with the required elk license.

The provisions of this § 139.4 issued and amended under 34 Pa.C.S.

The provisions of this § 139.4 adopted June 3, 1971, effective July 3, 1971, 1 Pa.B. 1473; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1915; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1396; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended October 30, 1987, effective October 31, 1987, 17 Pa.B. 4320; amended June 3, 1988, effective June 4, 1988, 18 Pa.B. 2530; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1842; amended May 25, 1990, effective July 1, 1990, 20 Pa.B. 2752; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended November 27, 1992, effective November 28, 1992, 22 Pa.B. 5685; amended May 28, 1993, effective July 1, 1993, 23 Pa.B. 2565; amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2797; amended May 26, 1995, effective from July 1, 1995, to June 30, 1996, 25 Pa.B. 2072; amended October 27, 1995, effective from December 1995, to June 30, 1996, 25 Pa.B. 4614; amended September 6, 1996, effective July 1, 1996, to June 30, 1997, 26 Pa.B. 4339; amended May 16, 1997, effective May 17, 1997, 27 Pa.B. 2417; amended May 29, 1998, effective May 30, 1998, 28 Pa.B. 2504; amended October 30, 1998, effective October 31, 1998, 28 Pa.B. 5486; amended May 7, 1999, effective May 8, 1999, 29 Pa.B. 2454; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2366; amended June 1, 2001, effective July 1, 2001, to June 30, 2002, 31 Pa.B. 2793; amended July 12, 2002, effective July 13, 2002, and apply retroactively to July 1, 2002, 32 Pa.B. 3392; amended June 20, 2003, effective June 21, 2003, 33 Pa.B. 2872; amended July 16, 2004, effective July 17, 2004, and apply retroactively to July 1, 2004, 34 Pa.B. 3705; amended July 15, 2005, effective from July 1, 2005, to June 30, 2006, 35 Pa.B. 3928; amended June 30, 2006, effective July 1, 2006, 36 Pa.B. 3244; amended June 29, 2007, effective June 30, 2007, 37 Pa.B. 2949; amended June 27, 2008, effective June 28, 2008, 38 Pa.B. 3491; amended June 5, 2009, effective July 1, 2009, 39 Pa.B. 2792; amended June 11, 2010, effective June 12, 2010, 40 Pa.B. 3096; amended September 24, 2010, effective September 25, 2010, and remain in effect until June 30, 2011, 40 Pa.B. 5454; amended May 27, 2011, effective from July 1, 2011, to June 30, 2012, 41 Pa.B. 2688; amended June 22, 2012, effective from July 1, 2012, to June 30, 2013, 42 Pa.B. 3581; amended May 31, 2013, effective July 1, 2013, to June 30, 2014, 43 Pa.B. 2999; amended May 23, 2014, effective July 1, 2014, to June 30, 2015, 44 Pa.B. 3091; amended May 29, 2015, effective July 1, 2015, to June 30, 2016, 45 Pa.B. 2596; amended May 27, 2016, effective July 1, 2016, to June 30, 2017, 46 Pa.B. 2665; amended May 5, 2017, effective July 1, 2017, to June 30, 2018, 47 Pa.B. 2603; amended May 25, 2018, effective July 1, 2018, to June 30, 2019, 48 Pa.B. 3082; amended May 17, 2019, effective July 1, 2019, to June 30, 2020, 49 Pa.B. 2500; amended May 1, 2020, effective July 1, 2020, to June 30, 2021, 50 Pa.B. 2258; amended May 21, 2021, effective July 1, 2021, to June 30, 2022, 51 Pa.B. 2929; amended June 9, 2023, effective July 1, 2023, to June 30, 2024, 53 Pa.B. 3090; amended May 31, 2024, effective July 1, 2024, to June 30, 2025, 54 Pa.B. 3021; amended May 23, 2025, effective July 1, 2025, to June 30, 2026, 55 Pa.B. 3571; amended May 29, 2026, effective July 1, 2026, to June 30, 2027, 56 Pa.B. 3119. Immediately preceding text appears at serial pages (423315) to (423335).

This section cited in 58 Pa. Code § 135.41 (relating to State game lands); 58 Pa. Code § 139.6 (relating to field possession and transportation limits); 58 Pa. Code § 143.42 (relating to antlerless deer license required); 58 Pa. Code § 143.206 (relating to validity of elk licenses); 58 Pa. Code § 147.315 (relating to purpose); 58 Pa. Code § 147.553 (relating to agriculture deer control harvest permit); 58 Pa. Code § 147.664 (relating to permit); 58 Pa. Code § 147.701 (relating to general); and 58 Pa. Code § 147.804 (relating to general).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.5 Regulated hunting grounds.

(a) The period to hunt on regulated hunting areas will be the first Monday in September through the last Saturday in April for both private and commercial areas.

(b) Shooting hours are 1/2 hour before sunrise to sunset.

(c) Seasons for taking unmarked mallard ducks and other waterfowl on regulated hunting grounds will conform with established waterfowl seasons.

(d) This section may be amended to comply with further restrictions or modifications as established by the Director, the Commission or Federal authority fixing hunting hours and seasons.

The provisions of this § 139.5 amended under 34 Pa.C.S. § § 101—2965.

The provisions of this § 139.5 adopted June 3, 1971, effective July 3, 1971, 1 Pa.B. 1473; amended April 23, 1976, effective April 24, 1976, 6 Pa.B. 959; amended July 10, 1981, effective July 11, 1981, 11 Pa.B. 2492; amended June 17, 1983, effective June 18, 1983, 13 Pa.B. 1941; amended July 5, 1985, effective July 6, 1985, 15 Pa.B. 2462; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 3, 1988, effective June 4, 1988, 18 Pa.B. 2530; amended May 25, 1990, effective July 1, 1990, 20 Pa.B. 2752; amended February 17, 1995, effective February 18, 1995, 25 Pa.B. 613; amended May 29, 2026, effective May 30, 2026, 56 Pa.B. 3126. Immediately preceding text appears at serial page (423335).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.6 Field possession and transportation limits.

(a) Opening day of season. It is unlawful for a person to possess or transport game or wildlife in excess of the daily limit as set forth in § 139.4 (relating to seasons and bag limits for the license year).

(b) Second day of season. On the second day of the season, it is unlawful for a person to possess or transport game or wildlife, at or between the place where taken and his place of permanent residence, in excess of twice the daily limit, or the season limit, whichever applies, as set forth in § 139.4.

(c) Following the second day of season. After second day of the season, it is unlawful for a person to possess or transport game or wildlife, at or between the place where taken and his place of permanent residence, in excess of triple the daily limit, or the season limit, whichever applies, as set forth in § 139.4.

The provisions of this § 139.6 amended under 34 Pa.C.S. § § 101—2965.

The provisions of this § 139.6 adopted July 9, 1976, effective September 1, 1976, 6 Pa.B. 1633; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4285; amended July 11, 1986, effective July 12, 1986, 16 Pa.B. 2527; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended June 3, 1988, effective June 4, 1988, 18 Pa.B. 2530; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1842; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2609. Immediately preceding text appears at serial page (381015).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.17 Wildlife management units.

(a) The divisional line between two or more wildlife management units shall be the center of the highway, natural water course or other natural boundary.

(b) The outline map of Pennsylvania sets forth wildlife management units.

New WMU 2C—From the West Virginia/PA state line, US Route 119 north to Toll Road Route 66 near New Stanton. Toll Road Route 66 north to US Route 22 near Delmont. US Route 22 east to I-99 near Hollidaysburg. I-99 south to US Route 220 near Bedford. US Route 220 south to the Maryland/PA state line.

New WMU 2E—From near DuBois, I-80 east to PA Route 53 near Kylertown. PA Route 53 south to US Route 22 near Cresson. US Route 22 west to US Route 119 near Blairsville. US Route 119 north to US Route 219 near DuBois. US Route 219 north to I-80 near DuBois.

The provisions of this § 139.17 issued under 34 Pa.C.S. § § 322(c)(1) and (4) and 2102(a); amended under 34 Pa.C.S. § § 322(c)(4) and (6) and 2102(a).

The provisions of this § 139.17 adopted June 20, 2003, effective June 21, 2003, 33 Pa.B. 2878; corrected December 5, 2008, effective June 28, 2008, 38 Pa.B. 6615; amended May 31, 2013, effective June 1, 2013, 43 Pa.B. 3006; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2603; amended May 27, 2016, effective May 28, 2016, 46 Pa.B. 2671; amended May 12, 2017, effective May 13, 2017, 47 Pa.B. 2717; amended June 9, 2023, effective June 10, 2023, 53 Pa.B. 3100. Immediately preceding text appears at serial pages (404723) to (404725).

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

58 Pa. Code § 139.18 Elk management area and hunt zones.

(a) The elk management area is broad geographical range used for management of the Commonwealth’s elk population.

(b) Elk hunt zones are those individual and distinct areas within the elk management area in which elk may be hunted according to annual elk allocations.

(c) The division line between two or more hunt zones shall be the center of the highway, road, natural water course or other natural boundary.

(d) The outline map of the elk management area sets forth the elk hunt zones.

The provisions of this § 139.18 added under 34 Pa.C.S. § § 2102(a) and 2722(g).

The provisions of this § 139.18 adopted May 21, 2021, effective May 22, 2021, 51 Pa.B. 2937.

History

• Authority: The provisions of this § 139.
• Source: The provisions of this § 139.

Part IV Horse Racing Commission

Chapter 161 General Provisions

58 Pa. Code § 161.1 General powers of the Commission.

(a) Under the act the Commission will have the power to supervise generally thoroughbred horse race meetings in the Commonwealth at which parimutuel betting is conducted. The Commission is invested with the power to enact appropriate rules and regulations necessary to effectuate the purposes and provisions of the act and to prevent circumvention or evasion thereof.

(b) The rules of racing as set forth in this part and amendments or additions thereto shall apply to corporations holding or conducting a meeting within this Commonwealth licensed by the Commission where thoroughbred racing for purposes of parimutuel wagering is conducted.

(c) The rules shall also apply to a participant in or patron of a licensed meeting and each shall be charged with notice of and be conclusively bound by the provisions hereof. The Commission may so amend or repeal these rules, in whole or in part. Licensees, participants and patrons shall be similarly charged and bound by modifications. Copies of the changes are available at the Commission office, at tracks or at the executive offices of the Commission in Harrisburg, Pennsylvania and will generally be published in the Pennsylvania Bulletin.

(d) Every license to hold a meeting is granted upon the condition that the licensee shall accept, observe and enforce the rules of the Commission. Furthermore, it shall be the duty of each officer, director and every official and employe of the licensee to observe and enforce the rules. Licensees are charged with the responsibility of reporting apparent violations of these rules to the Commission and of cooperating in an investigation into the same.

(e) The Commission may rescind or modify a penalty or decision on infraction of the rules imposed or made by the racing officials and may institute investigative or adjudicative proceedings on its own motion.

(f) The executive offices of the Commission are located at Room 304, Agriculture Building, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408, telephone (717) 787-1942. In addition, Commission representatives will be on duty at each track during the conduct of sanctioned race meetings.

Forfeiture of Purse Money

The power of the Commission, under subsection (e) to rescind or modify any penalty or decision imposed or made by the racing officials does not supercede the more specific provisions of 58 Pa. Code § 163.303(c), which requires forfeiture of purse money under certain circumstances. Bush v. State Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

Notice of Rules

Every licensee is charged with notice of, and is conclusively bound by, the rules and regulations of the Horse Racing Commission. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 161.
• Source: The provisions of this § 161.

58 Pa. Code § 161.2 Scope.

(a) The rules, regulations and conditions under which horse racing shall be conducted in this Commonwealth are prescribed by the racing law and by the Commission.

(b) Owners and trainers of horses and their stable employes shall be subject to the laws of the Commonwealth, and the rules promulgated by the Commission immediately upon acceptance and occupancy of stabling accommodations from or approved by an association or upon making entry to run on its track.

(c) Every person participating in and every patron of a licensed racing meeting shall abide by the laws and rules of the Commission, and accept the Stewards’ decisions on questions to which their authority extends, subject to the right to appeal to the Commission.

History

• Authority: The provisions of this § 161.
• Source: The provisions of this § 161.

58 Pa. Code § 161.3 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402). Age—Beginning on the first day of January in the year in which the horse is foaled. Arrears—Includes moneys due for entrance forfeits, fees (including jockey’s fees), forfeitures, subscriptions, stake, purchase money in claiming races and also a default in money incident to the rules. Arrest—Refers to a criminal matter in which the applicant has been indicted, booked or otherwise charged and which is pending final disposition. A matter on which a final judgment or order has been entered should be reported under ‘‘conviction.’’ (Reference should be made to the term ‘‘conviction’’ as set forth in this section). Association—A person, associations or corporation licensed by the Commission to conduct a race meeting under the act. Authorized agent—A person appointed by a written instrument, signed and acknowledged before a notary public and filed in accordance with the rules, who is thereupon entitled to represent a licensed owner-principal. Authorization will be deemed unrestricted unless otherwise prepared in strict compliance with the provisions of this subpart. Breeder—The owner of the horse’s dam at the time of foaling. Breeding place—The place where a horse is foaled. Calendar day—A 24-hour period commencing at 12:01 a.m., and ending at 12 a.m. Commission—The Pennsylvania State Horse Racing Commission. Conviction—A final judgment of guilt or criminal culpability in either juvenile or adult proceeding, whether arising from verdict, judgment or order of a Court or from a plea of guilty, of no contest or nolo contendere or other form of final disposition. Conviction does not include accelerated rehabilitative disposition adjudications (A.R.D.’s) or other similar forms of preindictment release where a final record of guilt or conviction will not follow. Corrupt practice—Includes the commission, the attempt to commit or the solicitation, inducing or attempt to induce a violation of a rule of racing or civil or criminal statute pertinent or relevant to racing by a person whether acting alone or in concert. Declaration—The act of withdrawing an entered horse from a race before the closing of overnight entries. Entry—According to the requirement of the text:

(i) A horse made eligible to run in a race.

(ii) Two or more horses which are entered and run in a race which are owned by the same owner or trained by the same trainer. Equipment—As applied to a horse, shall mean whips, blinkers, tongue straps, muzzles, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots and plates. Forfeit—oney due to a party because of an error, fault, neglect of duty, breach of contract or a penalty ordered by the Stewards or the Commission. Foul—The term includes an infraction of the rules of racing involving physical conduct occurring during the actual running and course of a race. Horse—A thoroughbred registered with the New York Jockey’s Club and includes a 2 year old, filly, mare, colt, horse, gelding or ridgling. Jockey—A race rider currently licensed, or permitted to ride, or both. Licensee—A person or entity holding a form of license from the Commission who is exercising the powers, privileges or prerogatives of a licensee or who is acting in a manner as to apparently indicate they are entitled to hold or who should hold a license. Maiden—A horse which at the time of starting has never won a race on the flat at a recognized meeting in any country. A maiden which has been finally disqualified after finishing first is thereafter still to be considered a maiden. Meeting—The entire consecutive period for which the approval to race has been granted to an association by the Commission or other period as may from time to time be established by general order of the Commission. Minor—A person under the age of 18 years. Month—A calendar month. Nominator—A person in whose name a horse is entered for a race. Owner—Includes the sole owner, a part owner, a holder of any beneficial or equitable interest present or reversionary or expectant or, the lessee of a horse. An interest only in the winnings of a horse does not constitute part ownership. Place—First, second or third in the order of finish of a race and are referred to, respectively, as ‘‘win,’’ ‘‘place’’ and ‘‘show.’’ Post—That place on the course from which a race is designated to start. Post position—The position assigned to a horse at the starting line of the race. Post time—The time set for the arrival at the starting point of the horses in a race. It shall be posted a reasonable time prior to the race on a clock device, provided for that purpose, prominently displayed before and clearly visible from the grandstand. The post time of each race shall be set by the parimutuel department manager and shall not be changed after being posted without permission of the Stewards. Protest—A formal complaint filed after a race with the Stewards in accordance with the rules, protesting the right of any horse to a place, purse, award or entitlement in a race or protesting or excepting to a decision relating to eligibility, participation or placing of a horse in a race. Race—A contest between horses for purse, stakes or reward on a licensed course and in the presence of authorized Stewards.

(i) Purse races—Those in which the participating owners do not contribute to a prize for the race.

(ii) Claiming race—A race in which a horse entered may be claimed in conformity with the within rules.

(iii) Handicap—A race in which the weights to be carried by the entered horses are adjusted by a handicapper or the Racing Secretary or a board of handicappers for the purpose of equalizing their respective chances of winning.

(iv) Free handicap or overnight handicap—A handicap in which no liability for entrance money is incurred.

(v) Highweight handicap—A handicap in which the weight assigned to the top horse in that handicap is not less than 140 pounds.

(vi) Match race—A private sweepstakes between two horses which are the property of two different owners. If prior to the running of the race either of the horses entered in the match dies, or if either owner dies the match is void. It remains a match even if money or another award is added to the stakes.

(vii) Optional claiming race—A race restricted to horses who have started previously for a designated claiming price or less, whose owner or trainer may, at his discretion, enter the horse to be claimed. In the case of horses entered to be claimed in a race, the race will be considered for the purposes of these rules, a claiming race.

(viii) Overnight race—Race for which entries close 72 hours or less, exclusive of Sundays, before the time set for the first race of the day on which the race is to be run.

(ix) Purse race—A race for money or another prize to which the owners of the horses engaged do not contribute.

(x) Stake race or sweepstakes—A race to which nominators of the engaged entries contribute to a purse; to which money, or another award, may be added. No overnight race, regardless of its condition, shall be deemed a stake race.

(xi) Walkover—Results when one and only one of the owners who has nominated for a race qualifies a horse to start. When only one horse or interest has qualified to start in a race, that horse shall be ridden past the Judge’s Stand and go to the post and shall then be deemed the winner. It shall receive entrance fees, forfeit, but no portion of a purse, stake, or added money or another prize. Race day—A day during which racing is authorized and conducted. Recognized meeting, authorized meeting or race meeting—Includes the entire period of time designated by the Commission for the conduct of parimutuel racing activities by a licensed association. Meetings of a given association or of several associations may be split or joined as shall be determined and authorized by the Commission. Rules—The rules and regulations adopted by the Commission as are in effect at a given time together with additions and modifications thereto. Scratch—The act of applying for withdrawal of an entered horse after the closing of entries. Scratch time—The time set by the association for the closing of applications for permission to withdraw from races of that day. Starter—A horse is a starter for a race when it is in the gate and when the starter dispatches the field, the gate in front of it opens. Stewards—The Stewards of the meeting or their appointed deputies acting at a given time. Subscription—The act of nomination or entry of a horse to a stakes race. Untried horse—One whose produce are maidens. Weight for age—Standard weight according to the scale set forth in the within rules, regardless of penalties or allowances. Year—A calendar year.

The provisions of this § 161.3 amended under sections 202 and 218 of the Race Horse Industry Reform Act (4 P. S. § § 325.202 and 325.218).

The provisions of this § 161.3 amended December 29, 1978, effective December 30, 1978, 8 Pa.B. 3824; amended March 20, 1987, effective March 21, 1987, 17 Pa.B. 1217. Immediately preceding text appears at serial pages (104989) to (104993).

It was a violation of due process for the Commission to disqualify a horse and order the purse refunded without providing the petitioner with notice and opportunity for a reconsideration hearing. Goldstein v. State Horse Racing Commission, 557 A.2d 1183 (Pa. Cmwlth. 1989).

History

• Authority: The provisions of this § 161.
• Source: The provisions of this § 161.

Chapter 163 Rules of Racing

58 Pa. Code § 163.1 Discharge or resignation of employes.

When an owner or trainer discharges a groom or other attendant, or when a groom or other attendant voluntarily leaves the employ of an owner or trainer, the owner or trainer shall notify the track police of a discharge of or resignation by an employe. Failure to notify the track police may subject the owner or trainer to a fine or suspension, or both.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.2 Improper language.

A person may not use improper, profane or indecent language to a racing official.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.3 Disturbing the peace.

A person may not disturb the peace or make himself obnoxious on the grounds of an association.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.4 Use of handbooks.

(a) A person may not make a handbook on the grounds of an association.

(b) A person may not solicit for or bet from a handbook on the grounds of an association.

(c) A person may not make a bet with a handbook on the grounds of an association.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.5 Conduct.

A person on his own behalf or in concert with another person may not expend less than his best effort to win a race in which he participates or give an instruction or undertake course of conduct for other than the purpose of winning.

The provisions of this § 163.5 adopted February 4, 1977, effective February 5, 1977, 7 Pa.B. 390.

Sufficiency of Evidence

Testimony that a videotape of the race in question demonstrated that the licensee performed several acts that were intended to cause, and resulted in, the horse’s last-place finish was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.6 Reporting and penalties for violation of rules.

(a) A person licensed by the Commission or properly brought before it as a witness in an investigative, adjudicative or rulemaking hearing who is in possession of information regarding attempts or acts done in violation of this chapter or statute affecting racing, shall promptly report the knowledge or information to the stewards, the Commission or its licensed security personnel. Failure to report may result in the imposition of disciplinary actions that the stewards or the Commission deems appropriate.

(b) Violators of this chapter will be subject to ejection from the grounds and to fine, suspension or ruling off.

(c) The stewards may fine, suspend or rule off a person who, in their opinion, has acted to the detriment of racing or violated the rules.

(d) The Commission may refuse to issue or renew a license or may suspend or revoke a license issued if it finds that the applicant, or a person who is a partner, agent, employe or associate of the applicant has done any of the following:

(1) Has been convicted of a crime in a jurisdiction.

(2) Is under an order of suspension or revocation, has been denied a license or has been ruled off by any racing commission or board of stewards.

(3) Is associating with a person who has been convicted of a crime in any jurisdiction.

(4) Has consorted with bookmakers, touts or persons of similar pursuits, or has engaged in similar pursuits.

(5) Is financially irresponsible.

(6) Has been guilty of or attempted fraud or misrepresentation in connection with racing, breeding or otherwise.

(7) Has violated or attempted to violate a law with respect to racing in any jurisdiction or a rule, regulation or order of the Commission.

(8) Has violated a rule of racing adopted by the Commission.

(9) Has engaged in similar practices as set forth in this subsection.

The provisions of this § 163.6 adopted February 4, 1977, effective February 5, 1977, 7 Pa.B. 390.

Sufficiency of Evidence

Section 163.6(d), unlike § 165.96(a) does not require that a licensee have knowledge that he is associating with an individual who has been convicted of a crime. Luzzi v. State Horse Racing Commission, 548 A.2d 659, 669 (Pa. Cmwlth. 1988).

Evidence that the licensee told investigators that he was approached by others to take money as part of a race-fixing scheme was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.7 Wagering misconduct.

A licensee or employe of a racing association or its concessionaires may not knowingly, by false representation, attempt to cause another person to wager on a horse in a race to be run nor may he demand compensation as a reward for a racing prediction provided to a person or entity for wagering purposes. This does not apply to the vending of newspapers or to other publications approved by the Commission.

The provisions of this § 163.7 adopted December 23, 1977, effective December 24, 1977, 7 Pa.B. 3928.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.8 Liquor and drugs.

A licensee or employe of an association or their concessionaires may not:

(1) Be under the influence of intoxicating liquor or drug, or both, while within the enclosure of an association.

(2) Be in possession of, transfer or deal in an unlawful or dangerous drug within the terms of the criminal and drug control statutes of this Commonwealth.

The provisions of this § 163.8 amended through February 3, 1978, effective February 4, 1978, 8 Pa.B. 294.

The rules of racing prohibit a licensee from being under the influence of alcohol or drugs while on the grounds of a racetrack and being in the possession of any unlawful drug. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

This section is not a criminal statute and reference to ‘‘terms and meanings of the criminal and drug statutes’’ is reference to ‘‘unlawful or dangerous drug’’ and not to possession. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1989).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.9 Possession of firearms.

A licensee, employe of the association or its concessionaires may not possess a firearm within the enclosure unless he has obtained a valid permit for the firearm from the appropriate police authority and unless the firearm is registered in writing with the Commission security office at the track and the director of security of the association.

The provisions of this § 163.9 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3929.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.10 Gratuities to starters.

A person may not offer to a starter, assistant starter or other racing official nor may a starter, assistant starter or other racing official take compensation, in connection with the running of a race other than for their stated salary.

The provisions of this § 163.10 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3127.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.11 Financial responsibilities.

When a licensed owner or trainer or their licensed employes, or other persons licensed to engage in racing, suffer a final judgment rendered against him in a court within the United States, which judgment is based wholly on an indebtedness incurred by the person for supplies, equipment or services furnished in connection with horse racing, the stewards, Commission or both, shall issue an order to the licensee advising the licensee that a hearing will be scheduled at which time the licensee should show cause as to why his license should not be suspended until the Commission or stewards is furnished proof that the judgment has been satisfied.

The provisions of this § 163.11 amended November 7, 1980, effective November 13, 1980, 10 Pa.B. 4299. Immediately preceding text appears at serial page (51622).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.12 Issuance or passing of bad checks.

A person may not issue a check in payment for a license fee, fine, nomination or entry fee or other fees, or for services or supplies when the person knows or should reasonably know that the check will be refused for payment by the bank upon which it is written, or that the account upon which it is written does not contain sufficient funds for payment of the check, or that the check is written on a closed account or a nonexistent account.

The provisions of this § 163.12 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3128.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.13 Misuse of license.

A person may not exercise or attempt to exercise the rights of a license until the appropriate licensing form has been executed and filed with the Commission. The Commission will exercise the power to regulate the conduct of persons holding licenses or who are participating in racing by the use of rights of a licensee.

The provisions of this § 163.13 adopted November 24, 1978, effective November 25, 1978, 8 Pa.B. 3342.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.31 Maintenance of grounds and facilities.

(a) An association shall maintain its grounds and facilities to be clean and in good repair, with special consideration for the comfort and safety of patrons, employes and other persons whose business requires their attendance; and with special consideration for the health and safety of horses stabled, exercising or entered to race, and shall have available adequate implements to maintain a uniform track, weather conditions permitting.

(b) An association shall be responsible for providing and maintaining fire-resistant barns and stalls in good repair, and in a sanitary condition. Each barn and stall shall be numbered for identification. Adequate drainage, sufficiently manned fire-fighting equipment and manure removal of the stable area shall be provided and maintained.

(c) An association shall provide and maintain adequate living quarters and conveniently located sanitary facilities such as showers, toilets and wash basins for stable employes.

(d) An association shall surround its grounds with a fence adequate to secure the grounds and exclude unauthorized persons from stable areas.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.32 Ambulances.

An association shall provide and maintain at least one man-ambulance and at least one horse-ambulance during times horses are permitted to exercise or race. The ambulance shall be equipped, manned, ready for immediate duty and be located at an entrance to the racing strip.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.33 First-aid facilities.

An association shall equip and maintain adequate first-aid facilities with not less than two beds and attendance of a competent physician and registered nurse during race hours.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.34 Communication system.

An association shall install and maintain in good service a communication system between the stewards’ stand and pari-mutuel department, starting gate and clerk of the scales.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.35 Telephone and telegraph.

(a) A telephone, telegraph, teletype, semaphore, signal device, radio, television or other method of electrical, mechanical, manual or visual communication may not be installed or employed within the enclosure of a licensee, until approved by the Commission.

(1) Telephones at the track or on the grounds of the association conducting the meeting shall be connected to a central switchboard. The telephones shall be closed to the public 1 hour prior to the first race of the day. A call is not allowed to be made or received after the telephones are closed until after the last race has been finished, except by the officials of the Commission, by authorized officials of the association or accredited members of the press.

(2) Telegraph wires at the track or on the grounds of the association conducting the meeting shall be closed 1 hour prior to the first race of the day. Wires are not allowed to be sent or received after the telegraph wires are closed until after the last race has been finished except by the officials of the Commission, by authorized officials of the association or accredited members of the press.

(3) Pay station telephones at the tracks or on the grounds of the association conducting the meeting shall be locked by track security 1 hour prior to the first race of the day and remained locked until after the last race has been finished.

(4) The association is responsible to see that unauthorized persons do not use their telephones during the periods mentioned in paragraphs (1)—(3).

(b) An association licensed by the Commission may not knowingly transmit or allow to be transmitted by telephone, telegraph, teletype, semaphore, signal device, radio, television or other method of electrical, mechanical, manual or visual communication from the enclosure of its track, the result of a race until at least 30 minutes after the race is declared official, with the exception of the final race of the program. Associations licensed by this Commission may allow radio or television broadcasts of racing programs upon approval of the Commission.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.51 Persons required to be licensed.

(a) The following are required to be licensed by the Commission before engaging in an activity related to a race meeting licensed by the Commission. The annual license fees and expiration dates are set forth after each occupation:

(1) Owner—$25—June 30.

(2) Trainer—$15—June 30.

(3) Jockey—$10—December 31.

(4) Apprentice Jockey—$10—December 31.

(5) Assistant Trainer—$10—June 30.

(6) Jockey Agent—$10—December 31.

(7) Authorized Agent—$10—June 30.

(8) Official—$10—December 31.

(9) Veterinarian—$15—December 31.

(10) Farrier—$15—December 31.

(11) Pari-mutuel Employe—$5—December 31.

(12) Stable Employe—$5—December 31.

(13) Vendor—$15—December 31.

(14) Vendor Employe—$5—December 31.

(15) Track Employe—$5—December 31.

(16) Partnership—$10—June 30.

(17) Stable Name—$50—June 30.

(18) Duplicate—$2.

(b) In addition to the individuals listed in subsection (a), Commissioners and Commission employes, agents and representatives are required to be licensed; but there will be no fee charged for the licensure. Licenses issued to Commission employes will be sequentially numbered and will bear the complete name, photograph and job classification of the licensee. Licenses issued under this subsection will be effective for 1 year unless rescinded or revoked. The term, ‘‘Commission employe,’’ as used in this subsection, means a person who receives wages or salaries from the Commission.

(c) All 1984 licenses which are indicated in subsection (a) as expiring on June 30 will be issued for the 6-month period of January 1 to June 30, 1984, at 1/2 the listed fee. Other licenses will be effective for a period of 1 year, unless revoked.

(d) Licenses will be issued, at the discretion of the Commission’s director of licensing, subject to review by the Commission. In exercising this discretion, the director will consider § 163.56 (relating to requirements).

(e) Prospective licensees shall file an application on Commission forms, agree to be fingerprinted as may be required by the Commission and agree to full disclosure and investigation of criminal and employment records. The filing of an application for licensure shall constitute permission to take the applicant’s fingerprints, to investigate criminal and employment records, to engage in interviews to determine applicant’s character and qualifications and to verify the applicant’s statements. The criminal history and confidential information concerning Commission employes will be maintained separately in secured files by the director of licensing.

(f) Stable name licenses will be issued on a one-time basis, with no need for annual renewal.

The provisions of this § 163.51 amended September 30, 1983, effective October 1, 1983, 13 Pa.B. 2988. Immediately preceding text appears at serial page (68710).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions); 58 Pa. Code § 165.31 (relating to occupational and participation licenses); 58 Pa. Code § 171.41 (relating to facility requirements); and 58 Pa. Code § 171.45 (relating to wagering requirements).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.52 Farrier’s license.

(a) The issuance of a farrier’s license shall be dependent upon the ability of the applicant to satisfactorily complete an examination of his capabilities. The examination of the applicant shall be conducted by an organization or entity appointed by the Commission. In order to complete the examination, the applicant shall attain a satisfactory score. That score shall be determined by the organization giving the examination and approved by the Commission.

(b) Persons holding a farrier’s license in this Commonwealth on March 27, 1982 are exempt from the examination requirements of subsection (a). If a license is terminated by action of the Commission or by failure to renew, the examination shall be required for reissuance, unless excused by action of the Commission.

(c) If an applicant fails to satisfactorily complete the farrier’s examination, the applicant may apply for retesting no earlier than 14 days after the initial failure and no earlier than 90 days after each subsequent failure.

The provisions of this § 163.52 amended March 26, 1982, effective March 27, 1982, 12 Pa.B. 1048. Immediately preceding text appears at serial page (51626).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions); and 58 Pa. Code § 165.31 (relating to occupational and participation licenses).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.53 Application on behalf of owner.

A licensed trainer may apply for a license on behalf of the owner he represents by signing the application for the owner’s license as if he had the power of attorney from the owner, for example, John Doe, owner per Richard Poe, trainer (signature of applicant).

The provisions of this § 163.53 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 610.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions); and 58 Pa. Code § 165.31 (relating to occupational and participation licenses).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.54 Pony and exercise persons.

An applicant for licensure as a pony person or exercise person who is not registered as an employe of an existing licensee may apply for a license if the applicant is approved by the stewards and registered on a separate badge list to be maintained by track security. A current copy shall be filed with the Commission. The person is required to secure confirmation of opportunity to exercise his licensed rights as a condition of both consideration for grant and continuation of a license.

The provisions of this § 163.54 adopted October 19, 1979, effective October 20, 1979, 9 Pa.B. 3523.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions); and 58 Pa. Code § 165.31 (relating to occupational and participation licenses).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.54a Application for trainer’s test.

(a) A person who wishes to take a trainer’s test or assistant trainer’s test shall apply in writing from the board of stewards at the race track where he wishes to take the examination. The board of stewards will make a preliminary examination to insure that the applicant has or will have available horses to train and has a knowledge of the training and care of horses. Upon determination by the stewards that the applicant meets the requirements, the applicant shall be eligible to take the trainer’s or assistant trainer’s examination.

(b) The trainer’s test or assistant trainer’s test will consist of the following two parts:

(1) The first half of the test will be a practical examination known as the barn test. This test shall be supervised by the Commission steward or his designated representative, and given by a committee of trainers appointed by the Horsemens Benevolent Protective Association and approved by the Commission. Two or more trainers shall be present throughout the test. Upon completion the test shall be filed with the Commission steward.

(2) The other half of the test will be a written examination which will be scheduled and administered by the Commission executive staff.

(c) The applicant shall satisfactorily pass each test by a 75% score. An applicant who fails to pass either examination may apply for retesting no earlier than 14 days after the initial failure and no earlier than 90 days after each subsequent failure.

The provisions of this § 163.54a adopted January 22, 1982, effective January 23, 1982, 12 Pa.B. 394.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.55 Fees.

License fees shall be paid to the Commission and by it paid into the State Treasury through the Department of Revenue and credited to the State Horse Racing Fund. Licenses unless revoked for cause, shall be for the period ending December 31st of the year in which the license was issued. The application shall be in form and contain the information the Commission requires.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.56 Requirements.

If the Commission finds that the experience, character and general fitness of the applicant are such that the participation of the person in thoroughbred horse race meets will be consistent with the public interest and with the best interests of racing generally in conformity with the purpose of the act, the Commission may grant a license. The Commission may refuse to issue a license under this section, if it finds the applicant:

(1) Has been convicted of a crime involving moral turpitude.

(2) Has engaged in bookmaking or another form of illegal gambling.

(3) Has been found guilty of fraud or misrepresentation in connection with racing or breeding.

(4) Has been found guilty of a violation or attempt to violate a law, rule or regulation of racing in a jurisdiction, for which suspension from racing might be imposed in the jurisdiction.

(5) Has violated rules, regulations or order of the Commission.

(6) Is not financially responsible.

The provisions of this § 163.56 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

This section cited in 58 Pa. Code § 163.51 (relating to persons required to be licensed); 58 Pa. Code § 163.251 (relating to general provisions); and 58 Pa. Code § 171.41 (relating to facility requirements).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.57 Suspension or revocation of license.

The Commission may suspend or revoke a license, or the stewards may suspend a license issued under this section, if it determines that:

(1) The applicant or licensee:

(i) Has been convicted of a crime involving moral turpitude.

(ii) Has engaged in bookmaking or another form of illegal gambling.

(iii) Has been found guilty of fraud in connection with racing or breeding.

(iv) Has been guilty of a violation or attempt to violate a law, rule or regulation of a racing jurisdiction for which suspension from racing might be imposed in the jurisdiction.

(v) Has violated a rule, regulation or order of the Commission.

The provisions of this § 163.57 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

The defense of entrapment is available in proceedings before administrative agencies as well as in judicial proceedings, where a jockey’s license revocation was based on his dealings with another jockey who was being motivated and manipulated by the investigating officers so as to persuade or induce, the revocation must be reversed. Smith v. Horse Racing Commission, 501 A.2d 303 (Pa. Cmwlth. 1985); remand 535 A.2d 596 (Pa. 1988).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.58 Exclusion.

Exclusion may occur if the experience, character or general fitness of an applicant or licensee is such that the participation of the person in thoroughbred horse racing or related activities would be inconsistent with the public interest or with the best interests of racing generally.

The defense of entrapment was not available to a jockey who accepted $500 to fix a future race; however, the entrapment defense may sometimes be available in administrative proceedings. Smith v. Horse Racing Commission, 501 A.2d 303 (Pa. Cmwlth. 1985); remand 535 A.2d 596, 599 (Pa. 1988).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.59 Authorization.

Applicants for any form of license or registration issuance receipt or renewal shall be required to complete the authorization for release of confidential or background information as may be required by the Commission. Refusal to complete the authorization shall be an automatic bar to license or registration issuance or renewal.

The provisions of this § 163.59 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 610.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.60 Spouse disqualification of horses.

Disqualification of one spouse applies to the other only if it can be demonstrated that the horses owned or controlled by the disqualified spouse are also under the ownership or control of the spouse who has not been disqualified.

The provisions of this § 163.60 issued under the Race Horse Industry Reform Act (4 P. S. § § 325.101—325.401).

The provisions of this § 163.60 adopted April 9, 1982, effective April 10, 1982, 12 Pa.B. 1177.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.75 Equipment changes.

(a) Permission for changes of equipment from that which a horse carried in his last race shall be obtained only from the stewards and shall be obtained before scratch time on the day when the horse is to run with changed equipment.

(b) Permission for a horse to add blinkers to his equipment or to discontinue the use of them shall be approved by the starter before being granted by the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.91 Entry.

A horse is not qualified to start in a race unless he has been properly entered. Overnight entries shall be made and completed 48 hours prior to the morning of the applicable race program.

The provisions of this § 163.91 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 610.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.92 Licensure.

A horse is not qualified to start in a race unless its owner, trainer, jockey and the like have been licensed by the Commission, and evidence of compensation insurance, carried by owners and trainers properly filed.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.93 Racing Secretary.

The racing secretary shall be the person authorized to receive entries and declarations for the races.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.94 Entry applications.

Entries shall be made in writing and signed by the owner of the horse, or by his authorized agent or some person deputed by him, and each association shall provide blank forms on which entries are to be made.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.95 Coupled entries.

(a) The term ‘‘entry’’ means a horse made eligible to run in a race. When starters in a race include two or more horses owned by the same person, they shall be coupled as an entry, with no exceptions. A wager on one horse in the entry shall be a wager on all horses in the entry. If a race is split in two or more divisions, horses in an entry shall be seeded in separate divisions, but the divisions in which they compete and their post positions shall be drawn by lot.

(b) Horses owned wholly or in part by the same trainer, person or the spouse of the person shall be coupled and run as an entry.

(c) If one horse is scratched after the betting is under way, the remaining horse shall run as a betting entry.

(d) Starters in a race which include two horses of different ownership trained by the same person, trained in the same stable or trained by the same management may not be coupled as an entry and shall constitute separate wagering interests. In no case may more than two horses having common trainer ties as defined in this section start in a race.

The provisions of this § 163.95 amended through August 28, 1981, effective August 29, 1981, 11 Pa.B. 2953; amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5094. Immediately preceding text appears at serial page (236644).

This section cited in 58 Pa. Code § 165.112 (relating to sale of pari-mutuel tickets); and 58 Pa. Code § 165.118 (relating to trifecta).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.96 Confirmation of entries and scratches.

Entries or scratches may be made by telephone, but shall be confirmed promptly in writing if the stewards, racing secretary or his assistants request. Entries made by telegraph shall be confirmed in writing.

Sufficiency of Evidence

Evidence that the licensee told investigators that he was approached by others to take money as part of a race-fixing scheme was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.97 Recorded interest.

A person having a recorded interest in a horse may enter that horse, unless prohibited by the terms of the partnership papers registered with the Commission.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.98 Joint subscriptions and entries.

Joint subscriptions and entries may be made by any one or more of the owners. The owners are jointly and severally liable for fees and forfeits.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.99 Identification of horse.

If entered for the first time at a meeting, a horse shall be identified by stating his name, color, sex and age, and the name of his sire and dam, as registered. This description shall be repeated at each entry until the name and descriptions of the horse have been published in the official program or the list of entries of an association. In every entry after that, the name, age and sex of a horse shall be sufficient.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.100 Cancellation and refusal.

The nominations or entries of a person, or the transfer of a nomination or entry, may be canceled or refused with or without either notice or reason being given.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.101 Registration.

A horse may not be allowed to enter or start in a flat race unless registered at the Registry Office of The Jockey Club (New York).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.102 Certification of registration and identification.

A horse may not be allowed to start unless a Jockey Club registration certificate is on file in the office of the horse identifier and the horse has been lip tattooed. If an error or omission on the foal certificate of a horse entered to race which precludes tattooing pending correction or completion of the certificate, the horse may be permitted to run without a tattoo for no longer than a single 30-day grace period. Before the horse is allowed to run during the 30-day grace period, the error or omission shall be noted on a photostatic copy of the certificate and attested to by the stewards and the horse identifier and a complete and attested copy of the certificate shall be retained at the track and filed with the Commission field office where the horse is running, and the correction of the certificate by the Jockey Club has been applied for before or at least at the time of the race, and the horse is identified to the complete satisfaction of the stewards. Only a single grace period is allowed for a horse entered for racing in this Commonwealth.

The provisions of this § 163.102 amended April 14, 1978, effective April 15, 1978, 8 Pa.B. 1113.

This section cited in 58 Pa. Code § 165.216 (relating to illegal entries).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.103 Licensed trainer.

A horse is not permitted to enter or to start unless the horse is in the care of and is saddled by a licensed trainer, licensed assistant trainer or substitute licensed trainer approved by the stewards.

The provisions of this § 163.103 amended March 21, 1980, effective March 22, 1980, 10 Pa.B. 1304.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.104 Stabling.

A horse is not permitted to enter or to start unless stabled on the grounds of the association, or in stabling approved by the association, except with the permission of the racing secretary.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.105 Transfers.

(a) A horse is not permitted to start whose name and true ownership is not registered with the racing secretary. Transfers and sales shall be accurately recorded on the foal certificate at the time of the transfer or sale. Sales and transfers shall be deemed to be for consideration and to be clear except for encumbrances expressly noted on the bill of sale form approved by the Commission. A protest or claim may not be considered unless stated in detail upon the bill of sale.

(b) Transfers of horses by trainers upon the grounds that have started at least once at the current meeting shall be recorded with the stewards. A transfer may not be deemed to be effective until it has been recorded.

The provisions of this § 163.105 amended November 24, 1978, effective November 25, 1978, 8 Pa.B. 3341.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.106 Interests.

Interests in a horse and changes in interests thereafter, except a trainer’s percentage of his winnings, shall be filed with the racing secretary, before the horse starts.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.107 Number of entries.

A horse may not be entered for two races on a single day.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.108 Eligibility to enter.

To compete in a race, a horse shall be eligible at the time of starting that race.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.109 Compliance with rules of partnership.

A horse involved in a partnership is not permitted to enter or to start until the rules for the registration of partnerships have been complied with.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.110 Ownership by disqualified person.

A horse is not qualified to be entered or to start in a race, if owned in whole or in part, or if under the management, directly or indirectly, of a disqualified person.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.111 Payment in event of disqualification.

If an entry from a disqualified person or of a disqualified horse is received, the entry shall be void and money paid for the entry shall be returned if the disqualification is disclosed 45 minutes before post time for the race. Otherwise, the money shall be paid to the winner.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.112 Disqualifications, stewards’ list, starters’ list and veterinarian’s list.

A horse, disqualified in any jurisdiction, or placed on the stewards’ list, starters’ list or veterinarians’ list in any jurisdiction, is not allowed to be entered or to start in a race without permission of the stewards.

The provisions of this § 163.112 amended February 1, 1980, effective February 2, 1980, 10 Pa.B. 470.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.113 False representation.

(a) A horse is not allowed to enter or start if the Commission or a board of stewards has previously ruled that the horse was knowingly entered or raced under a name other than its own as set forth on its foal certificate by a person having lawful control of it at the time.

(b) A horse is not allowed to enter or start if the Commission or a board of stewards has previously ruled that the person having lawful custody of the horse knowingly participated in the entry, starting or attempted entry or starting of the same or another horse under other than its own name as set forth on its foal certificate.

The provisions of this § 163.113 adopted December 23, 1977, effective December 24, 1977, 7 Pa.B. 3930; amended June 12, 1981, effective June 13, 1981, 11 Pa.B. 2058. Immediately preceding text appears at serial page (51636).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.114 Entry of horses on lists.

A horse on the starter’s list, veterinarian’s list or stewards’ list is not qualified to be entered or to start.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.115 Sale to disqualified person.

If a horse is sold to a disqualified person, the horse’s racing engagements are void as of the date of sale.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.116 Owner in arrears.

A horse is not allowed to enter or to start in a race if the owner of that horse is in arrears, except with the approval of the racing secretary.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.117 Allowance race.

Not more than two horses of the same interest may be entered in an allowance race.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.118 Determination of starters in divided races.

In divided races, the starters in the separate divisions shall be determined by lot.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.119 Double entry in the same ownership.

A trainer may not enter more than two horses in a purse race or overnight event. A trainer may enter and start two horses, of separate ownership, in a purse race or overnight event. When making a double entry in the same ownership, the owner or trainer shall express a preference. Two horses may not start in the same ownership to the exclusion of a single entry.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.120 Unclosed races.

The association has the right to withdraw or change an unclosed race.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.121 Insufficient entries.

If a race is declared off because of insufficient entries, the association may split an overnight race which may have closed and cause a new drawing for post positions.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.122 Sweepstakes.

(a) An entry in a sweepstakes is a subscription and cannot be withdrawn.

(b) If a horse is excused from the race by the stewards before off time, the starting fee shall be refunded.

(c) If a horse is locked in the gate and the conditions of that race include fees, nominating or starting, the fees shall be returned to the owner of a horse prevented from participating in that race. If a race is not run, the fees shall be returned to the owners.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.123 Liability of fees.

The nominator is liable for the entrance money or stake, and the death of an entered horse or a mistake in his entry, if eligible, does not release the nominator or transferees from the liability; nor may the entrance money or stake of an eligible horse to a race which is run off be returnable for the failure of the entry to start.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.124 Death of nominator or subscriber.

Except in a match race, no entry, subscription or right of entry under it, shall become void on the death of the nominator or subscriber. The rights follow the horse.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.125 Closing of races.

Entries shall be closed at an advertised time, and no entry accepted thereafter. The racing secretary may postpone closing of overnight races.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.126 Closing for overnight races.

Entries for overnight races shall close at the time announced by the racing secretary in the condition book. The time may not be less than 48 hours prior to the time of the running of the races for which the entry is being made.

The provisions of this § 163.126 adopted April 20, 1973, effective April 21, 1973, 3 Pa.B. 729.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.127 Closing.

(a) Except in overnight races, if the hour for closing of entries or for declarations is not stated, it is understood to be midnight at the close of the day specified.

(b) Nomination for stake races received and postmarked before midnight of the day of closing are valid if received 24 hours in advance of the publication of weights, if a handicap; or 24 hours in advance of the closing of overnight entries, if another type of race.

(c) Nominations for stake races may not close nor may an eligibility payment be due on a day on which the United States Post Office is not open for business. If an association or entity accepting stakes engagements or eligibility payments closes a stake or schedules an eligibility payment on a day when the United States Postal Service nearest the nominator’s home of record is not open, a postmark on or before midnight of the next day immediately following on which the United States Post Office nearest the residence of the nominator is open will be acceptable under this chapter.

The provisions of this § 163.127 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3930.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.128 Miscarriage of nominations and declarations.

If a miscarriage of a nomination or declaration in a stake race is claimed, satisfactory proof that it was mailed or telegraphed shall be presented within a reasonable time, or the evidence will not be considered.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.129 Compilation of entries.

Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.130 Number of horses to compete.

(a) In the absence of specific conditions, the maximum number of starters in a race shall be limited to the number of starting positions afforded by the association starting gate and extensions thereof. The maximum number of starters is further limited by the number of horses which, in the opinion of the stewards, considering the safety of the horses and riders, can be afforded a fair start. When an entry in a stakes race is denied the opportunity of starting because the number of entries exceed the capacity of the stall gate starting machine and extensions thereof, it will be entitled to refund of nomination or entry box fee or both. In handicap stakes preference will be given to high-weights. In allowance stakes preference will be established by the amount of total winning purses.

(b) The number of starters in an overnight race is limited by the width of the track at the starting post, the maximum number to be determined by the stewards. The number of starters shall be reduced to the proper number by lot or by division, also by lot of the race, at the option of the association.

The provisions of this § 163.130 issued under the Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402).

The provisions of this § 163.130 amended June 18, 1982, effective June 19, 1982, 12 Pa.B. 1871. Immediately preceding text appears at serial page (51639).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.131 Correction of errors in entries.

An alteration may not be made in an entry after the closing of entries, but an error may be corrected.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.132 Timed workouts.

A horse which has not started for a period of 30 days or more is ineligible to race until it has completed a timed workout satisfactory to the stewards prior to the day of the race in which it is entered. A workout following the entry of a horse shall appear on the official daily racing program.

The provisions of this § 163.132 adopted September 22, 1972, effective September 23, 1972, 2 Pa.B. 1774.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.133 Qualifications of horses to start.

Before a horse is permitted to start, the stewards shall be satisfied that its published past performance, whether in races or workouts, is of sufficient number to enable the public to make a reasonable assessment of its capabilities and may require them as a condition of entry.

The provisions of this § 163.133 adopted December 23, 1977, effective December 24, 1977, 7 Pa.B. 3931.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.134 Prohibition of entries by officials or racing association members.

(a) An official or member of the board of directors of a racing association may not enter a horse in a race meeting conducted by the association in which his office or directorship is held.

(b) When two or more race meetings of two or more associations are run consecutively and considered as one meeting for claiming purposes, an official or director of the associations may not enter a horse in any portion of the meeting conducted by the sharing associations.

(c) A person owning, either legally or beneficially, more than 5% of the shares of an association may not enter a horse in a race meeting conducted by the association in which the interest is held.

(d) When two or more race meetings of two or more associations are run consecutively and considered as one meeting for claiming purposes, a person owning, either legally or beneficially, more than 5% of the shares of the association may not enter a horse in a portion of the meeting conducted by the sharing associations.

(e) Subsections (a)—(d) do not apply to a person or an official, partnership, association, corporation or other legal entity which would be subject to this section at the time of its adoption. Subsections (a)—(d) may further be waived by the Commission upon application and for a particular race only.

The provisions of this § 163.134 adopted December 21, 1973, effective December 22, 1973, 3 Pa.B. 2922.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.135 Proper certification of ownership.

A horse shall be considered to be owned by the person or other entity whose name appears in the proper place upon the foal certificate for the horse. Absent the proper name a sworn statement as to ownership may be accepted together with other pertinent information required by the Commission. Upon acceptance of the sworn statement and other required pertinent information, the Commission will direct the name of the person making the affidavit to be inserted at the proper place upon the foal certificate showing the affiant to be the true owner. If a horse is leased, the lease agreement shall accompany the foal certificate or sworn statement, or both, otherwise showing proper ownership of the leased horse. The lease agreement shall be subject to the approval of the Commission.

The provisions of this § 163.135 adopted December 21, 1973, effective December 22, 1973, 3 Pa.B. 2922.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.151 Declarations and scratches.

(a) A horse may not be considered scratched or declared out of an engagement until the owner or his authorized agent or some person deputed by him has given notice in writing to the racing secretary.

(b) A horse in an overnight race may not be scratched without the approval of the stewards.

(c) For stake races, if a horse is not named through the entry box at the time designated by the racing secretary, the horse is automatically out.

(d) The declaration or scratch of a horse out of an engagement is irrevocable.

(e) Scratches from stake races will close 45 minutes before post time.

(f) Declaration and scratches from purse races shall be made to the racing secretary by the owner, or his authorized agent at a time which was set by the racing secretary and conspicuously posted.

(g) If the miscarriage of a declaration by mail or otherwise is alleged, satisfactory proof of the miscarriage is required of the complainant; otherwise, the declaration will not be accepted as of the time alleged.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.161 Weights, penalties and allowances.

(a) The following weights are carried when the weights are not stated in the conditions of the race:

(1)…SCALE OF WEIGHTS FOR AGE…

(2) In races of intermediate lengths, the weights for the shorter distance are carried.

(3) In races exclusively for 3-year-olds or 4-year-olds, the weight shall be 126 pounds, and in races exclusively for 2-year-olds, it shall be 122 pounds.

(4) In a race, except handicaps and races where the conditions expressly state to the contrary, the scale of weights shall be less, by the following: for fillies 2 years old, 3 pounds; for mares 3 years old and upwards, 5 pounds, before September 1 and 3 pounds thereafter.

(5) In all overnight races except handicaps, not more than 6 pounds may be deducted from the scale of weights for age, except for allowances, but in no case may the total allowances of any type reduce the lowest weight below 101 pounds, except that this minimum weight need not apply to 2-year-olds or 3-year-olds when racing with older horses.

(6) In overnight handicaps and in claiming handicaps, the top weight may not be less than 122 pounds.

(b) Weight penalties are obligatory.

(c) Weight allowance, including apprentice allowance, shall be claimed at time of overnight entry.

(d) The weight allowance may not be abandoned after the posting of entries except by consent of the stewards.

(e) Penalties and allowances of weight are not cumulative, unless so declared by the conditions of a race.

(f) A horse shall start with only the allowance of weight to which he is entitled at the time of starting, regardless of his allowance at the time of entry.

(g) A horse incurring weight penalties for a race is not entitled to the weight allowances for that race.

(h) A horse not entitled to the first weight allowance in a race is not entitled to the second, and so on.

(i) A claim of weight allowance to which a horse is not entitled does not disqualify unless protest is made in writing and lodged with the stewards at least 60 minutes before post time.

(j) A horse may not incur a weight penalty or be barred from a race for having been placed second or lower in a race.

(k) A horse may not be given a weight allowance for failure to finish second or in any lower place in a race.

(l) Penalties incurred in steeplechase or hurdle races do not apply to races on the flat or vice versa.

(m) When the decision of a race is in dispute, the horses involved in the dispute with respect to the credit of the winner shall be liable to the weight penalties attached to the winning of that race until a winner has been adjudged.

(n) Eligibility, penalties and allowances of weight for races will be determined after considering the reports, records and statistics published by the Daily Racing Form and Morning Telegraph.

(o) A race not reported in Daily Racing Form or Morning Telegraph may not be considered unless otherwise stated in the conditions of the race, except that, in the case of an imported horse, the racing record of the horse shall be filed with the racing secretary prior to time entry is made to qualify for eligibility. This section does not apply in the classification of maidens.

(p) A horse may not incur a weight penalty for a placement from which he is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement.

(q) A horse involved in a dead heat for first place is liable to weight penalty for the amount received.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.162 Weighing out.

(a) The specified jockeys shall be weighed out for their respective mounts in each race by the clerk of the scales not less than 20 minutes before the time fixed for the race. In case of a substitution of riders after the original rider has been weighed out, the substitute rider shall be weighed as promptly as possible and the name of the substitute and his weight publicly announced and posted.

(b) The weight of a jockey shall include his clothing, boots, goggles, saddle and its attachments, number cloth, saddle cloth or other equipment required by the stewards.

(c) The following items may not be included in the weight of a jockey: whip, or a substitute for a whip, head number, bridle, bit or reins or safety helmet.

(d) A bridle may not exceed 2 pounds in weight, and a whip may not exceed 1 pound in weight, unless approved by the stewards. A whip may not be longer than 30 inches.

(e) A jockey may not carry overweight in excess of 2 pounds without permission of the owner or trainer. A horse is not allowed to carry an excess of 7 pounds.

The provisions of this § 163.162 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3931.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.163 Weighing in.

(a) After a race has been run and after the jockey has pulled up the horse he had ridden, the jockey shall ride promptly to the placing judges’ stand and there dismount, after obtaining permission from the judges, and present himself to the clerk of the scales to be weighed in.

(b) If a jockey is prevented from riding his mount to the judges’ stand because of an accident or of illness either of himself or his horse, he may walk or be carried to the scales, or he may be excused by the stewards from weighing in.

(c) Except by permission of the stewards, every jockey shall, upon returning to the placing judges’ stand, unsaddle the horse he has ridden and no person may touch the horse except by his bridle.

(d) A person may not assist a jockey in removing from his horse the equipment that is to be included in the weight of a jockey, except by permission of the stewards.

(e) A person may not throw a covering over a horse at the place of dismounting until the jockey has removed the equipment that is to be included in his weight.

(f) A jockey may not, before weighing in, willfully touch a person or thing, other than the equipment that is to be included in his weight.

(g) Each jockey shall, in weighing in, carry over to the scales the pieces of equipment with which he weighed out.

(h) Each jockey shall weigh in at the same weight as that at which he weighed out, and if short of it by more than 2 pounds his mount shall be disqualified.

(i) A jockey may not weigh in at more than 2 pounds over the weight at which he weighed out, except insofar as the weight may have been affected by the elements.

This section cited in 58 Pa. Code § 163.381 (relating to duties of placing judges).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.171 Jockey’s license.

(a) A jockey shall obtain a license from the Commission.

(b) No person under 16 years of age or younger will be granted a jockey’s license.

(c) A jockey or apprentice may be allowed to ride in two races before being granted a first license, pending approval of the license by the stewards.

(d) The stewards may permit a jockey to ride pending action on an application.

(e) A licensed jockey may not be the owner or trainer of a race horse.

The provisions of this § 163.171 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.171 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial page (144490).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.172 Weighing out of jockeys.

A jockey shall present himself to be weighed out at the time fixed by the clerk of the scales.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.173 Fulfillment of engagements.

A jockey shall faithfully fulfill all engagements in respect to racing.

Sufficiency of Evidence

Testimony that a videotape of the race in question demonstrated that the licensee performed several acts that were intended to cause, and resulted in, the horse’s last-place finish was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.174 Racing against starter of same contract employer.

A jockey may not ride in a race against a starter of his contract employer unless his mount and contract of the starter of the employer are both in the hands of the same trainer.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.175 Appearance.

In riding a race a jockey shall be neat in appearance. A jockey shall wear conventional attire and the racing color of the owner of the horse he is riding.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.176 Helmets.

It is mandatory that jockeys wear a protective helmet which has been approved by the Commission when riding in races or when exercising horses.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.177 Identification.

A jockey shall wear a number on his right arm and it and the saddle cloth number shall correspond to the number of the horse in the official program.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.178 Reporting before race.

A jockey who is engaged to ride in a race shall report to the scale room on the day of the race at the time required by the officials. A jockey shall then report his engagements and overweight, if any, to the clerk of the scales, and thereafter, except with the permission of the stewards, may not leave the jockey room, except to view the races from a point approved by the stewards or to ride in a race, until all of his engagements of the day have been fulfilled.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.179 Examination of jockeys by licensed physicians.

Before the commencement of a racing season, a jockey shall be examined by a licensed physician, designated by the board of stewards in order to establish his physical condition and freedom from disabling defects or contagious disease. During the conduct of a meeting, the board of stewards may require that a jockey be reexamined and may refuse to allow the jockey to ride until he successfully passes the examination.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.180 Betting limitations.

A jockey may not make a bet on a race nor accept the promise or the token of a bet, with respect to the race in which he is riding, except through or from the owner or trainer of the horse he rides, and then only on that horse.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.181 Jockey’s fees.

(a) Jockey’s riding fees are as follows:

(b) If an owner or trainer engages two or more jockeys for the same race, the owner or trainer shall pay a fee for each engaged jockey not riding in the race as determined by the stewards as well as the proper fee to the jockey who does ride.

(c) A jockey’s fee is considered earned when the jockey is weighed out by the clerk of the scales. The fee is not considered earned if the jockey of his own free will, takes off his mount where injury to the horse or rider is not involved. A condition not covered by this section shall be at the discretion of the stewards.

(d) In a dead heat, the jockeys involved shall divide equally the sum total of the fees they would have received individually had one beaten the other. Likewise, the owners of the horses involved shall pay their equal share.

The provisions of this § 163.181 amended through November 24, 1978, effective November 25, 1978, 8 Pa.B. 3342.

Promulgation of a rule setting fees for jockeys is within the Commission’s power where it reasonably determines that in order to deter criminal influence in the horse racing industry, it is vital to guarantee adequate fees for jockeys. Gilligan v. Horse Racing Commission, 422 A.2d 487 (Pa. 1980).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.182 Designated race rule.

(a) A jockey who is serving a suspension of 10 days or less may be permitted to ride in a designated race during the suspension if the following apply:

(1) The race has been specified as a designated race by the racing secretary of the association before the beginning of the race meeting of the association.

(2) The race has been approved as a designated race by the board of stewards officiating at the race meeting.

(3) The jockey is named to ride in the designated race no later than at the time set for the close of entries for the race.

(4) The jockey agrees to serve an additional day of suspension in place of the day on which the jockey rides in a designated race.

(b) Reciprocity of this rule shall be at the stewards’ sole discretion and shall apply only to those states which have also adopted the designated race rule or its equivalent.

The provisions of this § 163.182 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.182 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial page (144493).

This section cited in 58 Pa. Code § 163.366 (relating to fines and suspension).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.183 Forfeiture.

A forfeiture shall be paid by the jockey himself and any other person paying it shall be subject to punishment.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.184 Agents.

A jockey may have only one agent. Engagements to ride, other than those for his contract employer, shall be made by the jockey’s agent.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.185 Valet-attendants.

A jockey may not have a valet-attendant other than those provided by the association.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.186 Retaining jockeys.

An employe retaining the same jockey has precedence according to the priority of the retainer as specified in the contracts.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.187 Jockey apprentices.

(a) A jockey apprentice is bound by this chapter, except if this chapter is in conflict with this specific regulation for apprentices.

(b) Apprentice contracts and certificates entered into in this Commonwealth shall be made on forms supplied by the Commission, and a copy shall be filed with the Commission.

(c) A copy of apprentice contracts and certificates, wherever entered into, shall be filed with the Commission.

(d) If an apprentice contract is transferred, the transfer shall be approved by the stewards and registered with the Commission by both the transferor and the transferee.

The provisions of this § 163.187 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. 325.202(a)).

The provisions of this § 163.187 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial page (144494).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.188 Contracts.

The jockey or apprentice shall be bound by written contract approved by and filed with the Commission to an owner or trainer for a term of not less than 3 nor more than 5 years, subject to a written extension, if made for less than 5 years. After at least 1 year service with a racing stable, an apprentice may claim weight allowances in all overnight races, except handicaps or stakes races. A person is not allowed to hold a contract on a jockey or apprentice jockey unless that person is in control or possession of a stable or horse that would, in the opinion of the stewards of the meeting where the jockey or apprentice jockey applies for a license, warrant the employment of a contract jockey or apprentice jockey.

The provisions of this § 163.188 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.188 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial page (144494).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.189 Apprentice jockeys.

(a) A person 16 years of age or older who has never been licensed as a jockey in any country or if under age, with the written consent of that person’s parents or guardian, may apply to become an apprentice jockey. An application for a license as apprentice jockey shall be accompanied by an original, a notarized or photostatic copy of the agreement with the contract employer and written proof of at least 1 year service with a racing stable, a birth certificate or satisfactory evidence of the date of birth.

(b) An apprentice jockey is not permitted to ride for another person except his contract employer, without the consent of the employer.

(c) The following requirements shall be accomplished satisfactorily by a person desiring an apprentice jockey certificate and the privilege of riding races at tracks in this Commonwealth:

(1) Employment on the backside of a race track, including exercising horses on the track.

(2) Attending and reviewing video tapes of races in jockeys’ quarters, as scheduled by the stewards. The applicant may ask questions of stewards and jockeys. The applicant shall leave the jockeys’ quarters, immediately following the showing of video tapes and the question and answer period.

(3) Observing jockeys and horses break from the gate, at the start of races under the supervision of a starter, for at least 15 racing days and at least 5 races per racing day.

(4) Observing horses changing leads at the 1/4, 3/8 and 7/8 poles and observing horses and jockeys approaching the finish line and finishing the race. The observations shall take place during races, for at least 10 racing days with at least 5 races per racing day.

(5) Participating in as many schooling races as possible through the cooperation of the racing secretary and informing two or more members of the board of approval of application for apprentice license as soon as the applicant has been notified of acceptance to ride in the schooling race.

(6) Breezing horses from the gate satisfactorily with a whip at least twice in the presence of two or more members of the board of approval.

(7) Riding with competence two parimutuel races without a whip under a temporary apprentice jockey certificate. The applicant will be observed by the board of approval during the races.

(d) A regular apprentice jockey’s license will be issued by the stewards, upon notification of the recommendation of a majority of the members of the board of approval, unless withheld by the Commission.

(e) The board of approval was formed to aid and further the safety of the applicant, other riders and horses in races in this Commonwealth.

The provisions of this § 163.189 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.189 amended March 19, 1982, effective March 20, 1982, 12 Pa.B. 994; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial pages (144494) to (144495).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.190 Weight allowances in overnight races.

(a) A certified apprentice jockey may claim the following weight allowances in all overnight races except stakes and handicaps:

(1) A 10 pound allowance beginning with the first mount and continuing until the apprentice has ridden five winners.

(2) A 7 pound allowance until the apprentice has ridden an additional 35 winners.

(3) If an apprentice has ridden a total of 40 winners prior to the end of 1 year from the date of riding the fifth winning mount, the apprentice jockey may claim an allowance of 5 pounds until 1 year from the date of the fifth winning mount.

(b) If after 1 year from the date of the fifth winning mount the apprentice jockey has not ridden 40 winners, the applicable weight allowance shall continue for 1 additional year or until the 40th winner, whichever comes first. A weight allowance may not be claimed for more than 2 years from the date of the fifth winning mount, unless an extension has been granted under this section.

(c) A contracted apprentice may claim an allowance of 3 pounds for an additional year when riding horses owned or trained by the original contract employer. The holder of the contract at the time the apprentice rides the fifth winner shall be considered the original contract employer.

The provisions of this § 163.190 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.190 amended October 21, 1977, effective October 22, 1977, 7 Pa.B. 3128; amended November 7,1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial pages (144495) to (144496).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.191 Applications for extensions.

(a) The Commission has the authority to grant an allowance extension of an apprentice jockey if, in the discretion of the Commission, an apprentice jockey is unable to continue riding due to one of the following and has provided the Commission with appropriate documentation verifying the following:

(1) Physical disablement or illness.

(2) Military service.

(3) Documented attendance in an institution of secondary or higher education.

(4) Restriction on racing.

(5) Other valid reasons found by the Commission.

(b) To qualify for an extension, an apprentice jockey shall have been rendered unable to ride for at least 7 consecutive days during the period in which the apprentice was entitled to an apprentice weight allowance. Under exceptional circumstances, total days lost collectively will be given consideration.

The provisions of this § 163.191 amended under section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)).

The provisions of this § 163.191 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5780. Immediately preceding text appears at serial page (144496).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.192 Loss of apprentice allowance.

A licensed apprentice who loses his apprentice allowance shall obtain a jockey license before being permitted to ride again.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.193 Use of whips.

Whips may not be used on 2-year-olds prior to April 1st.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.194 Use of spurs.

The use of spurs by a jockey is prohibited.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.195 Apprentice jockey certificate.

(a) An apprentice jockey may be granted an apprentice jockey certificate issued by the stewards, in lieu of an apprentice jockey contract, under this chapter covering apprentice jockeys. A copy of his certificate shall be filed with the Commission. Winning records of jockeys with apprentice certificates shall be recorded and attested by the clerk of scales who shall record date, track and be verified on each line as provided on jockey’s apprentice certificate.

(b) A jockey apprentice certificate issued by other racing commissions or agencies engaged in racing may be approved by the stewards. Approvals shall be in writing and along with a copy of the jockey apprentice certificate be filed with the Commission.

(c) If an apprentice jockey contract is terminated and an apprentice certificate is issued or an apprentice jockey with a certificate is engaged under contract, the certificate and contract shall be attached and become his riding record.

The provisions of this § 163.195 adopted June 18, 1976, effective June 19, 1976, 6 Pa.B. 1417.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.211 Engagements of the riders and employes.

(a) A contract, or a copy thereof, between jockeys and their employers shall be filed with the Commission.

(b) A contract employer may not have an interest in the earnings of a jockey.

(c) A jockey agent shall keep, on a form provided by the association, a record by races of all engagements made by him, for the jockeys the agent is handling. This record shall include the day and the hour of making of each engagement and the calls shall be numbered in the order of their priority whenever more than one is given for any rider in any race. This record shall be kept up-to-date and held ready at all times for inspection by the stewards or the clerk of the scales.

(d) A rival claim for the services of a rider shall be adjudged by the stewards in the light of the records submitted by the jockey agents.

(e) A jockey agent may handle up to two riders but no more, and a jockey agent may not make or assist in the making of an engagement for a rider other than those he is authorized to represent.

(f) A jockey agent is not permitted within the saddling enclosure during racing hours; nor is the agent allowed on the track proper at the conclusion of a race run; nor may the agent have access to the jockey quarters or communicate with a jockey during racing hours.

The provisions of this § 163.211 adopted July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.221 Parading.

The stewards may permit a horse to be excused from parading and be led to the post.

This section cited in 58 Pa. Code § 163.226 (relating to distance of parading).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.222 Exercising.

(a) Permission shall be obtained from a steward to exercise a horse between races unless the horse is being warmed up, on the way to and just prior to entering the paddock for the next race to be run.

(b) If a horse is being warmed up before entering the paddock, his official program number shall be displayed by the rider.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.223 Saddlecloth numbers.

In a race each horse shall carry a conspicuous saddlecloth number corresponding to his number on the official program. In the case of an entry, each horse making up the entry shall carry the same number with distinguishing letter. For example, 1, -1a, -1X. In the case of a field, the horse comprising the field shall carry an individual number, that is, 12, 13, 14, 15 and so on.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.224 Horses to be in paddock before post time.

Horses shall be in the paddock at least 15 minutes before post time, or at the discretion of the stewards.

The provisions of this § 163.224 amended July 25, 1980, effective July 26, 1980, 10 Pa.B. 3108. Immediately preceding text appears at serial page (51655).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.225 Saddling.

A horse shall be saddled in the paddock.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.226 Distance of parading.

A horse shall parade a distance that is reasonable and proper in the opinion of the stewards, unless excused by the stewards as provided in § 163.221 (relating to parading). If a horse is excused from parading and is led to the post, he shall pass over the same route as that followed by the parade.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.227 Weights from paddock to post.

A horse shall carry his respective weights from paddock to post.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.228 Order of parading.

A parading horse shall pass the stewards’ stand in the numerical order of their exhibited number. Only a horse being led by the parade leader, or excused from parading, may parade out of numerical order.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.229 Horses in the track.

(a) After the horses enter the track, the jockey may not dismount and the horse is not entitled to the care of an attendant without consent of the stewards or the starter.

(b) After entering the track, not more than 12 minutes shall be consumed in the parade of the horses to the post except in case of unavoidable delay. After passing the stand once, horses will be allowed to break formation and canter, warm up or go as they please to the post. When horses have reached the post, they shall be started without unnecessary delay.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.230 Accidents from paddock to post.

(a) In case of accident to a jockey, his mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay.

(b) If a jockey is thrown on the way from the paddock to the post, the horse shall be remounted, return to the point where the jockey was thrown and then proceed over the route of the parade to the post.

(c) If the jockey is so injured on the way to the post as to require another jockey, the horse shall be taken to the paddock, another jockey obtained and then ridden over an uncompleted portion of the exact route of the parade to the starting point.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.231 Exit and return to course during parade.

If a horse leaves the course while moving from paddock to post, he shall return to the course at the nearest practical point to that at which he left the course, and shall complete his parade to the post from the point at which he left the course.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.232 Delay of arrival.

A person may not willfully delay the arrival of a horse at the post.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.233 Post time.

Post time of each race shall be set by the manager of the pari-mutuel department, and may not be changed after being posted on the odds board without permission of the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.234 Crossing and weaving.

During the running of a race, when clear, a horse may be taken to another part of the course but a horse may not cross or weave in front of other horses in such a way that would impede them or constitute or cause interference or intimidation.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.235 Jostling.

A horse or jockey may not willfully jostle another horse.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.236 Striking and touching during race.

During a race, a jockey may not willfully strike or touch another jockey or the horse or equipment of another jockey for the purpose of interfering with that horse or jockey.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.237 Changing stride.

A jockey may not unnecessarily cause his horse to shorten stride with a view to complaint. A jockey may not take his horse back without reasonable cause.

The provisions of this § 163.237 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3932.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.238 Influencing outcome of race.

(a) A horse shall be ridden out in every race. A jockey may not intentionally ride wide on the turns or otherwise cause his mount to lose ground when there is no reasonable cause for the loss or otherwise ride in a manner inconsistent with using the best efforts of the horse.

(b) A jockey shall put forth every reasonable effort and exercise the greatest diligence in riding a race. If, in the opinion of the stewards, a jockey does not put forth every reasonable effort or use proper diligence in the riding of a race, the jockey shall be penalized by the stewards according to the gravity of the offense.

(c) If two horses run in one interest in a race, each shall give his best effort. The practice of declaring to win with one or the other of the horses is not allowed.

The provisions of this § 163.238 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3932.

The Commission’s decision to suspend a jockey under 58 Pa. Code § 163.238(a) and (b) for failing to ride out his horse in a race is not reviewable unless constitutional rights are violated, the adjudication is not in accord with the law, procedural rules were not complied with, or the necessary findings of fact are not supported by substantial evidence. Smith v. Horse Racing Commission, 456 A.2d 727 (Pa. Cmwlth. 1983).

Sufficiency of Evidence

Testimony that a videotape of the race in question demonstrated that the licensee performed several acts that were intended to cause, and resulted in, the horse’s last-place finish was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.239 Foul riding complaints.

(a) The stewards shall take cognizance of foul riding and may entertain reports from other racing officials of the meeting whether or not a formal complaint is made, but a complaint may not be considered which comes from a person other than the jockey, trainer or owner of the horse interfered with.

(b) If a horse is disqualified for a foul under this chapter, any other horse in the race owned wholly or in part by the same interest may also be disqualified.

(c) An owner, trainer or jockey may not complain frivolously that his horse was interfered with.

(d) A person may not directly or indirectly interfere with the leading of horses from the stable area or to the receiving barn or to the paddock or in the parade or commit an act for the purpose or with the effect of frightening a horse; nor may a person interfere with, block or impede a racing participant who is then performing his proper duties, nor fight, threaten to fight or strike at a racing participant who is then performing his duties, nor interfere with, block, impede or disrupt a racing operation.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.240 Entry upon race course.

A person may not enter or remain on a race course upon which a race is to be run from the time the horses enter the race course from the paddock until the race has been completed. This section does not apply to racing officials, licensees on duty which requires their presence on the course and other persons who for good cause have been granted permission by the stewards or the Commission.

The provisions of this § 163.240 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3932.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.251 General provisions.

(a) In claiming races, horses may be claimed in the following manner by the following licensees:

(1) A new owner—that is, an individual, partnership, corporation or other authorized racing interests—who has not held an owner’s license in a racing jurisdiction during the prior year is eligible to claim by obtaining an open claiming license from the Commission.

(2) To obtain an open claiming license and file an open claim, an eligible individual shall comply with the following procedures:

(i) Depositing an amount no less than the minimum claiming price, and sales tax and other applicable charges, at that meet, with the horsemen’s bookkeeper. The amount shall remain on account until a claim is made. In the event of withdrawal of the fund, a license issued under § § 163.51—163.59 will be automatically revoked and terminated.

(ii) Securing an owner or authorized racing interest license issued by the Commission. The license will be conditioned upon the making of a claim and will be revoked if no claim is made within 30 racing days after issuance, or if the deposit required under subparagraph (i) is withdrawn prior to completion of a claim.

(iii) Naming a trainer licensed by the Commission who will represent him once a claim is made.

(3) Persons or other authorized racing interests who have valid Commonwealth owners licenses and have horses stabled at an approved stabling area may claim horses at any horse race meet held in this Commonwealth by complying with the claiming rules enumerated in this section and § § 163.252—163.264, 163.266—163.268 and 163.270. Approved Commonwealth stabling areas are: Pocono Downs Race Track, Commodore Downs Race Track, Keystone Race Track, Penn National Race Track, Garden State Race Track and any approved farm located in this Commonwealth.

(4) Individuals, or other authorized racing interests who have a valid Commonwealth owners license and do not presently have horses stabled in an approved Commonwealth stabling area do not qualify for an open claiming license; they may claim only by starting a horse at the meet where the authorized racing interest wishes to claim.

(b) [Reserved].

(c) A person may not claim more than one horse in any one race.

(d) An authorized agent, although representing several owners, may not submit more than one claim for any one race.

(e) A person or other authorized racing interest may not claim his own horse or cause his horse to be claimed directly or indirectly for his account.

(f) An owner whose stable has been eliminated by claiming shall have the right to claim during the remainder of the meeting at which his stable was eliminated. If a 30-day period as referred to in § § 163.254 and 163.255 (relating to starting of claimed horses; and sale and transfer of claimed horses) should extend into the next succeeding meeting, the owner shall obtain a certificate from the stewards of the meeting at which he lost his last horse and shall present the certificate to the stewards when filing a claim at the next meeting. Stables eliminated by fire or other hazards may be eligible to claim under this subsection, at the discretion of the stewards.

The provisions of this § 163.251 amended through February 19, 1982, effective February 20, 1982, 12 Pa.B. 797. Immediately preceding text appears at serial pages (60174) to (60175).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.252 Transfer authorization.

When a horse is claimed, sold or transferred, the transfer authorization shall be filled out in triplicate and filed with the Commission, stewards and racing secretary. This form will be furnished by the Commission.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.253 Number of claims.

When a stable consists of horses owned by more than one person, trained by the same trainer, not more than one claim may be entered on behalf of the stable in any one race.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.254 Starting of claimed horses.

For a period of 30 days after the claim, a claimed horse may not start in a race in which the determining eligibility price is less than 25% more than the price at which it was claimed. The day claimed does not count, but the following calendar day shall be the first day and the horse shall be entitled to enter whenever necessary so the horse may start on the 31st calendar day following the claim for any claiming price. This section does not apply to starter handicaps in which the weight to be carried is assigned by the handicapper.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.255 Sale and transfer of claimed horses.

If a horse is claimed, it may not be sold or transferred to anyone wholly or in part, except in a claiming race, for a period of 30 days from date of claim, nor may it, unless reclaimed, remain in the same stable or under the control or management of its former owner or trainer for a like period, nor may it race elsewhere until after the close of the meeting at which it was claimed. The Commission has the authority to waive this section upon application and demonstration that the waiver is in the best interest of horse racing in this Commonwealth.

The provisions of this § 163.255 amended February 1, 1980, effective February 2, 1980, 10 Pa.B. 470.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.256 Applicability of other rules.

If a horse is claimed at a recognized meeting under provisions which are at variance with this chapter, title to the horse shall be recognized in this Commonwealth to follow the rules of the meeting under which the claim was made, however, while racing in this Commonwealth, shall adhere to § 163.431 (relating to powers and duties of patrol judges).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.257 Posting of claiming price.

The claiming price of each horse in a claiming race shall be printed on the program, and claims for the horse shall be the amount so designated. If more than one claim is filed for the same horse, the disposition of the horse shall be determined by lot under the direction of one or more of the stewards, or their representative.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.258 Form of claims.

(a) A claim shall be made in writing on forms and in envelopes furnished by the association and approved by the Commission. Both forms and envelopes shall be filled out completely, and shall be accurate, otherwise the claim is void.

(b) Money may not accompany the claim. A person, desiring to make a claim, shall first deposit with the accountant of the horsemen the whole amount of the claim in cash including taxes, for which a receipt will be given unless at the time of depositing the claim he has the amount to his credit with the accountant of the horsemen.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.259 Starting in claiming races.

In claiming races not more than two horses in the same interest or under control of the same trainer can start.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.260 Foal certificate.

The foal certificate of a claimed horse shall remain in the custody of the racing secretary or his representative until the new owner removes the horse from the track.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.261 Filing of claims.

A claim shall be deposited in the claiming box at least 10 minutes before the time fixed for the race to begin. An official of the association may not give information as to the filing of claims therein until after the race has been run. A claim shall be passed upon by the stewards or their designated representative. When a claim has been filed it is irrevocable and at the risk of the claimant.

The provisions of this § 163.261 amended July 25, 1980, effective July 26, 1980, 10 Pa.B. 3108. Immediately preceding text appears at serial page (51662).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.262 Delivery of claimed horse.

(a) A horse claimed may not be delivered by the original owner to the successful claimant until authorization is given by the stewards, and every horse claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse shall be vested in the successful claimant from the time the horse becomes a starter and the successful claimant becomes the owner of the horse, whether it is alive or dead, sound or unsound or injured during the race or after it.

(b) A trainer who claims a horse has the right to take that horse from the unsaddling area directly to the test barn, in the presence of an appropriate Commission employe, to have a post-race test sample drawn. The prior trainer or his agent shall have the right to accompany the horse. The trainer who requested the test shall pay for the test unless the test is required by this chapter. If the test result is positive, the horse may be returned immediately to the seller, at the option of the claimant; in this case, the moneys shall be returned to the claimant.

(c) A person may not refuse to deliver to the person legally entitled thereto a horse claimed out of a claiming race. The horse in question shall be disqualified until delivery is made.

The provisions of this § 163.262 issued under the Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402).

The provisions of this § 163.262 amended through June 18, 1982, effective June 19, 1982, 12 Pa.B. 1871. Immediately preceding text appears at serial page (60179).

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.263 Interference with claiming races.

A person may not offer, or enter into an agreement, to claim or not to claim, or attempt to prevent another person from claiming, a horse in a claiming race; nor may a person attempt, by intimidation, to prevent anyone from running a horse in a race for which it is entered; nor may an owner or trainer running horses in a claiming race make an agreement for the protection of each other’s horses.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.264 Mortgages or liens against a horse.

The conditions of a mortgage or lien against a horse shall be approved by the stewards and filed with the horsemen’s accountant before a horse is entered.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.266 Cancellation of claiming race results.

If the stewards, within 24 hours after the running of a race, believe that the lease, sale or entry of a horse was not made in good faith but was made for the purpose of obtaining the privilege of entering a claim, they may disallow the claim and order the return of a horse that may have been delivered and refer the case to the Commission for further action.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.267 Responsibility for horse after claiming race.

A trainer whose horse has been claimed or whose owner has claimed a horse shall be responsible for the horse until after collection of a required saliva, urine or blood specimen.

The provisions of this § 163.267 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3933.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.268 Inclusion of engagements with outcome of claiming race.

When a horse is claimed out of a claiming race, the engagements of the horses are included.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.270 Who may claim.

(a) If an owner ships away only part of his horses, the stewards shall be free to decide whether or not a part was left behind merely to circumvent the claiming rule. If the stewards decide an attempt was made at circumvention of this section, the claim involved is void.

(b) Notwithstanding anything to the contrary in this chapter, only an owner or his trainer acting as his authorized agency may claim horses.

The provisions of this § 163.270 amended December 21, 1973, effective December 22, 1973, 3 Pa.B. 2922.

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.271 Claimant of horse in dispute.

During the pendency of a review or appeal of a claim, the claimant of a horse in dispute shall be deemed entitled to enter, run or otherwise handle a horse, subject to an order of disposition decreed by the Commission upon application and approval for supersedeas under § 165.181(b) (relating to investigation and special procedures).

The provisions of this § 163.271 adopted August 8, 1980, effective August 9, 1980, 10 Pa.B. 3268.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.272 Claiming by spouses.

A person may not claim from his spouse a horse owned wholly or in part by that spouse.

The provisions of this § 163.272 adopted September 18, 1981, effective September 19, 1981, 11 Pa.B. 3221.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.281 Objections or protests.

(a) A protest, except a protest involving fraud may be filed only by the owner, or his authorized agent, trainer or jockey of a horse engaged in the race over which the protest is made or by a racing official of the meeting.

(b) A protest involving fraud may be made by any person.

(c) A protest regarding qualifications, entries, weight or other conditions of a race shall be made in writing, signed by the complainant and be filed with the stewards at least 60 minutes before the scheduled post time of the race in question. A protest not timely made may be disallowed for that reason alone.

(d) To merit considerations, a protest over the status of an alleged maiden shall be made in writing, signed by the complainant and filed with the stewards at least 2 hours before the programmed post time for the race in which the protested maiden is scheduled to run.

(e) A protest against a horse engaged in a race and timely filed under subsection (c) shall receive immediate consideration. If the protest is supported by evidence tending to show a ground for disqualification, in default of proof after verbal notice of the entrant, within 30 minutes before the scheduled post time that the horse is qualified to start, the horse may be disqualified from starting.

(f) To merit consideration, a protest against a horse based on a happening in a race shall be made to the stewards before the placing of the horses for that race has been officially confirmed.

(g) If a jockey wishes to protest a happening in a race, he shall notify the clerk of the scales immediately upon his arrival at the scales for weighing in.

(h) [Reserved].

(i) A person lodging a protest may be ordered by the stewards or the Commission to pay the costs incurred in determining the objection if the protest is found to be frivolous. If a protest is upheld, the stewards or the Commission may impose costs upon the respondent.

(j) Pending the determination of a protest, money or prizes won by a protested horse, or other money affected by the outcome of the protest, shall be paid to and held by the racing secretary until the protest is determined.

(k) The stewards are vested with power to determine the extent of disqualification in cases of fouls. They may place the offending horse behind the horses in their judgment it interfered with, or they may place it last.

(l) A protest may not be withdrawn without permission of the stewards.

(m) A person may not make frivolous protests.

(n) The stewards shall keep a record of protests and complaints, and of action taken thereon; and shall report both daily to the Commission.

(o) To merit consideration, a protest against the programmed distance of a race shall be made at least 30 minutes before post time for that race.

(p) If evidence of intentional fraud is found regarding the entry or running of a horse, or a willful violation is found in the running of a race, the Commission may, on its own motion, initiate appropriate proceedings against the individuals believed to be involved. An action may not affect pari-mutuel payoffs or the official order of finish of a race.

The provisions of this § 163.281 amended September 2, 1977, effective September 3, 1977, 7 Pa.B. 2560.

This section cited in 58 Pa. Code § 163.481 (relating to review and appeal).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.291 Safety.

(a) Racing associations shall take every reasonable precaution to make their premises safe for the protection of the persons and property of patrons and licensees.

(b) A person, while exercising a horse, shall wear a safety helmet of a type approved by the stewards. A change may not be made in a helmet without the approval of the stewards. This section shall be enforced by trainers.

(c) Racing associations shall provide an ambulance with proper attendants for the protection of patrons and racing personnel during normal racing and training hours throughout the race meetings and training periods preceding the same.

(d) Racing associations shall provide a horse ambulance for attendance on horses injured on the premises and to the extent as to require this sort of facility.

The provisions of this § 163.291 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 611.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.301 Whips.

An electrical or mechanical or other appliance other than the ordinary whip, not in excess of 30 inches in length, may not be applied to a horse in a race or workout. A person violating this section shall be ruled off.

This section cited in 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.302 Foreign drugs, medications or substances.

(a) Policy. The purpose of this section and § § 163.303—163.318 is to protect the integrity of horse racing, to guard the health of the horse and to safeguard the interests of the public and the racing participants through the prohibition or control of drugs and medications or substances foreign to the natural horse. In this context:

(1) A horse participating in a race may not carry in its body a substance foreign to the natural horse except as otherwise provided.

(2) A person acting alone or in concert may not administer or cause to be administered a substance to a horse entered to race by injection, oral administration, rectal infusion or suppository, or by inhalation within 24 hours prior to the scheduled post time for the first race, except as otherwise provided.

(3) A person other than a veterinarian may not have in his possession equipment for hypodermic injection of a substance for hypodermic administration. A person other than a veterinarian may not have a foreign substance, within the area of the race track complex, which can be administered internally to a horse by a route, except for an existing condition and as prescribed by a veterinarian. The supply of the prescribed foreign substance, by a veterinarian, shall be limited by ethical practice consistent with the purposes of this paragraph.

(4) A foreign substance may not be found in a test sample of a 2-year-old.

(5) Notwithstanding paragraph (3), a person may have in his possession within a race track complex a chemical substance for use on his own person. If the chemical substance is prohibited from being dispensed by Federal or State law without a prescription, he shall possess documentary evidence that a valid prescription for the chemical substance has been issued to him.

(b) Definitions. The following words and terms, when used in this section and § § 163.303—163.318, have the following meanings, unless the context clearly indicates otherwise: Bleeder—A horse which hemorrhages from the respiratory tract during a race or within 1 hour post race, or during exercise or within 1 hour of the exercise. Bleeder list—A tabulation of bleeders to be maintained by the Commission. Chemist—An official racing chemist designated by the Commission. Foreign substances—Substances except those which exist naturally in the untreated horse at normal physiological concentration.

Furosemide—4-chloro-N-(2-furylmethyl)-5-sulfamoylanthranilic acid. Horse—Horses registered for racing under the jurisdiction of the Commission or Board, and for the purposes of this section and § § 163.303—163.318 mean stallion, colt, gelding, ridgling, filly or mare. Hypodermic injection—An injection into or under the skin or mucosa, including intradermal injection, subcutaneous injection, submucosal injection, intramuscular injection, intravenous injection, intra-arterial injection, intra-articular injection, intrabursal injection, intraocular (intraconjunctival) injection. Race day—The 24-hour period prior to the scheduled post time for the first race. Security area—The area surrounding the security stall delineated by the Commission and controlled by it. Security stall—The stall assigned by the Commission to a horse on the bleeder list, for occupancy as a prerequisite for receiving bleeder medication, sometimes called the detention stall. Test level—The concentration of a foreign substance found in the test sample. Test sample—A body substance including but not limited to blood or urine taken from a horse under the supervision of the Commission veterinarian and in a manner prescribed by the Commission for the purpose of analysis. Veterinarian—A veterinary practitioner authorized to practice on the race track.

The provisions of this § 163.302 amended July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51667).

In holding that the Commission correctly refused to disqualify from the purse, a horse which showed a prohibited level of phenylbutazone, the Court noted that the present drug regulations are contained in 58 Pa. Codes § § 163.302—163.312. Meyer v. Horse Racing Commission, 456 A.2d 1164 (Pa. Cmwlth. 1983).

The discovery of lidocaine in a horse’s urine following a race was sufficient to support the imposition of liability upon a trainer under this section and 58 Pa. Code § 163.303. Sipp v. Horse Racing Commission, 466 A.2d 296 (Pa. Cmwlth. 1983).

Possession of prohibited drug paraphernalia by a horse trainer was a violation of 58 Pa. Code § 163.302(a)(3) even though there was no evidence that the paraphernalia contained any trace of a prohibited drug. Paoli v. Horse Racing Commission, 473 A.2d 243 (Pa. Cmwlth. 1984).

Notwithstanding the fact that a urine sample test disclosed the presence of a prohibited drug, the court held that 58 Pa. Code § 163.302(a)(1) was not violated because there was no evidence verifying the chain of possession from the sample procured to the horse in question. Paoli v. Horse Racing Commission, 473 A.2d 243 (Pa. Cmwlth. 1984).

A horse is prohibited from participating in a race if it is carrying in its body a foreign substance with certain exceptions. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

It was a violation of this section for a horse trainer to negligently allow a horse to ingest caffeine from discarded coffee and cola drinks in the barn; the trainer has a positive duty to protect his horses from the administration of a foreign substance. Yanofsky v. Horse Racing Commission, 537 A.2d 92 (Pa. Cmwlth. 1988).

This section cited in 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.303 Prohibition; prima facie evidence; disqualification.

(a) A horse participating in a race may not carry in its body a substance except as provided in § 163.304 (relating to substances of therapeutic value).

(b) A finding by the chemist that a foreign substance is present in the test sample shall be prima facie evidence that the foreign substance was administered and carried in the body of the horse while participating in a race. This finding shall also be taken as prima facie evidence that the trainer and his agents responsible for the care or custody of the horse has been negligent in the handling or care of the horse.

(c) A finding by the chemist of a foreign substance or an approved substance used in violation of this section and § § 163.301, 163.302 and 163.304—163.308 in a test sample of a horse participating in a race may result in the horse being disqualified from purse money or other awards except for purposes of parimutuel wagering, which shall be in no way affected.

The provisions of this § 163.303 amended through April 24, 1981, effective April 25, 1981, 11 Pa.B. 1391. Immediately preceding text appears at serial page (56247).

The finding of a foreign substance in a test sample from a horse is prima facie evidence that the trainer and his agents responsible for the care or custody of the horse may have been negligent in the handling or care of the horse. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

Since horse was left unattended for two to three daylight hours daily, the fact that horse trainer hired night watchman was insufficient to rebut presumption of negligence created under 58 Pa. Code § 163.303(b) when a prohibited foreign substance was found in a test sample. Brown v. Horse Racing Commission, 499 A.2d 1132 (Pa. Cmwlth. 1985).

The discovery of lidocaine in a horse’s urine following a race was sufficient to support the imposition of liability upon a trainer under this section and 58 Pa. Code § 163.302. Sipp v. Horse Racing Commission, 466 A.2d 296 (Pa. Cmwlth. 1983).

Subsection (c), as it read on March 13, 1981, the date of the race, required a horse which had an impermissible level, as set out in 58 Pa. Code § 163.304(2), of the drug phenylbutazone in its system ‘‘shall’’ be disqualified from purse money, and the Commission’s reversal of such a disqualification was clear error even though the section later was changed to ‘‘may’’ be disqualified from purse money. Bush v. Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.304 Substances of therapeutic value.

A foreign substance of accepted therapeutic value may be administered as prescribed by a veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Advisory Committee of the National Association of State Racing Commissioners and approved by the Commission.

(1) Only one approved nonsteroidal anti-inflammatory drug (NSAID) may be present in the body of a horse while it is participating in a race. The presence of more than one NSAID at any test level is forbidden.

(2) The test level of phenylbutazone under this section may not be in excess of two micrograms (mcg) per milliliter (ml) of plasma.

(3) The test level of oxyphenbutazone under this section may not be in excess of two micrograms (mcg) per milliliter (ml) of plasma.

(4) The administration of furosemide shall be permitted for the prophylactic treatment of a confirmed bleeder under the conditions and guidelines set forth in § 163.305 (relating to bleeder list), and with the approval of the Commission veterinarian.

The provisions of this § 163.304 amended July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial pages (51667) to (51668).

Paragraph (2), as it read on March 13, 1981, required a horse which had an impermissible level, as set out in 58 Pa. Code § 163.303, of the drug phenylbutazone in its system to be disqualified from purse money was mandatory and the Commission’s reversal of such a disqualification was clear error. Bush v. Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.305 Bleeder list.

(a) In order to obtain approval for the administration of furosemide, the bleeder horse shall be placed on the bleeder list.

(b) Only the following horses shall be placed on the bleeder list:

(1) A horse, which during the race or within the first hour immediately following a race, is observed by the Commission veterinarian to be shedding blood from one or both nostrils or is found to have bled internally. The Commission veterinarian may require an endoscopic examination of the horse in order to confirm inclusion on the bleeder list.

(2) A horse which bled during exercise on the race track or within the first hour following the exercise is subject to the same conditions as in paragraph (1).

(3) A horse may be placed on the bleeder list when the Commission veterinarian, prior to the implementation of this subsection, determined that the horse qualified for bleeder medication in accordance with paragraphs (1) and (2).

(c) The endoscopic examination provided for in subsection (b)(1) shall be conducted by a veterinarian licensed by the Commission and employed by the owner or his agent, and shall be conducted in the presence of and in consultation with the Commission veterinarian. The endoscopic examination shall be conducted within 1 hour of the finish of the race or exercise in which the horse has participated and bled, and must reveal hemorrhage in the lumen of the respiratory tract. Endoscopic examination under this subsection shall be at a time and place set by the Commission veterinarian and shall be conducted in his presence.

(d) The confirmation of a bleeder horse shall be certified in writing by the Commission veterinarian and entered by him on the bleeder list. A copy of the certification shall be issued to the owner of the horse or his agent upon request.

(e) Two-year-olds shall be ineligible for bleeder medication.

(f) A confirmed bleeder regardless of age shall be placed on the bleeder list. An up-to-date bleeder list shall be maintained and posted in the office of the secretary by the Commission.

(g) A horse shall be removed from the bleeder list only upon the direction of the Commission veterinarian, who shall certify in writing to the Commission or Commission steward his recommendation for removal.

(h) Once a horse is placed on the bleeder list it shall be presented to the prerace security stall between 4 1/2 and 5 1/2 hours prior to the post time of the race in which the horse is scheduled to start. Once placed in the security area, a horse shall remain in there until it is taken to the paddock to be saddled for the race. The bleeder medication shall be administered no less than 4 hours prior to post time of the race in which the horse is scheduled to run.

(i) Immediately prior to treatment, a blood sample shall be taken by the Commission veterinarian and delivered to the testing laboratory using the standard procedure for collection, identification and transmittal as is used in routine testing.

(j) Bleeder medication shall be administered by a veterinarian licensed by the Commission and employed by the owner of the horse or by his agent and at a dose level not to exceed that recommended by the manufacturer and approved by the Commission veterinarian. The administration of bleeder medication shall be witnessed by the Commission veterinarian or an inspector assigned by him.

(k) While in the security area, the horse shall be in the care, custody and control of the trainer or a licensed person assigned by him. The trainer shall be responsible for the condition, care and handling of the horse while it remains in the security area.

(l) A bleeder horse shipped into this Commonwealth from another jurisdiction shall comply with the procedure outlined in this section. However, a bleeder horse shipped into this Commonwealth from another jurisdiction may be automatically placed on the bleeder list if the jurisdiction from which it was shipped qualified it as a bleeder using criteria which the Commission determines substantially complies with this section. A current certificate setting forth his qualifications as a bleeder shall be transmitted to the steward at the track in this Commonwealth to which it is shipped, prior to running in a race.

(m) If a horse bleeds during or following a race after being administered bleeder medication, the horse will be placed on the veterinarian’s list and will not be permitted to race until the horse is observed during a workout by a State veterinarian. If the horse does not bleed during or following the workout, the State veterinarian may remove the horse from the veterinarian’s list.

The provisions of this § 163.305 amended July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51668).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification); 58 Pa. Code § 163.304 (relating to substances of therapeutic value); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.306 Racing soundness examination.

(a) A horse entered to race shall be available for a veterinary examination for racing soundness and health on race day. Horses entered to start in races one through five are required to be present 1 1/2 hours prior to the published post time of the first race. Horses entered to start in races six through the last race are required to be present 1 1/2 hours prior to the published post time of the fifth race.

(b) Commission stewards are granted the discretion to waive the time limits outlined in subsection (a) in proper and exceptional circumstances. They may not waive the prerace soundness examination, which will be conducted on all horses.

(c) The examination shall be referred to as the racing soundness exam.

(d) The examinations shall be conducted in or near the stall to which the animal is assigned and shall be conducted by a veterinarian employed by the Commission or approved by it.

(e) The veterinarian shall cause to be kept a continuing health and racing soundness record of each horse so examined.

(f) A horse which suffers a breakdown on the race track, in training or in competition, and is destroyed, and every other horse which expires while stabled on the race track under the jurisdiction of the Commission, shall undergo an examination at a time and place acceptable to the Commission veterinarian to determine the injury or sickness which resulted in euthanasia or natural death.

(g) The examination required under this section will be conducted by a veterinarian employed by the owner or his trainer in the presence of and in consultation with the Commission veterinarian.

(h) Test samples shall be obtained from the carcass upon which the examination is conducted and shall be sent to a laboratory approved by the Commission for testing for foreign substances and natural substances at abnormal levels. When practical, samples should be procured prior to euthanasia.

(i) The owner of the deceased horse shall make payment of charges due the veterinarian employed by him to conduct the examination. The services of the Commission veterinarian and the laboratory testing of samples shall be made available by the Commission without charge to the owner.

(j) A record of an examination shall be filed with the Commission by the owner’s veterinarian within 72 hours of the death and shall be submitted on a form supplied by the Commission.

(k) Each owner and trainer shall accept the responsibility for the examination provided for in this section as a requisite for maintaining the occupational license issued by the Commission.

The provisions of this § 163.306 amended through November 7, 1980, effective November 8, 1980, 10 Pa.B. 4298. Immediately preceding text appears at serial page (51668).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.307 Examination by veterinarian.

(a) An owner or his authorized agent or trainer of a horse entered to race on a race track licensed by the Commission shall immediately when requested by the Commission or its agents, submit a horse, of which he is the owner or authorized agent or trainer to a veterinary surgeon designated by the Commission for the examination or tests as the veterinarian may deem advisable to make.

(b) During the taking of the sample by the veterinarian representing the Commission or his delegate, in a detention area designated by the Commission, the owner, trainer, authorized agent or chemist representing them may be present and witness the procedure. In no event may a person be present in the area during a testing procedure who does not hold a valid current occupational license from the Commission. The sample shall be immediately sealed and the evidence of the sealing may be indicated thereon by the signature of the representative of the owner or trainer. The owner or trainer or chemist representing them shall have the right to attend and witness the examination and testing.

The provisions of this § 163.307 amended through July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51669).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.308 Official laboratory.

(a) The Commission will have authority to direct the official laboratory to retain and preserve by freezing samples for future analysis.

(b) The fact that purse money has been distributed prior to the issuance of a laboratory report may not be considered a finding that no chemical substance has been administered, in violation of this section and § § 163.302—163.307 and 163.309—163.318, to the horse earning the purse money.

(c) The Commission will bear the costs of necessary testing equipment exclusive of testing equipment located at the designated horse racing laboratory. The Commission will also bear the costs of personnel, supplies and testing necessary for the implementation, operation and enforcement of the drug control program.

(d) The racing associations shall bear the cost of a facilities, including but not limited to designated detention areas, necessary for the implementation, operation and enforcement of the drug control program.

The provisions of this § 163.308 amended through July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51669).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.303 (relating to prohibition; prima facie evidence; disqualification).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.309 Responsibilities to guard against administration of drugs.

The owner, trainer, groom or other person who is charged with the responsibility of the horse shall protect the horse against the administration or attempted administration, either internally or externally, of a drug to the horse. If the stewards determine that an owner, trainer, groom or other person has failed to protect the horse they may immediately suspend the trainer, groom or other person and refer the matter to the Commission for final disposition.

Since horse was left unattended for 2 or 3 daylight hours daily, the fact that horse trainer hired night watchman was insufficient to rebut presumption of negligence created under 58 Pa. Code § 163.303(b) when a prohibited foreign substance was found in a test sample Brown v. Horse Racing Commission, 499 A.2d 1132 (Pa. Cmwlth. 1985).

Horse trainers are specifically charged with the obligation to guard against the administration of any drug to his horse. Worthington v. Horse Racing Commission, 514 A.2d 311, 312 (Pa. Commw. 1986).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.310 Persons found guilty of administration of drugs.

A person found guilty by the Commission of participation in or knowledge of the fact that a narcotic, stimulant or drug has been administered to a horse shall be ruled off of all tracks in this Commonwealth. If a person licensed by the Commission to operate a race track, or if an officer or director of an association or corporation licensed by the Commission to operate a race track is found guilty by the Commission of participation in or knowledge of the fact that a narcotic, stimulant or drug has been administered to a horse, the license of the person or association shall be revoked.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.311 Suspension of horses.

Horses suspended under this section, in which the person suspended or ruled off holds an interest, aside from the trainer’s percentage, in order to be eligible for reinstatement shall be sold, the sale subject to the approval of the stewards at the track where the horses are to be entered to race. Horses trained by a suspended person, in which he has no interest, are automatically reinstated when placed in the hands of a licensed trainer and the transfer is approved by the stewards of a meeting and the Commission.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.312 Possession of illegal drug devices.

The stewards or the Commission, or both, or their designees, shall have the right to enter buildings, stables, rooms or other places within the grounds of an association, and to examine them and to inspect and examine the personal property and effects of a person, within these places. A person granted a license by the Commission, by accepting his license, consents to the search and seizures of hypodermic syringes, hypodermic needles or other devices, and drugs, stimulants or narcotics which could be, used in connection therewith, or appliances—electrical, mechanical or otherwise—other than the ordinary equipment, of the nature as could affect the speed or racing condition of a horse.

The provisions of this § 163.312 amended through July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51670).

A jockey who obtains a license from the commission consents to a warrantless search and seizure of drugs and drug paraphernalia whether or not the drugs might be used to affect the speed or racing condition of the horse. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.313 Urine samples.

A urine sample of the winner of each race and of a horse running an unusual or abnormal race and of any other horse as the stewards or the Commission may direct shall be taken. In the event of difficulty in taking or securing a sample:

(1) A veterinarian may inject an amount up to and including 2 cc. of an approved diuretic for the purpose of enhancing the securing of a sample upon securing written consent from the trainer.

(2) If a urine sample cannot be obtained within 2 hours after a horse has been received at the detention barn, a blood sample shall be secured by a veterinarian.

(3) The veterinarian in charge of the detention barn may, in his sole discretion, take a blood sample in lieu of a urine sample at any time if he believes it physiologically to be for the best interest of the horse.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.314 Horses with desensitized nerves.

A horse that has been nerved, blocked with alcohol or other medical drug that desensitizes the nerves above the ankle is not be permitted to race.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.315 Test reports.

Urine or blood test reports prepared by the official chemist of the Commission shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary.

The provisions of this § 163.315 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 611.

The purpose of the presumption in this section, which places an affirmative burden of proof on the alleged violator and deeming urine or blood test reports prepared by official chemists of the Commission to be prima facie correct is to simplify the Commission’s burden by eliminating the necessity for the attendance at the hearing of every person involved in the procurement and actual testing of the samples. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

Blood and urine tests are accorded prima facie correctness to eliminate the necessity for the attendance at the hearing of every person involved in the procurement and testing of the sample. Wise v. Horse Racing Commission, 514 A.2d 308 (Pa. Cmwlth. 1986).

The petitioner did not meet his burden of proof in showing that straws, containing cocaine, were not sealed in a plastic bag after seizure and, therefore, supporting his argument that the chain of custody was broken as the steps taken in collecting, preserving and handling a specimen tested by the Commission’s official chemist are deemed proper unless affirmative proof to the contrary is shown. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.316 Repeated offenses by owners and trainers.

An owner or trainer who once having been suspended for a violation of this chapter, or of the same or similar rule in another racing jurisdiction, and who is thereafter found guilty of a further violation by this Commission, or another racing commission or turf governing body shall be considered guilty of a second offense, and the owner or trainer or both shall be ruled off the tracks in this Commonwealth.

The provisions of this § 163.316 adopted July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.317 Mistreatment of horses.

A licensee or other person under the jurisdiction of the Commission may not alone or in concert with another person permit an animal under his control to be subjected to a form of cruelty, mistreatment, neglect or abuse or abandon, or to injure, maim or kill or administer a noxious or harmful substance to or deprive an animal of necessary care, sustenance, shelter or veterinary care.

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.318 Split samples.

(a) The test sample of the winner of each race and of horses finishing in the money in a race for which there is exotic wagering shall be taken, and a test sample shall be taken from other horses as the Commission or stewards may direct. If there is a problem in securing a test sample, the following procedures apply:

(1) A veterinarian may inject up to 1/2 cc. of Lasix to enhance securing a sample upon the written approval of the trainer.

(2) If a urine sample is not obtained in 2 hours and either the trainer or the veterinarian elects not to induce the sample by Lasix, a blood sample shall be taken upon the written approval of the trainer.

(3) In all cases a urine sample, a urine sample induced by Lasix or a blood sample shall be secured, regardless of delay involved.

(b) The urine or blood sample secured under the procedures as set forth in subsection (a), shall be split into two parts. One portion shall be delivered to the Commission’s official chemist for testing. The remaining portion shall be maintained at the detention barn from where it was secured. Both portions shall be stored and shipped at the same range of temperatures and kept and transported in similar fashion.

(1) Urine will not be split if less than 50 cc. are obtained. In these instances, either a blood sample shall be taken or the horse detained until an adequate urine sample can be secured. In every event, ‘‘primary’’ and ‘‘split’’ portions of a sample shall always be taken at the same time and shall be of the same substance.

(2) Blood samples shall initially be taken in a quantity to insure that ample portions shall be obtained.

(c) Upon application by the trainer or owner of the horse in question, the split portion of the sample taken shall be tested by a laboratory designated by the Commission and approved by the Horsemen’s Benevolent and Protective Association.

(d) If the test confirms the findings of the original laboratory, it is considered to be a prima facie violation of the applicable provisions of this chapter.

(1) If the test of the split portion does not substantially confirm the findings of the original laboratory, the Commission will not consider the sample to constitute a prima facie violation of this chapter and no penalty will be imposed.

(2) In order that the split sample be tested, the owners or trainers of the horse in question shall request in writing to the Commission that the split sample be retested. The request shall be received by the Commission within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the original laboratory. The reasonable time is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance. If the findings of the split sample laboratory substantially confirm the findings of the original laboratory, the owners or trainers requesting the testing of the split sample shall be responsible for the payment of expenses involved in the testing of the split sample. If the findings of the split sample laboratory do not substantially confirm the findings of the original laboratory, the Commission will assume testing costs of the split sample.

(3) If the Commission is unable to secure the services of a laboratory to test the split portion of a sample, the Commission will have the option of having the split sample retested at the laboratory which tested the original sample. The owner and trainer affected will be notified by the Commission. If the owner or trainer does not wish to have the split sample retested at the laboratory conducting the original test, the individual may, within 24 hours, attempt to secure the services of a laboratory acceptable to the Commission to conduct the split sample retesting.

(4) If the Commission, within 24 hours, is unable to contact the trainer or owner affected by calling him at the telephone number on his latest license application or track location at the track where the sample was taken, the Commission will have the retesting undertaken by the laboratory which tested the original sample.

(e) If an Act of God, power failure, accident, strike or other action prevents a retest from being made which is beyond the control of the Commission, the results of the primary official test shall be accepted as prima facie evidence.

(f) During the pendency of a proceeding involving a claim that a horse has run with proscribed medication, the stewards shall see that notice of the proceeding is posted in the office of the Secretary at tracks in this Commonwealth where the horse may run or be offered for sale. The obligation shall continue until the horse is sold or transferred or until a final determination of the medication violation is handed down which is not appealed, whichever occurs first.

The provisions of this § 163.318 amended through January 22, 1982, effective January 23, 1982, 12 Pa.B. 394. Immediately preceding text appears at serial pages (56257) and (60185).

Loss of the Split Sample

The State Horse Racing Commission was entitled to consider the findings of the primary sample to constitute prima facie evidence of a violation sufficient to impose a fine or permanently revoke the race horse trainer’s license even though there was no confirming test results from the split sample, where the split sample was stolen while in the custody and control of the commission’s agent, Airborne Express, and the theft, barring active participation, was an act that was outside the control of the Commission. Monaci v. State Horse Racing Commission, 717 A.2d 612 (Pa. Cmwlth. 1998).

The action of throwing away and thus destroying a split sample by employes of the Commission after the samples had been covered with soot by a fire was tantamount to a denial of administrative due process. Delaney v. State Horse Racing Commission, 535 A.2d 719 (Pa. Cmwlth. 1988).

Prima Facie Violation

Verification of a positive horse blood or urine sample by an independent laboratory shall establish a prima facie violation of these regulations. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

Split Samples

Test samples of blood or urine must be obtained from every horse winning a race, and from all horses finishing ‘‘in the money’’ in a race for which there is exotic wagering. The samples shall be split in two parts, one of which is to be delivered to the Commission’s official chemist for testing, with the remaining portion of the sample held at the detention barn for independent testing if required. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.331 Race meetings.

At race meetings licensed by the Commission, racing officials shall be subject to approval by the Commission at all times during the meetings. The officials shall enforce this chapter and shall render regular written reports of the activities and conduct of the race meetings to the Commission.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.332 Definition.

The term ‘‘racing official’’ as used in this chapter at a race meeting shall include: three stewards, the prescribed number of placing judges and patrol judges, the clerk of scales, a horse identifier, a starter, a paddock judge, a racing secretary, an assistant racing secretary, the handicapper, a timer, Commission veterinarians, the prescribed number of track veterinarians, a mutuel manager and a chief of security.

This section cited in 58 Pa. Code § 163.333 (relating to appointment of officials).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.333 Appointment of officials.

One of the stewards and two veterinarians shall be appointed by the Commission and shall represent the Commission. The steward so appointed shall serve as the chief steward at each race meeting. Other racing officials listed in § 163.332 (relating to definition) shall be appointed by the association, subject to the approval of the Commission. Each association shall submit a complete list of the other proposed officials for approval not less than 30 days prior to the start of a race meeting. Approval of officials is within the sole discretion of the Commission. The approval shall be a continuing privilege and may be modified or withdrawn by the Commission. It may create no vested rights.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.334 Conflict of interest.

A racing official may not participate in the supervision, regulation or review of a race in which either he and a member of his family, or a business partner, agent, associate, employe or joint or co-venturer has participated or in which any of them has had an interest in the event there is an objection, protest, claim of foul or dispute raised with regard to the race.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.335 Wagering forbidden.

A racing official may not wager or have a form of interest in a wager of money or other value on the result of a race at the meeting.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.336 Gratuities, rewards, favors and interests.

(a) A person may not offer to and no racing official may accept, directly or indirectly, a gratuity, reward or favor in connection with racing at the meeting.

(b) A racing official may not, directly or indirectly, for a commission, gratuity or otherwise, sell, buy or hold for himself or for another a form of interest in a thoroughbred horse that is run or entered at a meeting where he is officiating.

(c) A racing official may not, directly or indirectly, buy, sell or hold an interest in a contract upon a jockey or apprentice jockey.

(d) A racing official may not write or solicit horse insurance at the meeting.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.337 Reporting of violations.

A racing official shall forthwith report to the stewards possible evidence of violations of this chapter.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.338 Application for position of steward.

Before a person may be approved as a steward, the person shall have had the following experience:

(1) Five years experience as a licensee of an authorized racing commission of the United States or Canada.

(2) The applicant shall have served as one of the following:

(i) A licensed racing official or participant at recognized thoroughbred race meetings in the United States or Canada for no less than a total of 300 days of service in one or more of the following categories: patrol judge, placing judge, paddock judge, clerk of scales, horse identifier, racing secretary or assistant racing secretary and starter.

(ii) A licensed, practicing trainer or jockey for a period of not less than 5 years.

(3) In addition to the service, each applicant shall be required to take and pass both a written and oral examination, which shall be prepared and administered by the Commission following consultation with designated representatives of the Pennsylvania H.B.P.A., the Jockeys’ Guild, Pennsylvania Horse Breeders’ Association, Commission veterinarians and representatives of the management of licensed thoroughbred racing associations in this Commonwealth. Representatives of each consulting body shall be granted the opportunity to be present during the oral examination and the representatives shall have the right to question an applicant before the Commission. The scoring and judging of the tests and examinations are vested solely within the power of the Commission.

(4) There shall be an advisory screening panel constituted at the call of the Commission which has the right to review and recommend candidates for the vacancies in the office of State steward as the vacancies exist. The advisory panel shall consist of representatives of the Pennsylvania H.B.P.A., the Jockeys’ Guild, the Pennsylvania Horse Breeders’ Association, Commission veterinarians, representatives of the management of licensed thoroughbred racing associations in this Commonwealth, and the Executive Secretary of the Commission and the other Commission personnel as the Commission designates.

(5) A person who is licensed and served as an approved steward in this Commonwealth during 1978 is deemed by virtue of the service to be fully qualified and to be exempt from paragraphs (2) and (3). A steward who has completed a similar period of service in that office at licensed race meetings in other states shall be exempt from the requirement of taking the written examination, except insofar as it pertains to this chapter. An applicant is, however, required to come before the Commission for an oral examination, as provided in this section.

The provisions of this § 163.338 issued under the Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402).

The provisions of this § 163.338 amended March 4, 1983, effective March 5, 1983, 13 Pa.B. 888. Immediately preceding text appears at serial page (51676).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.339 Optical examination required.

Before being approved by the Commission, stewards, placing judges, patrol judges, timers, starters and clerks of the scales shall be examined by a certified optometrist or ophthalmologist and secure a certificate that they have passed the optical examinations as the Commission may require. The examination may be made a precondition of service as an official in the discretion of the Commission.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.340 Power of stewards.

(a) In matters pertaining to racing, the orders of the stewards shall supersede the orders of the officers and directors of the association. The stewards shall have the power and duty to regulate and supervise the conduct of racing officials and of owners, trainers, jockeys, grooms and other persons attendant on horses during, before and after races, unless the power and the duty is exclusively vested in the Commission.

(b) The authority of each board of stewards shall extend from 12:01 a.m. of the day upon which entries commence to be taken for a meeting at which they are approved to sit and shall continue until midnight of the third day following the last racing day of each meet. If a dispute is unresolved at the time, it may be heard later or disposed of by the stewards or referred to the Commission. This section does not limit the power of a board to impose sanctions continuing beyond the end of a meeting or to decide a matter occurring and heard before the end of the third day following the end of the meeting. In addition to other reports required of them, the stewards shall immediately at the end of the third day following the end of a meeting specifically report to the Commission the matters still pending before them that have not been finally resolved. The requirement may not apply where there is a succeeding meeting approved to commence at the same track within no less than 30 days. In the latter event, the power of the board of stewards at both meetings, is deemed to be continuing and sustaining.

(c) In the performance of duty, the stewards shall have reasonable control over and unrestricted access to stands, weighing rooms and jockey rooms, stables, barns and other areas of the enclosure.

(d) The stewards shall have the power to determine questions arising with reference to entries and racing.

(e) The stewards shall have the power to punish a person for violation of this chapter subject to their control and to impose fines or suspensions or both for infractions whether arising from complaint, protest, independent investigation, reference or request by the Commission or their own initiative. The stewards may not impose a fine in excess of $250. If it is deemed appropriate that a larger fine should be imposed, the stewards shall recommend to the Commission and shall refer the matter at hand to the Commission. The stewards shall have the power to refer a matter before them to the Commission if it appears proper because of the complexity, severity, uniqueness or extent of the activities likely to be involved. Included within these powers is the authority to impose partial sanctions, such as conditional limitations on a persons usage of facilities or of the enclosure.

(f) The stewards may suspend a person or disqualify a horse for fixed periods of time or under other conditions they may deem appropriate or as may be specified by this chapter. If a person is indefinitely suspended or is ordered suspended for more than the balance of a meeting, the matters shall promptly be referred to the Commission for final disposition.

(g) The stewards shall have the power to exclude or eject from premises and enclosures of the association a person who:

(1) Is disqualified for corrupt practice on the turf in any country.

(2) Is under an order of suspension or revocation or has been denied a license or ruled off by a racing commission or board of stewards.

(3) Is an improper or objectionable person, under section 12.1 of the act of December 11, 1967 (P. L. 707, No. 331) (15 P. S. § 2662.1(a)) (Repealed).

(h) The stewards may postpone a race from race day to race day.

(i) The stewards shall have the power to cause to be examined a horse stabled on the association grounds, or in a stabling area approved by the association.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.341 Duties of stewards.

(a) The three stewards shall be on duty during race time, which means from 1 hour before post time for the first race of the day until the time the result of the last race of the day has been made official.

(b) At least one of the stewards, or his deputy, shall be on duty within call of the racing secretary from the time of the opening of overnight entries each morning until after the time allowed for filing of protests or objections to entries or assignment of post positions.

(c) A steward may appoint his own deputy for a period not to exceed 1 racing day.

(d) If there are less than three stewards present at race time, the State steward, or in his absence, a remaining steward shall appoint another qualified person to act as steward pro tem.

(e) The three stewards shall be present and on duty in the stand whenever a race is being run. During race times, they shall remain at the stand, in the paddock or otherwise readily available to the participants at the meet.

(f) When a vacancy occurs among the racing officials, other than the stewards, prior to post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, the stewards have the power to immediately fill the vacancy. An appointment shall be effective only for the day. If the association fails to fill the vacancy before the following day or fails to secure Commission approval for the appointment, the stewards may reappoint the official from day-to-day pending action.

(g) The appointment shall be reported immediately to the Commission.

(h) The stewards shall take notice of questionable conduct with or without complaint thereof and may undertake proceedings upon their own initiative.

(i) In default of designation by the trainer, the stewards may substitute a jockey of their selection on a horse if they deem it appropriate.

(j) The stewards may place a horse in the temporary charge of a trainer of their selection if they deem it appropriate.

(k) It is the duty of the stewards to see to it that horses arrive at the starting post as nearly as practical at the advertised post time. A person responsible for delay in arrival of a horse will be subject to fine or penalties.

(l) In case of accident, casualty or a sudden impairment that would reasonably be likely to impair the ability of a horse to perform occurring prior to off time, the stewards may excuse the horse. A detailed written record of each excusing shall be indicated on the daily report.

This section cited in 58 Pa. Code § 165.14 (relating to number of racing days).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.342 Report and investigation of protests and complaints.

(a) A horse whose starting is obligatory is expected to run the course. The stewards may order the withdrawal of a horse up to the actual start of a race to protect the public interest.

(b) The stewards shall investigate promptly and render a decision in every protest and complaint properly made to them.

(c) The stewards shall report protests and complaints to the Commission promptly, and shall make prompt report to the Commission of their decision. Unusual or substantial complaints shall be reported to the Commission during their pendency. A record of the status of complaints, protests, proceedings and investigations shall be maintained with the Commission.

(d) The stewards shall, after the closing of each day, file with the Commission a signed report of infractions of this chapter coming under their observance that day, of excusings of horses after scratch time, of other pertinent incidents occurring during the day and shall file with the Commission a complete copy of the rulings and decisions made.

(e) During the term of suspension of a jockey, owner, trainer or other person on a race track under the jurisdiction of the Commission, the stewards shall have the power and duty to see that the validation of the offender is taken up and that he is refused admission to the course during the full term of suspension. A person under suspension for an offense not involving fraud, moral turpitude or willfull misconduct may be permitted the privileges or limited or conditional privileges of the grounds during a period of suspension.

(f) Except in emergencies, a steward may not grant permission for a change of horses’ equipment after scratch time on the day of the race in which the changed equipment is to be carried.

(g) In case of accident or casualty to a horse before off time, the stewards may excuse the horse.

(h) The stewards shall report protests and complaints to the Commission promptly, and shall make prompt report to the Commission of their decision.

(i) The stewards shall, after the closing of each day, file with the Commission a signed report of infractions of the rules coming under their observance that day; and file with the Commission rulings on infractions or otherwise, as soon as the rulings are made.

(j) During the term of suspension of a jockey, owner, trainer or other person on a race track under the jurisdiction of the Commission, it shall be the duty of the stewards to see to it that the badge of the offender is taken up and that he is refused admission to the course. A person under suspension for an offense not involving fraud or moral turpitude may be permitted the privileges of the grounds during the period of his suspension.

(k) In case of suspension or fine by the stewards of owners, trainers or other persons holding an occupational or participational license, a final order may be entered by the Commission, which may either sustain the ruling of the stewards, increase the penalty, reinstate the offender, or otherwise modify the penalty, as it believes appropriate to the circumstances.

The provisions of this § 163.342 amended through April 11, 1979, effective April 14, 1979, 9 Pa.B. 1306.

The provisions of 58 Pa. Code § 163.342(k) are applicable only to suspensions or fines, and not to the sanction of forfeiture of a purse. Bush v. Commonwealth Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.361 Duties of starter.

(a) Only the starter or a deputy starter approved by him and by the stewards may start a race.

(b) The starter shall give the orders and take the measures necessary to insure a fair start.

(c) The decision of the starter as to the validity of a start shall be final, likewise, his decision as to whether or not a horse was locked in the gate shall be final, unless otherwise established by examination of the film of the race.

(d) The starter may appoint his assistant subject to the approval of the stewards.

(e) A horse is in the hands of the starter from the moment it enters the track on the way from paddock to post. The horse remains in his hands until off time.

(f) In case the alignment of the horses at the post is delayed, the starter may permit jockeys to dismount and their mounts to be attended.

(g) If, after reaching the starting post, a horse is so badly injured as to make it impractical or impossible for him to run in the race, the starter may, in the interest of time saving, excuse that horse, but shall notify the stewards before he starts the race. A horse so excused shall to all intents and purposes be considered as excused by the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.362 Order of horses.

A horse shall take its position in numerical order from the inside rail, that order to be determined by post positions.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.363 Use of starting gate.

(a) A flat race shall be started out of a starting gate approved by the Commission.

(b) [Reserved].

(c) [Reserved].

(d) If the starter or his assistants are unable, after reasonable efforts, to place a horse in its assigned position in the gate for a satisfactory start, or if a horse is fractious or unruly, the starter may order the horse into a different gate position or that it be placed outside of the gate behind the starting line or deny it the right of entry until it may be reinstated.

The provisions of this § 163.363 amended through January 23, 1981, effective January 24, 1981, 11 Pa.B. 419. Immediately preceding text appears at serial page (51682).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.364 Delay of start.

The start may not be delayed on account of a bad-mannered horse.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.365 Schooling.

(a) The starter shall maintain a schooling list, and a horse shall be schooled, if and when required, under the personal supervision of himself or his assistants.

(b) Only the starter shall have the authority to designate the horses which shall constitute the schooling list.

(c) The starter shall file a copy of the schooling list with the racing secretary.

(d) The starter shall report to the racing secretary as soon as a horse on the list has been schooled sufficiently to be permitted to start.

(e) A horse will not be eligible to start until the starter orders the name stricken from his schooling list.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.366 Fines and suspension.

(a) The starter may fine or suspend a jockey for disobedience of orders for attempting an unfair advantage, but the fine may not exceed $250. The suspension shall take effect in the same manner as provided in § 163.182 (relating to suspension).

(b) The starter shall report in writing to the stewards and to the racing secretary, fines and suspensions which he has imposed and no fines or suspensions, so reported, may be modified other than by the authority of the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.367 Misconduct.

A starter or his assistant may not mistreat or use abusive language to a jockey.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.368 Approval of starting ability of horses.

The approval of the starter of the starting ability of all 2-year-olds shall be obtained before they are permitted to start. Likewise, the starter’s approval shall be obtained for older horses which have never started at a recognized meeting.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.369 Recalls.

When a closed gate is used for starting and the starter has pressed the electric button or signaled by word or otherwise that the race is off there may be no recall.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.370 Notification of stewards of exclusion of horses from race.

If a horse is locked in the gate, or if the starter excuses a horse from a race, he shall, in either or both cases, immediately notify the stewards who in turn shall immediately notify the manager of the pari-mutuel department.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.371 Other individuals on platform.

While exercising his official duties, the racing starter may not permit another individual on the starting platform.

The provisions of this § 163.371 adopted August 8, 1980, effective August 9, 1980, 10 Pa.B. 3269.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.381 Duties of placing judges.

(a) The placing judges shall occupy the placing judges’ stand at the time the horses pass the winning post in a race, and their duty shall be to place and record five horses or as many more as they think proper in order of their finish in each race.

(b) The placing judges shall properly display the numbers of the first four horses in each race in the order of their finish.

(c) When the placing judges differ in their placing the majority shall prevail.

(d) The placing judges shall make public their decision as promptly as possible.

(e) If it is considered advisable to consult a picture from the finish camera, the placing judges shall post, without waiting for a picture, the placements that are in their opinion unquestionable, and after consulting the pictures, make the other placements.

(f) In determining the places of the horses at the finish of a race, the placing judge shall consider only the relative position of the respective noses of the horses.

(g) After the jockeys riding the first five horses to finish have been weighed in and found to have carried the correct weight, the clerk of the scales shall so notify the stewards, who shall notify the placing judges when the result is official.

(h) Upon receipt of the notice the placing judges shall promptly display the sign official.

(i) There may be no alteration of placement after the sign official has been purposely displayed.

(j) Nothing in this chapter may be construed to prevent the placing judges, with the approval of the stewards, from correcting an error before the display of the sign official or from recalling the sign official in case it has been displayed through error.

(k) The placing judges shall enforce § 163.163 (relating to weighing in).

(l) The placing judges shall file with the Commission a daily copy of the official placement of the first five horses in each race of that day, and shall supply to other officials such information in respect to the racing as the association may require.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.391 Duties of racing secretary.

The racing secretary shall discharge the duties of his office expressed or implied, as required by this chapter.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.392 Official program.

(a) The racing secretary shall compile an official program for each racing day, which states the time fixed for the first race and gives the names of the horses which are to run in each of the races of the day.

(b) The program shall indicate the order in which each race is to be run; the purse, conditions and distance of each race; the owner, trainer and jockey of each horse; each owner’s racing colors; the weight assigned to each horse; his number and post position, color, sex, age and breeding. The program may show other pertinent data.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.393 Post positions.

Post positions shall be determined publicly by lot in the presence of the racing secretary or his deputy, one or more stewards or their deputies, and at least one trainer licensed by the Commission.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.394 Complete record of races.

The racing secretary shall keep a complete record of the races.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.395 Receipt and payment of moneys as agent of association.

(a) The racing secretary shall receive the entries and declarations, and he or another person designated by the association may receive the stakes, forfeits, entrance moneys, fees (including jockeys’ fees) purchase money in claiming races and other money that can properly come into his possession as agent for the association for which he is acting.

(b) The racing secretary shall pay over when due, moneys collected by him to the persons that are entitled to receive them.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.396 Inspection of licenses and other documents.

The racing secretary shall have the right to inspect an owner’s, trainer’s or jockey’s license, partnership papers, papers and documents with respect to a contract between a jockey and his employer; and papers relating to the appointment of authorized agents, jockey agents or to the adoption of colors or to stable names.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.397 Stable assignments.

The racing secretary shall assign to applicants the stabling that he deems proper to be occupied by horses in preparation for racing, and he shall determine conflicting claims of stable privilege.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.398 Notification of Commission of changes of trainers.

The racing secretary shall notify the Commission and the stewards daily of changes of trainers as reported to him by owners.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.411 Duties of clerk of scales.

(a) The clerk of the scales shall weigh the jockeys out and in.

(b) The clerk of the scales shall record and publish on the notice board an overweight or a change of jockey, weight, as compared with those stated on the official program and shall promptly supply proper racing officials with pertinent changes.

(c) The clerk of the scales shall promptly report to the stewards an infraction of the rules with respect to weight, weighing or riding equipment.

(d) The clerk of the scales shall report to the racing secretary after each race the weights carried by each horse in each race, together with the name of each horse’s jockey and the overweight carried by a jockey. He shall also report the post time and running time in each race and other data which may be required.

(e) The clerk of the scales shall make riding engagements for jockeys and apprentice jockeys for those riders that may desire him to do so. There will be no charge for these services.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.412 Duties of jockey room custodian.

(a) The jockey room custodian shall see that order, decorum and cleanliness are maintained in the jockey and scale rooms.

(b) The custodian shall assist the clerk of the scales in any way that official requires.

(c) The custodian shall see that no person, other than racing officials, the Commission and the necessary jockey room attendants, is admitted to the jockey room after 2 hours prior to the post time of the first race on a day of racing without consent of the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.421 Duties of paddock judge.

(a) The paddock judge shall be in charge of the paddock and the entire saddling area.

(b) The paddock judge and the horse identifier shall check the contestants for the races and have the horses properly identified.

(c) The paddock judge shall keep a record of equipment carried by the horses under his jurisdiction, permitting no change in unauthorized equipment.

(d) The paddock judge shall, in each race, require the plater in attendance in the paddock to see that the horses are properly shod. The judge shall report the findings of the plater immediately to the stewards.

(e) The paddock judge shall report irregularities to the stewards.

(f) The paddock judge shall exclude from the paddock those persons who are not licensed by the Commission and who have no immediate business with the horses entered, except the members of the Commission and its staff.

The provisions of this § 163.421 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.431 Powers and duties of patrol judges.

(a) An association shall appoint, subject to the approval of the Commission, at least three patrol judges, whose stations are designated by the stewards. The association shall provide some form of direct communication between each station of the patrol judges and the stewards.

(b) They shall be subject to the orders of the stewards, and they shall report to them their pertinent observations in the races and shall file reports on the same in writing if so requested by the stewards.

This section cited in 58 Pa. Code § 163.256 (relating to applicability of other rules).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.441 Duties of timers.

(a) There shall be one or more timers. The timers shall determine the official time of each race.

(b) When electric timing is used, the races shall also be timed otherwise.

(c) The time shall be announced and displayed.

(d) A written report of the time of each race shall be made to the clerk of the scales for the reports to the racing secretary.

(e) The time recorded for the first horse to cross the finish line shall be the official time of the race. If a horse establishes a track record in a race and is subsequently disqualified, the track record shall be void.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.451 Qualifications and exclusions.

The track veterinarian shall be a graduate veterinary surgeon, in good standing and licensed to practice under the laws of the Commonwealth.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.452 Duties of track veterinarians.

(a) The veterinarian shall, in general, familiarize himself with the racing condition of the entrants and if, in his opinion, an entrant is not in condition to race, he shall notify the stewards and the racing secretary before 12:00 of the day of the race.

(b) The track veterinarian shall be present in the paddock before each race, and he shall inspect each entrant. If, in his opinion, an entrant is not in condition to compete in that race, he shall immediately notify the stewards, who shall order the horse scratched out of the race, and the horse automatically shall go on the veterinarian’s list, and thereafter may not be permitted to enter until the veterinarian notifies the racing secretary and the stewards that the horse is again fit to compete.

(c) The track veterinarian shall be attendant on the stewards and the racing secretary at scratch time each morning, and shall examine the horse that they request, and make reports to the racing officials as promptly as possible.

(d) An owner or trainer may not employ a veterinarian who has not been licensed in accordance with the laws of the Commonwealth. A licensed veterinarian desiring to practice at the race track of an association shall be approved by the Commission State veterinarian and shall list his name with the racing secretary, who shall immediately notify the Commission. The association shall warn off unlicensed veterinarians. The veterinarians shall make daily reports to the State veterinarian and to the stewards of horses under treatment by them. A violation of this section shall be immediately reported to the Commission and the stewards.

(e) The State veterinarian shall take samples of the saliva, urine or blood from horses as are designated by the stewards or the Commission and make the examinations and tests that may be required by the stewards and the Commission.

(f) A veterinarian employed by the Commission or by an association may not be permitted, during the period of his employment to treat or prescribe for a horse then on the track or which is or is about to be entered in a race under the jurisdiction of the Commission, except in case of emergency, in which case a full report shall be made to the stewards.

(g) Notwithstanding the provisions of this section requiring certain functions to be performed by the State veterinarian, he may delegate duties to an authorized representative, approved by the Commission, so long as the delegation is not of a duty which would under the appropriate statutes be defined as the practice of veterinary medicine.

The provisions of this § 163.452 amended through January 22, 1982, effective January 23, 1982, 12 Pa.B. 394. Immediately preceding text appears at serial page (51689).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.453 Veterinarian’s list.

The track veterinarian shall maintain a list to be known as the veterinarians list upon which he shall enter the name of a horse which he considers unfit, unsound or not ready for racing. A horse, the name of which is on the veterinarians list, shall be refused entry until the track veterinarian removes its name from the list. A trainer may appeal to the stewards a decision to place a horse’s name on the veterinarians list.

The provisions of this § 163.453 adopted July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

This section cited in 58 Pa. Code § 163.456 (relating to scope of veterinarian’s list).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.454 Acceptance of horse from disability list.

The entry of a horse which has been excused from starting by the stewards on account of a disability shall be accepted no earlier than 48 hours after it has been excused or until its reentry has been approved by the examining association veterinarian and the stewards.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.456 Scope of veterinarian’s list.

The veterinarians list as defined in § 163.453 (relating to veterinarian’s list) shall be binding on the several tracks under the jurisdiction of the Commission.

The provisions of this § 163.456 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.457 Veterinarian’s drug responsibility.

A veterinarian administering drugs or other substances to thoroughbred horses regulated by the Commission shall be responsible to see that the drugs or other substances are administered in accordance with this part. If a specimen sample and split sample test disclose the presence of a drug or substance prohibited by this part, the Commission or stewards may hold a hearing to determine whether the prohibited drug or substance was received by or administered to the horse in question by a veterinarian in violation of this part. If it is determined that a violation occurred, the Commission will apply the sanctions, whether by fine or suspension of license, as the Commission deems appropriate.

The provisions of this § 163.457 adopted September 18, 1981, effective September 19, 1981, 11 Pa.B. 3221.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.471 Disciplinary action for violations.

(a) Whenever the Commission, stewards, starter or an authorized official acting under this chapter, finds a person or licensee to have been guilty of an act or omission in violation of either the letter or spirit of this chapter, or an act or omission not covered specifically by this chapter but deemed to require disciplinary action, or a violation of the act or its amendments, the person or licensee shall be subject to disciplinary action that the Commission or stewards deems commensurate with the offense committed. The disciplinary action may take the form of a fine, suspension, fine and suspension, revocation of license or the ruling off for life. Fines imposed may not exceed the provisions of the act.

(b) A racing official imposing a fine or suspension shall report it promptly to the racing secretary and the Commission in writing.

(c) Fines shall be paid within 48 hours to the horseman’s accountant, who in turn shall promptly pay same to the State Treasury through the Department of Revenue and credit to the General Fund.

(d) If a fine is not paid in full within the time, the Commission may suspend the license of the individual. The suspension shall be lifted upon the full payment of outstanding fines so imposed.

(e) An unpaid fine may not be rescinded except with the approval of the Commission.

The provisions of this § 163.471 amended August 26, 1977, effective August 27, 1977, 7 Pa.B. 2409.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.481 Review and appeal.

(a) The Commission may investigate and review a decision or ruling of the stewards or other racing official, upon its own motion or upon the written request of an aggrieved party. In the latter case, the appeal from the decision or ruling of the stewards or racing official shall be made in writing within 10 days from the oral or written notice of the decision or ruling, whichever first occurs. The appeal shall be sworn to before a notary public or one of the stewards of the meeting, and shall set forth briefly the alleged offense and penalty imposed and the reasons believed by the appellant to warrant a review of the decision by the Commission. Hearings on the appeals shall be in accordance with the hearing procedures set forth in Chapter 165 (relating to administrative rules).

(b) An appeal of a decision involving entries, qualifications, weights, conditions or the time or length of a race or the running thereof or an other decision arising under § 163.281 (relating to objections or protests) shall be made by filing a written appeal therefrom prepared in the manner prescribed in § 165.213 (relating to notice of penalty) and filed and received by the Commission no later than 48 hours after time of closing of entries for the race.

The provisions of this § 163.481 amended through August 26, 1977, effective August 27, 1977, 7 Pa.B. 2409.

There is no time requirement as to when the Commission must hold a hearing on an appeal of the suspension of a jockey’s license. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

This section cited in 58 Pa. Code § 165.179 (relating to service and filing of papers).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.491 Partnerships.

(a) Partnerships shall be registered stating the names, addresses and Social Security Number and Federal Account Number of individuals having an interest in a horse, the relative interest and the terms of a sale with contingencies, lease or arrangement. The registration shall be signed by all parties or their authorized agents and be lodged at the Commission office before a horse which is a joint property, is sold with contingencies or leased can start in a race. Partners shall be jointly and severally liable for all stakes, arrears, forfeitures and other obligations. Registration fee is $10.

(b) Statements of partnership, sales with contingencies, leases or other arrangements, shall declare among other things:

(1) In whose name the horse is running.

(2) With whom the power of entry and declaration is resting.

(3) With whom the power of claiming for the partnership is resting.

(4) To whom winnings are payable (which shall be the name of the nominator).

(c) In cases of emergency, which shall be decided by the Board of Stewards, authority to sign declarations of partnership may be given to the Commission by telegram or telephone, and shall be confirmed in writing promptly.

(d) A part owner of a horse cannot assign his share, or a part of it, without the prior written consent of the other partners.

(e) A horse involved in a partnership may not be permitted to enter or start until this chapter has been complied with.

(f) Providing the identity of the horse is satisfactorily established, incorrect, insufficient or imperfect description in the entry of a horse, or failure to register a partnership may be corrected before the horse race in which he is entered, or in a handicap before the weights are published or announced. This section may not be construed to allow a horse to start in a race for which it is not otherwise completely eligible under this chapter.

(g) [Reserved].

(h) A license as an owner may not be granted to a corporation or to the lessee of a corporation until all stockholders or beneficial owners thereof shall be registered. Each stockholder or beneficial owner shall file an application for an owner’s license. The stockholders or members of a corporation and the corporation which owns or leases horses for racing purposes in this Commonwealth shall file with the Commission, when requested, a report containing the information that the Commission specifies. Upon refusal or failure to file the report the Commission may refuse a license to a lessee of the corporation or may revoke the license which it had granted.

The provisions of this § 163.491 amended July 16, 1976, effective July 17, 1976.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.492 Colors registration.

(a) An owner shall annually register the racing colors to be used and pay the current fee payable.

(b) Symbols or markings may not be employed for false or deceptive advertising purposes.

(c) The stewards may grant permission for the temporary use of colors not registered pending application for their registration with the Commission.

(d) If an owner does not have colors currently registered, during the pendency of application he shall use colors designated by the association and approved by the Commission to represent the pole position of starters. A person may not start a horse in colors other than those registered or prescribed without the permission of the stewards.

(e) Disputes concerning the right to a specific combination, design or arrangement in a set of colors shall be decided by the stewards pending registration or resolution by the Commission.

(f) The Commission will not permit the use of colors which are not neat, clean and proper or registerable.

(g) Responsibility for providing suitable registered colors rests with the owner. A fine may be levied for each improper usage or for delay or refusal to apply for or pursue application for them at the discretion of the stewards and the Commission.

(h) A temporary change in colors made after the printing of a program shall be announced before and during the post parade and shall be posted by the clerk of the scales.

The provisions of this § 163.492 amended September 2, 1977, effective September 3, 1977, 7 Pa.B. 2560.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.493 Stable name registration.

(a) A stable name shall be registered annually with the Commission and the annual fee for the registration is $50.

(b) In applying to race under a stable name, the applicant shall disclose the identity behind a stable name. If a partnership is involved in the identity behind a stable name, the rules covering partnerships shall be complied with and the usual fees paid, in addition to the fees for the registration of a stable name.

(c) Changes in identities shall be reported to and approval obtained from the Commission and the stewards.

(d) A trainer who is a licensed owner, or part owner, may use a stable name as owner or part owner. However, a trainer may not be licensed as trainer or assistant trainer other than in his legal name.

(e) A person who has been registered under a stable name may cancel it after he has given written notice to the Commission.

(f) A stable name may be changed by registering a new stable name and by paying the fee.

(g) A person cannot register as his stable name one which has been registered by another person with an association conducting a recognized meeting, or The Jockey Club of New York, or with another racing authority, and stable names shall be cleared with the National Association of State Racing Commissioners.

(h) A person may not register individually or collectively as a stable name, a name which is the real name of an owner of race horses, nor one which is the real or stable name of a prominent person not owning race horses.

(i) A stable name shall be plainly distinguishable from that of another registered stable name.

(j) With the consent of the Commission or the Commission’s steward, a stable name may be transferred. The fee for the transfer is $50, and a new application shall be made.

(k) A corporate name shall be considered a stable name for the purposes of this chapter, but the Commission reserves the right to refuse a corporation the privilege of registering a stable name.

(l) A stable name may not be used if, in the judgment of the stewards, it is being used for advertising purposes or a purpose not in the best interests of racing.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.511 Authorized agents.

(a) A person undertaking or purporting to act as an authorized agent shall apply and secure a license from the Commission before so acting.

(b) Application for a license shall be filed for each owner represented.

(c) Owner’s revocations shall be filed in writing with the Commission and with the racing secretary.

(d) A trainer may not be licensed as an authorized agent or act as agent for an owner who does not have horses in his charge registered for racing at the meeting.

The provisions of this § 163.511 amended November 24, 1978, effective November 25, 1978.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.521 Duties of trainers.

(a) A licensed trainer may represent the owner in the matter of entries, declarations and the employment of jockeys. A licensed trainer may not have an interest, whether by ownership or lease, in a horse of which he is not the trainer at a race meeting at which the trainer is operating as a licensed trainer.

(b) A trainer who represents or files an application for an unlicensed owner shall file with the Commission an affidavit certifying that he will secure a license for the owner. The trainer shall be liable for a sanction, penalty or default of the filing of an owner’s application until the same has been filed and the owner’s license finally issued and shall be absolutely responsible for insuring the due, prompt and proper filing of the application.

(c) A trainer shall have his horse in the paddock at the time appointed.

(d) A trainer shall attend his horse in the paddock, and shall be present to supervise his saddling, unless he has obtained the permission of a steward to send another licensed trainer as a substitute.

(e) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than 2 racing days and horses are entered or are to be entered, he shall provide a licensed trainer to assume the complete responsibility of the horses he is entering or running. The licensed trainer shall sign in the presence of the stewards a form furnished by the Commission accepting complete responsibility for the horses being entered and running. This section does not apply to trainers having in their employ a licensed assistant trainer.

(f) A trainer shall be responsible for the condition of a horse trained by him. A trainer shall register with the racing secretary the horses in his charge, giving the name, age, sex, color, breeding and ownership of each, and he shall present the foal certificates at the time the horses arrive on the grounds.

(g) A trainer shall promptly report to the racing secretary the spaying or gelding of a horse giving the date of the procedure, and in the case of mares or fillies, a description of the procedure used. Spaying as used in this section includes any procedure including removal of ovaries rendering an animal incapable of reproduction. Gelding includes any procedure having the effect of castration.

(h) A trainer shall register with the Commission every person in his employ.

(i) A trainer may not enter or start a horse that:

(1) Is not in serviceable, sound racing condition.

(2) Has its median, volar or plantar nerves either blocked or removed. The horse is not permitted to race on Commonwealth tracks. A horse which has been nerved below the fetlock (digital nerves) may be permitted to start.

(3) Has been given internally or externally a stimulant, depressant, hypnotic or narcotic drug prior to the race.

(4) Is on the stewards’, starter’s or veterinarian’s list in a racing jurisdiction.

(j) A licensed trainer may employ an assistant trainer. The assistant trainer shall be licensed before acting in the capacity on behalf of his employer. Qualifications for obtaining an assistant trainer’s license shall be prescribed by the Commission. A licensed assistant trainer shall assume the same duties and responsibilities as imposed on the holder of a trainer’s license. The licensed trainer shall be jointly responsible with his assistant trainer for all acts and omissions of the assistant trainer involving a racing matter.

The provisions of this § 163.521 amended through March 19, 1982, effective March 20, 1982, 12 Pa.B. 994. Immediately preceding text appears at serial page (56266).

It was a violation of this section for a horse trainer to negligently allow a horse to ingest caffeine from discarded coffee and cola drinks in the barn; the trainer has a positive duty to protect his horses from the administration of a foreign substance. Yanofsky v. Horse Racing Commission, 537 A.2d 92 (Pa. Cmwlth. 1988).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.531 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Breeder—The owner of the dam at the time of foaling, and indicated as such on the certificate of registration issued by the Jockey Club. Fund—The Pennsylvania Breeding Fund as created by section 223 of the act (4 P. S. § 325.223). The Jockey Club—The breed registry organization for all thoroughbred horses in North America, having responsibility for maintaining the American Stud Book, which includes all thoroughbreds foaled in the United States, Canada and Puerto Rico, as well as thoroughbreds imported into those countries from other countries that maintain similar thoroughbred registries. Pennsylvania-bred horse— A thoroughbred horse with respect to which all of the following apply:

(i) The horse was foaled in this Commonwealth.

(ii) The horse is the subject of a current certificate of registration issued by the Jockey Club.

(iii) The horse meets the registration eligibility qualifications for participation in the Fund program as determined by the Pennsylvania Horse Breeders Association.

(iv) The horse is registered with the Pennsylvania Horse Breeders Association in accordance with § 163.535 (relating to records of registration). Pennsylvania sire— A thoroughbred stallion with respect to which all of the following apply:

(i) The horse regularly stands in this Commonwealth.

(ii) The horse meets the registration eligibility qualifications for participation in the Fund program as determined by the Pennsylvania Horse Breeders Association.

(iii) The horse is registered with the Pennsylvania Horse Breeders Association in accordance with § 163.535; and is so registered each year the stallion stands in Pennsylvania.

The provisions of this § 163.531 amended under sections 202 and 223(b) the Race Horse Industry Reform Act (4 P. S. § § 325.202 and 325.223(b)).

The provisions of this § 163.531 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5094; amended October 6, 2006, effective October 7, 2006, 36 Pa.B. 6095. Immediately preceding text appears at serial page (260218).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.532 Eligibility for Pennsylvania-bred races.

To be eligible for preferences in races in which registered Pennsylvania-breds are preferred and to be eligible for entry in races which are restricted by condition to registered Pennsylvania-breds, a horse shall be registered as a Pennsylvania-bred with the Pennsylvania Horse Breeders Association at the time of entry.

The provisions of this § 163.532 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3934; amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5094. Immediately preceding text appears at serial page (236710).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.535 Records of registration.

Foals and sires eligible for registration shall be registered on official registration forms approved by the Commission and maintained by the Pennsylvania Horse Breeders Association. The registrar shall certify thereon the name and address of the owner, breeder, farm where mare was covered, farm of which this horse was foaled, owner of stallion at time the mare was covered, stallion by which the mare was covered following the birth of the thoroughbred to be registered, breeder social security or tax identification number, Jockey Club registration number, name of foal, color and sex of foal, date of foaling, sire, dam, sire of the dam, signature of the owner, or breeder or authorized representative and the date of application.

(1) The registration record shall be maintained at the headquarters of the Pennsylvania Horse Breeders Association and be open to public inspection during normal business days and hours.

(2) Immediately upon completion and filing of the form, the Pennsylvania Horse Breeders Association shall cause a correct copy of it to be filed with the offices of the Commission in Harrisburg.

This section cited in 58 Pa. Code § 165.531 (relating to definitions).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.536 Appeals.

A person having an interest in the matter shall have the right to file objections or exceptions to a registration and to the facts set forth therein within 30 days of the filing of the copy with the Commission. The objections or exceptions shall be delivered in writing to the Pennsylvania Horse Breeders Association and a duplicate delivered to the Commission within the time. The Pennsylvania Horse Breeders Association shall rule upon the objections or exceptions within the 10 days of the delivery and receipt. An interested party aggrieved of an action taken by the association may appeal to the Commission in the manner prescribed for appeals in § 165.185 (relating to appeals) of the Commission, promulgated under section 20 of the act of December 11, 1967 (P. L. 707, No. 301) (15 P. S. § 2670) (Repealed). The Commission shall hear and determine an appeal de novo. In the absence of objections or exceptions timely made, a registration shall be deemed final and binding and an official record of the Commission for all purposes under the act of December 30, 1974 (P. L. 1115, No. 358), at the expiration of the 30th day of the delivery to the Commission. The Commission shall thereafter have the right on its own motion to correct an error or inaccuracy that it may find within the records.

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

58 Pa. Code § 163.538 Purses and awards.

(a) A prize awarded under this section shall be in accordance with the standards for purses at each racing meet as approved by order of the Commission. Each prize shall be advanced to the Horsemen’s Bookkeeper Account as won or earned at each meet by the racing association conducting the meet. The racing association shall maintain a separate ledger of them and shall transmit a certified copy of allowances, prizes and purses made no later than every 10th day of each month of the meets to the Commission. After the Commission has reviewed and approved them, it shall reimburse the racing association for the advances made which the Commission finds proper.

(b) The Pennsylvania Breeders Association shall compile awards earned by breeders, owners of Pennsylvania sires and owners of Pennsylvania-bred horses and maintain a separate ledger of them. Monthly, a certified report of awards earned shall be forwarded to the Commission. After the Commission has reviewed and approved them it will be forwarded to the Department of Treasury for payment to the awardees. Awards shall be provided for as follows:

(1) Awards to breeders. An award of 30% of the purse earned by every registered Pennsylvania-bred thoroughbred horse sired by a registered Pennsylvania sire at the time of conception of the registered Pennsylvania-bred thoroughbred horse, or an award of 20% of the purse earned by every registered Pennsylvania-bred thoroughbred horse sired by a nonregistered sire, which finishes first, second or third in any race conducted by a licensed corporation under the act shall be paid to the breeder of the registered Pennsylvania-bred thoroughbred horse. A single award under this paragraph may not exceed 1% of the total annual Fund money.

(2) Awards to owners of registered Pennsylvania sires. An award of 10% of the purse earned by any Pennsylvania-bred thoroughbred horse which finishes first, second or third in any race conducted by a licensed corporation under the act shall be paid to the owner of the registered Pennsylvania sire which regularly stood in Pennsylvania at the time of conception of the Pennsylvania-bred thoroughbred horse. A single award under this paragraph may not exceed .5% of the total annual Fund money.

(3) Awards to owners of Pennsylvania-bred horses. An award of 10% of the purse earned by any registered Pennsylvania-bred thoroughbred horse which finishes first in any race conducted by a licensed corporation under the act not restricting entry to registered Pennsylvania-bred thoroughbred horses shall be paid to the licensed owner of the registered Pennsylvania-bred thoroughbred horse at the time of winning. A single award under this paragraph may not exceed .5% of the total annual Fund money.

(c) A person interested in the awards, allowances, prizes and purses and objecting to calculations or determinations thereof as shown on the records of the racing association, the Pennsylvania Breeders Association and the horsemen’s bookkeeper, shall be responsible for taking written appeals to the Commission in the manner provided for appeals from decisions of the association pertaining to registrations.

(d) The Commission will have the right to review and approve fees and charges imposed by the Breeders Association for a program. The charge or fee may not be imposed without prior approval by the Commission.

(e) Records, funds and accounts of funds, prizes, purses, allowances and awards under this program shall be maintained separate from other records, funds and accounts and may not become mingled with other matters. The records, funds and accounts shall be kept continuously open for inspection by the Commission.

The provisions of this § 163.538 amended under sections 202 and 223(b) of the Race Horse Industry Reform Act (4 P. S. § § 325.202 and 325.223(b)).

The provisions of this § 163.538 amended October 6, 2006, effective October 7, 2006, 36 Pa.B. 6095. Immediately preceding text appears at serial page (260220).

History

• Authority: The provisions of this § 163.
• Source: The provisions of this § 163.

Chapter 167 Simulcasting

58 Pa. Code § 167.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402). Cross-simulcast—A simulcast of a horse race of a type other than that conducted at the track where the race is televised. Horse race—A thoroughbred or harness horse race. Race meeting—The period for which approval to conduct races has been granted to an association licensed to race by the State Harness Racing Commission or the Commission. Simulcast—An electronically televised horse race which is conducted at a track other than the track where the race is televised.

History

• Authority: The provisions of this Chapter 167 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 167 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 167.2 Applications for permission to operate simulcasts.

(a) An application for permission to operate a simulcast or cross-simulcast by a corporation licensed by the Commission shall be submitted to the Commission at least 60 days in advance of the running of the race for which permission is sought. The 60-day requirement may be waived by the Commission upon cause shown.

(b) An application for permission to operate a simulcast or cross-simulcast by a corporation licensed by the State Harness Racing Commission shall be submitted to the State Harness Racing Commission at least 60 days in advance of the running of the race for which permission is sought. The 60-day requirement may be waived by the State Harness Commission upon cause shown.

This section cited in 58 Pa. Code § 167.3 (relating to permitted simulcasts).

History

• Authority: The provisions of this Chapter 167 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 167 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 167.3 Permitted simulcasts.

(a) The Commission and the State Harness Racing Commission each may, upon request by a corporation licensed under the act, grant permission for simulcasts of horse races to be operated by the licensed corporation at the race track enclosure where a horse race meeting is being conducted during, between, before or after posted races for that racing day. The simulcasts shall be limited to horse races conducted at facilities outside this Commonwealth. Forms of parimutuel wagering permitted under section 221 of the act (4 P. S. § 325.221) are allowed on races which are simulcast. Simulcasts of horse races from outside this Commonwealth shall also comply with the Interstate Horse Racing Act of 1978 (15 U.S.C.A. § § 3001—3007).

(b) Simulcasts of thoroughbred horse races by corporations holding licenses from the Commission may be permitted by the Commission in accordance with section 216 of the act (4 P. S. § 325.216) and upon other terms and conditions as the Commission may require.

(c) Simulcasts of harness races by corporations holding licenses from the State Harness Racing Commission may be permitted by the State Harness Racing Commission in accordance with section 216 of the act (4 P. S. § 325.216) and upon other terms and conditions as the State Harness Racing Commission may require.

(d) Cross-simulcasts of harness races by corporations holding licenses from the Commission and cross-simulcasts of thoroughbred races by corporations holding licenses from the State Harness Racing Commission will be permitted by the commission receiving the application under § 167.2 (relating to applications for permission to operate simulcasts) in accordance with section 216 of the act (4 P. S. § 325.216) and upon the following additional terms and conditions:

(1) A thoroughbred horse race for which a licensed corporation requests permission to operate a cross-simulcast shall have a purse of $200,000 or more.

(2) A harness race for which a licensed corporation requests permission to operate a cross-simulcast shall have a purse of $100,000 or more.

(3) A licensed corporation may operate only one cross-simulcast race per racing day, and the cross-simulcast shall be in addition to the normal racing card on that day.

(4) A licensed corporation will be permitted to operate a maximum of ten cross-simulcasts per calendar year without obtaining the consent required by paragraph (5).

(5) In the event a licensed corporation seeks permission to cross-simulcast more than ten races in a calendar year, permission will be granted for the 11th and succeeding cross-simulcast only if the corporation obtains the consent of the racing association licensed to conduct race meetings at the nearest race track in this Commonwealth at which the same type of race as the cross-simulcast is conducted, if that association has a scheduled race meeting on the same day as the cross-simulcast will occur.

(6) A licensed corporation which requests permission to cross-simulcast at a race track located within 5 miles of another race track in this Commonwealth at which the same type of race as the cross-simulcast race is conducted shall be required to obtain the consent of the association licensed to conduct race meetings at the other track if that association has a scheduled race meeting on the same day as the cross-simulcast will occur.

History

• Authority: The provisions of this Chapter 167 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 167 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 167.4 Disposition of funds wagered on simulcasts and cross-simulcasts.

Moneys wagered by patrons on simulcasts and cross-simulcasts shall be computed in the amount of money wagered each racing day for purposes of taxation under section 222 of the act (4 P. S. § 325.222).

History

• Authority: The provisions of this Chapter 167 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 167 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

Chapter 169 Telephone Account Wagering

58 Pa. Code § 169.1 Permission to conduct telephone account wagering.

(a) Request for permission. A licensed corporation may request permission from the Commission to conduct a telephone wagering system under section 218 of the act (4 P. S. § 325.218). The licensed corporation shall submit to the Commission a full description of how its proposed telephone account wagering system would operate. No subsequent changes in the system’s operation may occur until Commission approval is obtained. The Commission may conduct investigations or inspections or request additional information from the licensed corporation as necessary to ensure that the licensed corporation complies with statutes and this chapter.

(b) Review and approval of contracts. Contracts and amendments to contracts entered into by a licensed corporation regarding telephone account wagering and related matters shall have prior approval of the Commssion.

(c) Suspension, revocation and fines. Permission to conduct a telephone wagering system may be suspended or revoked if the Commission determines that the licensed corporation or its employes or agents has violated section 218 of the act or this chapter. Fines may be imposed under section 214 of the act (4 P. S. § 325.214).

This section cited in 58 Pa. Code § 169.3 (relating to wagering).

History

• Authority: The provisions of this Chapter 169 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 169 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 169.2 Telephone wagering account.

(a) Application. A telephone wagering account is necessary to place telephone wagers. An applicant shall be at least 18 years of age. A telephone wagering account may be established by completing a written form approved by the Commission. The form shall include the address of the principal residence of the applicant and a statement that a false statement made in regard to an application may subject the individual to prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). A completed form shall be signed by the applicant and shall be submitted or mailed by the applicant directly to the licensed corporation at the corporation’s racetrack facility. The licensed corporation may accept or reject an application after receipt and review of the application for compliance with statutes and this chapter.

(b) Limitation. A licensed corporation may not establish a telephone wagering account for a person located in or residing in the primary market area of a racetrack, other than the racetrack at which the licensed corporation is conducting a racing meet. The licensed corporation may establish a telephone wagering account for a person located in or residing in the primary market area of the track at which the licensed corporation is conducting a meet. If two tracks share a primary market area as defined in section 218(e) of the act (4 P. S. § 325.218(e)), both tracks shall have equal rights to the market in the shared area.

(c) Account credits. Credits to a telephone wagering account may be made as follows:

(1) Deposits made to a telephone wagering account by the holder shall be submitted or mailed by the holder directly to the licensed corporation and shall be in the form of one of the following:

(i) Cash given to an agent of the licensed corporation within the racetrack enclosure.

(ii) Check, money order or negotiable order of withdrawal.

(iii) Charges made to an account holder’s debit or credit card upon the direct and personal instruction, which may be given by telephone to the licensed corporation by the account holder if the use of the card has been approved by the Commission.

(2) Credit for winnings from wagers placed with funds in a telephone wagering account and credit for telephone account wagers on horses that are scratched shall be posted to the account by the licensed corporation.

(d) Account debits. Debits to a telephone wagering account may be made as follows:

(1) Upon receipt by a licensed corporation of a telephone wager properly placed under statutes and this chapter, the corporation shall debit the wagerer’s account in the amount of the wager.

(2) A licensed corporation may authorize a withdrawal from a telephone wagering account when one of the following exists:

(i) The holder of a telephone wagering account presents himself at the licensed corporation’s racetrack facility and provides the following:

(A) Proper identification.

(B) The correct personal identification number assigned under § 169.3(a)(3) (relating to wagering).

(C) A properly completed and executed withdrawal slip on a form approved by the Commission.

(ii) The holder sends to the licensed corporation at the corporation’s racetrack facility a properly completed and executed withdrawal slip on a form approved by the Commission. Upon receipt of a properly completed and executed withdrawal form, and if there are sufficient funds in the account to cover the withdrawal, the licensed corporation shall, within 2 business days of receipt, send a check to the holder at the address specified in the application for the telephone wagering account. The check shall be payable to the holder of the telephone wagering account and in the amount of the requested withdrawal.

This section cited in 58 Pa. Code § 169.3 (relating to wagering).

History

• Authority: The provisions of this Chapter 169 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 169 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 169.3 Wagering.

(a) Placing and accepting wagers. A licensed corporation receiving permission to conduct telephone account wagering under § 169.1 (relating to permission to conduct telephone account wagering) may accept wagers subject to the following conditions:

(1) The wager shall be placed directly to the licensed corporation by the holder of a telephone wagering account.

(2) The person placing the wager shall provide the licensed corporation with the correct personal identification number previously assigned by the licensed corporation to the holder of the telephone wagering account.

(3) A licensed corporation may not accept a telephone wager from a person located in or residing in the primary market area of a racetrack, other than the racetrack at which the licensed corporation is conducting a race meeting. The licensed corporation is not prohibited from accepting a telephone wager from a person located in or residing in the primary market area of the track at which the licensed corporation is conducting a meet. If two tracks share a primary market area as defined in section 218(e) of the act (4 P. S. § 325.218(e)), both tracks shall have equal rights to the market in the shared area.

(4) A licensed corporation may not accept a telephone wager, or series of wagers, in an amount in excess of funds on deposit in the telephone wagering account of the holder placing the wager. Funds on deposit include amounts credited under § 169.2(c) (relating to telephone wagering account) and in the amount at the time the wager is placed.

(5) A licensed corporation may not accept a telephone wager at a site not within the area of the racetrack facility.

(6) Only licensed employes of a licensed corporation may operate a telephone account wagering system.

(b) Third parties. A person may not directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of a telephone wagering account. A person may not place a wager by telephone to a facility in a racetrack enclosure on behalf of a holder of a telephone wagering account. Only the holder of a telephone wagering account shall place a telephone wager. Direct or indirect involvement as an intermediary, transmitter or agent in the placing of wagers includes a system, known as a transfer account or master account, whereby funds are deposited to a telephone wagering account from another telephone wagering account or other account. This section does not prohibit use of credit or debit cards specifically approved by the Commission or the use of checks, money orders or negotiable orders of withdrawal.

The provisions of this § 169.3 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5977. Immediately preceding text appears at serial pages (116215) to (116216).

This section cited in 58 Pa. Code § 169.2 (relating to telephone wagering account).

History

• Authority: The provisions of this Chapter 169 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 169 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 169.4 Live telecasting of races.

Races may not be telecast live to a public location outside of the racetrack facility if used in conjunction with the operation of a telephone account wagering system in a manner which creates an off-track betting center. This section prohibits a contract or other agreement of a licensed corporation that facilitates or encourages the activity as well as an arrangement involving dedicated or direct telephone lines between the racetrack facility and a public location outside the area of the racetrack facility at which live telecasts of races are presented. This section does not prohibit television display of races at public locations when telephone account wagering is incidental to the presentation of the races and the telecasting does not occur in conjunction with operation of an off-track betting center.

History

• Authority: The provisions of this Chapter 169 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 169 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 169.5 Transfer accounts prohibited.

Transfer accounts may not operate in this Commonwealth after July 1, 1987.

The provisions of this § 169.5 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5977. Immediately preceding text appears at serial page (144567).

History

• Authority: The provisions of this Chapter 169 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 169 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

Chapter 171 Nonprimary Locations

58 Pa. Code § 171.1 Definitions.

The following words and terms when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A licensed corporation that files a Nonprimary Location Statement with either the Commission or the State Harness Racing Commission. Architect—A person licensed to practice the profession of architecture. Calendar year—The period beginning 12:01 a.m. on January 1 and extending through 12 p.m. on December 31. Center of the racetrack—The point located at the center of the area circumscribed by the inside rail of the racetrack. Charitable institution—A building occupied in whole or in part by an organization dedicated to the relief of a certain class of persons either by financial assistance, education or care on a not-for-profit basis and exempt from taxation under the Internal Revenue Code (26 U.S.C.A. § § 1—7872). Church—A building occupied in whole or in part by an organization engaged in religious worship or instruction. Engineer—A person licensed to practice the profession of engineering. Facility—The buildings or areas of buildings under the possession, ownership or control of a licensed corporation at a nonprimary location. Handle—The total amount of money wagered. Hospital—A building used in whole or in part for the extended, overnight, medical care of ten or more sick, wounded, aged or infirm persons. Local resident—A person whose residence is within 10 miles of a proposed nonprimary location. Nonprimary location—A parcel or contiguous parcels of real estate on which a licensed corporation conducts or proposes to conduct pari-mutuel wagering other than its racetrack. Public park or playground—Land owned by the Commonwealth or a county, township, municipality, borough, school district or other governmental unit within this Commonwealth, open to the public for recreational purposes. Race related information—Current odds, program changes, order of finish and other information typically displayed to patrons at the racetrack on the infield tote board, with respect to a race upon which patrons of a nonprimary location may wager. School—A building used during the majority of the calendar year, in whole or in part, for educational or instructional purposes on a not-for-profit basis by an organization accredited by the Department of Education. Statement—A Nonprimary Location Statement.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.2 Applicability.

Except as expressly amended by this chapter, this part applies to each nonprimary location operated by a corporation licensed by the Commission. Obligations of a licensed corporation with respect to its racetrack location apply to its nonprimary location. The privileges conferred by the granting of a license to an employe, concessionaire or vendor of a licensed corporation are applicable to a nonprimary location operated by the licensed corporation.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.21 Nonprimary Location Statement.

(a) Only a licensed corporation may apply for approval of a nonprimary location.

(b) A corporation licensed by the Commission may apply for approval of a nonprimary location by submitting a Statement to the Commission.

(c) A Statement shall be in the form prescribed by the Commission and shall be accompanied by the documents, information and exhibits requested by the Commission.

This section cited in 58 Pa. Code § 171.24 (relating to consideration of a Statement by the Commission and the State Harness Racing Commission).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.22 Filing of a Statement; documentation required.

(a) A Statement will be considered, and may be submitted, in three parts as follows:

(1) Part I requires the submission of the following information, exhibits and documentation:

(i) The address of the location.

(ii) The name, address and telephone number of the owner of the real estate upon which the location will be situated.

(iii) A copy of the lease, purchase option or purchase agreement for the location.

(iv) The zoning of the location.

(v) A statement indicating whether the location is situated within 300 feet of a church, hospital, charitable institution, school, public park or playground.

(vi) A pro forma financial statement projecting attendance, handle and revenue at the location.

(vii) A statement of the projected cost of operation of the location.

(viii) A statement of the sources of funds used to construct the location including a copy of the loan commitment letter, loan documents or other documents setting forth the terms relating to the financing of the location and a certification that the licensed corporation’s State and local tax obligations are not in arrears.

(ix) A statement of the projected revenue and taxes to be paid to the State and local government.

(x) The anticipated impact on attendance, handle and purse structure at licensed facilities conducting live racing in this Commonwealth.

(xi) The areas from which the applicant expects to attract patrons to the location.

(xii) The population of the area within 35 air miles of the location.

(xiii) The number and types of full and part-time jobs to be created at the location.

(xiv) The number of jobs at the location to be filled by local residents.

(xv) The number and types of jobs to be created by the construction or renovation of the location.

(xvi) The distance between the location and racetracks conducting live racing in this Commonwealth.

(xvii) The owner and description of other businesses or uses to be conducted at the location.

(xviii) A nonrefundable fee of $1,000.

(2) Part II requires the submission of the following information, exhibits and documentation:

(i) The number of floors, total square footage and seating capacity of the facility.

(ii) A description of the dining accommodations and concession areas to be contained in the facility including the types of food and beverages to be available, the seating capacity and a description of the kitchen areas.

(iii) The number and location of fire escapes and emergency exits at the facility.

(iv) The number of rest rooms to be contained in the facility.

(v) A description of the general demeanor of the facility, including its decor and lighting, the type of seating to be provided and the areas of the facility where patrons can handicap races.

(vi) A description of the exterior of the facility.

(vii) The architectural or engineering drawings of the facility.

(viii) A description of the heating, air conditioning, smoke removal and climate control equipment and smoke and fire detectors to be used in the facility.

(ix) The provisions made to assure that the facility is accessible to the physically handicapped.

(x) A description of the parking areas to be provided at the location, including the name, address and telephone number of the owner of the parking facilities; a copy of lease agreements for parking; the number of parking spaces to be provided; the charge to be imposed for parking; and a description of traffic control to be provided.

(xi) Copies of contracts relating to, and a complete description of, the pari-mutuel or totalizator equipment to be used in the facility and a statement describing the compatability of that equipment with the equipment being used at the primary racetrack of the licensed corporation and the equipment in use at the other primary racetracks which will be transmitting their races to the facility.

(xii) Copies of contracts relating to, and a description of, the equipment to be used to include money wagered in common pari-mutuel pools, including the number of betting windows and stand-alone terminals to be provided.

(xiii) Copies of contracts relating to, and a description of, the equipment to be used for receiving transmissions of races and race related information.

(xiv) The name, address and telephone number of persons supplying equipment to the location.

(xv) A description of the procedures to be used to resolve patron complaints at the location.

(3) Part III requires the submission of the following information, exhibits and documentation:

(i) The plan the applicant intends to institute to recruit, train and upgrade employes on an equal opportunity basis.

(ii) Copies of contracts for the provision of goods and services to the location, including a notation of which contracts are with minority or female-owned businesses.

(iii) The name, address and telephone number of the location mutuel manager and whether that person is the holder of a license issued by the Commission.

(iv) The name, address and telephone number of the location director of security and whether that person is the holder of a license issued by the Commission.

(v) The name, address and telephone number of the general manager of the location and whether that person is the holder of a license issued by the Commission.

(vi) The names of the vendors and concessionaires providing goods or services, or both, to the location and whether the vendors or concessionaires hold a license issued by the Commission.

(vii) A description of the security plan for the location and a copy of the contracts relating to security at the location.

(viii) The admission or seating fee to be charged at the location.

(ix) A copy of insurance policies applicable to the location.

(x) A statement indicating whether application has been made to the Liquor Control Board for a license, or the transferance of a license, permitting the sale or consumption of alcoholic beverages at the location and action taken on that application.

(xi) A statement indicating whether the applicant has entered into an agreement for the simulcasting of races to the location.

(xii) The applicant’s strategy for preserving the integrity of live racing in this Commonwealth.

(xiii) A copy of building, fire, occupancy, health and sanitation or other permits required by the Commonwealth or a county, township or municipality in which the location is situated.

(b) Upon receipt of the information, documents and exhibits required in Part I of the Statement, and if the information, documents and exhibits are complete and indicate compliance with the act and this part, the Commission will request public comments and schedule a public hearing as described in § 171.23 (relating to public hearings and public comment). Within 60 days of the later of the expiration of the public comment period or holding of the public hearing, the Commission will forward written notice of its decision concerning the proposed site of the nonprimary location to the applicant or request additional information from the applicant. A request for additional information shall toll the 60-day period described within this subsection. The Commission will act upon information received pursuant to a request for additional information within 60 days of receipt of the information. If the Commisson denies approval of Part I of a Statement, the applicant may submit a revised statement for consideration by the Commission. The Commission will act upon a revised statement submitted under this subsection within 60 days of receipt of the revised Statement.

(c) Upon receipt of the information, documents and exhibits required in Part II of the Statement, and if the information, documents and exhibits are complete and indicate compliance with the act and this part and following approval of the site of the nonprimary location as submitted in Part I of the Statement, the Commission will begin consideration of the proposed facility. Within 60 days of the later of either the written approval of Part I of the Statement, or the receipt of the information, documents and exhibits requested in Part II of the Statement, the Commission will forward written notice of its decision concerning the proposed facility to the applicant or request additional information from the applicant. A request for additional information shall toll the 60-day period described in this subsection. The Commission will act upon information received under a request for additional information within 60 days of receipt of the information. If the Commission denies approval of Part II of a Statement, the applicant may submit a revised statement for consideration by the Commission. The Commission will act upon a revised Statement submitted under this subsection within 60 days of receipt of the revised statement.

(d) Pari-mutuel wagering at a nonprimary location may not be commenced until the Commission has issued written approval of the information, documents and exhibits requested in Part III of the Statement. Within 30 days of completion of construction and renovation of the facility and the receipt of the information, documents and exhibits requested in Part III of the Statement, the Commission will either forward written notice of its decision concerning approval of the nonprimary location or request additional information. A request for additional information shall toll the 30-day period described in this subsection. The Commission will act upon information received under a request for additional information within 30 days of receipt of the information. If the Commission denies approval of Part III of a Statement, the applicant may submit a revised Statement for consideration by the Commission. The Commission will act upon a revised Statement submitted under this subsection within 30 days of receipt of the revised Statement.

(e) The Commission may employ the services of architects, engineers, accountants or other specialists to assist in the evaluation of a Statement or to inspect work performed at a nonprimary location. The applicant is responsible for costs or charges incurred or received by the Commission in connection with these services. If an inspection discloses that the facility is not being constructed in substantial compliance with the information, documents and exhibits submitted in connection with the Statement, the Commission may do one or more of the following:

(1) Refuse to issue, or revoke, operational approval of the nonprimary location.

(2) Impose a penalty authorized by the act.

Jurisdiction

Pursuant to the specific language of these regulations, the Pennsylvania State Horse Racing Commission will give approval of the nonprimary location after the receipt of the information, documents and exhibits requested in Part III of the Statement. Since the Commission’s order with respect to Part I of the Statement did not dispose of all claims or all parties, it is not a final order which can be properly appealed to the Commonwealth Court and therefore, the Court lacked subject matter jurisdiction. Contact II, Inc. v. State Horse Racing Commission, 664 A.2d 181 (Pa. Cmwlth. 1995).

This section cited in 58 Pa. Code § 171.24 (relating to consideration of a Statement by the Commission and the State Harness Racing Commission).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.23 Public hearing and public comment.

(a) Upon the filing of a Statement by a corporation licensed by the Commission, the Commission will place the following notice in a newspaper of general circulation in the county in which the nonprimary location is to be situated: TO WHOM IT MAY CONCERN:

The Pennsylvania State Horse Racing Commission hereby gives notice that a Nonprimary Location Statement was filed on the

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.24 Consideration of a Statement by the Commission and the State Harness Racing Commission.

(a) The approval of the State Harness Racing Commission is necessary for the establishment of a nonprimary location in the secondary market area of a racetrack.

(b) The following procedures, in addition to those in § § 171.21—171.23 (relating to Nonprimary Location Statement; filing of a Statement; documentation required; and public hearing and public comment) apply when the approval of the Commission and the State Harness Racing Commission is necessary as set forth in subsection (a):

(1) The Statement and information, documents and exhibits required to be submitted with the Statement shall be submitted to the Commission according to the schedule established in § 171.22.

(2) The Commission will consider the Statement in accordance with the schedule established in § 171.22 and will:

(i) Notify the State Harness Racing Commission of the scheduling of the public hearing as set forth in § 171.23.

(ii) Invite the State Harness Racing Commission to participate in the public hearing.

(iii) Permit the State Harness Racing Commission to review public comments received.

(iv) Provide one copy of the Statement to the State Harness Racing Commission.

(3) If the Commission approves Part I of the Statement, written notice of the approval will be given to the State Harness Racing Commission.

(4) The State Harness Racing Commission has 30 days from the date of the written notice required by paragraph (3) to deny approval of Part I of the Statement. The failure of the State Harness Racing Commission to deny approval of Part I of the Statement constitutes approval of Part I of the Statement.

(5) Upon the approval by the State Harness Racing Commission of Part I of the Statement, or the expiration of the 30-day denial period, and the submission of the information, documents and exhibits requested in Part II of the Statement, the Commission will begin consideration of Part II of the Statement.

(6) If the Commission approves Part II of the Statement, written notice of the approval will be given to the State Harness Racing Commission.

(7) The State Harness Racing Commission has 30 days from the date of the written notice required by paragraph (6) to deny approval of Part II of the Statement. The failure of the State Harness Racing Commission to deny approval of Part II of the Statement constitutes approval of the Statement by the State Harness Racing Commission.

(8) An order issued under this section may be executed by the Executive Secretary of the State Harness Racing Commission following the polling of the members of the State Harness Racing Commission by telephone. Action taken under this paragraph shall be ratified by the State Harness Racing Commission at its next public meeting.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.25 Standards for approval.

(a) Under section 218(g)(5)(ii) and (iii) of the act (4 P. S. § 325.218(g)(5)(ii) and (iii)), the Commission will consider the following in determining whether to grant or deny approval of a Statement:

(1) Whether the facility planned contains amenities such as the restaurants and handicapping facilities required by the act.

(2) Whether the facility will create jobs in the construction and service industries as well as the racing and wagering industry.

(3) Whether the facility will have a positive, neutral or negative impact on the integrity of live racing including its effect on the attendance, handle and purse structure of live racing.

(4) The anticipated impact on the local community, including the potential for job creation on an equal opportunity basis and the effect on local businesses.

(5) The quality of the physical facilities and services to be provided.

(6) The public interest.

(7) Whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions on an equal opportunity basis and that contracting opportunities are open to all firms.

(8) Information, documents or exhibits submitted as part of a Statement.

(b) No single factor will be paramount. In rendering a decision, the Commission will determine whether the proposed nonprimary location satisfies the legislativeintent of the General Assembly as expressed in section 218(g)(5)(ii) of the act.

(c) The Commission will not approve a Statement which proposes the construction of a facility that:

(1) Has a seating capacity that is less than 50% of the maximum lawful occupancy of the facility.

(2) Does not contain a restaurant providing table service and offering a menu which includes appetizers, entrees and desserts.

(3) Is intended to offer only wagering opportunities to the public or serve solely as a betting parlor.

(4) Does not contain color television monitors of a size and in a number sufficient to allow patrons to conveniently view the races upon which they may wager.

(d) Ownership or control of a nonprimary location may be transferred from one licensed corporation to another licensed corporation only with the consent of the Commission. The consent of the State Harness Racing Commission is also necessary if the racing activities of one of the licensed corporations is regulated by the State Harness Racing Commission.

(e) Approval of a nonprimary location is granted upon the condition that the licensed corporation accept and observe the rules of the Commission. The approval of a nonprimary location does not prevent the Commission from ordering modification of the facility or operations at the nonprimary location if the Commission finds evidence of noncompliance with the act or this chapter or that the construction or reconstruction of the facility is not being performed as set forth in the approved Statement. The decision of the Commission to disapprove, suspend, revoke or modify approval of a nonprimary location will be made after notice and a hearing and shall be an appealable adjudication of the Commission.

(f) In evaluating the public interest, the impact on the local community, and the potential for job creation of a nonprimary location as required by section 218(g)(5)(iii) of the act, the Commission will consider whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions and that contracting opportunities are open to all firms on an equal opportunity basis.

Approval of Facility

Regulations promulgated under Race Horse Industry Reform Act (4 P. S. § 325.101 et seq.) will not allow approval of a ‘‘Turf Club’’ facility unless the facility contains a restaurant providing table service and menu items including appetizers, entrees and desserts. Southco, Inc. v. Concord Township, 713 A.2d 607 (Pa. 1998).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.41 Facility requirements.

(a) A nonprimary location facility shall contain:

(1) An adequate number of free drinking water fountains and rest rooms for use of patrons.

(2) Facilities and design to ensure that the facility is accessible to the physically handicapped.

(3) Amenities, such as the restaurants and handicapping facilities required by the act.

(b) A facility that is located in Pittsburgh, Philadelphia or Scranton shall possess a certificate of compliance with fire-safety requirements issued by the appropriate fire-safety authority of that city. A facility that is located somewhere other than in Pittsburgh, Philadelphia or Scranton shall possess a certificate of occupancy issued by the Department of Labor and Industry under the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235), known as the Fire and Panic Act.

(c) A person employed at a nonprimary location by a licensed corporation, concessionaire or other person or entity shall obtain a license from the Commission under § § 163.51 and 163.56 (relating to persons required to be licensed; and requirements).

(d) Persons employed at a nonprimary location shall display an identification badge as described in § 165.92(b) (relating to identification cards and badges) while working at the nonprimary location.

(e) Only telephones or other communication equipment approved by the Commission may be installed or operated at a nonprimary location. Except as expressly authorized by the Commission, telephones or communications equipment installed or operated at a nonprimary location shall be connected to a central switchboard.

This section cited in 58 Pa. Code § 171.45 (relating to wagering requirements).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.42 Concessionaires.

(a) A person, firm, association, group or corporation which holds a concession, right or privilege to perform a service or sell an item at a nonprimary location operated by a licensed corporation shall be licensed by the Commission and shall submit to the Commission a copy of each report, advice or other document which that person, firm, association, group or corporation furnishes or is required to furnish to the licensed corporation to substantiate rentals, service fees or similar financial or business arrangements between the parties.

(b) A person, firm, association, group or corporation operating a concession, performing a service or selling an item at a nonprimary location shall submit the following reports to the Commission:

(1) An audited profit and loss statement reflecting its operations at each nonprimary location. This report shall state the gross revenues derived during the reporting period as well as expenses paid or accrued during the reporting period. Income and expense items shall be shown in detail. This profit and loss statement shall be filed with the Commission by January 31 and reflect operations during the preceding calendar year.

(2) Certified financial statements, including a Balance Sheet, Income Statement and a Statement of Change In Financial Position. These financial statements shall be submitted within 75 days of the end of the calendar year in the case of a person, or the fiscal year in the case of a firm, association, group or corporation.

(3) Upon request of the Commission:

(i) Copies of weekly payrolls of persons employed at a nonprimary location including the name and address of each person.

(ii) Copies of written contracts and agreements and a summary of verbal contracts and agreements at a nonprimary location.

(iii) A list of the owners of the firm, association, group or corporation.

(iv) A list of the officers and directors and the compensation paid to each of them.

(4) Upon the sale or transfer of an ownership interest in a concessionaire, an affidavit setting forth the information required by section 204 of the act (4 P. S. § 325.204) and Chapter 165, Subchapter C (relating to issuance and transfer of stock).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.43 Transmission of races and race related information to nonprimary locations.

(a) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall install a system permitting the transmission of audio and video coverage of the races it conducts and race related information from the racetrack to the nonprimary location. The system shall transmit this audio and video coverage without interception or interference, either by encoding the signal or by other means. The system shall include a means of transmitting the audio portion of the coverage independently of the video coverage if the video coverage is interrupted.

(b) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall transmit the following to the nonprimary location:

(1) Live audio and video coverage of the races it conducts, including coverage of the horses in the paddock and during the post parade.

(2) Video coverage of race related information.

(c) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall:

(1) Be responsible for displaying the information transmitted to the nonprimary location under subsection (b) at the nonprimary location.

(2) Provide an audio and video transmission that is an exemplary depiction of the races it conducts.

(3) Provide continuity of programming between races.

(d) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall include in its video coverage of a race:

(1) A digital display of the actual time of day.

(2) The name of the racetrack from which the video transmission emanates.

(3) The number of the race being displayed.

(4) Wagering information including odds, probable payoffs and pool totals.

(e) If the transmission of the video coverage of a race is interrupted, the transmission of the audio coverage of the race shall be continued.

(f) If the transmission of the audio coverage of the race is interrupted, the transmission of the video portion of the coverage shall be continued.

(g) If the transmission of the audio and video coverage of a race is interrupted prior to the start of the race, wagering being conducted on the race and future races at the nonprimary location shall cease until the transmissions are restored. If the interruption of audio or video coverage, or both, prevents the display of a race at the nonprimary location, a replay of the race shall be displayed at the nonprimary location as soon after the restoration of coverage as possible.

(h) A licensed corporation conducting a race upon which patrons of a nonprimary location may wager shall make and retain a video record of transmissions to the nonprimary location. This record shall be in decoded form, on 1/2-inch video cassette and shall be delivered to the Commission upon request. This record shall be retained for 60 days.

(i) At least 30 minutes prior to the commencement of the transmission of audio and video coverage of each program of races and race related information, the licensed corporation conducting the races shall transmit a test program of its audio and video coverage to ensure that the system is operating properly.

(j) A licensed corporation shall provide a list of persons or other entities, including nonprimary locations known to be capable of receiving the audio and video coverage of its races or in possession of equipment capable of decoding its transmissions.

(k) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall implement a security system to protect the equipment used to transmit audio and video coverage of its races and race related information from tampering.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.44 Display of races and race related information at a nonprimary location.

(a) The following shall be offered to patrons at every nonprimary location:

(1) Audio and video coverage of every race upon which patrons of the nonprimary location are permitted to wager, including coverage of the horses in the paddock and during the post parade.

(2) Video coverage of race related information for every race upon which patrons of the nonprimary location are permitted to wager.

(b) A nonprimary location shall be equipped with a system permitting the reception of transmissions of races and race related information without interference or interception.

(c) A licensed corporation operating a nonprimary location shall develop and implement a security system to protect the equipment being used to receive transmissions of races and race related information from tampering.

(d) If the reception of the video coverage of a race is interrupted, the audio coverage of the race shall continue to be presented.

(e) If the reception of the audio coverage of the race is interrupted, the video coverage of the race shall continue to be displayed.

(f) If the reception of the audio and video coverage of a race is interrupted during the running of the race, wagering being conducted on future races at the nonprimary location shall cease until the transmissions are restored. If the interruption of audio or video coverage, or both, prevent the display of a race at the nonprimary location, a replay of the race shall be displayed at the nonprimary location as soon after the restoration of coverage as possible.

(g) A licensed corporation operating a nonprimary location shall make and retain a record of coverage displayed at the nonprimary location. These copies shall be retained for 60 days and shall be in decoded form on 1/2-inch video cassette and shall be delivered to the Commission upon request.

(h) At least 30 minutes prior to the commencement of wagering at the nonprimary location, a test of the equipment used to receive and display races and race related information at the nonprimary location shall be conducted to ensure that the system is operating properly.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.45 Wagering requirements.

(a) Wagering on races at a nonprimary location shall be conducted using the pari-mutuel system of wagering.

(b) A nonprimary location shall be equipped with:

(1) A communication system that permits communication among the pari-mutuel department of the nonprimary location and the pari-mutuel department and board of stewards of racetracks conducting races on which patrons of the nonprimary location may wager.

(2) A system capable of ensuring that money wagered on a particular race is included in the pari-mutuel pool of the racetrack conducting the race.

(3) A system capable of ensuring that pari-mutuel machines at the nonprimary location lock upon the ringing of the off-bell or upon the closing of wagering for any reason.

(c) Pari-mutuel wagering on races shall be conducted using pari-mutuel tickets sold from machines approved by the Commission. No pari-mutuel machine will be approved unless it is compatible with the system required by subsection (b)(2). No more than 20% of the pari-mutuel machines used in a facility may be stand-alone terminals, without the written consent of the Commission.

(d) The transmission of wagering data between the nonprimary location and the racetrack conducting a race upon which wagering is permitted shall be independent of the transmission of audio and video coverage of the race and race related information. The system shall be tested at least 30 minutes prior to the commencement of wagering at the nonprimary location.

(e) Patrons at nonprimary locations shall be afforded the same wagering opportunities on a particular race as patrons at the racetrack. Patrons at the racetrack shall be afforded the same wagering opportunities on a particular race as patrons at nonprimary locations. Winning pari-mutuel tickets purchased at a facility within a racetrack enclosure shall be cashed at a facility within the racetrack enclosure.

(f) Notwithstanding § 171.41 (relating to facility requirements), persons employed in the pari-mutuel department of a nonprimary location operated by a licensed corporation of the Commission are subject to the requirements of § § 163.51 and 165.125 (relating to persons required to be licensed; and personnel) and shall be considered pari-mutuel employes of the licensed corporation for purposes of reports to the Commission and the Department of Revenue.

(g) Report of pari-mutuel wagering required by this part shall reflect the requested information separately for each nonprimary location operated by the licensed corporation.

(h) The stop betting command shall be noted by the ringing of the off-bell at the nonprimary location. The Commission may order that the stop betting command at the nonprimary location be given prior to the start of races.

(i) Pari-mutuel wagering shall be permitted at a nonprimary location only on the days authorized by the Commission. Sixty days prior to the date of proposed initial operation, and no later than November 1 of each succeeding year, a licensed corporation desiring to conduct pari-mutuel wagering at an approved nonprimary location shall submit a Request for Days of Operation stating the desired operational dates for the succeeding year to the Commission. In determining whether to grant the requested dates, the Commission will be guided by the act and this chapter.

(j) On authorized days of operation, no business may be conducted at a facility unless operated by or under a contract with the licensed corporation operating the nonprimary location and approved by the Commission.

(k) A licensed corporation shall submit written notice of its intention to suspend or terminate operations at a nonprimary location at least 60 days prior to the suspension or termination. This 60-day notification period may be reduced by the Commission for good cause shown.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.46 Location mutuel manager.

An individual shall be designated as a location mutuel manager at each nonprimary location. This individual shall:

(1) Oversee the pari-mutuel operations at the nonprimary location.

(2) Receive communications from the mutuel manager of each racetrack conducting races upon which patrons of the nonprimary location may wager.

(3) Oversee the operation of the equipment being used to include money wagered at the nonprimary location in the pari-mutuel pool at the racetrack conducting the race and suspend wagering at the nonprimary location if the money wagered is not being transmitted to the pari-mutuel pool at the racetrack conducting the race.

(4) Be responsible for ensuring that laws and regulations governing pari-mutuel wagering are observed at the nonprimary location.

(5) Be licensed by the Commission.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.47 Number of nonprimary locations permitted.

(a) A licensed corporation authorized to hold race meetings at a primary racetrack location at which more than one license is so authorized may be granted approval for two nonprimary locations except that no approval will be granted if the approval would result in the number of nonprimary locations for any primary racetrack exceeding four. For purposes of this section, the term ‘‘primary racetrack’’ includes a racetrack at which either horse or harness race meetings, or both, are being conducted.

(b) A licensed corporation authorized to hold race meetings at a primary racetrack location at which only one license is so authorized may be granted approval for three nonprimary locations.

(c) Notwithstanding subsection (a) or (b), the Commission may approve one additional nonprimary location during the calendar year 1989 and 1990 for one corporation licensed to conduct race meetings at the primary racetrack location.

(d) Recognizing that the approvals referred to in subsection (c) may only be granted in 1989 and 1990 respectively, and recognizing the increased risk placed upon construction workers and the public if the pace of construction is accelerated, the Commission adopts the following interpretation. A nonprimary location subject to subsection (c) shall be deemed to be approved at the time when the Commission approves the information contained in Part I of the Statement. This approval is subject to revocation if the information contained in Parts II and III of the Statement is not approved. Other Statements shall be deemed approved only when all parts of the Statement have been approved.

(e) A primary racetrack location at which more than one licensed corporation is so authorized shall be awarded a maximum of six nonprimary locations. A primary racetrack location at which only one licensed corporation is so authorized shall be awarded a maximum of five nonprimary locations.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.61 Operation of a single nonprimary location by more than one licensed corporation.

(a) When a site is approved by the Commission as a nonprimary location established by more than one licensed corporation, by agreement between the licensed corporations and with the approval of the Commission, one licensed corporation may operate the pari-mutuel equipment at the nonprimary location.

(b) If a single nonprimary location is established by more than one licensed corporation, each corporation is responsible for ensuring that the act and this part are observed at the nonprimary location.

(c) Licensed corporations desiring approval for the operation of a nonprimary location by more than one licensed corporation shall file and obtain approval of the agreement governing operation of the nonprimary location from the Commission.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.62 Maintenance of a nonprimary location facility.

(a) A licensed corporation that establishes a nonprimary location shall maintain the grounds and the facility at the nonprimary location so as to be neat and clean, painted and in good repair, with special consideration for the comfort and safety of patrons, employes and other persons whose business requires their attendance.

(b) A licensed corporation that establishes a nonprimary location shall maintain in good working order the equipment being used to transmit and receive audio and video signals, to display the audio and video signals and to include money wagered in common pari-mutuel pools.

(c) Plans for renovations, rehabilitations or changes to be made to a nonprimary location after the commencement of operations shall first be approved by the Commission before being implemented.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.63 Impermissible conduct.

(a) While at a nonprimary location, no person may:

(1) Use improper, profane or indecent language to a racing official, licensee or Commission employe.

(2) Disturb the peace or make himself obnoxious to others.

(b) Wagering within the confines of a nonprimary location other than through pari-mutuel machines approved by the Commission is prohibited. A person making a handbook or wagering with a handbook, or soliciting wagers to be made on races received at the nonprimary location or on races elsewhere, shall be ejected from the nonprimary location and denied further admission. No gaming device other than that permitted by law will be allowed within a nonprimary location. Cards, dice and petty games of chance are prohibited.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.64 Ejections.

(a) The Commission or a licensed corporation may eject a person from a nonprimary location under the same circumstances as set forth in the act or this part.

(b) A person ejected from the racetrack enclosure of a licensed corporation shall be excluded from all nonprimary locations of the licensed corporation.

(c) A person ejected from a nonprimary location shall be excluded from the racetrack enclosure and all nonprimary locations of the licensed corporation.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.65 Conditions of approval.

Approval issued by the Commission will contain the following conditions:

(1) The Commission, its agents or employes will have immediate and complete access to the areas where activity is being or will be conducted under the act or this part, as necessary to determine compliance with the act and this part, upon presentation of appropriate credentials and without advance notice or a search warrant.

(2) Records pertaining to activities conducted under the act or this part shall be produced for inspection upon demand by the Commission, its agents or employes.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.66 Inspection authorization.

(a) The Commission, its agents or employes will have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter being investigated under the act or this part.

(b) At least annually, the Commission, its agents or employes will inspect the following facilities of licensed corporations for the purposes set forth in subsection (c):

(1) The racetrack at which the licensed corporation conducts 50% or more of its live races.

(2) Nonprimary locations operated by the licensed corporation.

(c) The purpose of the annual inspections authorized in subsection (b) is to determine whether the licensed corporation is maintaining its racetrack and nonprimary locations in good condition and whether adequate provision for rehabilitation and capital improvements has been made.

(d) The Commission, its agents and employes may conduct inspections, including follow up inspections, of racetracks and nonprimary locations as necessary to ascertain compliance or noncompliance with the act or this part.

(e) Inspections of nonprimary locations shall be made during the normal business hours of the nonprimary location.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.67 Enforcement.

(a) If a licensed corporation fails to maintain its racetrack or nonprimary locations in good condition or fails to make adequate provision for rehabilitation and capital improvements, the Commission will direct the licensed corporation to institute appropriate remedial measures.

(b) If a licensed corporation fails to institute the remedial measures directed by the Commission, the Commission may:

(1) Suspend or revoke the approval of one or more nonprimary locations operated by the licensed corporation.

(2) Suspend or revoke the license of the licensed corporation to conduct live racing.

(3) Impose other penalties authorized by the act.

(c) If an inspection of a nonprimary location discloses that the operation of a nonprimary location is not in compliance with the act or this chapter, the Commission may do one or more of the following:

(1) Order the licensed corporation operating the nonprimary location to institute corrective measures necessary to achieve compliance with the act and this chapter.

(2) Suspend or revoke approval for the nonprimary location.

(3) Impose a fine not to exceed $5,000 on the licensed corporation operating the nonprimary location.

(d) If the licensed corporation refuses access to the Commission, its agents or employes, or refuses to produce papers, documents or physical evidence upon demand by the Commission, its agents or employes, the Commission may do one or more of the following:

(1) Suspend or revoke the approval of nonprimary locations operated by the licensed corporation.

(2) Suspend or revoke the license of the licensed corporation to conduct live racing.

(3) Impose other penalties authorized by the act.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.68 Nondiscrimination.

A licensed corporation may not discriminate against an employe, applicant for employment, independent contractor, or other person because of race, color, religious creed, ancestry, national origin, age, sex or non-job related handicap or disability.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.69 Proximity to certain uses.

In determining whether a nonprimary location satisfies the legislative intent of the act, the Commission will consider the proximity of the nonprimary location to a church, hospital, charitable institution, school, public park or playground. In its consideration of these factors, the Commission will be guided by the laws of the Commonwealth regulating the sale of alcoholic beverages as set forth in section 4 of the Liquor Code (47 P. S. § 4-404).

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.70 Interpretation of conducting a race meeting.

No licensed corporation will be considered as conducting a race meeting at a racetrack at which it has not scheduled more than 50% of its races during the current year.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.71 Admission of minors.

No licensed corporation may permit a person who is 17 years of age or younger to wager at a nonprimary location. No licensed corporation may permit a person who is 17 years of age or younger to attend a nonprimary location unless the person is accompanied by a parent or guardian. This section does not prohibit persons 17 years of age or younger who are legally employed from being on the nonprimary location premises for the sole purpose of performing their duties as employes.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 171.72 Reports.

Reports required to be filed by a licensed corporation with respect to its operations and records required to be maintained shall also be filed and maintained separately for each nonprimary location operated by the licensed corporation.

History

• Authority: The provisions of this Chapter 171 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 171 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

Chapter 173 Common Pool Wagering

58 Pa. Code § 173.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Administration of a common pari-mutuel pool—The performance of ministerial functions relating to a common pari-mutuel pool which may include computation of pool totals, odds and probable payoffs, allocation of funds for distribution to entities establishing the common pari-mutuel pool and preparation of accountings. Common pari-mutuel pool—A pari-mutuel wagering pool administered in one jurisdiction which includes legal wagers of a single type placed in more than one jurisdiction on a race or series of races. Establishment of a common pari-mutuel pool—The inclusion of wagers placed in different jurisdictions on a horse race into a single pari-mutuel pool. Net amount wagered—The amount wagered reduced by the retention imposed under the laws of the Commonwealth or another jurisdiction. Procedures established for the administration of the common parimutuel pool—The administrative procedures agreed to by the entities establishing a common pari-mutuel pool which may include the procedure for accepting wagers into the common pari-mutuel pool, distributing money from the common pari-mutuel pool, transmitting wagering information and transferring money between the entities establishing the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.2 Authorization of a common pari-mutuel pool.

(a) Upon approval of the Commission, a licensed corporation may establish a common pari-mutuel pool with entities permitted under the laws of another jurisdiction to conduct pari-mutuel wagering on the results of horse races. The common pari-mutuel pool may be established to accept wagers on a race conducted outside this Commonwealth.

(b) A common pari-mutuel pool established under this chapter may consist of the amount wagered or the net amount wagered by a patron:

(1) Of the licensed corporation.

(2) Of another licensed corporation within this Commonwealth.

(3) Of a corporation licensed by the Commission.

(4) Under the laws of another jurisdiction.

(c) An individual wager shall be deemed to be made at the point of sale in the jurisdiction where it is placed.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.3 Application for permission to establish a common pari-mutuel pool.

(a) A licensed corporation may apply to the Commission for permission to establish a common pari-mutuel pool.

(b) An application for permission to establish a common pari-mutuel pool shall be submitted to the Commission at least 30 days prior to the commencement of wagering into the common pari-mutuel pool. The Commission may accept an application filed less than 30 days prior to the commencement of wagering for good cause shown.

(c) An application for permission to establish a common pari-mutuel pool shall be in a form prescribed by the Commission and shall contain the following:

(1) The name of the licensed corporation requesting permission to establish the common pari-mutuel pool.

(2) The name, date and jurisdiction of the racetrack conducting the race on which wagers will be accepted for inclusion into the common pari-mutuel pool.

(3) The name and licensing jurisdiction of each entity that will be accepting wagers for inclusion into the common pari-mutuel pool.

(4) A copy of the agreement for the simulcast of the race on which wagers will be accepted for inclusion into the common pari-mutuel pool.

(5) A copy of the agreement among the entities establishing the common pari-mutuel pool.

(6) A copy of the procedures established for administration of the common pari-mutuel pool.

(7) A copy of approvals required under the Interstate Horseracing Act of 1978 (15 U.S.C.A. § § 3001—3007).

(8) The minimum amount of a wager which will be accepted for inclusion in the common pari-mutuel pool.

(9) The retention rate to be applied to amounts wagered in this Commonwealth for inclusion in the common pari-mutuel pool.

(10) The retention rate to be applied to amounts wagered in each jurisdiction other than the Commonwealth for inclusion in the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.4 Review of application.

(a) The Commission may approve an application for permission to establish a common pari-mutuel pool if the Commission determines that the establishment of the common pari-mutuel pool will be in the best interest of racing in this Commonwealth and if the following conditions are satisfied:

(1) The race upon which patrons will be permitted to wager may be simulcast under section 216 of the act (4 P. S. § 325.216) or under the Interstate Horseracing Act of 1978 (15 U.S.C.A. § § 3001—3007), or both.

(2) The wager to be accepted is of a type which may be permitted by the Commission under section 221 of the act (4 P. S. § 325.221).

(3) The agreement under which the common pari-mutuel pool will be established and the procedures established for the administration of the common pari-mutuel pool comply with the act and this chapter.

(b) The Commission may place conditions on an approval of an application as it deems appropriate to assure that the establishment of the common pari-mutuel pool will be in the best interests of racing in this Commonwealth and in compliance with the act and this chapter.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.5 Retention and distribution of retention.

(a) A licensed corporation that establishes a common pari-mutuel pool under this chapter shall retain from each wager placed in this Commonwealth an amount equal to the percentage retention rate approved by the Commission.

(b) The Commission will not approve a percentage retention rate which is less than or exceeds the minimum or maximum retention rate permitted for comparable wagers under section 221 of the act (4 P. S. § 325.221).

(c) A wager placed in this Commonwealth for inclusion in a common pari-mutuel pool established under this chapter shall be included by the licensed corporation in the amount wagered that racing day. A wager placed in another jurisdiction for inclusion in a common pari-mutuel pool established under this chapter may not be included in the amount wagered that racing day.

(d) Money retained by a licensed corporation under subsection (a) plus breakage allocated to the licensed corporation that establishes a common pari-mutuel pool under this chapter, shall be distributed in the same manner as other amounts retained under the act.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.6 Distribution of common pari-mutuel pool.

(a) Money in a common pari-mutuel pool shall be distributed to the holders of winning pari-mutuel tickets in conformity with the common practice of the pari-mutuel system.

(b) Money in a common pari-mutuel pool may be distributed to the holders of winning pari-mutuel tickets according to a net pricing calculation which reflects differing retention rates approved under the laws of the Commonwealth and other jurisdictions accepting wagers for inclusion into the common pari-mutuel pool.

(c) The procedures established for the administration of the common pari-mutuel pool shall include a procedure for the following:

(1) Distributing money in the common pari-mutuel pool to the holders of winning tickets.

(2) Allocating breakage between the entities contributing to the common pari-mutuel pool.

(3) Allocating funds for uncashed winning tickets between the entities contributing to the common pari-mutuel pool.

(4) Providing an accounting to the licensed corporation for submission to the Commission of contributions to and distributions from the common pari-mutuel pool.

(d) Funds for uncashed winning tickets allocated to a licensed corporation shall be distributed by the licensed corporation as provided under section 202(b) of the act (4 P. S. § 325.202(b)).

(e) If wagers placed in this Commonwealth cannot be transmitted for inclusion in a common pari-mutuel pool established under this chapter, the licensed corporation may do one of the following:

(1) Refund all amounts wagered to patrons holding pari-mutuel tickets representing wagers placed for inclusion in the common pari-mutuel pool if the refund is announced over the public address system of the licensed corporation prior to the official start of the race.

(2) Establish a pari-mutuel pool consisting solely of amounts wagered within this Commonwealth.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.7 Responsibility for distribution.

A licensed corporation that establishes a common pari-mutuel pool under this chapter is liable to the following:

(1) The holder of a winning pari-mutuel ticket representing a wager placed within this Commonwealth for inclusion in the common pari-mutuel pool for the distribution of winnings from the common pari-mutuel pool.

(2) The Commonwealth for other distributions required under the act or this chapter as a result of wagers placed in this Commonwealth for inclusion in the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.8 Races for which a common pari-mutuel pool is established.

A race for which a common pari-mutuel pool has been established shall be conducted under the rules of racing of the jurisdiction in which the race is conducted unless that jurisdiction approves otherwise.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.9 Publication and posting of rules.

A licensed corporation that establishes a common pari-mutuel pool under this chapter shall:

(1) Print a summary of the rules governing wagers into and distributions from the common pari-mutuel pool in its program for the day of the race.

(2) Post a complete copy of the rules governing administration of the common pari-mutuel pool prominently at each betting window or group of betting windows in its racetrack enclosure.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.10 Administration of common pari-mutuel pool by a licensed corporation.

An agreement under which a licensed corporation will administer a common pari-mutuel pool shall contain a provision absolving the licensed corporation from liability if it becomes impossible to include wagers placed in another jurisdiction into the common pari-mutuel pool or if a representative of the Commission or licensed corporation determines that attempting to include wagers placed in another jurisdiction in the common pari-mutuel pool will endanger the licensed corporation’s wagering pool.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 173.11 Display of racing and wagering information.

(a) A licensed corporation which establishes a common pari-mutuel pool under this chapter shall present an audio and video display of the race, including the post parade, upon which patrons may place wagers for inclusion into the common pari-mutuel pool.

(b) A licensed corporation which establishes a common pari-mutuel pool under this chapter shall present a video display containing wagering information, such as current odds, pari-mutuel pool totals and probable payoffs for the race upon which patrons may place wagers for inclusion into the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 173 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 173 adopted October 25, 1991, effective October 26, 1991 and apply retroactively to October 15, 1991, 21 Pa.

Part V Harness Racing Commission

Chapter 181 General Provisions

58 Pa. Code § 181.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402). Added money early closing event—An event closing in the same year in which it is to be contested in which entrance, sustaining and declaration fees received are added to the purse. Age, how reckoned—The age of a horse shall be reckoned from the first day of January of the year of foaling, except that for foals born in November and December of any year, in which case the age shall be reckoned from January of the succeeding year effective November 1, 1970, and thereafter. Appeal—A request made to the Commission asking for a review of a decision or ruling of judges or officials. Also a proceeding before the Commonwealth Court of Pennsylvania in accordance with 2 Pa. C.S. § § 501—508 and 701—704 (relating to practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action), or other appellate courts. Association—A corporation licensed by the Commission to conduct harness racing with parimutuel wagering within this Commonwealth. Claiming race—One where a horse which starts may be claimed for a designated amount in conformance with § § 183.151 and 183.152 (relating to claiming races). Commission—The State Harness Racing Commission. Conditioned race—An overnight event to which eligibility is determined according to specified qualifications in conformance with § § 183.121—183.143 (relating to eligibility and classification). Coupled entry—Two or more horses starting in a race when owned or trained by the same person or trained in the same stable or by the same management. Dash—A race decided in a single trial. The number of premiums awarded may not exceed the number of starters in the dash. Declaration—The naming of a particular horse to a particular race. Disqualification—It shall be construed to mean that the person disqualified is barred from acting as an official or from starting or driving a horse in a race. In the case of a disqualified horse, it may not be allowed to start. Early closing race—A race for a definite amount to which entries close at least 6 weeks preceding the race. The entrance fee may be on the installment plan or otherwise, and payments shall be forfeits. No payment on 2-year-olds in early closing events shall be permissible prior to February 15th of the year in which the horse is a 2-year-old. Eligibility certificate—An official written record of a horse. See the definition of ‘‘registration’’ in this section. Elimination heats—Heats of a race split according to § § 183.182 and 183.183 (relating to elimination heats or two divisions; and elimination plans) to qualify the contestants for a final heat. Exotic wagers—Those in which the bettor selects more than two horses in one or more races in a single wager. Expulsion—The unconditional exclusion and disqualification from a participation, either directly or indirectly, in the privileges and uses of the course and grounds of the association of a licensee or patron. Futurity—A stake in which the dam of the competing animal is nominated either when in foal or during the year of foaling. Guaranteed stake—A stake with a guarantee by the party sponsoring it that the sum may not be less than the amount named. Handicap—A race in which performance, sex or distance allowance is made. Post positions for a handicap may be assigned by the Racing Secretary. Heat—A single trial in a race of two or more trials. In harness—The horses participating shall be attached to a dual shaft sulky. Sulkies used in a race shall be equipped with unicolored or colorless wheel discs of a type approved by the Commission and placed on the inside and outside of the wheel. A change in the basic design of a sulky or major equipment shall require Commission approval. Rules, regulations, standards, guidelines affecting the use of any new sulky or equipment shall be approved by the Commission before their adoption. Inquiry—When the judges suspect that a foul or another misconduct occurred during a heat or dash. Interference—An act, which by design or otherwise, hampers or obstructs a competing horse or horses. Invitation race—A race to which only those horses named by the Race Secretary and listed by him with the Presiding Judge shall be eligible. Late closing race—A race for a fixed amount for which nominations or declarations close less than 6 weeks and more than 3 days before the race is to be contested. Law or laws—Shall mean the State Harness Racing Law, act of December 22, 1959 (P. L. 1978, No. 728) (15 P. S. § § 2601—2675) (Repealed) and other related statutory acts. Length of race and number of heats or dashes—Races or dashes shall be given at a stated distance in units not shorter than 1 /16 of a mile. The length of a race and number of heats shall be stated in the conditions. If no distance or number of heats or dashes are specified races shall be a single-mile dash or heat. No 2-year-old shall be permitted to start in a dash or heat exceeding 1 mile in distance. Maiden—A stallion, mare or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered. Match Race—A race which has been arranged and the conditions thereof agreed upon between or among the contestants. Meet—The period for which a license to race has been granted to an association by the Commission. Multiple form of wagering—The correct selection of two or more horses in a designated order of finish in one or more races. Mutuel field—When the individual horses competing in a race exceed the numbering capacity of the Tote, the highest numbered horse capacity of the Tote and horses of a higher number shall be grouped together and called the mutuel field for betting purposes only. Nomination—The naming of a horse or in the event of a futurity the naming of a foal in utero to a certain race or series of races, eligibility of which is conditioned on the payment of a fee at the time of naming and payment of subsequent sustaining fees or declaration fees, or both. Objection—A complaint by a driver of a foul driving or other misconduct occurring during a heat or dash. Overnight event—A race for which entries close not more than 3 days (omitting Sundays) before the race is to be contested. In the absence of conditions or notice to the contrary, entries in overnight events may close not later than 12 noon the day preceding the race. A parimutuel association may not demand declaration fees from owners or trainers of horses competing in an overnight event. Owner—Includes sole owner, part owner or lessee of horse. Paddock—An enclosure in which horses scheduled to compete in a race program are confined prior to racing under the supervision of a paddock judge. Pennsylvania-bred for fair division of sire stakes—The foal shall have been sired by a standardbred stallion standing in this Commonwealth for his full season of service, or dam was owned by a resident of this Commonwealth at the time of breeding or the foaling occurred in this Commonwealth. Pennsylvania-bred for parimutuel division of sire stakes—Horses sired by a stallion registered with the Commission in conformity with § § 183.1 and 183.2 (relating registration; and licensure). Naming of these horses shall be limited to standardbred horses which were sired by a standardbred stallion standing his full season in this Commonwealth. Post position—The position drawn by the horse at the time declarations close. Programmed—Shall mean official program. Protest—An objection, properly sworn to, charging that a horse is ineligible to race, alleging an improper entry or declaration, or citing an act of an owner, driver or official prohibited by the provisions of this chapter, and which, if true, shall exclude the horse or driver from the race. Race officials—The term shall be construed to include the following:

(i) Presiding Judge

(ii) Associate Judges

(iii) Finish Wire Judge

(iv) Patrol Judges

(v) Paddock Judges

(vi) Starters

(vii) Timer

(viii) Clerk of the Course

(ix) Race Secretary

(x) Program Director

(xi) Track Veterinarian

(xii) Equipment Inspector Record—The fastest time made by a winning horse in a heat or dash, in compliance with the requisites of racing. Registration—A certification of ownership, except where there is a direct conflict with the rules, regulations or laws of the Commission, matters regarding registration and eligibility certificates shall be governed in accordance with the rules and regulations as set forth by the United States Trotting Association. Rules—The rules and regulations promulgated by the Commission. Scoring—That preliminary practice taken by the horses in a race after the post parade and before they are called by the starter to line up for the start. Stake—A race that shall be contested in a year subsequent to its closing in which the money given by the association conducting the same is added to the money contributed by the nominators, which belong to the winner or winners. In an event the money contributed in nominating, sustaining and starting payments shall be paid to the winner. Starting point—The point marked on the inside rail where the starter gives the word ‘‘Go’’. Total calculator—An electronic calculator, commonly referred to as a Totalizator, the design of which shall be approved by the Commission, installed for the purposes of designating straight, place and show wagering in the manner described by § 183.11 (relating to liability). Walk-over—When only horses of the same interest start, a walk-over results. In a stake race a walk-over is entitled to stake money and forfeits unless otherwise provided in the published conditions. To claim the purse, the entry shall start and go once over the course unless this requirement is waived by the judges. Winner—The horse whose nose reaches the wire first. If there is a dead heat for first, both horses shall be considered winners. Where two horses are tied in a summary, the winner of the longer heat shall be entitled to the trophy. Where the heats are of the same distance and the horses are tied in the summary, the winner of the fastest heat shall be entitled to the trophy. Wire—A real or imaginary line from the center of the judge’s stand to a point immediately across, and at right angles to the track.

The provisions of this § 181.1 amended under sections 202 and 218 of the Race Horse Industry Reform Act (4 P. S. § § 325.202 and 325.218).

The provisions of this § 181.1 amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1091; amended March 20, 1987, effective March 21, 1987, 17 Pa.B. 1217; corrected February 26, 1988, effective November 8, 1980, 10 Pa.B. 863. Immediately preceding text appears at serial pages (116219) to (116224).

This section cited in 58 Pa. Code § 183.52 (relating to required presence of officials in race).

History

• Authority: The provisions of this § 181.
• Source: The provisions of this § 181.

Chapter 183 Rules of Racing

58 Pa. Code § 183.1 Registration.

All matters relating to the registration of standardbred horses, unless otherwise provided for herein, shall be governed by the Rules of the United States Trotting Association. Pennsylvania stallions, in order to be eligible for Pennsylvania Sire Stakes for any given year, shall have on file a Stallion Certificate of Eligibility no later than December 1 of the preceding year with the Pennsylvania State Harness Racing Commission and a Stallion-Jack License Application with the Pennsylvania Department of Agriculture.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.2 Licensure

No person shall participate in the affairs of any association as director, officer, agent, or employe of such association without first receiving a license from the Commission. Nor shall any person participate in any harness horse race meet as an official, owner, driver, trainer, assistant trainer, groom, or be the holder of any concession or be an employe of any concessionaire unless such person shall first have received a license from the Commission.

(1) The Commission may issue such temporary license or such restricted license as it may deem necessary and desirable.

(2) The Commission may allow an Owner by Agent Agreement for no more than a 60-day period.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.11 Liability.

A person or association licensed by the Commission or a person or association subject to the jurisdiction of the Commission violating this part shall be liable and subject to penalties unless otherwise limited in and by this part. It is the duty and responsibility of these persons and associations to know the provisions of this part.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.12 Attempt to violate.

An attempt to violate the law or this part falling short of actual accomplishment, shall constitute an offense and, upon conviction, is punishable as if consummated.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.13 Penalties.

(a) The penalties for violation of the law or this part is as follows:

(1) Denial, revocation or suspension of license.

(2) Monetary fines not exceeding $5,000 for each violation or forfeiture of purse, or both.

(3) Suspension from one or more activities at one or more tracks.

(4) Expulsion from harness racing in this Commonwealth.

(5) A combination of violations set forth in paragraphs (1)—(4).

(b) A penalty of suspension of days will be applied only to racing days.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.21 Display of license.

During the course of its race meetings, an association shall display the license issued by the Commission for the current year.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.22 Judge’s stand.

The judge’s stand shall be so located and constructed as to afford the officials thereupon an unobstructed view of the entire track, and no obstruction may be permitted upon the track or the center field which shall obscure the judges’ vision of a portion of the track during the race.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.23 Bona fide contest.

Races shall be bona fide contests with the winner receiving the largest share of the purse and the balance of the purse distribution made according to the order of finish. No arrangement for equal distribution of the purse money among the contestants is permitted.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.24 Default in payment of purses.

(a) An association or officer that defaults in the payment of purses will be penalized.

(b) Other than a stake or futurity as covered in subsection (a), no association may enter an agreement with an organization requiring a deduction from the purse payable to owners of money winning horses, unless the agreement provides that a deduction may be made only from those owners entitled to winnings who have expressly consented to the deduction.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.25 Financial obligations.

(a) No permits may be issued under the provisions of the Commission to a person, firm or corporation engaged in the conducting of harness racing on a commerical basis solely with a view to profit unless and until the person, firm or corporation has filed with the Commission:

(1) An accurate financial statement, prepared and certified by a certified public accountant in accordance with sound accounting practice, showing the net worth of the applicant for the permit to be of the amount that the applicant can reasonably be expected to be able to meet certain financial obligation hereinafter referred to, owed to aggrieved parties, and incurred in the actual conduction of the racing meeting the granting of racing dates for which is being applied.

(2) A statement as to how soon after salaries, wages and purses which may become owing by the applicant shall become due and payable.

(b) If, upon examination of such financial statement, the Commission in its discretion should entertain reasonable doubt as to the financial ability of the applicant to meet and discharge all such financial obligations, after taking into consideration the duration of the racing meetings for which dates are sought, the periods of time elapsing between the dates such financial obligations become owing and the dates upon which they become due and payable, the size of the track and plant of the applicant, the probable amounts of such financial obligations, and the probable volume of pari-mutuel or certificate wagering, then, in such event, the Commission may require the filing of a surety bond with the Commission as set forth in this section. In no event shall a person, firm, or corporation having a net worth of less than $100,000 be issued such a permit unless the applicant therefor has filed a surety bond with the Commission as set forth in this section.

(c) In the event that the Commission shall determine, in connection with any application for a permit, that a surety bond as set forth in this section shall be filed with the Commission, such bond shall be in favor of the Harness Racing Commission as obligee, for the use and benefit of all aggrieved parties, shall have sureties to the satisfaction of the Commission, shall be an amount not to exceed $1 million, and shall be conditioned upon payment by the permit holder of all financial obligations. Provided, however, that no bond shall be required under the provisions of this rule in the case of an applicant who has filed with a nationally recognized association of horsemen a bond for substantially equivalent coverage to that herein provided for, the obligee in which is such association for the use and benefit of substantially the same categories of persons.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.26 Claims for unpaid purses.

Claims for unpaid purses shall be filed with the Commission and with the United States Trotting Association. The Commission and the United States Trotting Association may release any performance bond that has been required 60 days after the closing of the meet.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.27 Indemnity by the association.

At a meet of an association, liability shall attach to an association for a race promoted by others, as if the race had been offered by such association.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.28 Dishonored checks.

When an association pays any purse by check, which upon presentation is dishonored, the matter shall immediately be referred to the Commission for disposition.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.29 Racing for less than advertised purse.

No association shall conduct any race for less than said advertised minimum purse without the prior approval of the Commission. An association may be fined the difference between the advertised minimum and the lesser purse for which such race was conducted and the proceeds of such fine shall be distributed among the money winning horses in proportion to their respective winnings. In addition, an association may also be subject to such other penalties as the Commission may deem proper.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.30 Stall applications.

(a) Conditions contained in stall applications shall be submitted to the Executive Secretary for approval prior to issuance or publication.

(b) The Executive Secretary shall be notified of the names of applicants approved for admission to the grounds prior to their notification.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.31 Awards.

Except as provided in this chapter, no association shall advertise to pay or pay any awards other than to the owners of money winning horses. Awards may be made to drivers of horses breaking or equaling track or world records, or to leading drivers providing such awards are announced prior to the meetings. All such awards must have Commission approval.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.32 Paddock.

(a) Every association shall provide paddock or receiving barn containing a minimum of 72 stalls and a minimum of six retention stalls.

(b) The paddock or receiving barn must be completely enclosed with a man-tight fence and all openings through said fence shall be policed so as to exclude unauthorized personnel therefrom.

(c) Horses must be in the paddock at the time prescribed by the Presiding Judge, but in any event not less than 1 hour but not more than 2 hours prior to post time of the race in which the horse is to compete. Except for warm-up trips, no horse shall leave the paddock until called to the post.

(d) The persons entitled to admission to the paddock shall be as follows:

(1) Owners of horses competing on the date of the race and whose horses are in the paddock.

(2) Trainers of horses competing on the date of the race and whose horses are in the paddock.

(3) Drivers of horses competing on the date of the race and whose horses are in the paddock.

(4) Grooms and caretakers of horses competing on the date of the race and whose horses are in the paddock.

(5) Officials whose duties require their presence in the paddock or receiving barn.

(6) Such other persons as are authorized by the Commission.

(e) No driver, trainer, owner-trainer, groom or caretaker once admitted to the paddock or receiving barn shall leave the same other than to warm up said horse until such race, or races, for which he was admitted is contested, provided however, that in the event of an emergency, trainers or grooms may leave the paddock but only with the permission of the paddock judge, in which case the paddock judge shall maintain a written record thereof. Such record shall be delivered to the presiding judge.

(f) No person except an owner who has another horse racing in a later race, or an official, shall return to the paddock until all races of that program have been completed.

(g) No more than two members of a registered stable, other than the driver, shall be entitled to admission to the paddock on any racing day, except by permission of the presiding or paddock judge, or written approval by the Commission.

(h) During racing hours each association shall provide the services of a blacksmith within the paddock.

(i) During racing hours each association shall provide suitable extra equipment as may be necessary for the conduct of racing without unnecessary delay.

(j) Each association shall see that the provisions of this section are rigidly enforced.

(k) The paddock at all times shall be under the supervision of the paddock judge.

(l) Inspector; racing equipment. Every association shall employ a man in the paddock who shall be responsible for maintaining a card which will show a list of all equipment worn, including shoes, and the tattoo number for each horse racing at the meeting. Each time a horse races the equipment inspector shall identify the horse by checking the lip tattoo and shall compare the equipment actually being used on the horse with the approved equipment listed on the card. Any discrepancies discovered through these investigations shall be reported immediately to the presiding judge and his ruling in these matters shall be final.

This section cited in 58 Pa. Code § 183.70 (relating to duties of paddock judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.33 Photo finish; head numbers; saddle pads; starting gate.

At all associations, a photo finish, head numbers, saddle pads and a starting gate must be used. Whenever the judges use a photograph to determine the order of finish, it shall be posted for public inspection. Photo finish equipment shall not be acceptable unless a spinner or target is used therewith. All head numbers and saddle pads shall be maintained in a good and satisfactory condition and replaced as necessary.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.34 Interference with race officials.

Although associations are obligated to supervise their meetings, their interference with the proper performance of duties of any official is prohibited.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.35 Driver’s stand.

Each association shall provide a stand located conveniently to the gate through which the horses enter the race track from the paddock or receiving barn, for the use of drivers scheduled to race. The stand shall permit a clear and adequate view of the race course and shall be properly maintained for the comfort of the drivers.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.36 Post parade from paddock.

At a time designated by the presiding judge, the paddock judge shall cause all horses entered in such heat or dash to be formed in a parade line. Such horses shall be attended by their drivers unless specifically excused by the paddock judge. All horses in heat or race shall parade from the paddock upon the track and before the grandstand not later than 5 minutes before post time. A horse failing to parade without being excused by the judges may be scratched from the race or its driver or trainer may be penalized. Drivers shall not engage in conversation during the post parade.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.37 Requirements for admission of horses to Pennsylvania Pari-Mutuel Racing Association plants.

(a) No horse shall be admitted to any part of the plant or premises of any pari-mutuel racing association under the jurisdiction of the Commission unless a health certificate is presented when admission to the premises is sought. The certificate must state the following regarding the health and physical condition of the horses:

(1) The horse was examined thoroughly within 30 days preceding the date of admission.

(2) The horse was free of any evidence of infectious, contagious, or transmissible disease and was afebrile at the time of the examination.

(3) The horse was free of ectoparasites at the time of the examination.

(4) The horse has not, within the past 2 weeks, been exposed to other horses with any known infectious, contagious or transmissible diseases.

(5) No horse shall be admitted to the grounds under the jurisdiction of the Commission without a certificate that a negative Coggins test has been completed within a period to be specified by the Commission and by laboratories approved by the Commission.

(b) Any horse not having the required health certificate will be unloaded in a quarantine area to be designated by the association. A health certificate meeting the requirements of this rule must be obtained within 24 hours from the time of admission, or the horse must be removed from the premises. A veterinarian will be available on the premises or on call for the purpose of examining the horse and issuing the certificate. If a horse, upon examination, is found to have clinical evidence of infectious, contagious, or transmissible disease, he shall be promptly removed from the premises and the stall in which he has been stabled and the area immediately surrounding it should be sprayed with a disinfectant, as prescribed by the veterinarian of the Commission.

(c) Each racing association shall be responsible for enforcing this rule subject to supervision by designated officials of the Commission.

(d) Any violation of the provisions of this section shall subject the trainer or his designated substitute, if such designation has been made, to those penalties and other provisions of the law and the provisions of this part governing violations of Commission rules.

This section cited in 58 Pa. Code § 183.125 (relating to return of eligibility certificates—E.I.A.).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.38 Stable roster requirements.

Each employer of grooms at a pari-mutuel race track shall be required to submit to the Commission office a stable roster with the name of each employe and license number. He shall inform the Commission promptly of any changes. If any employer does not comply with this requirement a fine may be imposed against him.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.39 Removal of horses from the grounds.

No horse shall be ordered off the grounds without at least 72 hours’ notice, excluding Sunday, to the person in charge of the horse.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.40 Breath analyzer requirements.

Drivers, judges, starters, starting gate drivers and marshals shall be required to submit to a breath analyzer test at each racing program in which they participate. If the results of such test show a reading of .035% or more of alcohol in the blood, none of the above named herein shall be permitted to participate in the racing program. Upon any violation of this rule a report shall be made to the Commission and the United States Trotting Association.

This section cited in 58 Pa. Code § 183.258 (relating to breath analyzer test).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.51 State Harness Racing Commission.

The Commission shall have general jurisdiction over all harness horse racing activities in which pari-mutuel wagering is conducted in the Commonwealth of Pennsylvania and of all the associations, employes and patrons associated therewith.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.52 Required presence of officials in race.

In every race except in qualifying races there shall be present a presiding judge and two associate judges in the judge’s stand, and all other race officials as defined in § 181.1 (relating to definitions), with the exception of the track veterinarian and the equipment inspector.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.53 Approval by Commission; officials’ school.

All race officials shall be approved and licensed by the Commission. No race official, with the exception of a timer, will be considered for approval unless he has attended a United States Trotting Association Officials’ School or such other school designated by the Commission and has satisfactorily passed a written or oral examination, or both, at the conclusion of such school.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.54 Conflict of official’s position.

No official, acting as a presiding, associate, starting, patrol or paddock judge shall serve as a race secretary or a clerk of the course at such meeting. No race official who is under suspension, an owner or otherwise interested in the ownership of any horse participating at such meeting or race, shall be qualified to act as an official.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.55 Removal of official.

Any official may be fined, suspended or his license may be denied or revoked at any time for incompetency, failure to follow or enforce the provisions of this part, or any conduct detrimental to the sport. No race official shall, on any day upon which he is required to officiate, drink alcoholic beverages within 4 hours prior to the time he should begin performing his duties as an official.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.56 Disqualification of an official.

In the event of the disqualification of an official, the Commission shall be so notified immediately. The Commission shall thereafter appoint a substitute.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.57 Conflict of interest.

No employe, officer or racing official of any licensed association shall directly or indirectly be the owner of any horse racing at such meeting, nor shall he participate financially directly or indirectly in the purchase or sale of any horse racing at such meeting.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.58 Admission to Judges’ stand.

Only the judges, the clerk of course, timers, official announcer, officials and Directors of the United States Trotting Association and the Commission or its authorized representatives shall be allowed in the judges’ stand during a race. No exceptions shall be permitted.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.59 Decorum of officials.

All race officials shall at all times during the performance of their duties refrain from using intemperate language or from conducting themselves other than in a judicious manner. Any conduct on their part which could or does tend to detrimentally reflect upon the sport is prohibited.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.60 Presiding judge.

The Commission shall approve and license a presiding judge for all licensed harness race meetings. The presiding judge shall enforce the rules and regulations of the Commission and shall render daily reports of the activities and conduct of such race meetings to the Commission. The presiding judge shall have supervision over all other licensed race officials. He shall, in writing, notify the Commission of all violations of any rules by an association, its officers or other race officials, giving detailed information thereof. A copy of such notice shall be sent by him to the United States Trotting Association. He shall be responsible for maintenance of the records of the racing meet and he shall take charge of the declaration box. He shall establish and maintain post time. In addition, he shall supervise:

(1) The maintenance of the judges’ books, the steward’s list and the accident reports and daily reports of the Commission.

(2) The preparation, delivery and posting of all notices of penalties, rulings and decisions relative to racing.

(3) The procedures prescribed by this chapter with respect to investiga- tions and hearings.

(4) The driver’s meetings prescribed by this chapter.

(5) The handling of declarations to start.

(6) All announcements over the public address system pertaining to the race program.

(7) The coupling of horses accepted for entry where it is necessary to protect the public interest.

(8) The declarations as provided for under § § 183.191—183.206 (relating to declaration to start and drawing horses).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.61 Power of judges.

Collectively, presiding judge and associate judges shall have the authority to:

(1) In cases in which the judges determine that a serious offense may have been committed, the judges may immediately place offending persons on suspension. In any case an oral report followed by a written report shall be made to the executive secretary of the Commission. In cases in which the judges determine that minor violations have occurred, the judges may impose a sentence not to exceed 10 days or a fine, or both.

(2) Determine all questions of fact relating to the race.

(3) Decide any difference between parties to the race or any contingent matter which shall arise which is not otherwise provided for in the provisions of this part.

(4) Declare pools and bets ‘‘Off’’ in case of fraud, or to declare any horse a nonstarter and to direct the refund of all wagers made thereon. All pools and bets shall follow the decisions of the Judges. Such decisions in respect to pools and bets shall be made before or after the conclusion of the race upon the observations of the judges and upon such facts as an immediate investigation will develop. A reversal or change of decision after the official placing at the conclusion of a heat or dash shall not affect the distribution of the betting pools made upon such official placing.

(5) Declare a dash or heat of a race no contest in the event that a track is thrown into darkness during the progress of a race by failure of electricity.

(6) Control the horses, drivers, trainers, grooms and assistants and punish any person who shall fail to comply with the orders of the judges.

(7) Examine under oath all parties connected with a race as to any wrong or complaint. Any person required to appear before the judges for a hearing or examination who shall fail to appear after due notice in writing may be penalized.

(8) Consider complaints of foul from the patrols or drivers in the race and no others.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.62 Duties of judges.

It shall be the duty of the judges to:

(1) Exclude from the race any horse that in their opinion is improperly equipped, dangerous or unfit to race. A horse is unfit to race if he is sick, has impaired vision in both eyes, is weak, or extremely lame. No horse shall race with a tube in its throat. When a driver or owner reports to the presiding judge that his horse is unfit to race, ill, or otherwise physically incapable of racing, the presiding judge shall call for an examination of the horse by the Commission veterinarian. The said veterinarian shall examine such horse and submit an oral report of his findings to the presiding judge immediately, followed by a written report within 24 hours to the presiding judge.

(2) Investigate any apparent or possible interference or other violation of the provisions of § 183.281 (relating to driving procedures), whether or not a complaint has been made by a driver.

(3) Investigate any act of cruelty, seen by them or reported to them, toward a race horse during a meeting at which they officiate. If the judges find that such an act has been committed, they shall penalize the offending person.

(4) Immediately thereafter or on the day of the race the judges shall fill out a complete accident report and mail the report to the Commission and the United States Trotting Association.

(5) Grant a hearing at a designated time in accordance with the provisions of § § 183.451—183.466 (relating to practice before the Commission) before a penalty may be imposed upon any party. All three Judges should be present if possible, and at least the Presiding Judge and one Associate Judge must be present at all hearings. The judges may inflict the penalties prescribed by the provisions of this chapter. All penalties shall be recorded in accordance with the provisions of § § 183.451—183.466. Such penalty is effective from the time the penalized party receives notice thereof in accordance with the provisions of § § 183.451—183.466.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.63 Procedure of judges.

It shall be the procedure of the Judges to:

(1) Be in the stand 15 minutes before the first race and remain in the stand for ten minutes after the last race and at all times when the horses are upon the track.

(2) Observe the preliminary warming up of the horses and scoring, noting the behavior of horses, lameness, equipment, conduct of drivers, changes in odds and any unusual incident pertaining to horses or drivers participating in races.

(3) Have the bell rung or give other notice at least 10 minutes before a race or heat. Any driver failing to obey this summons may be punished and his horse may be ruled out by the Judges and considered drawn.

(4) Designate one of their members to lock the pari-mutuel machines immediately upon the horses reaching the official starting point. The presiding judge shall designate the post time for each race and the horses will be called at such time as to preclude excessive delay after the completion of scoring.

(5) Be in communication with the patrol judges where patrol judges are used, by use of telephonic or radio devices, from the time the starter picks up the horses until the finish of the race. Any violation or near violation of the rules shall be reported by the patrol judge witnessing the incident and written record made of same. The judges assigned to the starting gate shall be in telephonic or radio communication with the judges’ stand.

(6) Post the objection sign, or inquiry sign, on the odds board in the case of a complaint or possible rule violation, and immediately notify the announcer of the objection and of the horse or horses involved. As soon as the judges have made a decision, the objection sign shall be removed, the correct placing displayed and the ‘‘Official’’ sign flashed. The ‘‘Official’’ sign shall not be displayed until all horses and drivers of the race have returned to the place designated by the judges and saluted. Horses and drivers unable to finish the race are excepted. In all instances the judges shall post the order of finish and the official sign as soon as they have made their decision.

(7) Display the photo sign if the order of finish among the contending horses is less than half-length or a contending horse is on a break at the finish. The Judges shall examine the photo and after a decision is made, a copy or copies shall be made, checked by the presiding judge, and posted for public inspection.

(8) Sign the judges’ book after each race, verifying the correctness of the record by the clerk of the course.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.64 Duties of patrol judges.

(a) They shall observe all activity on the race track at all times during the racing program. There shall be not less than two patrol judges except in cases where patrol judge is stationed in starting gate. They shall immediately report to the presiding judge:

(1) Any action on the track which could improperly affect the result of a race.

(2) Every violation of the racing rules.

(3) Every violation of the rules of decorum.

(4) The lameness or unfitness of any horse.

(5) Any lack of proper racing equipment.

(b) The patrol judges shall, furthermore:

(1) Be in telephonic or radio communication with the judges during the course of every race and shall immediately advise the judges of every rule violation, improper act, or unusual happening which occurs at their station.

(2) Submit individual daily reports of their observations of the racing to the presiding judge.

(3) When directed by the Executive Secretary, or the presiding judge, attend hearings or inquiries on violations and testify thereat under oath.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.65 Absent officials.

If any race official is absent or incapacitated, the Executive Secretary of the Commission may appoint a substitute at such meeting. Notice of such appointment shall be given immediately to the United States Trotting Association.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.66 Starter.

The Commission shall approve and license a starter for all licensed harness race meetings. The starter shall be under the jurisdiction of the presiding judge at all times.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.67 Duties of starter.

The starter shall be in the stand or starting gate 15 minutes before the first race. He shall have control over the horses and, subject to the provisions of § § 183.451—183.466 (relating to practice before the Commission), have authority to assess fines or suspend drivers, or both, with the approval of the presiding judge, for any violation of the provisions of this chapter from the formation of the parade until the word ‘‘go’’ is given. He shall notify the judges and the drivers of penalties imposed by him. He shall report violations of the provisions of this chapter, giving detailed information.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.68 Duties of the Clerk of the Course.

The clerk of the course shall:

(1) At the request of the judges assist in drawing positions.

(2) Keep the judges’ book and record therein:

(i) All horses entered and their eligibility numbers.

(ii) Names of owners and drivers and driver’s license numbers.

(iii) A record of each heat, giving the position of the horse at the finish.

(iv) Drawn or ruled out horses.

(v) Time in minutes, seconds and fifths of seconds.

(3) Check eligibility certificates before the race and, after the race, enter all information provided for thereon, including the position of the horse in the race if it was charted.

(4) Record all protests, fines, penalties and appeals on forms provided by the presiding judge, and see that the judges’ book is properly signed.

(5) Forward the judges’ book from all extended pari-mutuel meetings the day following each racing day.

(6) Notify owners and drivers of penalties assessed by the officials.

(7) Upon request, assist judges in placing horses.

(8) After the race, return the eligibility certificate to the owner of the horse or his representative.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.69 Duties of timers.

(a) At each race or performance against time there shall be at least one timer in the judges’ or timers’ stand. He shall sign the judges’ book for each race or performance against time verifying the correctness of the record. All times shall be announced and recorded in fifths of seconds. An approved electronic or electric timing device must be used.

(b) If at any time the electronic or electric timing device should fail, the decision of the manual timer as to the time of the heat or dash shall be official.

(c) The timer shall be in the stand 15 minutes before the first heat or dash is to be contested. He shall start his watch when the first horse leaves the point from which the distance of the race is measured. The time of the leading horse at the quarter, half, three-quarters, and the finish shall be taken. If odd distances are raced, the fractions shall be noted accordingly.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.70 Duties of paddock judge.

Under the direction and supervision of the presiding judge, the paddock judge shall have complete charge of all paddock activities as outlined in § 183.32 (relating to paddock). The paddock judge shall:

(1) Get the fields on the track for post parades in accordance with the schedule given to him by the presiding judge.

(2) Inspect horses for changes in equipment, broken or faulty equipment, head numbers, and saddle pads.

(3) Supervise paddock gate men.

(4) Check horses and drivers in and out.

(5) Direct the activities of the paddock blacksmith.

(6) Immediately notify the presiding judge of anything that could in any way change, delay, or otherwise affect the racing program.

(7) See that only properly authorized persons are permitted in the paddock.

(8) Supervise the identification of horses in the race.

(9) Notify the presiding judge of any change of racing equipment or shoes before the race.

(10) Inspect and supervise the maintenance of all emergency equipment kept in the paddock.

(11) Notify judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race.

(12) Notify judges of all trainers and grooms who leave the paddock in an emergency.

(13) Supervise and maintain cleanliness of paddock.

(14) Supervise the conduct of all persons in the paddock.

(15) Report any cruelty to any horse that he observes to the presiding judge.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.71 Program director

Each association shall designate a program director.

(1) It shall be the responsibility of the program director to furnish the public complete and accurate past performance information as required by the provisions of § 183.92 (relating to program information).

(2) No person shall act as a program director at a pari-mutuel meeting unless he has secured a license from the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.72 Photo finish.

(a) Every association shall provide photo finish service of a type and quality approved by the Commission as an aid to the judges in determining the order of finish.

(b) Whenever the judges call for a photo finish picture to determine the order of the finish they shall cause the word ‘‘photo’’ to be flashed on the infield board and to remain there until the order of finish is determined.

(c) In the event of an electrical or mechanical failure of the photo finish camera, or if a distorted, deceptive or otherwise inadequate picture is developed, the Judges shall decide the order of finish and such decision shall be final.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.73 Duties of race secretary.

The race secretary of each association must be licensed and approved by the Commission and it shall be his duty to do the following:

(1) To receive and to keep safe the eligibility certificates of all horses competing at the race track or stabled on grounds owned or cared for by any association and to return same to the owner of a horse or his representative upon their departure from the grounds.

(2) To be familiar with the age, class and competitive ability of all horses racing at the track.

(3) To classify and reclassify horses in accordance with the provisions of this chapter.

(4) To list horses in the categories for which they qualify and to cause such lists to be kept current and to be properly displayed in the room in which the declaration box is located for examination by horsemen and others.

(5) To write conditions and to schedule the daily racing programs to be presented at the race track and to post same not less than 18 hours before declarations close.

(6) To provide for the listing of horses in the daily program; to examine all entry blanks and declarations; to verify all information set forth therein; to select the horses to start and the also eligible horses from the declarations in accordance with the rules governing these functions.

(7) To examine nominations and declarations in early closing events, late closing and stake events; to verify the eligibility of all declarations and nominations, and to compile lists thereof for publication.

(8) To establish standards for horses. The standards shall be posted at a place in which declarations are made and printed on all conditions and qualifying books.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.74 Commission veterinarian.

(a) The Commission shall designate a duly licensed veterinarian at each association track who shall be known as the Commission veterinarian. His compensation shall be fixed and paid by the Commission.

(b) The Commission veterinarian, unless otherwise directed by the Commission, shall exclusively perform the duties of his office for the Commission and shall not render his professional services to any horsemen on the grounds of the association to which he is assigned during the course of the meeting except in cases of emergency and only as long as the emergency exists. The Commission veterinarian shall:

(1) Examine such horses as the presiding judge may request him to examine and report the findings of such examination to the presiding judge.

(2) Re-examine and approve for release from the steward’s list all horses that have been placed thereon for being lame, sick or injured, before they may be declared in to race again.

(3) Observe the training and warming up of the horses stabled at a licensed race meeting and examine any horse which shall appear ill or infirm, and report thereon to the presiding judge.

(4) Observe the horses in the paddock and while warming up for the racing program and investigate into and examine such horses as appear to him, or are reported to him, to be ill or infirm. He shall report his findings to the presiding judge.

(5) Supervise the taking of blood, urine, or such other samples from the horses as may be directed by the Commission or the presiding judge and be responsible for the proper storing and delivery thereof to the laboratory designated by the Commission and the maintenance of required reports.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.75 Charter.

The charting of races shall be done only by a charter licensed by the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.76 Department of Revenue.

The Department of Revenue shall have authority to prescribe the forms and the system of accounting to be employed by the association, and through its representatives shall, at all times, have power of access to, and examination of any equipment relating to wagering. The Department of Revenue shall have the power to examine, or cause to be examined, the books and records of the association.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.91 Records.

No horse will be permitted to race at an Association track without an eligibility certificate, issued for the current year by the United States Trotting Association and approved by the Commission. Horses must race under the name of the bona fide owner. Horses under lease must race in the name of the lessee and a copy of the lease must be recorded with the United States Trotting Association and with the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.92 Program information.

(a) A printed program shall be available to the public at all meetings where purses are offered.

(b) All programs shall furnish:

(1) Horse’s name and sex.

(2) Color and age.

(3) Sire and dam.

(4) Owner’s name.

(5) Driver’s name and colors.

(6) Trainer’s name.

(7) Type of race and horses, as follows:

(i) Claiming races, the price for which the horse is entered to be claimed shall be indicated. If claimed, later programs shall indicate it.

(ii) Conditioned races, overnights and others. The basic condition shall be indicated adjacent to each past performance line.

(8) At least the last six performances and accurate chart lines (Reference should be made to § 183.197(d) (relating to qualifying races)). An accurate chart line shall include: date of race, place, size of track if other than half-mile, symbol for freelegged pacers, track condition, type of race, distance, the fractional times of the leading horse including race time post position at 1/4, 1/2, 3/4 stretch with lengths behind the leader, finish with lengths behind the leader, individual time of the horse, closing dollar odds, name of the driver, names of the horses placed first, second and third by the judges. The standard symbol for ‘‘breaks,’’ ‘‘interference’’ and ‘‘parkouts’’ shall be used where appropriate. Other generally accepted standard symbols shall be used where necessary along with the proper explanations to the public.

(9) Information indicating drivers racing with a provisional license.

(10) Information indicating pacers that are racing without hopples.

(11) Summary of starts in purse races, best win time and earnings for the current and preceding year. For purpose of the summary, the best win of a horse may be earned in either a purse or nonpurse race. Time trial performance records may be included in the performance lines in a race program, provided six charted race lines are carried when available.

(12) On a separate page, the date of the Annual License of the association, the names of the Commission officials, the names of the officers and directors of the association, and the names of the racing officials for the meeting.

(i) Failure to furnish reliable program information may subject the association or Program Director, or both, to the penalties provided for under the law and the provisions of this chapter.

(ii) Owners, drivers or others found guilty of providing inaccurate information on the performance of a horse, or of attempting to have misleading information given on a program may be penalized.

(iii) When nonbetting races are to be held on the same day immediately before or after the regularly scheduled races and such races are scheduled before the programs are printed, the association shall make available to the public printed program information in the same manner and form as in the case of scheduled races where purses are offered.

(13) Each program shall carry the speed ratings of every pari-mutuel track.

(14) Each program shall contain the following information regarding the rules, regulations and laws governing the following:

(i) The starting rule.

(ii) The breaking rule.

(iii) Rules governing the use of the photo finish.

(iv) Rules regarding and governing various forms of multiple wagering including the Daily Double.

(v) Law regarding payment of certain wagers as required by the IRS.

This section cited in 58 Pa. Code § 183.71 (relating to program director).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.93 Examination of horses or records.

Any association official, representative of this Commission, representative of the United States Trotting Association, owner or driver, may, for cause, call for information concerning the identity and eligibility of any horse on the grounds of an association and may examine such horse or his eligibility certificate with a view to establishing the identity or eligibility of the horse.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.94 Unlicensed charting.

No official, clerk or person shall enter a chart line on an eligibility certificate when the race has not been chartered by a licensed charter.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.95 Withholding eligibility certificate or registration.

No person shall withhold an eligibility certificate or registration certificate from the owner of a horse, after proper demand has been made for the return thereof.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.96 Owner’s and trainers’ reports on ownership and control of horses.

Within 72 hours after arrival at an association track, every owner or trainer, or both, shall file a list, in duplicate, in the office of the race secretary, naming all horses under his ownership or control at such race track. One copy of such list shall be maintained in the office of the race secretary and the duplicate thereof filed with the presiding judge of such meeting.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.97 Tattoo.

No horse shall be permitted to start in any type of race under the jurisdiction of the Commission unless he has been tattooed.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.111 Registration.

(a) The provisions of these § § 183.111—183.113 (relating to racing, farms, or stable names) shall be in accordance with United States Trotting Association Rule 8.

(b) A racing, farm, corporation, or stable name may be used by the owners or lessees of horses if currently registered with The United States Trotting Association. The names of all persons interested in the stable or operating thereunder shall be listed in such registry.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.112 Limitations.

No more than one stable may be registered under the same name. The Commission may prohibit the use of any name which is misleading to the public or unbecoming to the sport.

This section cited in 58 Pa. Code § 183.111 (relating to registration).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.113 Liabilities.

All persons listed in a registered stable shall be liable for entry fees and all penalties against horses raced under such stable name. If one of the persons listed under such stable name is suspended, all the horses in such stable shall be suspended.

This section cited in 58 Pa. Code § 183.111 (relating to registration).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.121 Registration of ownership.

All horses shall be registered in current ownership in accordance with the conditions provided in Rule 26 of the United States Trotting Association as required in PSHRC Rule 2. The owner or owners shall, upon the request of the Commission or its authorized representatives, produce a valid registration certificate.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.122 Issuance of eligibility certificates.

All matters relating to the issuance, procedures and fees for eligibility certificates shall be governed in accordance with U.S.T.A. Rule 9, including information required from horses racing at Canadian tracks and horses that have raced in a country other than Canada.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.123 Tampering with eligibility certificates.

No unauthorized person shall tamper with eligibility certificates. Any winnings, after the tampering, may be ordered forfeited and the offending party may be fined or suspended, or both.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.124 Corrections on eligibility certificates.

Corrections on said certificates may be made only by one of the judges, the Commission or a representative of the United States Trotting Association. Persons making corrections shall affix their initials and date thereon.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.125 Return of eligibility certificates—E.I.A.

If an eligibility or validation certificate has been issued and it is determined thereafter that the horse for which the certificate has been issued has equine infectious anemia or is a carrier thereof, the certificate must be returned immediately by the holder to the United States Trotting Association and the horse must vacate the premises as required under the provisions of § 183.37 (relating to requirements for admission of horses to Pennsylvania Pari-Mutuel Racing Association plants).

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.126 Telegraphic declarations.

(a) No horse shall be declared in to race except as hereinafter stated without first having an elibigility certificate placed on file with the race secretary. Telegraphic declarations may be sent and accepted in accordance with § 183.191 (relating to declaration), without penalty, provided the declarer furnishes adequate program information, but the eligibility certificate must be presented when the horse arrives at the track and before he races.

(b) The race secretary shall check each certificate and certify to the Judges as to the eligibility of all the horses.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.127 Conditioned races.

For purposes of eligibility a racing season or racing year shall be the calendar year. Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word ‘‘preferred’’ is used in a condition it shall not supersede date preference.

(1) Conditions shall be limited to the money earnings of the horses in a specified period of time or number of starts.

(2) Primary conditions shall be nonwinners or winners of more than a stated amount of money.

(3) Not more than two also eligible conditions shall be used in writing the condition of any overnight event.

(4) Age and sex allowances shall apply to the primary condition and shall not be considered an also eligible condition.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.128 Time records or bars prohibited.

No time records or bars shall be used as an element of eligibility.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.129 Date eligibility determined.

Horses must be eligible when entries close, but winnings on the closing date of eligibility shall not be considered.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.130 Conflicting conditions.

In the event there are conflicting published conditions and neither is withdrawn, the more favorable to the nominator shall govern.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.131 Overnight events, standards.

The race secretary shall prescribe standards to determine whether a horse is qualified to race in overnight events at a meeting.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.132 Posting of overnight conditions.

Condition books containing at least three days’ racing programs shall be available to horsemen at least 24 hours prior to taking declarations on races contained therein. Conditions for overnight events must be posted at least 18 hours before entries close. Substituted races may be used only when regularly scheduled races fail to fill.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.133 Types of races to be offered.

(a) In presenting a program of racing, the racing secretary shall use exclusively the following types of races:

(1) Stakes and futurities.

(2) Early closing and late closing events.

(3) Conditioned races.

(4) Claiming races.

(5) Preferred races limited to the fastest horses at the meeting. These may be free-for-all races, JFA, or Invitationals. Horses to be used in such races shall be posted in the office of the Race Secretary and listed with the Presiding Judge. Horses so listed shall not be eligible for conditioned overnight races unless the conditions specifically include horses on the Preferred list. Twelve such races may be conducted during a 6-day period of racing at tracks distributing more than $100,000 in overnight purses during such period, and not more than ten such races shall be conducted at other tracks during a 6-day period of racing, provided that at least two of these races are for 3-year-olds, 4-year-olds, or combined 3 and 4-year-olds. At tracks which race less than 5 days per week, not more than ten such races may be conducted during a 6-day period. Purses offered for such races shall be at least 15% higher than the highest purse offered for a condition race programmed the same racing week.

(b) No 2-year-old or 3-year-old will be eligible to be placed on the Preferred list to race against older horses until it has won seven races, unless requested by the owner or authorized agent. The owner or authorized agent may withdraw such request at his discretion.

(c) Where a meeting is in progress in December and continues in January of the subsequent year, races and earnings won at the meeting may be computed in determining whether a horse may be placed on the preferred list.

This section cited in 58 Pa. Code § 181.1 (relating to definitions); and 58 Pa. Code § 183.135 (relating to named races).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.134 Dashes and heats.

Any dash or any heat shall be considered as a separate race for the purpose of conditioned racing.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.135 Named races.

Named races are not permitted except for the fastest horses at a meeting as set forth in § 183.133(e) (relating to types of races to be offered).

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.136 Selection or drawing of horses.

For all overnight events, starters and also eligibles shall be drawn by lot from those properly declared in, except that a race secretary must establish a preference system for races as provided for in § 183.200 (relating to preference). However, when necessary to fill a card, not more than one race per day may be divided into not more than two divisions after preference has been applied, and the divisions may be selected by the racing secretary.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.137 Posting requirements.

(a) Names of all horses shall be posted by gait with the following information:

(1) Lifetime winnings.

(2) Season’s winnings.

(3) Winnings at the meeting.

(4) Wins during the season.

(5) Age, gait and sex.

(6) Previous year’s earnings.

(7) Date of last win.

(b) There shall be a separate posting of 2, 3 and 4-year-olds.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.138 Rejection of declaration.

(a) The racing secretary may reject the declaration on any horse whose eligibility certificate was not in his possession on the date the condition book is published.

(b) The racing secretary may reject the declaration on any horse whose past performance indicates that he would be below the competitive level of other horses declared, provided the rejection does not result in a race being cancelled. Before doing so, and before post positions for the race have been drawn, the owner or trainer of such horse or horses shall be called to the office and duly advised of the action to be taken.

This section cited in 58 Pa. Code § 181.1 (relating to definitions); and 58 Pa. Code § 183.151 (relating to claiming regulations and procedures).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.139 Substitute and divided races.

Substitute races may be provided for the program of each day and shall be so designated. Declarations in races not filling shall be posted. A substitute race or a race divided into two divisions shall be used only if regularly scheduled races fail to fill. If a regular race fills it shall be raced on the day it was offered. Overnight events and substitutes shall not be carried to the next racing day.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.140 Opportunities to race.

A fair and reasonable racing opportunity shall be afforded both trotters and pacers in reasonable proportion from those available and qualified to race. Claiming races may be carded to the proportion of racing program of each week as the number of claiming authorizations on file with the Racing Secretary bears to the total number of horses on file which are qualified and available for racing.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.141 Qualifying races.

A horse winning a qualifying race shall not be deprived by reason of such performance of his right to start in an event limited to maidens.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.142 Horses prohibited from racing in overnight events.

Any person named in paragraphs (1)—(5) or a member of his immediate family shall not race or permit or cause to be raced any horse in which he has any interest, either direct or indirect, at a racing meet conducted by that Association except in stakes or futurities:

(1) Employe of the Association.

(2) Official of the Association.

(3) Vendor engaged in business on the said premises.

(4) Veterinarians practicing on the said premises.

(5) Stockholders who own 10% or more of the issued stock of the Association conducting the meet.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.143 Supplemental purse payments.

Supplemental purse payments made by a track after the termination of a meeting will be charged and credited to the winnings of any horse at the end of the racing year in which they are distributed, and will appear on the eligibility certificate issued for the subsequent year. Such distribution shall not affect the current eligibility until placed on the next eligibility certificate by the United States Trotting Association.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.151 Claiming regulations and procedures.

(a) A current member or associate member of the United States Trotting Association or a current licensee of this or another jurisdiction may claim any horse in a claiming race if the member, associate member or licensee has on credit, with the association conducting the race, an amount equal to the specified claiming price plus the applicable tax and requisite fees for transfer of title.

(b) The association shall provide an automatic time clock which shall be used to stamp the time the claim is filed in the claim box upon the envelope containing the claim.

(c) Claims shall be in writing on forms and in envelopes provided by the association, sealed and deposited in the claim box at least 15 minutes before the time originally scheduled for the race to begin. A person may file only one claim in one race.

(d) The claiming price shall be printed on the program, and all claims shall be for the amount so designated. If more than one claim is filed for the same horse, the successful claimant shall be determined by lot by the presiding judge.

(e) The association shall provide for an agent who shall, immediately after closing the claim box, deliver it to the presiding judge. The association’s auditor, or the auditor’s agent, shall be prepared to state whether the claimant has on credit, with the association, the amount equivalent to the specified claiming price. A race official may not give information on claims filed until after the race.

(f) If a horse programmed to start in a claiming race is scratched, the horse, on its next start within this Commonwealth, regardless of the conditions of that race, shall be subject to be claimed at the claiming price to which it was subject in the race from which it was scratched. This provision applies for 30 days immediately following the date of the race from which the horse was scratched. The removal of the horse from this jurisdiction shall toll the 30-day period. The 30-day period shall resume when the horse is returned to this jurisdiction.

(g) A horse claimed shall be delivered immediately by the original owner to the successful claimant upon authorization of the presiding judge. The horse’s halter shall accompany the horse. Altering or removing the horse’s shoes will be considered a violation of this rule. Every horse claimed shall race for the interest and for the amount of the owner who declared it in the event. Title to the claimed horse, subject to the conditions and provisions of subsection (h) and § 183.152 (relating to blood sample required where horse is claimed), shall be vested in the successful claimant from the word ‘‘go.’’ The successful claimant shall become the owner of the claimed horse, whether it be alive or dead, sound or unsound, or injured during the race or after it.

(h) A post-race urine or blood test, or both, shall be taken from each horse claimed out of a claiming race. The claim shall be voidable at the claimant’s discretion if the forensic analysis by the Commission’s laboratory results in a positive test for a prohibited substance, as provided in § 183.352 (relating to post-race saliva, urine and blood tests). The claimant shall notify the Presiding Judge in writing within 24 hours of the intention to void the claim and return the claimed horse to the original owner. The claimant shall immediately sign over to the original owner the necessary certificates of ownership of the claimed horse. This subsection does not relieve the original trainer/owner of the responsibility for the condition of the claimed horse during the trainer/owner’s control or care or custody of the horse.

(i) The owner of a horse may not claim it, or cause it to be claimed for the owner’s account.

(j) Before the claimed horse is delivered, the Presiding Judge may require the successful claimant to execute an affidavit stating that the horse is being claimed for the claimant’s account or for the account of a person for whom the claimant is an authorized agent and not for another person.

(k) The presiding judge may void a claim if the horse claimed has impaired eyesight in both eyes or is denerved above an ankle, or if a mare is in foal and the Presiding Judge was not notified before declaration.

(l) If a horse is claimed, no right, title or interest therein may be sold or transferred except in a claiming race for 30 days following the date of claiming. The horse may not race at a track other than the track where claimed for 30 days or the balance of the current racing meeting, whichever comes first, unless released by the racing secretary.

(m) The trainer or driver of a horse may not claim that horse.

(n) A person may not offer, or enter into an agreement, to claim, or not to claim, or attempt to prevent another person from claiming, a horse in a claiming race.

(o) There may not be a change in ownership or trainer once a horse is programmed.

(p) A person may not refuse to deliver a horse legally claimed out of a claiming race.

(q) A person may not enter a horse against which there is a mortgage, bill of sale or lien, unless the written consent of the holder of the claim is filed with the clerk of the course of the association conducting the claiming race.

(r) Subject to the conditions of subsection (h) and § 183.152, the association shall pay the claiming price to the owner at the time the registration certificate is delivered for presentation to the successful claimant.

(s) The successful claimant of a horse who has requested a Coggins test be administered to the horse may not declare or start the horse in future races pending the receipt of a negative test.

(t) Except as provided in § 183.138(a) and (b) (relating to rejection or declaration), a horse owner is not prohibited from determining the price for which that owner’s horse shall be entered.

(u) A claim may not be withdrawn once properly made.

(v) A claiming race may not be offered permitting claims for less than the minimum purse offered at that time during the same racing week.

(w) If the Presiding Judge determines that the declaration or claim of a horse or a claiming race is fraudulent, the Presiding Judge may void the claim. If the Presiding Judge determines that a claim of a horse is fraudulent on the part of the person making the claim, the Presiding Judge may void the claim and may, at the option of the person declaring it in, return the horse to the person declaring it in.

(x) The current registration certificate of horses entered in claiming races shall be on file with the racing secretary together with a separate claiming authorization form signed by the registered owner and indicating the minimum amount for which the horse may be entered to be claimed. To facilitate transfer of claimed horses, the Presiding Judge may sign the transfer but must then send the registration certificate and claiming authorization to the registrar for transfer.

(y) Whenever possible, claiming races shall be written to separate horses 5-year-old and up from young horses and to separate males from females. If sexes are mixed, mares may be given a price allowance.

The provisions of this § 183.151 amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1960. Immediately preceding text appears at serial pages (51823) to (51826).

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.152 Blood sample required where horse is claimed.

(a) If claimant indicates on the claiming form that he desires a blood sample, a licensed veterinarian shall take immediately after the race in the paddock, a blood sample identified as being from the claimed horse. The sample shall be forwarded within 24 hours to a laboratory approved by the Commission to be tested for Equine Infectious Anemia (Coggins Test).

(b) Pending the receipt of a negative test for Equine Infectious Anemia, the monies paid for the claimed horse shall be held by the association. In the event of a positive test for Equine Infectious Anemia, the ownership of the claimed horse shall revert to the owner from whom the horse was claimed and the claiming monies shall be returned to the person or persons who claimed the horse.

(c) The cost of the test is to be borne by the claimant if test is negative. The owner of the horse that was claimed shall pay for test if test is found positive. Final vesting of title to claimed horse shall not be made pending receipt of the results of the test for E.I.A.

This section cited in 58 Pa. Code § 181.1 (relating to definitions); and 58 Pa. Code § 183.151 (relating to claiming regulations and procedures).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.161 Filing conditions; bonds; nomination list; financial statement; forms; estimated purse.

(a) The Rules of the United States Trotting Association shall govern, with the exception of Stakes and Futurities, established by statutes of the Commonwealth.

(b) Rules and regulations of Stakes and Futurities which are not under the jurisdiction of the United States Trotting Association shall be promulgated by the Commission.

(c) All licensed associations that conduct Stakes and Futurities shall submit all conditions and requirements for approval by the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.171 Nominations and sustaining payments.

United States Trotting Association Rule 12, Subsection 4, pertaining to Early Closing Events, Stakes and Futurities is incorporated herein and made a part hereof and shall govern matters related hereto, except that any matter necessitating action by an official of the United States Trotting Association shall be referred to the Commission. All nomination blanks and list of nominations must be submitted to the Commission for approval.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.181 Number of starters to be specified in overnight events; when race must becontested; declaration moneys.

(a) Associations must specify how many starters are required for overnight events and after the condition is fulfilled, the event must be contested except when declared off as provided in § § 183.221 and 183.222 (relating to postponement; and rain checks).

(b) In early closing events or late closing events, if five or more separate interests are declared in to start, the race must be contested except when declared off as provided in § § 183.221 and 183.222. Stakes and Futurities must be raced if one or more horses are declared in to start except when declared off as provided in § § 183.221 and 183.222.

(c) In an early closing event, if less horses are declared in than are required to start and all declarers are immediately so notified, the horse or horses declared in on the grounds and ready to race shall be entitled to all of the declaration money and forfeits from each horse named.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.182 Elimination heats or two divisions.

(a) In any stake event or futurity where the number of horses declared in to start exceeds 14, the race may at the option of the association be raced in elimination heats or divisions. The association exercising such option, however, must do so before positions are drawn. In the event a stake or futurity is split into divisions, the added money for each division shall be at least 20% of all nominations, sustaining and starting fees paid into such stake or futurity, but shall not exceed the advertised added money for a single division if the conditions of the stake so provide.

(b) When the race is an early closing or a late closing event, the race may be divided by lot and at least 50% added to the advertised purse as provided in subsection (a). If three or more divisions are necessary, the track shall add an amount sufficient to allow each division to race for at least 75% of the purse originally advertised.

(c) In an added money closing event or stake with a value of $20,000 or less, the race may be divided and raced in divisions and each division raced for equal share of the total purse if the advertised conditions so provide, provided, however, extended meetings shall add an additional amount so that each division will race for 75% of the advertised added money.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.183 Elimination plans.

The rules of the United States Trotting Association shall govern.

This section cited in 58 Pa. Code § 181.1 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.184 Overnight events.

No more than eight horses shall be allowed to start in overnight events upon which there is pari-mutuel wagering. No horse shall be entered in more than one event on the same program except when the conditions of the race provide that it shall be contested in two or more heats. Trailers may be permitted whenever nine or more horses are allowed to start under this section. No coupled entries shall be permitted in overnight events.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.191 Declaration.

(a) The declaration time shall be 9 a.m. prevailing time. The association shall provide a locked box with an aperture through which declarations shall be deposited.

(b) Declarations by mail or telegraph or telephone actually received and evidence of which is deposited in the box before the time specified to declare in, shall be drawn in the same manner as the others. Such drawing shall be final. When an association requires a horse to be declared at a stated time, failure to declare as required shall be considered a withdrawal from the event.

(c) After the declaration to start has been made, no horse shall be drawn except by permission of the judges.

(d) Prior to the opening of the declaration box, when futurities, stakes, early closing, or late closing events are programmed, the presiding judge shall communicate with the racing secretary to ascertain if any declarations by mail, telegraph or otherwise are in his office and not deposited in the box. If there are such declarations, the presiding judge shall see that they are declared and drawn in the proper event.

(e) To avoid conflicts and misunderstandings, when the time of declaration of any race is stated in days or hours prior to the day of the race, it shall be construed to exclude Sunday.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge); 58 Pa. Code § 183.126 (relating to telegraphic declarations); and 58 Pa. Code § 183.202 (relating to driver information).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.192 Form of declaration.

All declarations must:

(1) Be made in writing on forms approved by the Commission.

(2) Be signed by the owner or his authorized agent in writing, except as provided in Early Closing Events, Stakes and Futurities.

(3) State the name, license number, and address of both the owner and the agent of the registered stable or of the lessee.

(4) State name, color, sex, age, sire and dam of the horse.

(5) Name the event or events in which the horse is to be entered.

(6) Comply with the provisions where declarations are in overnight events.

(7) State the name, license number and registered racing colors of the driver.

(8) State the name and license number of the trainer.

(9) State if pacer is racing free legged or in hopples.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.193 Responsibility of declaration box.

The declaration box shall be the charge of the presiding judge.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.194 Declaration box and drawing of horses at extended pari-mutuel meetings.

(a) The declaration box shall be opened by the presiding judge at the advertised time and the presiding judge will be responsible to see that at least one horseman or an official representative of the horsemen is present. No owner or agent for a horse with a declaration in the declaration box shall be denied the privilege of being present. Under the supervision of the presiding judge, all declarations shall be listed.

(b) The racing secretary shall verify eligibility, ascertain preference, and select starters. The judges will then draw post positions. If it is necessary to reopen any race, public announcement shall be made at least twice and the box reopened to a definite time.

(c) Upon receiving a request by the racing secretary, the presiding judge, in his discretion, may open the declaration box prior to the time of closing and give the racing secretary the opportunity to process declarations contained therein. Information as to names of horses declared shall not be given by the racing secretary or his assistants until after the time for declaration has passed.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.195 Certification of eligibility.

The race secretary shall be responsible for certifying the eligibility of each horse to each race to the judges.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.196 Error in declaration.

Where a horse properly declared, other than by telephone, is omitted from the race by error of the association, the horse may be added to the race but given the outside post position, provided however, that the error is discovered prior to the publication of the official program and said program discloses such position.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.197 Qualifying races.

Declarations for overnight events shall be governed by the following:

(1) Within 2 weeks of being declared in, a horse that has not raced previously at the gait chosen must go a qualifying race under the supervision of the presiding judge or an associate judge. No horse shall be permitted to race at a pari-mutuel track who does not have at least one charted line by a licensed charter at the gait chosen. In order to provide complete and accurate chart information on time and beaten lengths, a standard photo-finish shall be in use.

(2) A horse that does not show a charted line for the previous year must go a qualifying race as set forth in paragraph (1).

(3) Any horse that fails to race within 30 days after having started in the current year must go a qualifying race as set forth in paragraph (1). However, at any race meeting this period can be extended to 60 days upon receiving approval of the Commission. The time period allowed shall be counted from the date of the last race to and including the date of declaration. Horses entered and in to go in race or races which are cancelled due to no fault of their own, shall be considered to have raced in that race. In such cases preference shall revert back to the last purse race and no start shall be counted for conditioned purposes.

(4) When a horse has raced at a charted meeting during the current year and then goes to meetings where races are not charted, the information from the uncharted races may be summarized, including each start, and consolidated in favor of charted lines. The consolidated line shall carry date, place, time, driver, finish, track conditions and distance if race is not at 1 mile.

(5) The judges may require any horse that has been on the steward’s list to go a qualifying race. If a horse has raced in individual time not meeting the qualifying standards for that class of horse, he may be required to go a qualifying race.

(6) The judges may permit a fast horse to qualify by means of a timed workout consistent with the time of the races in which he will compete.

(7) The judges may institute standards or guidelines relating to the performance of the horse which could cause him to qualify. However, such guidelines and standards must be approved by the Commission.

(8) To enable a horse to qualify, qualifying races should be held at least one full week prior to the opening of any meeting and shall be scheduled at least twice a week. Qualifying races shall also be scheduled twice a week during the meeting.

(9) If a horse takes a win race record in a qualifying race, such record must be prefaced with the letter ‘‘Q’’ where it appears, except in the case where, immediately prior to or following the race, the horse taking the record has been submitted to an approved test. It will be the responsibility of the presiding judge to report the test on the judge’s sheet.

(10) Races conducted for the purpose of qualifying drivers only need not be charted, timed or recorded.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge); and 58 Pa. Code § 183.92 (relating to program information).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.198 Coupled entries.

(a) When the starters in a race include two or more horses owned or trained by the same person, or trained in the same stable or by the same management, they shall be coupled as an ‘‘entry’’ and a wager on one horse in the ‘‘entry’’ shall be a wager on all horses in the ‘‘entry.’’ Provided, however, that when a trainer enters two or more horses in a stake, early closing, futurity, free-for-all or other special event under bonafide separate ownership, such horses may, at the request of the association and with the approval of the Commission, be permitted to race as separate entries. The association must make its request to the Commission through the Executive Secretary of the Commission. If the race is split in two or more divisions, horses in an ‘‘entry’’ shall be seeded in separate divisions insofar as possible, but the divisions in which they compete and their post positions shall be drawn by lots. The provisions of this subsection also shall apply to elimination heats.

(b) No driver shall drive a horse in a race in which there shall start another horse which he in any way represents or handles or in which he has an interest unless the horses are coupled as an entry.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge); and 58 Pa. Code § 185.163 (relating to sale of pari-mutuel tickets).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.199 Also eligibles.

Not more than two horses may be drawn as also eligibles for a race and their positions shall be drawn along with the starters in the race. In the event one or more horses are excused by the judges, the also eligible horse or horses shall race and take the post position drawn by the horse it replaces, except in handicap races. In handicap races the also eligible horse shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with similar handicap. No horse may be added to a race as an also eligible unless the horse was drawn as such at the time declarations closed. No horse may be barred from a race to which it is otherwise eligible by reason of its preference due to the fact that it has been drawn as an also eligible. A horse moved into the race from the also eligible list cannot be drawn except by permission of the judges, but the owner or trainer of such a horse shall be notified that the horse is to race and it shall be posted at the office of the Race Secretary. All horses on the also eligible list not moved in to race shall be released at the designated scratch time prescribed by the Presiding Judge of the meet. Also eligibles shall be considered as if they were drawn to race.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.200 Preference.

(a) Preference shall be given in all overnight events according to the last previous purse race of a horse during the current year. The preference date on a horse that has been programmed to race and then scratched is the date of the race from which he was scratched.

(b) When a horse is racing for the first time in the current year, the date of the first declaration shall be considered its last race date and preference applied accordingly.

(c) Where the word ‘‘preferred’’ is used in a condition, it shall not supersede date preference.

(d) The horse having raced closest to the drawing shall have the least preference.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge); and 58 Pa. Code § 183.136 (relating to selection of drawing of horses).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.201 Steward’s List.

(a) A horse may be placed on the Steward’s List if:

(1) it is dangerous.

(2) unmanageable.

(3) sick.

(4) lame.

(5) unable to qualify.

(6) otherwise unfit.

(7) unable to meet the standards and guidelines of the judges.

(b) The horse must be placed on the Steward’s List by the presiding judge and declarations on such horse shall be refused.

(c) Owners and trainers shall be notified in writing of such action and the reason for such action.

(d) The clerk of the course shall make a note on the Eligibility Certificate of such horse showing the date the horse was placed on the Steward’s List, the reason therefore and the date of removal if the horse has been removed.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.202 Driver information.

Declarations shall contain the information required in § 183.191 (relating to declaration). Drivers may be changed without permission until scratch time as designated by the presiding judge. No driver shall be changed thereafter except by permission of the judges and only then for good cause. When a nominator starts two or more horses, the Judge shall approve or disapprove the second, third, and if needed, other drivers.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.203 Withdrawal of horses due to bad weather or track conditions.

It shall be the duty of the presiding judge to call a meeting of all horsemen on the grounds before the opening of an extended pari-mutuel meet for the purpose of electing a member and an alternate to represent them on matters relating to the withdrawal of horses due to bad weather or track conditions.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.204 Questionable track conditions.

In case of questionable track conditions, the presiding judge shall call a meeting consisting of an authorized representative of management, the duly elected member of the horsemen, and himself.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.205 Unpermitted withdrawals.

Upon unanimous decision of this committee of three that track conditions are safe for racing, no unpermitted withdrawals may be made.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.206 Permitted withdrawals.

(a) Any decision other than unanimous by this committee will allow any entrant to scratch his horse or horses after posting 10% of the purse to be raced for. If the number of withdrawals received shall cause the field to be less than five separate betting interests, then the track management shall have the right to postponement of any early closing event or stake and cancellation of an overnight event.

(b) Said money posted shall be forwarded to the Commission and shall be retained as a fine, or refunded to the individual after a decision, based on a hearing by the Commission, has been made as to whether the withdrawal was for good cause. The procedure as set forth in this section shall apply only to the withdrawal of horses properly declared in and does not relate to postponement which is covered elsewhere.

This section cited in 58 Pa. Code § 183.60 (relating to presiding judge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.221 Postponement.

(a) United States Trotting Association Rule 15, section 1, is incorporated herein and made a part hereof and shall govern matters related hereto, except that any matter necessitating action by an official of the United States Trotting Association shall be referred to the Commission.

(b) Each association shall report any postponement to the Commission in an expeditious manner.

This section cited in 58 Pa. Code § 183.181 (relating to number of starters to be specified in overnight events; when race must be contested; declaration moneys).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.222 Rain checks.

In the event of cancellation of any program after the completion of 50% or more of the races scheduled to be run on each program, no rain checks or other similar forms of deferred admissions shall be issued or if issued on admittance, no rain checks will be validated. In the event of cancellation of any program before the completion of 50% or more of the races scheduled to be run on such program, rain checks or other similar forms of deferred free admission shall be issued but no rain check or other form of deferred free admission shall be valid beyond the close of the meeting at which it is issued.

This section cited in 58 Pa. Code § 183.181 (relating to number of starters to be specified in overnight events; when race must be contested; declaration moneys).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.231 Starting gate.

(a) The Starter, under the direction, supervision and control of the presiding judge shall have control of the horses from the formation of the parade until he gives the word ‘‘go.’’

(b) After the preliminary warming up scores or score, the starter shall notify the drivers to come to the starting gate. During or before the parade, the drivers must be informed as to the number of scores permitted.

(c) The horses shall be brought to the starting gate as near one-quarter of a mile before the start as the track will permit.

(d) Allowing sufficient time so that the speed of the gate can be increased gradually, the following minimum speeds will be maintained:

(1) For the first 1/8 mile, not less than 11 miles per hour.

(2) For the next 1/16 of a mile not less than 18 miles per hour.

(3) From that point to the starting point, the speed will be gradually increased to maximum speed.

(e) The starting point will be a point marked on the inside rail at a distance of not less than 200 feet from the first turn. The starter shall give the word ‘‘go’’ at the starting point.

(f) When a speed has been reached in the course of a start there shall be no decrease except in the case of a recall.

(g) In case of a recall a light plainly visible to the driver shall be flashed and a recall sounded. Whenever possible, the starter shall leave wings of the gate extended and gradually slow the speed of the gate to assist in stopping the field of horses. In an emergency, however, the starter shall use his discretion to close the wings of the gate.

(h) There shall be no recall after the word ‘‘go’’ has been given. Any horse, regardless of his position or an accident shall be deemed a starter from the time he entered into the starter’s control unless dismissed by the starter.

(i) The starter shall endeavor to get all horses away in position and on gait but no recall shall be had for a bad actor or breaking horse.

(j) The starter shall sound a recall only for the following reasons:

(1) A horse scores ahead of the gate.

(2) There is interference.

(3) A horse has broken equipment.

(4) A horse falls before the word ‘‘go’’ is given.

(5) When a horse fails to come to the gate before the gate reaches the pole no more than 1/8 or less than 1/16 of a mile before the start, the field may be turned. The term ‘‘failure to come to the gate’’ shall be interpreted to mean that the horse stops, turns, and goes in a direction opposite from that of the starting gate, or is hopelessly outdistanced.

(6) Each Association must specify in writing to the Commission the exact distance prior to the commencement of their meet and have it clearly defined in their program.

(k) Penalties may be imposed against any driver by the starter, with the approval of the presiding judge, for:

(1) Delaying the Start.

(2) Failing to obey the starter’s instructions.

(3) Rushing ahead of the inside or outside wing of the gate.

(4) Coming to the starting gate out of position.

(5) Crossing over before reaching the starting point.

(6) Interference with another driver during the start.

(7) Failure to come up into and stay in position.

(l) No person shall be allowed to ride in the starting gate except the starter and his driver or operator, and a patrol judge, unless permission has been granted by the Commission.

(m) Use of a mechanical loudspeaker for any purpose other than to give instructions to drivers is prohibited. The volume shall be no higher than necessary to carry the voice of the starter to the drivers.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.232 Number of scores.

Horses shall be permitted to take one or two scores before going to the post and upon completion of the scores, the horses shall be gathered by the starter and immediately moved into their positions behind the gate. Horses shall not be held in excess of 2 minutes before post time except when delayed by an emergency.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.233 Vacancy in a tier.

In the event there are two tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier. Whenever a horse is drawn from any tier, horses on the outside move in to fill up the vacancy.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.234 When race starts; drivers mounted at finish.

The horses shall be deemed to have started when the word ‘‘go’’ is given by the starter and all the horses must go the course except in the event of an accident in which case the judges may deem it impossible to go the course. Drivers must be mounted at the finish of the race or the horse shall be placed as not finishing.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.235 Unmanageable horses.

If in the opinion of the judges or the starter a horse is unmanageable or liable to cause accidents or injury to any other horse or to any driver, it may be sent to the barn. When this action is taken, the starter will notify the judges who will in turn notify the public.

This section cited in 58 Pa. Code § 183.236 (relating to placing bad acting horses on outside positions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.236 Placing bad acting horses on outside positions.

At nonwagering meetings the starter may place a bad acting horse on the outside at his discretion. At pari-mutuel meetings, such action may be taken only where there is time for the starter to notify the judges who in turn will notify the public prior to the sale of tickets on such race. If tickets have been sold, the bad acting horse must be scratched under the provision of § 183.235 (relating to unmanageable horses).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.237 Starting gate requirements.

Every Association shall utilize a mobile starting gate of a type and quality approved by the Commission. Every Association shall furthermore maintain a standby mobile starting gate similarly approved. The arms of all starting gates shall be provided with a screen or a shield in front of the position for each horse and such arms shall be perpendicular to the rail. Starting gates at pari-mutuel tracks shall be equipped with systems approved by the Commission providing direct two-way voice communication with the judges stand.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.238 Gate malfunctions.

Every licensed Starter is required to check his starting gate for malfunctions before commencing any meeting, and to practice procedures to be followed in the event of a malfunction. Both the starter and driver must know the emergency procedures and the starter is responsible for the training of his driver.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.239 Operation of starting gate.

The association may employ additional persons to assist the starter in the performance of his duties and such personnel shall be licensed and approved by the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.240 Positions in winning heat.

The horse winning a heat shall take the pole the succeeding heat, and all others shall take their positions in the order they were placed the last heat. When two or more horses shall have made a dead heat, their positions shall be settled by lot.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.241 Starting without gate.

If due to an emergency it is impractical to start the horses with a mobile gate the horses may be started under United States Trotting Association Rule 16, sections 4 and 5. No horses shall be started using an overhead or snap barrier.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.242 Refunds of entry money.

No refunds of entry money can be made for any purposes once the entered horse is in the control of the Starter except as provided in United States Trotting Association Rule 12, section 2.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.251 Application for license.

Every person desiring to be an owner, trainer, driver, or groom, at a race meeting licensed by the Commission shall be required to obtain a license from the Commission. Applications may be filed at any Commission office.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.252 Application and qualifications for a driver’s license.

All license requirements will be in accordance with the United States Trotting Association Rule 17, except a restricted license as provided for in the United States Trotting Association Rule A-1, section 3.

(1) The Commission shall deem a driver as qualified to compete if he has obtained a United States Trotting Association license, either Provisional (P), Restricted (V), or Full Drivers (A). In cases where drivers are provisional (P), it shall be so noted on the program. In addition to any other requirements mentioned herein the applicant shall:

(i) Furnish a complete application form.

(ii) Produce a driver’s license for the current year issued by United States Trotting Association.

(2) All penalties imposed on any driver will be recorded on the reverse side of his United States Trotting Association driver’s license by the presiding judge.

(3) In the event any person is involved in an accident on the track, the Commission may order such person to submit to a physical examination and such examination must be completed within 30 days from such request or his license may be suspended until compliance therewith.

(4) Such license shall be presented to the clerk of course before driving.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.253 Trainers; application for license.

(a) The Commission shall deem a trainer as qualified for licensing if he has obtained a United States Trotting Association Trainers License for the current year. However, if the applicant satisfies the Commission that he possesses the necessary qualifications both mental and physical, to perform the duties required, a license may then be issued valid for the horses owned wholly or in part by such applicant.

(b) All other requirements will be in accordance with the United States Trotting Association Rule 17 for a trainers license.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.254 Grooms, applications for license.

An applicant for a license as a groom must satisfy the Commission that he possesses the necessary qualifications, both mental and physical, to perform the duties required. Elements to be considered, among others, shall be character, reputation, temperament, experience, knowledge of the rules of racing and of the duties of a groom. Applicants between the ages of 16 and 18 years of age must submit Pennsylvania State working papers or an ‘‘Educational Certificate’’ together with their application. No license shall be issued to applicants under 16 years of age.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.255 Suspension or revocation of drivers’, trainers’ or grooms’ license.

The license of any driver, trainer or groom may be suspended, revoked or a money fine may be imposed, at any time for:

(1) Failure to obey the instructions of a racing official.

(2) Failure to drive in a race when programmed, unless excused by the presiding judge.

(3) Consumption of intoxicating beverages within 4 hours of the first post time of the program on which he is carded to drive.

(4) Appearing in the paddock in an unfit condition to perform his duties.

(5) Fighting.

(6) Assault upon any other person.

(7) Offensive or profane language.

(8) Smoking while on the race track in silks and during actual racing hours.

(9) Warming up a horse without silks at any time after the admission gates are open.

(10) Disturbing the peace.

(11) Refusal to take a breath analyzer test.

(12) Refusal, when requested by the Commission to submit evidence of physical and mental ability or to submit to a physical examination, or both.

(13) Failure to participate in post parade, unless specifically excused by presiding judge.

(14) Any other act or conduct detrimental to the sport.

(15) Violation of any rule of the Commission.

(16) Falsifying or misrepresenting answers on the application for license.

(17) Failure to name a driver at the properly prescribed time of the race meet.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.256 Reinstatement of license of drivers, trainers and grooms.

A license may be reinstated by the Commission, in its discretion, upon application and upon such terms as the Commission may prescribe.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.257 Required time drivers should be present in paddock prior to race.

Drivers shall be in the paddock at least 1 hour before post time for the races in which they are scheduled to drive.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.258 Breath analyzer test.

(a) Breath analyzer tests shall be taken in accordance with § 183.40 (relating to breath analyzer requirements).

(b) Trainers and grooms designated by the presiding judge or a Commission official shall take a breath analyzer test.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.259 Wearing distinguishing colors.

(a) Drivers must wear distinguishing colors. No driver shall be permitted to start in a race or other public performance unless in opinion of the judges he is properly dressed.

(b) When drivers are participating in races during inclement weather, they shall wear rain suits of their registered colors, or suits made of a transparent material through which their colors may be distinguished.

(c) Those drivers not complying with above requirements must race in their regular colors.

(d) All drivers in a race must wear white driving pants.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.260 Wearing colors at betting window, grandstand, clubhouse or bar.

No driver wearing colors shall appear at a betting window, grandstand or clubhouse, or at a bar in a restaurant dispensing alcoholic beverages.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.261 Registered colors.

No driver or trainer shall be allowed to drive in any race or public performance, or to otherwise appear on the race track during the racing program unless wearing his own or his owner’s registered colors. No driver may appear in colors registered in the name of another, without the special permission of the presiding judge.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.262 Safety helmets.

No driver will be permitted to drive in a race unless he is wearing a protective safety helmet of a type satisfactory to the Commission and constructed with a hard shell and containing adequate padding and an adequate chin strap in place.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.263 Limitations on use of hand holders.

Drivers shall not put their hands or wrists through the handholders while competing in races.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.264 Drivers’ meetings.

(a) Before the first heat or race at any meeting is contested the racing officials and drivers shall meet at a time and place to be designated by the presiding judge. Notice of the time and place of such meetings shall be published on the bulletin board in the office of the race secretary and declaration room at least 48 hours prior to the meeting, and shall be announced over the public address system 1 hour prior to the meeting.

(b) The officials will announce any special rules affecting the race meeting and shall explain such of the rules of racing as shall be requested, especially those of an interpretative nature. At the conclusion of such meeting special rules shall be posted on the bulletin board in the declaration room and an appropriate number of copies shall be given to the horsemen’s representative. Drivers shall be responsible for knowing the rules of racing.

(c) No driver shall be permitted to drive unless he has attended the meeting or has met with the officials. It shall be the duty of the driver to request a meeting. Upon request it shall be incumbent upon the presiding judge or associate judges to explain the rules.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.265 Removal and substitution of drivers.

If the Judges believe a driver is unfit or incompetent to drive, or if he refuses to comply with the direction of the judges, or is reckless or unmannerly in his conduct, he may be removed and penalized and another driver may be substituted at any time. Compensation of a substitute driver may be fixed at the discretion of the judges. No driver shall, without sufficient reason, decline to be substituted by the judge. The substitution of a driver for a valid reason may not be cause for the scratching of a horse as it shall be presumed wagers are made on the horse.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.266 Owners; application for license.

Every owner desiring to enter a harness horse at a race meeting licensed by the Commission shall be required to obtain a license from the Commission. The application shall be on forms provided by the Commission. ‘‘Owner’’ includes sole owner, part owner or lessee of a horse.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.267 Qualifications for owner’s license.

Every applicant for a license as an owner in addition to other requirements in this chapter shall be in accordance with the following:

(1) Be at least 18 years of age unless a parent or legal guardian expressly assumes responsibility for an applicant who is under 18 years of age.

(2) Submit evidence of good moral character.

(3) Furnish a completed application form.

(4) If a horse is owned jointly by two or more parties all parties shall comply with paragraphs (1)—(3).

(5) If a horse is owned in whole or in part by a corporation, all officers and directors shall comply with paragraphs (1)—(3). In addition, all shareholders shall comply with paragraphs (1)—(3), unless requirements are waived by the Commission.

(6) No corporation or partnership or registered stable of more than ten persons formed after April 1, 1962, will be acceptable either to race or to lease horses for racing.

(7) For the purposes of determining the maximum of 10 persons described in paragraph (6), who can be involved in the ownership or lease of a horse for racing purposes, blood relatives of a single family including father, mother, brother, sister, aunts, uncles, grandparents, nieces and nephews shall be regarded collectively as one shareholder, partner or member as the case may be.

(8) In the event that an owner is not licensed, the Commission may, upon receipt of a security deposit, permit a licensed agent to act as representative for the owner. Should the owner fail to obtain a license within the prescribed period, not to exceed a 60-day period, the security deposit will be forfeited. Only those persons having an owner, trainer or driver’s license valid for the current racing year shall be eligible to act as an agent for an owner.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.268 Suspension or revocation of owners’ licenses.

The license of an owner may be suspended, revoked or a money fine may be imposed for:

(1) Failure to obey the instructions of a racing official.

(2) Failure to race his horse when programmed, unless excused by the presiding judge.

(3) Misconduct or acts detrimental to the sport.

(4) Violation of any rule of the Commission.

(5) Falsifying or misrepresenting answers on an application for an owner’s license.

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on ‘‘any person,’’ 58 Pa. Code § 183.268, or the ‘‘person or persons having control or custody,’’ 58 Pa. Code § 183.352(b). Reichard v. State Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

Although Commission erroneously discussed Petitioner’s liability in terms of being a trainer rather than horse owner or veterinarian, Petitioner was still liable as the person having control of the horse, 58 Pa. Code § 183.352(b), and under the standards for a veterinarian, 58 Pa. Code § 183.356 or a licensed owner, 58 Pa. Code § 183.268. Reichard v. State Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.269 Reinstatement of owner’s license.

A license may be reinstated by the Commission, in its discretion, upon application and upon terms as the Commission may prescribe.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.270 Trainers’ duty regarding racing of horses.

A trainer is responsible for the timely attendance of his horse when it is being raced, and he shall attend his horse in the paddock to supervise the preparation of the horse when it is in the paddock until his horse’s race commitments are completed, except when permission to leave is granted by the paddock judge.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.271 Absence of trainer; notice; substitute trainer.

If a licensed trainer is to be absent from the track where employed, the presiding judge shall be immediately notified in writing and at that time a licensed substitute trainer, acceptable to the presiding judge, shall be appointed to assume responsibility for the horses racing during the absence of the regular trainer. The name of the substitute trainer shall appear on the program if possible. The presiding judge shall be advised immediately when the regular trainer is present and resumes his duties.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.272 Insurance and Workmen’s Compensation.

Every owner, driver or trainer who employs or hires a person required by the laws of the Commonwealth to be covered by Workmen’s Compensation shall furnish proof satisfactory to the Commission that the owner, driver or trainer has adequate Workmen’s Compensation Insurance in Pennsylvania. No person who employs or hires a person required by the laws of the Commonwealth to be covered by Workmen’s Compensation may be licensed, unless the person is carrying adequate Workmen’s Compensation Insurance.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.281 Driving procedures.

Although a leading horse is entitled to any part of the track except after selecting his position in the home stretch, neither the driver of the first horse nor any other driver in the race shall commit any of the following acts which shall be deemed violations of the driving rules:

(1) Change either to the right or left during any part of the race when another horse is so near him that in altering his position he compels the horse behind him to shorten his stride, or causes the driver of the other horse to pull him out of his stride.

(2) Jostle, strike, hook wheels or interfere with another horse or driver.

(3) Cross over sharply in front of a horse or field of horses, in a reckless manner, endangering other drivers.

(4) Swerve in and out or pull up quickly.

(5) Crowd a horse or driver by ‘‘putting a wheel under him.’’

(6) ‘‘Carry a horse out’’ or ‘‘sit down in front of him,’’ take up abruptly in front of other horses so as to cause confusion or interference among the trailing horses.

(7) Lay off a normal pace and leave a hole when it is well within the horse’s capacity to keep the hole closed.

(8) Cause any horse or field of horses to excessively slow down. Drivers of trailing horses failing to properly contest an excessively slow pace may be penalized.

(9) Let a horse pass inside needlessly.

(10) Commit any act which shall impede the progress of another horse or cause him to ‘‘break.’’

(11) Change course after selecting a position in the home stretch and swerve in or out, or bear in or out, in such manner as to interfere with another horse or cause him to change course or take back.

(12) Drive in a careless or reckless manner.

(13) Whipping under the arch of the sulky shall be punished by a fine or suspension, or both.

(14) The brutal use of a whip or crop, punching, jabbing or kicking a horse or using a whip so as to interfere with or cause disturbance to any other horse or driver in a race is prohibited and shall be considered a violation of this rule.

A videotape and the testimony of a presiding judge regarding petitioner’s failure to ‘‘close a hole’’ in a race and the manner in which his whip managed to elude his grasp was substantial evidence of violations of the regulations. Frizalone v. Harness Racing Commission, 535 A.2d 288 (Pa. Cmwlth. 1987).

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.282 Complaints by drivers, judges stand.

Complaints by drivers of foul driving or other misconduct during the heat or dash shall be made at the termination of the heat or dash, unless the driver is prevented from doing so by accident or injury. At the conclusion of each heat or dash, every driver shall return to a point designated by the presiding judge to be dismissed by the judges. A driver desiring to enter a claim of foul or another complaint of violation of the rules shall indicate to a judge his desire to enter a claim or complaint and forthwith upon dismounting shall proceed to the telephone or judges stand where and when the complaint shall be immediately considered. In cases of injury to either horse or driver or broken equipment, the driver may approach the nearest official on foot and indicate his desire to enter a claim of foul. Otherwise he shall make the claim before dismounting. The judges may not cause the official sign to be displayed until the complaint has been entered and considered. After being dismissed by the judge, drivers shall return to the paddock and remain there until the race is made official.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.283 Violations involving coupled entries; complaints; penalties.

If any of the above violations are committed by a person driving a horse coupled as an entry in the betting, the judges may set both horses back, if, in their opinion, the violation may have affected the finish of the race. Otherwise, penalties may be applied individually to the drivers of an entry.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.284 Placing offending horse.

In case of interference, collision or violation of this part, the offending horse may be placed behind the unoffending horses in the heat or dash, and in the event the collision or interference prevents a horse from finishing the heat or dash, the offending horse may be disqualified from any winnings and the driver may be penalized. In the event a horse is set back under this section he shall be placed behind the horses with whom he interfered.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.285 Fraudulent or unsatisfactory driving.

(a) Every heat or dash in a race shall be contested by every horse in the race and every horse shall be driven to the finish.

(b) If the judges believe that a horse is being driven, with a design to prevent his winning a heat or dash which he was evidently able to win; or is being raced so as to perpetrate or aid in a fraud, they shall consider it a violation and the driver, and anyone in concert with him, may be fined, suspended, or expelled and the matter referred to the Commission.

(c) In the event a drive is unsatisfactory due to carelessness or indifference, or is being raced in an inconsistent manner compared to an established pattern of prior performances, and the judges believe that there is no fraud, they may forthwith impose a penalty.

A videotape and the testimony of a presiding judge regarding petitioner’s failure to ‘‘close a hole’’ in a race and the manner in which his whip managed to elude his grasp was substantial evidence of violations of the regulations. Frizalone v. Harness Racing Commission, 535 A.2d 288 (Pa. Cmwlth. 1987).

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.286 Failure to finish.

If for any cause other than being interfered with, broken equipment or unavoidable accident, a horse fails to finish after starting a heat or dash, that horse shall be ruled out.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.287 Shouting.

Continuous loud shouting is forbidden in a race.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.288 Whips.

Drivers will be allowed whips not to exceed 4 feet, 8 inches, plus a snapper not longer than 8 inches.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.289 Use of goading devices, and the like.

The possession or use of a goading device, chain or mechanical devices or appliances, other than the ordinary whip or crop upon any horse in a race shall constitute a violation of these § § 183.281—183.302 (relating to racing and track rules).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.290 Hopples.

No horse shall wear hopples in a race unless he starts in same in the first heat or dash and having so started he shall continue to wear them to the finish of the race. Any person found guilty of removing or altering a horse’s hopples during a race, or between races, for the purpose of fraud, shall be penalized. Any horse habitually wearing hopples shall not be permitted to start in a race without them except by the permission of the judges. Any horse habitually racing free legged shall not be permitted to wear hopples in a race except with the permission of the Judges.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.291 Head poles.

No horse shall be permitted to wear a head pole protruding more than 10 inches beyond his nose.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.292 Breaking.

(a) When a horse breaks from its gait in trotting or pacing, the driver shall at once, where clearance exists, take the horse to the outside and pull it to its gait.

(b) The following shall be considered violations of section 12Q:

(1) Failure to properly attempt to pull the horse to its gait.

(2) Failure to take to the outside where clearance exists.

(3) Failure to lose ground by the break.

(c) If there has been no failure on the part of the driver in complying with subsection (b)(1)—(3), the horse may not be set back unless a contending horse on his gait is lapped on the hind quarter of the breaking horse at the finish.

(d) The judges may set any horse back one or more places if in their judgment any of the violations listed in this section have been committed, and the driver may be penalized.

The provisions of this § 183.292 corrected August 2, 1996, effective November 1980, 26 Pa.B. 3636. Immediately preceding text appears at serial pages (51852) to (51853).

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like); and 58 Pa. Code § 183.294 (relating to calling and noting breaks).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.293 Fraudulent breaking.

If a driver causes or allows his horse to break for the purpose of fraudulently losing a heat or dash, he shall be liable to the penalties hereunder.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like); and 58 Pa. Code § 183.294 (relating to calling and noting breaks).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.294 Calling and noting breaks.

To assist in determining the matters contained in § § 183.292 and 183.293 (relating to breaking; and fraudulent breaking) it shall be the duty of one of the judges to call out every break made and the clerk shall at once note the break and character of it in writing.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.295 Time between heats.

The time between heats for any distance up to and including a mile shall be not less than 40 minutes. For a distance in excess of 1 mile the time shall be established by the presiding judge but shall not be less than 40 minutes. No heat or dash shall be called after sunset where the track is not lighted for night racing.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.296 Right of the course.

Horses called for a race shall have the exclusive right of the course and all other horses shall vacate the track at once, unless permitted to remain by the judges.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.297 Accidents.

In the case of accidents, only so much time shall be allowed before continuing as the judges may deem necessary and proper.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.298 Finishing.

A driver must be mounted in his sulky at the finish of the race or the horse must be placed as not finished.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.299 Wheel discs and guards.

It shall be the responsibility of the owner and trainer to provide every sulky used in a race with unicolored or colorless wheel discs on the inside and outside of each wheel of a type approved by the Commission. In his discretion, the Presiding Judge may order the use of mud guards.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.300 Registration of denerved horses.

All denerved horses entered in any claiming race must be registered with the Commission veterinarian on forms provided by the Commission for that purpose. No unregistered denerved horse shall be entered in a claiming race, nor shall a horse be registered as denerved when, in fact, it has not been. No high nerved horses shall be entered in any race. The Commission veterinarian shall inform the presiding judge of such horses and it shall be the duty of the judge to post the list of denerved horses, racing at the meeting, on the bulletin board in the declaration room.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.301 Mares in foal.

No mares known to be in foal shall be entered in claiming races.

This section cited in 58 Pa. Code § 183.289 (relating to goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.302 Spayed mares.

The fact that a mare has been spayed must be noted on the registration certificate, and the eligibility certificate. It shall be the responsibility of the owner to report the fact that the mare has been spayed to the United States Trotting Association and return its papers for correction. A list of spayed mares shall be posted by the race secretary on the bulletin board in the declaration room.

This section cited in 58 Pa. Code § 183.289 (relating to use of goading devices and the like).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.311 Heat racing.

All heat racing shall be raced under Rule 19 of the United States Trotting Association Rules and Regulations.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.312 Computation and payment of purses.

(a) Any racing association which has an agreement with the horsemen to pay purses of an established percentage of the Association’s share of the revenue obtained from the money wagered, shall each week post a statement of the previous week’s handle, the proposed allotment to horsemen and the amount of purses paid. Such posting shall be on the bulletin board in the entry room.

(b) Any association sponsoring stakes races or early closing events may withhold, during any current meeting, an amount sufficient to compensate the association for the costs of such races and events. However, in no event shall the money due the horsemen in purses above that amount be allowed to exceed $25,000.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.313 Delivering of winnings to owners.

Winnings from horses shall not be delivered to any owner until the owner has first been duly licensed by this Commission for the current season.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.314 Deductions.

All purses contested for shall be distributed according to the conditions of the race. No deduction, voluntary or involuntary, may be made from any purse or stake or futurity other than for payments to be made to owners of money winning horses.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.315 Special awards.

Except for awards to be made to drivers of horses breaking or equalling track or world records, or to leading drivers at a race meeting, no association shall advertise to pay or pay any awards other than to the owners of money winning horses.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.331 Improper language.

(a) No owner, trainer, driver, groom or any other person shall use improper language to any race official, or be guilty of any improper conduct toward such officials or persons serving under their order when such improper language or conduct has reference to the administration of the course or of any race thereon.

(b) The same shall apply to the Commission and its representatives in the performance of their duties.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.332 Assault and battery.

No person shall commit an assault and battery on any driver, trainer, groom, racing official or Commission employe, on the grounds of a racing association, or on a racing official or Commission employe who is in the performance of his official duties.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.333 Threats to impede race.

No owner, trainer, driver or groom shall threaten to commit or shall commit or shall conspire with others to commit any act intended to impede, embarrass, or prevent the conduct or continuation of any race meeting.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.334 Award as condition of starting.

No owner, agent or driver who has declared a horse shall thereafter demand of the association a bonus of money or other special award or consideration as a condition for starting the horse.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.335 Wagers forbidden.

(a) No owner, trainer, driver, agent, employe or groom shall place a wager on any other horse in any race in which he shall start a horse owned, trained, or driven by him, or which he in any way represents or handles as a starter. Nor shall he cause such a wager to be placed on his behalf.

(1) The provisions of these § § 183.331—183.343 (relating to decorum) shall be interpreted to mean no owner, driver, agent, employe or groom shall bet his horse in Exacta type wagering except to win, nor shall he cause such a wager to be made on his behalf.

(2) In Trifecta type wagering such person or persons may purchase separate tickets betting their horse to win and then in combination with any other horses desired. No boxing of combinations shall be permitted.

(3) It shall be presumed that a wager made in Quiniella type wagering is a win wager.

(b) Employes or officers of an association engaged in the active management of the association, working in the publicity or public relations department, paddock area, pari-mutuel department, program department, security department or department of the race secretary are prohibited from making wagers or causing wagers to be made at any race meeting conducted by such association.

(1) All concession employes who are not permitted to wager under terms of any contract covering their employment or by reason of any policy established by their employer or employers as a condition of employment shall not be permitted to wager or cause wagers to be made on races conducted at the tracks where they are employed while on the premises performing their duties.

Character and General Fitness

Where applicant for a harness racing license admitted placing a bet for a friend, using the applicant’s own money for the wager and where after the race the applicant cashed the tickets, the Racing Commission was correct in finding that the character and fitness of the applicant were consistent with neither the public interest nor the best interests of racing in Pennsylvania. Belote v. State Harness Racing Commission, 688 A.2d 264 (Pa. Cmwlth. 1997); appeal denied, 699 A.2d 736 (Pa. 1997).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.336 Fraudulent or injurious conduct forbidden.

Any misconduct on the part of a licensee, patron or participant, fraudulent in its nature or injurious to the sport, although not specified in this subpart, is forbidden. Any person or persons who, individually or in concert with one another, shall fraudulently and corruptly, by any means, affect the outcome of any race or affect a false registration or commit any other act injurious to the sport, shall be guilty of a violation.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.337 Conspiracy to commit violations.

(a) If two or more persons shall combine and confederate together in any manner, regardless of where the said persons may be located, for the purpose of violating any of the provisions of this subpart and shall commit some act in furtherance of the said purpose and plan, it shall constitute a conspiracy and therefore a violation.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.338 False testimony.

When an oath is administered by a judge, representative of this Commission, notary public, or any other person legally authorized to administer oaths and the party knowingly swears false or withholds information pertinent to an investigation conducted under the provisions of this part, he shall be penalized.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.339 Misconduct and association with undesirables, bribery.

(a) The Commission may impose the penalties as prescribed by law if it finds that any licensee or other person subject to the jurisdiction of the Commission:

(1) Is associating, consorting or negotiating with bookmakers, touts or other persons of similar pursuits.

(2) Is associating, consorting or negotiating with persons who have been convicted of a crime.

(3) Is guilty of a fraud or has attempted any fraud or misrepresentation in connection with racing, breeding or otherwise.

(4) Has violated any law, rule or regulation with respect to racing in any jurisdiction.

(5) Has violated any rule, regulation or order of the Commission.

(b) The Commission may impose the penalties as prescribed by law if it finds that the experience, character or general fitness of any person is such that his or their participation in harness racing or related activities would be inconsistent with the public interest, convenience or necessity or with the best interests of racing generally.

(c) When any licensee or person subject to jurisdiction of the Commission shall be approached with an offer or promise of a bribe or with a request or a suggestion for a bribe or for any improper, corrupt or fraudulent act or practice in relation to a race or racing or with a suggestion that any race be conducted otherwise than in accordance with the rules and regulations of this Commission, it shall be the duty of such licensee or person to report such suggestion, offer, promise or bribe immediately to the Commission. Failure to so report shall subject such person or persons to the penalties prescribed by law and by these rules.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.340 Undesirable persons.

Persons employed as security personnel shall possess the powers and duties of a peace officer with respect to the enforcement of the criminal laws of the Commonwealth within the race meeting grounds or enclosure. Such designated persons are also authorized and empowered to interrogate and eject from the race meeting grounds or enclosure any person suspected of violating any rule or regulation promulgated by the Commission. The Commission and any association licensed by the Commission may refuse admission to and eject from enclosure of the race track operated by any association, any person whose presence there is, in the sole judgment of the association or Commission, inconsistent with the orderly or proper conduct of a race meeting or whose presence or conduct is deemed detrimental to the best interest of harness racing.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.341 Prohibition of wagering by certain officials and employes.

No Commissioner, secretary, deputy, officer, representative, employe or counsel of the Commission or any race official shall wager upon the outcome of any race conducted by an association.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.342 Conduct.

All licensees and employes of the Commission are required to conduct themselves in a forthright, gentlemanly manner at all times while on or near the premises of an association during the operation of a licensed harness race meeting.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.343 Financial responsibility.

A licensee may not accumulate unpaid obligations or default in obligations, or issue drafts or checks that are dishonored or payment refused, or otherwise display financial irresponsibility reflecting on the track or the sport.

This section cited in 58 Pa. Code § 183.335 (relating to wagers forbidden).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.344 Searches within track premises.

In order to assist in detection of illegal pari-mutuel betting by racing personnel, effectively prevent the use of improper racing devices, restrict the possession of dangerous weapons on racing premises, control the expanded traffic in unlawful drugs and drug related paraphernalia, maintain proper and adequate supervision of racing, and enforce the laws of this Commonwealth, the Commission, or its representatives, shall have the right and privilege to conduct a search within the areas of the track premises which any owner, trainer, driver, groom, vendor of racing equipment and service, or other licensee acting in their behalf, may occupy and to control including all personal property and effects and as a result of the search, the Commission, or its representatives, shall have the power and authority to seize an article, within the areas, which may be forbidden or be in violation of the rules and regulations of the Commission.

The provisions of this § 183.344 adopted January 18, 1980, effective January 19, 1980, 10 Pa.B. 217.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.345 Prohibition.

(a) On the day a horse is programmed to race, no veterinarian or other person, singly or in concert with another person, unless otherwise provided by the Commission, shall prescribe for or administer to the programmed horse, a drug, medicant, stimulant, depressant, hypnotic or narcotic.

(b) A person licensed by this Commission who witnesses an act proscribed by subsection (a), shall report immediately to the presiding judge or State veterinarian the activity which he has witnessed and the person engaged therein.

(c) If, however, an emergency arises which involves the life or health of a horse so programmed, a person responsible for the horse or a veterinarian may prescribe for or treat the horse; he shall report the matter to the presiding judge or State veterinarian at the track as soon as practicable.

The provisions of this § 183.345 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.351 Prerace testing program.

A prerace testing program may be established at a track designated by the Commission. The Commission shall operate the field laboratory located at the track and shall approve the reference laboratory affiliated with the program. For prerace testing the following procedures shall apply; all other testing regulations set forth in this section and not inconsistent with the herein prerace testing provisions shall remain in full force and effect and be used. Commission may charge fees to the associations for prerace testing.

(1) Blood samples shall be taken of every horse programmed to race, prior to the race in which it is programmed, for the purpose of determining the presence of any drug, stimulant, sedative, depressant or medicine.

(2) Blood samples shall be taken by the Commission veterinarian. The times at which the horses in each race shall be delivered to the paddock for the taking of the samples, as well as related procedures, shall be prescribed by the Commission veterinarian.

(3) Permission for the taking of prerace blood samples is mandatory and a horse may not be allowed to race if the taking of the sample is refused unless the Commission veterinarian, for good cause in his judgment, excuses the taking of the sample. During the taking of a sample the trainer or groom must be in attendance to manage the horse.

(4) Post-race urine, saliva or blood samples will also be taken of winning horses and other horses which may be designated under the provisions hereinafter set forth.

(5) Urine or saliva samples, or both may be taken of a horse whenever the prerace test is positive or when a blood sample has not been taken, or a urine, saliva and blood sample may be taken whenever, in the judgment of the Commission veterinarian or the Director of the field laboratory, a urine, saliva and blood sample is required for further analysis.

(6) Analyses of samples, prerace and post-race, taken under this section, may be made at the field laboratory and at the reference laboratory.

(7) Whenever there is a positive test result of a prerace test, the director of the field laboratory shall immediately notify the Commission veterinarian and the presiding judge and the presiding judge shall scratch the horse. If said positive test result is the only test result within 12 months prior to the present violation, the Judges presiding at the racing program may impose a fine in the amount of not less than $100 nor more than $250 dollars on the licensee and person, or both having control or care or custody, or both, of the horse which has the positive test or the person may be suspended and the matter referred to the Commission for hearing. If the present positive test is the second violation or more within 12 months prior to the present violation, the licensee and or person or persons, charged with the violation shall be suspended and the matter referred to the Commission for hearing. The horses being trained by any person suspended under this section and § § 183.352—183.363 may be assigned another trainer approved by the Presiding Judge having jurisdiction over the racing program or by the Commission.

(8) In a laboratory analysis of a specimen or sample of saliva, urine or blood, a positive result is the presence of a substance foreign to the natural horse except where tolerances and standards for such substance is established by the Commission.

(9) A person administering a drug, stimulant, sedative or depressant which results in a positive test shall be considered in violation of this section and § § 183.352—183.363; subject to a fine or a suspension, or both.

(10) As a prerequisite to participating in a racing meet where prerace testing is in effect, a declaration of acceptance is required. The signer consents, both for himself or as the authorized agent of the owner of the horse, to permit a licensed veterinarian to obtain blood sample in the paddock prior to the race for the purpose of testing the sample before the race. The signer for himself and as agent for the owner of the horse hereby directs and consents to the scratching of the horse from the race in the event that the test is positive.

The provisions of this § 183.351 amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3323.

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on any individual, 58 Pa. Code § 183.351(a), a licensed owner, 58 Pa. Code § 183.268, or the individual having control or custody, 58 Pa. Code § 183.352(b). Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

This section cited in 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge); and 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.352 Post-race saliva, urine and blood tests.

(a) The winning horse in every heat or race or performance against time shall be subjected to a saliva, urine or blood test for the purpose of determining thereby the presence of a drug, stimulant, sedative, depressant or medicine. In addition, the judges at a meeting may order another horse in a heat or race to be subjected to the saliva, urine or blood test or another test for the purpose of determining thereby the presence of a drug, stimulant, sedative, depressant or medicine. Samples of saliva, urine or blood shall be taken by the Commission veterinarian or a person appointed by the Commission under the supervision of the Commission veterinarian. Commission laboratory shall conduct post-race testing and may charge fees.

(b) Whenever there is a positive result of a post-race test the purse shall be redistributed. If said positive test result is the only test result within 12 months prior to the present violation, the judges presiding at the racing program may impose a fine in the amount of not less than $100 nor more than $250 on the licensee or person having control or care or custody of the horse which has the positive test or the person may be suspended and the matter referred to the Commission for hearing. If the present positive test is the second violation or more within 12 months prior to the present violation, the licensee or person, charged with the violation shall be suspended and the matter referred to the Commission for hearing. The horses being trained by a person suspended under this rule may be assigned another trainer approved by the presiding judge having jurisdiction over the racing program or by the Commission.

The provisions of this § 183.352 amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3323.

Harness racing officials have discretion to impose either a monetary fine or suspension for horse trainer’s first offense of having control, care or custody of horse which tested positive for drugs. Delker v. Harness Racing Commission, 581 A.2d 258 (Pa. Cmwlth. 1990); affirmed 590 A.2d 1360 (Pa. 1991).

Although Commission erroneously discussed Petitioner’s liability in terms of being a trainer rather than horse owner or veterinarian, Petitioner was still liable as the person having control of the horse, 58 Pa. Code § 183.352(b), and under the standards for a veterinarian, 58 Pa. Code § 183.356 or a licensed owner, 58 Pa. Code § 183.268. Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on ‘‘any person’’, 58 Pa. Code § 183.351(a), a licensed owner, 58 Pa. Code § 183.268, or the ‘‘person or persons having control or custody,’’ 58 Pa. Code § 183.352(b). Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

This section cited in 58 Pa. Code § 183.151 (relating to claiming regulations and procedures); 58 Pa. Code § 183.351 (relating to prerace testing program); and 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.353 Presence of owner, trainer or authorized agent; split sample.

(a) During the taking of the saliva, urine and blood sample by the Commission Veterinarian, or a person appointed by the Commission under the supervision of the Commission veterinarian, the owner, trainer or authorized agent of an owner may be present at all times. The absence of the owner, trainer or authorized agent of an owner shall not invalidate the procedures followed in taking the sample, nor shall the absence be the grounds for objection to Commission action based on a laboratory report resulting from the test of a sample taken in the absence of the owner, trainer or their authorized agent. The sample so taken shall be placed in two containers and shall be sealed and the evidence of the sealing indicated thereon by the signature of the Commission veterinarian or his assistant. The owner, trainer or their authorized representative may be present at the sealing of the split of the sample. The absence of the owner, trainer or their authorized agent may not in any way invalidate the procedures followed in splitting the sample nor shall the absence be the basis for objection to Commission action based on a laboratory report resulting from the test of split samples taken in the absence of the owner, trainer or their authorized agent. One part of the sample is to be placed in a depository under the supervision of the presiding judge, another agency the Commission may designate, or both, to be safeguarded until the time as the report on the chemical analysis of the other portion of the split sample is received.

(b) Should a prerace or post-race test be classified as positive, the Presiding Judge shall fix a time and place for hearing thereon for the day next following the day of receiving the positive report. In the event that the hearing should fall on a Sunday, the hearing shall be held the following day. Parties shall be afforded the opportunity to present testimony relating to the alleged violation. At the hearing or not later than noon of the day following the hearing the person charged with the violation shall elect whether to exercise a right and privilege to have the portion of the specimen known as a ‘‘split sample’’ sent to the Commission reference laboratory or to another laboratory which has been approved by the Commission for additional testing. Election may be stated on the record of the hearing or notice given in writing. If the owner or trainer does not claim the split sample for the purpose of having another laboratory conduct a test, the owner or trainer shall execute a waiver that the split sample will not be used in the proceeding. Failure to use the split sample shall not infringe upon a right or privilege of appeal. The owner or trainer shall bear costs of the independent test on that portion of the specimen which is known as the ‘‘split sample,’’ including costs of packing and transportation, if any.

The provisions of this § 183.353 amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797. Immediately preceding text appears at serial page (51866).

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on ‘‘any person,’’ 58 Pa. Code § 183.268, or the ‘‘person or persons having control or custody,’’ 58 Pa. Code § 183.352(b). Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

This section cited in 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.354 Post-race positive tests.

Whenever a positive test discloses the presence of a drug, stimulant, sedative or depressant, the laboratory shall immediately notify the Commission.

This section cited in 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.355 Control of horse, presumption of knowledge.

Whenever the test described in this section and § § 183.351—183.354 discloses the presence of a drug, stimulant, depressant or sedative, in an amount whatsoever, it shall be presumed that the same was administered by the person having the control or care or custody, or both, of the horse and that the administering was done with the intent to affect the speed or condition of the horse and the result of the race in which it participated.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.356 Responsibility of a veterinarian.

No veterinarian shall permit a horse in his care to be started if he knows or if by the exercise of reasonable care he might have known or have cause to believe, that the horse has received a drug, stimulant, sedative, depressant, medicine or other substance that could result in a positive test.

Although Commission erroneously discussed Petitioner’s liability in terms of being a trainer rather than horse owner or veterinarian, Petitioner was still liable as the person having control of the horse, 58 Pa. Code § 183.352(b), and under the standards for a veterinarian, 58 Pa. Code § 183.356 or a licensed owner, 58 Pa. Code § 183.268. Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.357 Responsibility of a trainer.

A trainer shall be responsible for the condition of the horses trained by him. No trainer shall start a horse or permit a horse in his custody to be started if he knows or if by the exercise of reasonable care he might have known or have cause to believe, that the horse has received a drug, stimulant, sedative, depressant, medicine or other substance that could result in a positive test. Every trainer shall guard or cause to be guarded each horse trained by him in a manner and for a period of time prior to racing the horse so as to prevent a person from administering a drug, stimulant, sedative, depressant or other substance resulting in a positive test.

The Commission is not bound to accept its hearing officer’s finding regarding whether horse trainer had administered narcotic to race horse. The Commission did not abuse its discretion by suspending the trainer’s license for 2 years based on the administration of a narcotic to one of her horses. Delker v. Harness Racing Commission, 581 A.2d 258 (Pa. Cmwlth. 1990); affirmed 590 A.2d 1360 (Pa. 1991).

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on ‘‘any person,’’ 58 Pa. Code 183.351(a), a licensed owner, 58 Pa. Code § 183.268, or the ‘‘person or persons having control or custody,’’ 58 Pa. Code § 183.352(b). Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

A trainer’s argument that he could not be punished for merely failing to guard his horse without proof that he knew his horse had been drugged was without merit. Marusco v. Harness Racing Commission, 448 A.2d 662 (Pa. Cmwlth. 1982).

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.358 Refusal to submit to test.

No owner, trainer, driver or agent of the owner, having the care, custody, or control of a horse shall refuse to submit the horse to a saliva test or other tests as provided in this chapter or ordered by the judges.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.359 Report by veterinarians.

(a) Every veterinarian practicing on the grounds of the Association shall keep a log of his activities which shall state:

(1) The name of the horse treated by him.

(2) The nature of the ailment of the horse.

(3) The type of treatment prescribed and given by him to the horse.

(4) The date and time of treatment.

(b) Every veterinarian shall, within 24 hours after treatment, report to the Commission office at the track the administering of a medication by him to a horse, whether it be by injection, or orally or otherwise.

(c) After a horse has been declared to start in a race, every veterinarian shall immediately report to the Presiding Judge a medication given by him and a copy of said report filed with the Commission office.

(d) Every veterinarian is responsible for removing from the track and destroying by burning or other approved method, all disposable instruments he has used at the track.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.360 Use of instruments.

Every veterinarian practicing on the grounds of an Association, and every other person authorized to use instruments referred to in this section, shall conform to the following:

(1) Use a new, unused, one-time disposable hypodermic needle for the administration of each injection of medication or another substance to a horse and shall forthwith, after each injection, dispose of the needle in a manner approved by the Commission.

(2) Use a new, unused, disposable, one-time syringe for each injection that can be administered with a syringe and shall after each use, dispose of the syringe in a manner approved by the Commission.

(3) Use a new, unused, disposable, one-time scalpel for each treatment of a horse requiring the use of an instrument, provided the disposable scalpel is adequate for the particular operation to be performed. After completion of each treatment, the veterinarian shall dispose of the scalpel in a manner approved by the Commission.

(4) Use other new, unused, one-time disposable instruments as may be developed whenever the instruments are adequate for the treatments to be administered and dispose of them in a manner approved by the Commission.

(5) Nondisposable hypodermic syringes, nondisposable scalpels, lip tattoo equipment, forceps, and other types of instruments used in connection with the examination and treatment of, or administration of a medication or other substance to horses, including surgical tattooing, dental, and similar items, shall be properly cleaned and sterilized after each use in an autoclave approved by the Commission for a minimum period of time as established by the Commission and under pressure of 15 pounds per square inch.

(6) Each Association will furnish an autoclave of a type, model and capacity to be approved by the Commission and will maintain the autoclave at a convenient location on the premises of the Association so that each veterinarian will have ready access to the autoclave.

(7) Violations of this section may subject the veterinarian to expulsion from Association tracks and to other penalties prescribed by these sections.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.361 Winnings when rule is violated.

All winnings of a horse in a race in which an offense was detected under any provisions of these § § 183.351—183.363 (relating to medication, pre-race and post-race testing, penalties for violations) shall be forfeited and redistributed among the remaining horses in the race entitled to same. No such forfeiture and redistribution of winnings shall affect the distribution of the pari-mutuel pools, when such distribution of pools is made upon the official placing at the conclusion of the heat or dash.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.362 Authorization for possession of hypodermic needle or hypodermic syringe.

No one except a physician, Commission Veterinarian, or a veterinarian licensed by the Commission may have a hypodermic needle or hypodermic syringe of any kind, type or description on his person or in his custody, control or possession or in the custody, control or possession of any of his employes except upon written authorization from the Commission.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.363 Injections.

The drug, Butazolidin (Phenylbutazone), will be administered by injection only and not administered orally. All injections must be given by a veterinarian licensed to practice by this Commission. Violations of this rule will subject the violator to a fine or suspension, or both.

This section cited in 58 Pa. Code § 183.361 (relating to winnings when rule is violated).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.371 Electric timer; manual timer.

In every race or performance against time, the time of each heat or dash shall be taken by an approved electric timing device and placed in the record in minutes, seconds and fifths of seconds and on the decision of each heat the time thereof shall be publicly announced or posted. In addition to the approved electric timing device, one manual timer shall be employed. No unofficial timing shall be announced or admitted to the record. If at any time the automatic timing device should fail, the decision of the manual timer as to the time of such heat or dash shall be official. If the manual timer fails to act, no time shall be announced or recorded for that heat or dash.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.372 Error in announcement of time.

In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor said horse or owner, except upon the sworn statement of the judges and timers who officiated in the race, and then only with the approval of the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.373 Certificate as to track measurement.

In order that the performance thereon may be recognized, published as official, or both, every association shall forthwith cause to be filed with the Commission and The United States Trotting Association the certificate of a duly licensed civil engineer or land surveyor that he has, subsequently to January 1, 1963, measured the said track from wire to wire 3 feet out from the pole or inside hub rail thereof and certifying in linear feet the result of such measurement. Each track shall be measured and recertified in the event of any changes or relocation of the hub rail.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.374 Leading horse timed.

The leading horse shall be timed and his time only shall be announced. No horse shall obtain a win race record by reason of the disqualification of another horse unless a horse is declared a winner by reason of the disqualification of a breaking horse on which he was lapped.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.375 Time in dead heat.

In case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.376 Time taken from starting point.

The time shall be taken from the first horse leaving the starting point, from which the distance of the race is measured, until the winner reaches the wire.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.377 Fraudulent misrepresentation of time.

Any person who shall be guilty of fraudulent misrepresentation of time or the alteration of the record thereof in any public race or performance against time shall be penalized and the time declared not a record.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.378 Time performance.

A record can be made only in a public race or performance against time. In a performance against time the United States Trotting Association Rule 24 shall apply.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.391 Suspension pending payment of fines.

All persons who shall have been fined under these rules shall be suspended until said fine shall have been paid in full, or other arrangements have been made with the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.392 Record and payment of fine.

Written or printed notice of all fines and other penalties imposed by the judges or starter shall be delivered to the person penalized, notice shall be posted immediately at the office of the association, and notice shall be forwarded immediately to the Commission and the United States Trotting Association by the Presiding judge or clerk of the course. All fines which are collected shall be reported and paid to the Commission upon the day collected.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.393 Suspension for less than 5 days; completing engagement.

When the penalty is for a driving violation and does not exceed in time a period of 5 racing days, the driver may complete the engagement of all horses declared in before the penalty becomes effective. Such driver may drive in Stakes, Futurities, Early Closing and feature races, during a suspension of 5 days or less, but the suspension will be extended one day for each date he drives in such a race. All suspensions shall apply only to racing days.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.394 Meaning of suspension or revocation.

Whenever the penalty of suspension or revocation is imposed, it shall mean unconditional exclusion and disqualification from time of receipt of written notice from any participation, either directly or indirectly, in the privileges and uses of the course and grounds of an association during the progress of a race meeting, unless otherwise specifically limited when such penalty is imposed. A suspension, revocation or denial of a license, or expulsion of either a husband or wife may apply in each instance to both the husband and wife. The penalty becomes effective when notice is given unless otherwise specified.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.395 Competition by horse owned or controlled by a person under suspension, and the like.

No horse shall have the right to compete while owned or controlled wholly or in part by a suspended, expelled, disqualified or excluded person. No suspended, disqualified or excluded person shall drive, nor shall a suspended or disqualified horse perform in a race. However, the liability remains for the contracted declaration fee.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.396 Fraudulent transfer of horse.

The fraudulent transfer of a horse by any person or persons under suspension in order to circumvent said suspension shall constitute a violation.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.397 Association permitting suspended person or disqualified horse to compete.

No association shall permit a suspended, disqualified or excluded person to drive in a race, or a suspended or disqualified horse to start in a race or a performance against time.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.398 Notice of exclusion.

Whenever a person is excluded from a track by an association, the Commission shall be notified. The Commission in turn shall notify all other associations in the Commonwealth and may notify the United States Trotting Association.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.399 Employment or retention of excluded person.

No expelled, suspended, disqualified or excluded person shall act as an officer of an association. An association shall not, after receiving notice of such penalty, employ or retain in its employ, an expelled, suspended, disqualified or excluded person at or on the track during the progress of a race meeting.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.400 Stay of enforcement.

In the event a penalty is imposed by the officials, the Commission may grant a stay of the enforcement of such penalty until an appeal, if filed, is decided.

(1) The appeal will be filed on form called a ‘‘Notice of Appeal and Request for a Stay’’ provided by the Commission or upon presentation of a similar request in writing. The stay, if granted, will be at such a time or for such a duration designated by the Executive Secretary of the Commission. The Commission may require the posting of suitable security, which may be withheld in whole or in part if the appeal was frivolous or without foundation.

(2) The appeal must be filed within ten days after written notice of the decision or penalty from which the appeal is taken. It shall be filed at any Commission office, but in cases in which it is filed at a track office of the Commission, the main Commission office in Harrisburg, Pennsylvania shall be notified by telephone.

(3) The reasons stated in the appeal must be specific.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.401 Penalties by other jurisdictions.

All penalties imposed by the United States Trotting Association or the racing commissions of the various states shall be recognized and enforced by the Commission unless application is made for a hearing before the Commission at which time the applicant may show cause as to why such penalty should not be enforced against him in this Commonwealth. If a hearing is granted, the Commission may delay enforcement of the penalty.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.402 Dishonored checks.

Any person who pays an entry, a fine or other claim to the Commission or any entry, claim, or fine to an association or racing official by a draft, check, order or other paper, which upon presentation is protested, payment refused, or otherwise dishonored, may, by order of the Commission, be subject to a fine not exceeding the amount of said draft, check or order, and the winnings of the horse or horses declared illegal and said persons and horses suspended until the dishonored amount and fine are paid and the illegal winnings returned.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.403 Modification of penalty imposed by another jurisdiction.

When the Commission receives notice that a person or horse, or both, has been penalized by a State racing commission or by the United States Trotting Association, the Commission may, for good cause shown and upon consideration of the record of the proceedings had before such other State racing commission or by the United States Trotting Association, modify or so mould the penalty imposed to define the applicability thereof within this jurisdiction. Provided further that, whether or not a penalty has been imposed by another racing commission or the United States Trotting Association, this Commission may make original inquiry and take original jurisdiction in any case.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.404 Appeal to Commission from rulings of officials.

(a) All decisions and rulings of the Executive Secretary of the Commission, judges or other race officials of any race may be appealed to the Commission within 10 days after notice of such decision or ruling. The appeal may be taken upon any question in the conduct of a race, interpretation of the rules, decisions relative to the outcome of a race, application of penalties or other action affecting owners, drivers or horses, but it must be based on a specific charge which, if true, would warrant modification or reversal of the decision.

(b) The Commission may vacate, modify or increase any penalty imposed by the judges. In the event an appellant fails to appear at the hearing on his appeal without good cause, he may be further penalized. The Commission will have the right to review any decisions or penalties imposed by the officers of the United States Trotting Association, officials of the racing meets or of the district board.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.405 Appeals to be in writing.

All appeals shall be in writing and sworn to before a Notary Public, one of the judges of the meeting or a Commission representative.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.406 Hearing of appeals.

All appeals shall be heard promptly.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.421 Protests.

Protests may be made only by an owner, manager, trainer or driver of one of the contending horses at any time before the winnings are paid. Protests shall be reduced to writing and sworn to before a judge of the meeting or a Notary Public, and shall contain at least one specific charge which, if true, could prevent the horse from winning or competing in the race.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.422 Testimony under oath.

The judges shall, in every case of protest, demand that the driver and the owner or owners, if present, immediately testify under oath and, in case of their refusal to do so, the horse shall not be allowed to start or continue in the race, but shall be ruled out, with a forfeit of entrance money.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.423 Continuing race under protest.

Unless the judges find satisfactory evidence to warrant excluding the horse, they shall allow him to start or continue in the race under protest, and the premium, if any is won by that horse, shall be held by the Association until the Commission has determined the merits of the protest.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.424 False protests, failure to protest.

Any person found guilty of protesting falsely and without cause or merely with intent to embarrass a race, or who does not file a protest notwithstanding that he has knowledge which would warrant the filing thereof, shall be penalized hereunder.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.425 Purse held in trust where appeal or protest filed.

In case of an appeal or protest, the purse money affected shall be deposited by the association in a Trust Fund pending the decision of the appeal.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.426 Refusal to accept protest or act as witness.

No judge may refuse to accept a protest or appeal or act as a witness for a person seeking to swear to a protest or appeal.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.441 Distribution of pools.

No protest, appeal or other of these rules shall affect the distribution of the pari-mutuel pools when such distribution is made upon the official placing at the conclusion of the heat or dash.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.451 Definitions.

The following words and terms, when used in these § § 183.451—183.466 (relating to practice before the Commissioners) shall have the following meanings, unless the context clearly indicates otherwise: Adjudication—Any final order, decree, decision, determination or ruling by the Commission affecting the rights, privileges, immunities or obligations of any licensee. Applicant—One who requests permission, authorization, or approval. Charge—Any allegation in the citation of specific illegal or unethical conduct on the part of the licensee, or a violation of the Law or the Rules and Regulations promulgated thereunder. Citation—A notice of the time and place of hearing and a formal listing by the Commission of any charges against any licensee. Commission—Pennsylvania State Harness Racing Commission. Complainant—One who complains of any commission regulation or general order or anything done, omitted or about to be done or omitted in violation, or claimed violation, of any law which the Commission has jurisdiction to administer or of any Commission rule, regulation or order. Complaint—Any written statement of facts under oath submitted by any person which accuses the licensee of any violation of the law or of the rules and regulations promulgated thereunder. Information—Any data indicating any violation of the law or of the Rules and Regulations promulgated thereunder which are collected by or presented to the Commission. Intervener—One permitted to intervene in any proceeding. Licensee—Any person holding a license issued by the Commission. Party—Includes the Commonwealth, the Commission, complainant, and an applicant who is refused a license, a licensee whose license is suspended or revoked or any person designated in a citation as the respondent. Person—Includes any individual or organized group of any character including partnership, corporations or other forms of association. Petitioner—One seeking relief not otherwise classified herein. Pleading—Any application, complaint, petition, answer, protest or reply. Proof of Service—A certificate of service signed by a party or by his attorney, specifying the time and manner of service and the parties served. Respondent—One against whom a complaint is filed or against whom an investigation or other proceeding on Commission motion is addressed.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.452 Dockets.

The official docket and all original papers pertaining to any proceeding instituted before the Commission shall be kept at the principal office of the Commission in Harrisburg, Pennsylvania. Such papers and instruments are available for public viewing but may not be removed from the dockets.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); 58 Pa. Code § 183.67 (relating to duties of starter); and 58 Pa. Code § 183.451 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.453 Complaints.

Complaints shall be filed with the Commission at its principal office in Harrisburg, Pennsylvania. Complaints shall contain all pertinent information known to the complainant.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); 58 Pa. Code § 183.67 (relating to duties of starter); 58 Pa. Code § 183.451 (relating to definitions); and 58 Pa. Code § 183.456 (relating to refusal, suspension or revocation of license with prior hearing).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.454 Refusal, suspension or revocation of license without prior hearing.

(a) Where a license is to be refused, suspended or revoked, the Commission may either refuse, suspend, or revoke such license for cause without a prior hearing.

(b) Notice by the Commission that an application for a license is refused or that a license has been suspended or revoked shall be in writing and shall contain the reasons for such refusal, suspension or revocation.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); 58 Pa. Code § 183.67 (relating to duties of starter); 58 Pa. Code § 183.451 (relating to definitions); and 58 Pa. Code § 183.455 (relating to hearing demanded by applicant or licensee).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.455 Hearing demanded by applicant or licensee.

(a) An applicant who has been refused a license or a licensee whose license has been suspended or revoked under § 183.454 (relating to refusal, suspension or revocation of license without prior hearing) may demand a hearing. The Commission shall promptly give notice of a time and place for such hearing.

(b) A demand for a hearing must be received by the office of the Commission, Harrisburg, Pennsylvania, no later than the tenth day after the application for a license has been refused or a license has been suspended or revoked. The ten days shall begin to run from the day notification of such refusal, suspension or revocation is served.

(c) Unless a stay of the order of the Commission is granted, the determination to refuse, suspend, or revoke a license shall remain in full force and effect pending final determination on the hearing.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); 58 Pa. Code § 183.67 (relating to duties of starter); and 58 Pa. Code § 183.451 (relating to definitions).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.456 Refusal, suspension or revocation of license with prior hearing.

(a) Upon receipt of a complaint filed under the provisions of § 183.453 (relating to complaints) or upon information, the Commission shall decide whether a citation should be issued against the licensee. Such citation may be signed by the Commission Chairman or the Executive Secretary of the Commission.

(b) The citation shall recite:

(1) The time, place and nature of the hearing.

(2) The provisions alleged to have been violated.

(3) A clear and concise factual statement sufficient to inform each party with reasonable definiteness of the type of acts or practices alleged to have been committed.

(c) In fixing the times and place for hearings, due regard shall be had for the convenience of the parties and their representative.

A ‘‘Procedure Before Judges’’ notice does not have to include a ‘‘clear and concise factual statement sufficient to inform with reasonable definiteness of the type of acts or practices alleged to have been committed.’’ Frizalone v. Harness Racing Commission, 535 A.2d 288 (Pa. Cmwlth. 1987).

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.457 Motion to strike, dismiss or amplify.

(a) A party deeming a pleading insufficient in form may file with the Commission a motion to strike. A party deeming a pleading insufficient in substance, or desiring to question the jurisdiction of the Commission, may file with the Commission a motion to dismiss.

(b) A party deeming the allegations of fact in a pleading to be so insufficiently averred that adequate answer to the pleading is impossible, may file with the Commission a motion for amplification or for more specific allegations.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.458 Appearances.

(a) An individual or member of a partnership named a party in a proceeding before the Commission may appear on behalf of himself or of the partnership upon adequate identification. A party corporation or association may be represented by a bona fide officer thereof upon showing of adequate authorization.

(b) A party may be represented by an attorney admitted to practice before the Supreme Court of Pennsylvania or the highest appellate court of another state. The attorney shall file his appearance with the Commission.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.459 Service.

The Commission shall serve a copy of a citation or notice of hearing upon each respondent, together with a notice to satisfy the citation or answer the same in writing within 10 days after such service except when otherwise designated by the Commission. Personal service or service by registered or certified mail shall be proper. When service is by mail, the date of mailing shall be the date of service. When any party has been represented by an attorney, service upon such attorney shall be deemed service upon the party.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.460 Continuances.

(a) Applications for continuance made prior to the hearing shall be in writing, shall set forth the reasons therefore, and shall be filed with the Commission in Harrisburg 4 days prior to the time fixed for hearing. Notice of such application shall be given to all parties or their attorneys. At the time of the hearing, applications for continuance may be made orally.

(b) When application is made for a continuance because of the illness of an applicant, licensee, witness or counsel, such application shall be accompanied by a medical certificate attesting to such illness and inability to appear.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.461 Investigations.

No process, requirement of a report, inspection or other investigative act or demand shall be issued, made or enforced in any manner or for any purpose except as authorized by law. Every person compelled to submit data or evidence shall be entitled to retain, or procure, on payment of lawfully prescribed costs, a copy or transcript thereof.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.462 Witnesses and subpoenas.

(a) Witnesses at all hearings shall be examined orally under oath or affirmation and a record of the proceeding shall be made and kept by the Commission. If any witness resides outside the Commonwealth, or through illness or other cause is unable to testify before the Commission or its trial examiner, his testimony may be taken within or without this Commonwealth in a manner substantially similar to that prescribed by the Pennsylvania Rules of Civil Procedure for the taking of depositions.

(b) Subpoenas as authorized by law shall be issued in blank over the seal of the Commission to any party, upon demand made to the Commission in Harrisburg, Pennsylvania.

(c) Witness and mileage fees shall be paid by the party at whose instance the witnesses are called.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.463 Commission hearings.

(a) The Commission, or any member thereof, may conduct hearings or the Commission may designate the Executive Secretary, General Counsel or any other qualified person to act as a hearing examiner.

(b) Members, officers or agents presiding at hearings shall have authority to:

(1) Administer oaths and affirmations.

(2) Issue subpoenas authorized by law.

(3) Rule upon offers of proof and receive relevant evidence.

(4) Take or cause depositions to be taken whenever the ends of justice would be served thereby.

(5) Regulate the course of the hearing.

(6) Hold conferences, where appropriate, for the settlement or simplification of issues by consent of the parties.

(7) Dispose of procedural requests or similar matters.

(8) Participate in making decisions.

(9) Take any other action authorized by these rules.

(c) A decision shall be made and an adjudication issued thereon solely on the basis of the evidence introduced at the hearing and from all other documents and matters of record introduced into evidence.

(d) Proponents of the hearing shall have the burden of proof.

(e) Technical rules of evidence need not be followed at the hearing, but all testimony shall be taken under oath and all irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(f) At any time after the service of process any party may serve upon any other party a written request for the admission of the genuineness of any relevant documents described in the request. Copies of the documents shall be delivered with the request. The Commission shall thereafter rule on the request and designate the time for reply.

(g) Bills of particulars may be required or denied by the Commission in its discretion in any manner, hearing or controversy pending before it.

(h) If, at the time and place scheduled for hearing, all parties to the record are not in attendance whether in person or by counsel, the matter may be heard ex parte.

(i) A licensee who shall have been cited to show cause why his license should not be suspended or revoked may waive in writing the hearing fixed thereon. Such waiver shall constitute an admission of the charges contained in the citation and an authorization to the Commission to enter a final order or decree.

(j) Contemptuous conduct shall be ground for exclusion from the hearing.

(k) Motions made during a hearing and objections with respect to the conduct of a hearing, including objection to the introduction of evidence, shall be stated orally and shall be included in the record of the hearing. Argument shall not be included in the record unless the Commission member, officer or agent presiding at the hearing shall so direct.

(l) At the conclusion of the hearing, all parties shall be afforded an opportunity thereafter to submit briefs and requests for findings of fact and conclusions of law prior to adjudication. Copies of any brief or requests so submitted shall be served upon all parties to the proceedings and proof thereof filed with the Commission. On the basis of such briefs or requests, any party may request oral argument before the Commission. Upon such request or upon his own motion, the Commission member, officer or agent presiding at the hearing, may order oral argument, upon due notice to all parties of the time and place of argument.

(m) Any petition for further hearing, for reopening or for rehearing, reconsideration or modification of a Commission order must be filed within the 30-day period allowed for an appeal from an adjudication and shall be in writing setting forth in numbered paragraphs the findings or orders of the Commission that may be involved, the points relied upon by the petitioner, appropriate record reference, and specific requests for the findings or orders desired. If the petition be for further hearing or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced must be briefly stated.

(n) The Commission may, and upon its own motion reopen a hearing after notice to all parties and take further testimony at any time in which the record is within its control.

(o) A record of all testimony and exhibits, together with all papers, documents of record, and requests filed in the proceedings, shall constitute an exclusive record for decision. The record may either be in the form of a stenographic transcript or a recording of the proceedings preserved on tape, wire or other suitable recording device. The Commission shall not be required to make a transcript of the stenographic notes or recording unless an appeal is filed with the Commonwealth Court of Pennsylvania. Transcripts shall be available at prevailing rates. No partial transcripts or transcripts of uncompleted hearings shall be furnished. Where any Commission decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.464 Decisions.

(a) Within 30 days after the conclusion of the hearing, the Commission shall issue a written order. The Commission may also, in its discretion, render a written adjudication including a statement of findings of fact and conclusion of law, with the reasons or basis therefor. All orders and adjudications shall be based upon a consideration of the whole record and be supported by reliable, probative and substantial evidence. A minority opinion may be submitted and shall become part of the record.

(b) All orders and adjudications shall be served upon all the parties or their counsel. If service is made by mail, the date of mailing will be the date of service.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.465 Appeals.

(a) Within 30 days after service of a final adjudication or order of the Commission, or the imposing of a monetary fine, or of an order of the Commission refusing a petition for rehearing or reconsideration, or of an order following a rehearing or reconsideration, any party shall have the right of appeal therefrom to the Commonwealth Court of Pennsylvania. Such appeal shall be reviewable in accordance with the act of June 4, 1945 (P. L. 1388, No. 442) (71 P. S. § § 1710.1—1710.51) (Repealed) otherwise known as the Administrative Agency Law.

(b) Parties interested jointly, severally, or otherwise in the same adjudication may join in an appeal therefrom even though all of the interested parties do not join.

(c) A fine may be collected in an action of assumpsit.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.466 Consolidation or severance.

Any two or more proceedings may be consolidated by the Commission in its discretion, and proceedings may be severed.

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.481 Notice required.

Before any penalty may be imposed by a Judge under the provisions of this subpart, notice in writing must be given to the party to be charged with a violation.

This section cited in 58 Pa. Code § 183.482 (relating to contents of notice).

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.482 Contents of notice.

The notice required by § 183.481 (relating to notice required) hereof shall indicate:

(1) The infraction for which he is charged.

(2) The time and place of hearing.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.483 Presence of judges at hearing.

At least the presiding judge and one associate judge shall be present at a hearing.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.484 Testimony.

All testimony at such hearing shall be given under oath and a record shall be made of the hearing either by use of a tape recorder or the transcript of a court reporter.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.485 Hearing.

No final determination shall be made by the Judges until the hearing is completed and all the evidence has been received and the party charged has been given the opportunity to hear all of the evidence presented against him in order to offer an explanation or defense thereto.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.486 Original record.

The original record of the hearing shall be preserved for 30 days. It shall be delivered to the Commission upon request. The record shall state the date and manner that written notice thereof was given.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.487 Review and appeal.

The Commission may investigate, consider and review any decision or ruling of the judges upon its own motion or upon the request of an aggrieved party. An appeal by an aggrieved party from the decision or ruling of judges must be made in writing within ten days following service of written notice of such decision or ruling. The appeal must be sworn to before a Notary Public or one of the judges presiding at the meeting.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.501 Executive Secretary of the Commission.

(a) The Executive Secretary appointed by the Commission shall be representative at large of the Commission. He shall have general supervision over all race officials, licensees and employes or appointees of the Commission. He shall supervise the licensing of all those persons required to be licensed by the Commission and supervise the security provisions of all associations. He shall generally supervise the conduct of the racing, the pari-mutuel operations and the testing of horses. His authority is extended to cover all powers and duties of the Commission, subject to review by the Commission, and except for such limitations expressly stated in the law. He shall have the authority to conduct inquiries and in connection therewith to issue subpoenas to compel the attendance of witnesses and the production of all relevant and material reports, books, papers, documents, correspondence and other evidence. He shall at all times have access to all parts of the course, plant and grounds, including the pari-mutuel department. The compensation of the Executive Secretary shall be fixed and paid by the Commission.

(b) The Executive Secretary of the Commission shall have authority to issue orders of the Commission and to certify copies of all papers and documents which are a part of any files or records of the Commission.

(c) The Executive Secretary of the Commission shall be responsible for the efficient and orderly discharge of all administrative matters including the keeping of Commission journals, the minutes of Commission meetings and files. He shall be permitted to attend all hearings, meetings and deliberations of the Commission.

(d) The Commission may appoint such Deputies and Assistants to the Executive Secretary or stewards as it may deem necessary who shall have the same authority as the Executive Secretary in his absence but such assistants, deputies or stewards shall be junior in authority to the Executive Secretary at all times.

(e) The Executive Secretary may suspend, refuse, revoke and/or fine any licensee for just cause and the applicant may appeal the decision of the Executive Secretary to the Commission.

History

• Source: The provisions of this § 183.

58 Pa. Code § 183.511 Construction and amendments of rules.

(a) The provisions of this part are intended to aid the efficient operation of the Commission and the orderly administration of the law. They shall be liberally construed for the accomplishment of these purposes and may be waived or suspended by the Commission at any time and in any proceeding unless such action results in depriving a party of substantial rights.

(b) Any rule or regulation may be amended or rescinded by the Commission at any time in accordance with law.

History

• Source: The provisions of this § 183.

Chapter 186 Simulcasting

58 Pa. Code § 186.1 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Act—The Race Horse Industry Reform Act (4 P. S. § § 325.101—325.402). Cross-simulcast—A simulcast of a horse race of a type other than that conducted at the track where the race is televised. Horse race—A thoroughbred or harness horse race. Race meeting—The period for which approval to conduct races has been granted to any association licensed to race by the Commission or State Horse Racing Commission. Simulcast—An electronically televised horse race which is conducted at a track other than the track where the race is televised.

History

• Authority: The provisions of this Chapter 186 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 186 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 186.2 Applications for permission to operate simulcasts.

(a) Any application for permission to operate a simulcast or cross-simulcast by a corporation licensed by the State Horse Racing Commission shall be submitted to the State Horse Racing Commission at least 60 days in advance of the running of the race for which permission is sought. The 60-day requirement may be waived by the State Horse Racing Commission upon cause shown.

(b) Any application for permission to operate a simulcast or cross-simulcast by a corporation licensed by the Commission shall be submitted to the Commission at least 60 days in advance of the running of the race for which permission is sought. The 60-day requirement may be waived by the Commission upon cause shown.

This section cited in 58 Pa. Code § 186.3 (relating to permitted simulcasts).

History

• Authority: The provisions of this Chapter 186 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 186 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 186.3 Permitted simulcasts.

(a) The State Horse Racing Commission and the Commission each may, upon request by any corporation licensed under the act, grant permission for simulcasts of horse races to be operated by the licensed corporation at the race track enclosure where a horse race meeting is being conducted during, between, before, or after posted races for that racing day. The simulcasts shall be limited to horse races conducted at facilities outside this Commonwealth. All forms of parimutuel wagering permitted under section 221 of the act (4 P. S. § 325.221) are allowed on races which are simulcast. All simulcasts of horse races from outside this Commonwealth shall also comply with the Interstate Horse Racing Act of 1978, Public Law 95-515, 92 Stat. 1811 (15 U.S.C.A. § § 3001—3007).

(b) Simulcasts of thoroughbred horse races by corporations holding licenses from the State Horse Racing Commission may be permitted by the State Horse Racing Commission in accordance with section 216 of the act (4 P. S. § 325.216) and upon such other terms and conditions as the State Horse Racing Commission may require.

(c) Simulcasts of harness races by corporations holding licenses from the Commission may be permitted by the Commission in accordance with section 216 of the act (4 P. S. § 325.216) and upon such other terms and conditions as the Commission may require.

(d) Cross-simulcasts of harness races by corporations holding licenses from the Commission and cross-simulcasts of thoroughbred races by corporations holding licenses from the Commission will be permitted by the Commission receiving the application under § 186.2 (relating to applications for permission to operate simulcasts) under section 216 of the act (4 P. S. § 325.216) and upon the following additional terms and conditions:

(1) A thoroughbred horse race for which a licensed corporation requests permission to operate a cross-simulcast shall have a purse of $200,000 or more.

(2) A harness race for which a licensed corporation requests permission to operate a cross-simulcast shall have a purse of $100,000 or more.

(3) A licensed corporation may operate only one cross-simulcast race per racing day, and the cross-simulcast shall be in addition to the normal racing card on that day.

(4) A licensed corporation will be permitted to operate a maximum of ten cross-simulcasts per calendar year without obtaining the consent required by paragraph (5).

(5) In the event a licensed corporation seeks permission to cross-simulcast more than ten races in a calendar year, permission will be granted for the 11th and any succeeding cross-simulcast only if the corporation obtains the consent of the racing association licensed to conduct race meetings at the nearest track in this Commonwealth at which the same type of race as the cross-simulcast is conducted, if that association has a scheduled race meeting on the same day as the cross-simulcast will occur.

(6) A licensed corporation which requests permission to cross-simulcast at a race track located within 5 miles of another race track in this Commonwealth at which the same type of race as the cross-simulcast race is conducted will be required to obtain the consent of the association licensed to conduct race meetings at the other track if that association has a scheduled race meeting on the same day as the cross-simulcast will occur.

History

• Authority: The provisions of this Chapter 186 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 186 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 186.4 Disposition of funds wagered on simulcasts and cross-simulcasts.

Moneys wagered by patrons on simulcasts and cross-simulcasts shall be computed in the amount of money wagered each racing day for purposes of taxation under section 222 of the act (4 P. S. § 325.222).

History

• Authority: The provisions of this Chapter 186 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 186 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

58 Pa. Code § 186.5 Application form for simulcast—cross or similar.

(a) In addition to the requirements of the Interstate Horse Racing Act of 1978, Pub. L. 95-515, 92 Stat. 1811 (15 U.S.C.A. § § 3001—3007) a licensed corporation shall submit an application to the Commission, containing the data requested and authenticated exhibits attached stating all of the following:

(1) The name of applicant.

(2) The name, date and source of the event.

(3) The name, address, telephone number and specific person to be contacted at the host association having complete knowledge of the simulcast arrangements.

(4) A concise synopsis of the written agreement between the host association and its horsemen. A copy of the agreement shall be attached as Exhibit I.

(5) A copy of the host state racing commission’s approval of the simulcast.

(6) A concise synopsis of the agreement between the applicant and the host racing association indicating the percentage or actual dollar amounts of consideration. A copy of the agreement shall be attached as Exhibit II.

(7) A concise synopsis of the agreement between the applicant and its horsemen’s association indicating the percentage or actual dollar amounts of consideration. A copy of the agreement shall be attached as Exhibit III.

(8) A concise synopsis of the method to be used to bring in and display the simulcast at the applicant’s facility. In the event another party is operating the video equipment, that contract shall be concisely summarized and a copy shall be attached as Exhibit IV.

(9) A concise statement concerning the types of wagering that are to be permitted on the simulcast.

(10) A complete statement concerning the method of promotion to be used.

(b) The application shall be signed and verified as true, complete and accurate by the president of the applicant and another person having charge of the simulcast program.

History

• Authority: The provisions of this Chapter 186 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 186 adopted December 17, 1982, effective December 18, 1982, 12 Pa.

Chapter 187 Telephone Account Wagering

58 Pa. Code § 187.1 Permission to conduct telephone account wagering.

(a) Request for permission. A licensed corporation may request permission from the Commission to conduct a telephone wagering system under section 218 of the act (4 P. S. § 325.218). The licensed corporation shall submit to the Commission a full description of how its proposed telephone account wagering system would operate. No subsequent changes in the system’s operation may occur until Commission approval is obtained. The Commission may conduct investigations or inspections or request additional information from the licensed corporation as necessary to ensure that the licensed corporation complies with statutes and this chapter.

(b) Review and approval of contracts. Contracts and amendments to contracts entered into by a licensed corporation regarding telephone account wagering and related matters shall have prior approval of the Commission.

(c) Suspension, revocation and fines. Permission to conduct a telephone wagering system may be suspended or revoked if the Commission determines that the licensed corporation or its employes or agents has violated section 218 of the act or this chapter. Fines may be imposed under section 214 of the act (4 P. S. § 325.214).

This section cited in 58 Pa. Code § 187.3 (relating to wagering).

History

• Authority: The provisions of this Chapter 187 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 187 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 187.2 Telephone wagering account.

(a) Application. A telephone wagering account is necessary to place telephone wagers. An applicant shall be at least 18 years of age. A telephone wagering account may be established by completing a written form approved by the Commission. The form shall include the address of the principal residence of the applicant and a statement that a false statement made in regard to an application may subject the individual to prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). A completed form shall be signed by the applicant and submitted or mailed by the applicant directly to the licensed corporation at the corporation’s racetrack facility. The licensed corporation may accept or reject an application after receipt and review of the application for compliance with statutes and this chapter.

(b) Limitation. A licensed corporation may not establish a telephone wagering account for a person located in or residing in the primary market area of a racetrack, other than the racetrack at which the licensed corporation is conducting a racing meet. The licensed corporation may establish a telephone wagering account for a person located in or residing in the primary market area of the track at which the licensed corporation is conducting a meet. If two tracks share a primary market area as defined in section 218(e) of the act (4 P. S. § 325.218(e)), both tracks shall have equal rights to the market in the shared area.

(c) Account credits. Credits to a telephone wagering account may be made only as follows:

(1) Deposits made to a telephone wagering account by the holder shall be submitted or mailed by the holder directly to the licensed corporation and shall be in the form of one of the following:

(i) Cash given to an agent of the licensed corporation within the racetrack enclosure.

(ii) Check, money order or negotiable order of withdrawal.

(iii) Charges made to an account holder’s debit or credit card upon the direct and personal instruction, which may be given by telephone to the licensed corporation by the account holder if the use of the card has been approved by the Commission.

(2) Credit for winnings from wagers placed with funds in a telephone wagering account and credit for telephone account wagers on horses that are scratched shall be posted to the account by the licensed corporation.

(d) Account debits. Debits to a telephone wagering account may be made as follows:

(1) Upon receipt by a licensed corporation of a telephone wager properly placed under statutes and this chapter, the corporation shall debit the wagerer’s account in the amount of the wager.

(2) A licensed corporation may authorize a withdrawal from a telephone wagering account when one of the following exists:

(i) The holder of a telephone wagering account presents himself at the licensed corporation’s racetrack facility and provides the following:

(A) Proper identification.

(B) The correct personal identification number assigned under § 187.3(a)(3) (relating to wagering).

(C) A properly completed and executed withdrawal slip on a form approved by the Commission.

(ii) The holder sends to the licensed corporation at the corporation’s racetrack facility a properly completed and executed withdrawal slip on a form approved by the Commission. Upon receipt of a properly completed and executed withdrawal form, and if there are sufficient funds in the account to cover the withdrawal, the licensed corporation shall, within 2 business days of receipt, send a check to the holder at the address specified in the application for the telephone wagering account. The check shall be payable to the holder of the telephone wagering account and in the amount of the requested withdrawal.

This section cited in 58 Pa. Code § 187.3 (relating to wagering).

History

• Authority: The provisions of this Chapter 187 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 187 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 187.3 Wagering.

(a) Placing and accepting wagers. A licensed corporation receiving permission to conduct telephone account wagering under § 187.1 (relating to permission to conduct telephone account wagering) may accept wagers subject to the following conditions.

(1) The wager shall be placed directly to the licensed corporation by the holder of a telephone wagering account.

(2) The person placing the wager shall provide the licensed corporation with the correct personal identification number previously assigned by the licensed corporation to the holder of the telephone wagering account.

(3) A licensed corporation may not accept a telephone wager from a person located in or residing in the primary market area of a racetrack, other than the racetrack at which the licensed corporation is conducting a race meeting. The licensed corporation is not prohibited from accepting a telephone wager from a person located in or residing in the primary market area of the track at which the licensed corporation is conducting a meeting. If two tracks share a primary market area as defined in section 218(e) of the act (4 P. S. § 325.218(e)), both tracks shall have equal rights to the market in the shared area.

(4) A licensed corporation may not accept a telephone wager, or series of wagers, in an amount in excess of funds on deposit in the telephone wagering account of the holder placing the wager. Funds on deposit include amounts credited under § 187.2(c) (relating to telephone wagering account) and in the amount at the time the wager is placed.

(5) A licensed corporation may not accept a telephone wager at a site not within the area of the racetrack facility.

(6) Only licensed employes of a licensed corporation may operate a telephone account wagering system.

(b) Third parties. A person may not directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of a telephone wagering account. A person may not place a wager by telephone to a facility in the racetrack enclosure on behalf of a holder of a telephone wagering account. Only the holder of a telephone wagering account shall place a telephone wager. Direct or indirect involvement as an intermediary, transmitter or agent in the placing of wagers includes a system whereby funds are deposited to a telephone wagering account from another telephone wagering account or other account. This section does not prohibit use of credit or debit cards specifically approved by the Commission or the use of checks, money orders or negotiable orders of withdrawal.

The provisions of this § 187.3 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5978. Immediately preceding text appears at serial pages (116229) to (116230).

This section cited in 58 Pa. Code § 187.2 (relating to telephone wagering account).

History

• Authority: The provisions of this Chapter 187 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 187 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

58 Pa. Code § 187.4 Live telecasting of races.

Races may not be telecast live to a public location outside of the racetrack facility if used in conjunction with the operation of a telephone account wagering system in a manner which creates an off-track betting center. This section prohibits a contract or other agreement of a licensed corporation that facilitates or encourages the activity as well as an arrangement involving dedicated or direct telephone lines between the racetrack facility and a public location outside the area of the racetrack facility at which live telecasts of races are presented. This section does not prohibit television display of races at public locations when telephone account wagering is incidental to the presentation of the races and the telecasting does not occur in conjunction with operation of an off-track betting center.

History

• Authority: The provisions of this Chapter 187 issued under sections 202 and 218 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 187 adopted March 20, 1987, effective March 21, 1987, 17 Pa.

Chapter 188 Drug Use and Testing

58 Pa. Code § 188.1 Use of controlled substances.

No driver, trainer, groom or official may use a controlled substance as defined in The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144) or a prescription drug unless the substance was obtained directly or under a valid prescription or order from a licensed physician while acting in the course of professional practice. The driver, trainer, groom or official is responsible for giving notice to the presiding judge on a form provided by the Commission that he is using a controlled substance or prescription drug under a valid prescription or order from a licensed physician. No driver, trainer, groom or official using a controlled substance or prescription drug under a valid prescription or order will be permitted to participate in racing activities unless the physician has certified that use of the controlled substance or prescription drug will not adversely affect the driver’s or official’s ability to properly and safely carry out his responsibilities.

This section cited in 58 Pa. Code § 188.3 (relating to testing).

History

• Authority: The provisions of this Chapter 188 issued under section 202 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 188 adopted January 16, 1987, effective January 17, 1987, 17 Pa.

58 Pa. Code § 188.2 Urine test.

A driver, trainer, groom or official for a race may be subjected to a urine test or other noninvasive fluid test for the detection of controlled substances or prescription drugs. The testing will be conducted and administered on racing days on track premises in a manner prescribed by the Commission. An individual subject to this requirement who refuses to submit to the test if requested to do so by a representative of the Commission is subject to a fine of $250 and an immediate 10-day suspension to be imposed by the presiding judge or associate judge.

History

• Authority: The provisions of this Chapter 188 issued under section 202 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 188 adopted January 16, 1987, effective January 17, 1987, 17 Pa.

58 Pa. Code § 188.3 Testing.

A driver, trainer, groom or official who is selected to submit to a urine test shall provide a urine sample to a representative of the Commission and shall cooperate with the representative. The taking of the sample shall occur in the presence of a Commission representative of the same sex as the tested individual. The sample shall be sealed and tagged immediately using a form provided by the Commission. Evidence of the sealing shall be indicated by the signatures of the tested individual and the representative of the Commission. The portion of the form provided to the laboratory for analysis may not identify the tested individual by name. The sample will be initially tested utilizing a drug detection device approved by the Commission and used at a laboratory approved by the Department of Health under 28 Pa. Code § 5.50 (relating to approval to provide special analytical services) to conduct urine content drug screening tests.

History

• Authority: The provisions of this Chapter 188 issued under section 202 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 188 adopted January 16, 1987, effective January 17, 1987, 17 Pa.

58 Pa. Code § 188.4 Test results.

(a) Action upon initial positive test result. A driver, trainer, groom or official who is initially tested positive for a controlled substance or prescription drug as part of a test administered using a portable drug detection device may be prohibited from participating in racing programs by the presiding judge until, in the judgment of the presiding judge, the tested individual is capable of safely participating in racing activities.

(b) Action upon confirmed positive test result. Initial positive test results shall be analyzed by a clinical laboratory which is approved by the Department of Health under 28 Pa. Code § 5.50 (relating to approval to provide special analytical services) to provide confirmatory urine content drug testing specialized laboratory services. If the clinical laboratory analysis confirms an initial positive test for a controlled substance or prescription drug, other than a controlled substance or prescription drug used under a valid prescription or order under § 188.1 (relating to use of controlled substances), the Executive Secretary will:

(1) For the first violation, issue a written reprimand and warning and notify the tested individual that he will be subject to mandatory drug testing for a period of time as determined by the Executive Secretary, and that further violations shall result in the sanctions of paragraphs (2) and (3).

(2) For a second violation, require the tested individual to enroll in a treatment program approved by the Commission upon reasonable terms and conditions as required and at the cost of the tested individual. The tested individual shall be permitted to participate in racing activities prior to completion of the treatment program only if continued participation would not be detrimental to the best interests of racing or would not be unsafe, as determined by the Executive Secretary. The tested individual shall provide the Commission written notice of his enrollment, weekly status reports and written notice of his successful completion of, and discharge from, the program. If a tested individual fails to comply with this paragraph, his license will be suspended until compliance is obtained. Upon successful completion of a treatment program, the tested individual will be permitted to participate in racing activities if permission had been denied by the Executive Secretary.

(3) For a third or subsequent violation, inform the tested individual that he may be liable under the penalties in sections 213 and 214 of the Race Horse Industry Reform Act (4 P. S. § § 325.213 and 325.214), or he may be required to enroll in a treatment program in lieu of the penalties, at the discretion of the Commission.

(c) Review. Actions by a presiding judge, associate judge or the Executive Secretary under this section are subject to review by the Commission if review is requested in writing within 10 days of receipt of written notice of the actions. The Commission may affirm, modify or reverse action taken by a presiding judge, associate judge or the Executive Secretary if the action is consistent with the best interests of racing.

(d) Positive test. For purposes of this section, a positive test is a test result indicating the presence of any amount of a controlled substance or prescription drug.

History

• Authority: The provisions of this Chapter 188 issued under section 202 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 188 adopted January 16, 1987, effective January 17, 1987, 17 Pa.

58 Pa. Code § 188.5 Confidentiality

(a) Permitted disclosures. Information received in the process of obtaining a urine sample, including, but not limited to, medical information, the results of a urine test and reports filed as a result of attending a treatment program, will be treated as confidential, except for use with respect to a ruling issued under this chapter, or an administrative or judicial hearing with regard to the ruling. Access to the information received or reports of positive results or reports from a treatment program will be limited to the Commissioners, the Executive Secretary or a designee, counsel for the Commission and the tested individual. Nothing in this section prohibits the disclosure of a fine, suspension or revocation imposed on a licensee under this chapter.

(b) Storage and retention of information. Information received and reports prepared under this chapter will be stored in a locked, secure area in the office of the Executive Secretary for 1 year, after which time they will be destroyed. However, the Commission may maintain the information received and reports on individuals who have violated this chapter for the purpose of recording the number of violations and the results of treatment, and for use if future violations occur.

History

• Authority: The provisions of this Chapter 188 issued under section 202 of the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 188 adopted January 16, 1987, effective January 17, 1987, 17 Pa.

Chapter 189 Nonprimary Locations

58 Pa. Code § 189.1 Definitions.

The following words and terms when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A licensed corporation that files a Nonprimary Location Statement with either the Commission or the State Horse Racing Commission. Architect—A person licensed to practice the profession of architecture. Calendar year—The period beginning 12:01 a.m. on January 1 and extending through 12 p.m. on December 31. Center of the racetrack—The point located at the center of the area circumscribed by the inside rail of the racetrack. Charitable institution—A building occupied in whole or in part by an organization dedicated to the relief of a certain class of persons either by financial assistance, education or care on a not-for-profit basis and exempt from taxation under the Internal Revenue Code (26 U.S.C.A. § § 1—7872). Church—A building occupied in whole or in part by an organization engaged in religious worship or instruction. Engineer—A person licensed to practice the profession of engineering. Facility—The buildings or areas of buildings under the possession, ownership or control of a licensed corporation at a nonprimary location. Handle—The total amount of money wagered. Hospital—A building used in whole or in part for the extended, overnight, medical care of ten or more sick, wounded, aged or infirm persons. Local resident—A person whose residence is within 10 miles of a proposed nonprimary location. Nonprimary location—A parcel or contiguous parcels of real estate on which a licensed corporation conducts or proposes to conduct pari-mutuel wagering other than its racetrack. Public park or playground—Land owned by the Commonwealth or a county, township, municipality, borough, school district or other governmental unit within this Commonwealth, open to the public for recreational purposes. Race related information—Current odds, program changes, order of finish and other information typically displayed to patrons at the racetrack on the infield tote board, with respect to a race upon which patrons of a nonprimary location may wager. School—A building used during the majority of the calendar year, in whole or in part, for educational or instructional purposes on a not-for-profit basis by an organization accredited by the Department of Education. Statement—A Nonprimary Location Statement.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.2 Applicability.

Except as expressly amended by this chapter, this part applies to each nonprimary location operated by a corporation licensed by the Commission. Obligations of a licensed corporation with respect to its racetrack location apply to its nonprimary location. The privileges conferred by the granting of a license to an employe, concessionaire or vendor of a licensed corporation are applicable to a nonprimary location operated by the licensed corporation.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.21 Nonprimary Location Statement.

(a) Only a licensed corporation may apply for approval of a nonprimary location.

(b) A corporation licensed by the Commission may apply for approval of a nonprimary location by submitting a Statement to the Commission.

(c) A Statement shall be in the form prescribed by the Commission and shall be accompanied by the documents, information and exhibits requested by the Commission.

This section cited in 58 Pa. Code § 189.24 (relating to consideration of a Statement by the Commission and the State Horse Racing Commission).

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.22 Filing of a Statement; documentation required.

(a) A Statement will be considered, and may be submitted, in three parts as follows:

(1) Part I requires the submission of the following information, exhibits and documentation:

(i) The address of the location.

(ii) The name, address and telephone number of the owner of the real estate upon which the location will be situated.

(iii) A copy of the lease, purchase option or purchase agreement for the location.

(iv) The zoning of the location.

(v) A statement indicating whether the location is situated within 300 feet of a church, hospital, charitable institution, school, public park or playground.

(vi) A pro forma financial statement projecting attendance, handle and revenue at the location.

(vii) A statement of the projected cost of operation of the location.

(viii) A statement of the sources of funds used to construct the location including a copy of the loan commitment letter, loan documents or other documents setting forth the terms relating to the financing of the location and a certification that the licensed corporation’s State and local tax obligations are not in arrears.

(ix) A statement of the projected revenue and taxes to be paid to the State and local government.

(x) The anticipated impact on attendance, handle and purse structure at licensed facilities conducting live racing in this Commonwealth.

(xi) The areas from which the applicant expects to attract patrons to the location.

(xii) The population of the area within 35 air miles to the location.

(xiii) The number and types of full and part-time jobs to be created at the location.

(xiv) The number of jobs at the location to be filled by local residents.

(xv) The number and types of jobs to be created by the construction or renovation of the location.

(xvi) The distance between the location and racetracks conducting live racing in this Commonwealth.

(xvii) The owner and description of other businesses or uses to be conducted at the location.

(xviii) A nonrefundable fee of $1,000.

(2) Part II requires the submission of the following information, exhibits and documentation:

(i) The number of floors, total square footage and seating capacity of the facility.

(ii) A description of the dining accommodations and concession areas to be contained in the facility, including the types of food and beverages to be available, the seating capacity and a description of the kitchen areas.

(iii) The number and location of fire escapes and emergency exits at the facility.

(iv) The number of rest rooms to be contained in the facility.

(v) A description of the general demeanor of the facility, including its decor and lighting, the type of seating to be provided and the areas of the facility where patrons can handicap races.

(vi) A description of the exterior of the facility.

(vii) The architectural or engineering drawings of the facility.

(viii) A description of the heating, air conditioning, smoke removal and climate control equipment; and smoke and fire detectors to be used in the facility.

(ix) The provisions made to assure that the facility is accessible to the physically handicapped.

(x) A description of the parking areas to be provided at the location, including the name, address and telephone number of the owner of the parking facilities; a copy of lease agreements for parking; the number of parking spaces to be provided; the charge to be imposed for parking; and a description of traffic control to be provided.

(xi) Copies of contracts relating to, and a complete description of, the pari-mutuel or totalizator equipment to be used in the facility and a statement describing the compatibility of that equipment with the equipment being used at the primary racetrack of the licensed corporation and the equipment in use at the other primary racetracks which will be transmitting their races to the facility.

(xii) Copies of contracts relating to, and a description of, the equipment to be used to include money wagered in common pari-mutuel pools, including the number of betting windows and stand-alone terminals to be provided.

(xiii) Copies of contracts relating to, and a description of, the equipment to be used for receiving transmissions of races and race related information.

(xiv) The name, address and telephone number of persons supplying equipment to the location.

(xv) A description of the procedures to be used to resolve patron complaints at the location.

(3) Part III requires the submission of the following information, exhibits and documentation:

(i) The plan the applicant intends to institute to recruit, train and upgrade employes on an equal opportunity basis.

(ii) Copies of contracts for the provision of goods and services to the location, including a notation of which contracts are with minority or female-owned businesses.

(iii) The name, address and telephone number of the location mutuel manager and whether that person is the holder of a license issued by the Commission.

(iv) The name, address and telephone number of the location director of security and whether that person is the holder of a license issued by the Commission.

(v) The name, address and telephone number of the general manager of the location and whether that person is the holder of a license issued by the Commission.

(vi) The names of the vendors and concessionaires providing goods or services, or both, to the location and whether the vendors or concessionaires hold a license issued by the Commission.

(vii) A description of the security plan for the location and a copy of the contracts relating to security at the location.

(viii) The admission or seating fee to be charged at the location.

(ix) A copy of insurance policies applicable to the location.

(x) A statement indicating whether application has been made to the Liquor Control Board for a license, or the transference of a license, permitting the sale or consumption of alcoholic beverages at the location and action taken on that application.

(xi) A statement indicating whether the applicant has entered into an agreement for the simulcasting of races to the location.

(xii) The applicant’s strategy for preserving the integrity of live racing in this Commonwealth.

(xiii) A copy of building, fire, occupancy, health and sanitation or other permits required by the Commonwealth or a county, township or municipality in which the location is situated.

(b) Upon receipt of the information, documents and exhibits required in Part I of the Statement, and if the information, documents and exhibits are complete and indicate compliance with the act and this part, the Commission will request public comments and schedule a public hearing as described in § 189.23 (relating to public hearing and public comment). Within 60 days of the later of the expiration of the public comment period or holding of the public hearing, the Commission will either forward written notice of its decision concerning the proposed site of the nonprimary location to the applicant or request additional information from the applicant. A request for additional information shall toll the 60-day period described within this subsection. The Commission will act upon information received under a request for additional information within 60 days of receipt of the information. If the Commission denies approval of Part I of a Statement, the applicant may submit a revised Statement for consideration by the Commission. The Commission will act upon a revised Statement submitted under this subsection within 60 days of receipt of the revised Statement.

(c) Upon receipt of the information, documents and exhibits required in Part II of the Statement, and if the information, documents and exhibits are complete and indicate compliance with the act and this part and following approval of the site of the nonprimary location as submitted in Part I of the Statement, the Commission will begin consideration of the proposed facility. Within 60 days of the later of either the written approval of Part I of the Statement, or the receipt of the information, documents and exhibits requested in Part II of the Statement, the Commission will either forward written notice of its decision concerning the proposed facility to the applicant, or request additional information from the applicant. A request for additional information shall toll the 60-day period described in this subsection. The Commission will act upon information received under a request for additional information within 60 days of receipt of the information. If the Commission denies approval of Part II of a Statement, the applicant may submit a revised statement for consideration by the Commission. The Commission will act upon a revised statement submitted under this subsection within 60 days of receipt of the revised statement.

(d) Pari-mutuel wagering at a nonprimary location may not be commenced until the Commission has issued written approval of the information, documents and exhibits requested in Part III of the Statement. Within 30 days of completion of construction and renovation of the facility and the receipt of the information, documents and exhibits requested in Part III of the Statement, the Commission will either forward written notice of its decision concerning approval of the nonprimary location or request additional information. A request for additional information shall toll the 30-day period described in this subsection. The Commission will act upon information received under a request for additional information within 30 days of receipt of the information. If the Commission denies approval of Part III of a Statement, the applicant may submit a revised statement for consideration by the Commission. The Commission will act upon a revised statement submitted under this subsection within 30 days of receipt of the revised statement.

(e) The Commission may employ the services of architects, engineers, accountants or other specialists to assist in the evaluation of a Statement or to inspect work performed at a nonprimary location. The applicant is responsible for costs or charges incurred or received by the Commission in connection with these services. If an inspection discloses that the facility is not being constructed in substantial compliance with the information, documents and exhibits submitted in connection with the Statement, the Commission may do one or more of the following:

(1) Refuse to issue, or revoke, operational approval of the nonprimary location.

(2) Impose a penalty authorized by the act.

This section cited in 58 Pa. Code § 189.24 (relating to consideration of a Statement by the Commission and the State Horse Racing Commission).

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.23 Public hearing and public comment.

(a) Upon the filing of a Statement by a corporation licensed by the Commission, the Commission will place the following notice in a newspaper of general circulation in the county in which the nonprimary location is to be situated: TO WHOM IT MAY CONCERN:

The Pennsylvania State Harness Racing Commission hereby gives notice that a Nonprimary Location Statement was filed on the

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.24 Consideration of a Statement by the Commission and the State Horse Racing Commission.

(a) The approval of the State Horse Racing Commission is necessary for the establishment of a nonprimary location in the secondary market area of a racetrack.

(b) The following procedures, in addition to those in § § 189.21—189.23 (relating to Nonprimary Location Statement; filing of a Statement; documentation required; and public hearing and public comment) apply when the approval of both the Commission and the State Horse Racing Commission is necessary as set forth in subsection (a):

(1) The Statement and information, documents and exhibits required to be submitted with the Statement shall be submitted to the Commission according to the schedule established in § 189.22.

(2) The Commission will consider the Statement in accordance with the schedule established in § 189.22 and will:

(i) Notify the State Horse Racing Commission of the scheduling of the public hearing as set forth in § 189.23.

(ii) Invite the State Horse Racing Commission to participate in the public hearing.

(iii) Permit the State Horse Racing Commission to review public comments received.

(iv) Provide one copy of the Statement to the State Horse Racing Commission.

(3) If the Commission approves Part I of the Statement, written notice of the approval will be given to the State Horse Racing Commission.

(4) The State Horse Racing Commission has 30 days from the date of the written notice required by paragraph (3) to deny approval of Part I of the Statement. The failure of the State Horse Racing Commission to deny approval of Part I of the Statement constitutes approval of Part I of the Statement.

(5) Upon the approval by the State Horse Racing Commission of Part I of the Statement, or the expiration of the 30-day denial period, and the submission of the information, documents and exhibits requested in Part II of the Statement, the Commission will begin consideration of Part II of the Statement.

(6) If the Commission approves Part II of the Statement, written notice of the approval will be given to the State Horse Racing Commission.

(7) The State Horse Racing Commission has 30 days from the date of the written notice required by paragraph (6) to deny approval of Part II of the Statement. The failure of the State Horse Racing Commission to deny approval of Part II of the Statement constitutes approval of the Statement by the State Horse Racing Commission.

(8) An order issued under this section may be executed by the Executive Secretary of the State Horse Racing Commission following the polling of the members of the State Horse Racing Commission by telephone. Action taken under this paragraph shall be ratified by the State Horse Racing Commission at its next public meeting.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.25 Standards for approval.

(a) Under section 218(g)(5)(ii) and (iii) of the act (4 P. S. § 325.218(g)(5)(ii) and (iii)), the Commission will consider the following in determining whether to grant or deny approval of a Statement:

(1) Whether the facility planned contains amenities such as the restaurants and handicapping facilities required by the act.

(2) Whether the facility will create jobs in the construction and service industries as well as the racing and wagering industry.

(3) Whether the facility will have a positive, neutral or negative impact on the integrity of live racing, including its effect on the attendance, handle and purse structure of live racing.

(4) The anticipated impact on the local community, including the potential for job creation on an equal opportunity basis and the effect on local businesses.

(5) The quality of the physical facilities and services to be provided.

(6) The public interest.

(7) Whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions on an equal opportunity basis and that contracting opportunities are open to all firms.

(8) Information, documents or exhibits submitted as part of a Statement.

(b) No single factor will be paramount. In rendering a decision, the Commission will determine whether the proposed nonprimary location satisfies the legislative intent of the General Assembly as expressed in section 218(g)(5)(ii) of the act.

(c) The Commission will not approve a Statement which proposes the construction of a facility that:

(1) Has a seating capacity that is less than 50% of the maximum lawful occupancy of the facility.

(2) Does not contain a restaurant providing table service and offering a menu which includes appetizers, entrees and desserts.

(3) Is intended to offer only wagering opportunities to the public or serve solely as a betting parlor.

(4) Does not contain color television monitors of a size and in a number sufficient to allow patrons to conveniently view the races upon which they may wager.

(d) Ownership or control of a nonprimary location may be transferred from one licensed corporation to another licensed corporation only with the consent of the Commission. The consent of the State Horse Racing Commission is also necessary if the racing activities of one of the licensed corporations is regulated by the State Horse Racing Commission.

(e) Approval of a nonprimary location is granted upon the condition that the licensed corporation accept and observe the rules of the Commission. The approval of a nonprimary location does not prevent the Commission from ordering modification of the facility or operations at the nonprimary location if the Commission finds evidence of noncompliance with the act or this chapter or that the construction or reconstruction of the facility is not being performed as set forth in the approved Statement. The decision of the Commission to disapprove, suspend, revoke or modify approval of a nonprimary location will be made after notice and a hearing and shall be an appealable adjudication of the Commission.

(f) In evaluating the public interest, the impact of the local community, and the potential for job creation of a nonprimary location as required by section 218(g)(5)(iii) of the act, the Commission will consider whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions and that contracting opportunities are open to all firms on an equal opportunity basis.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.41 Facility requirements.

(a) A nonprimary location facility shall contain:

(1) An adequate number of free drinking water fountains and rest rooms for use of patrons.

(2) Facilities and design to ensure that the facility is accessible to the physically handicapped.

(3) Amenities such as the restaurant and handicapping facilities required by the act.

(b) A facility that is located in Pittsburgh, Philadelphia or Scranton shall possess a certificate of compliance with fire-safety requirements issued by the appropriate fire-safety authority of that city. A facility that is located somewhere other than in Pittsburgh, Philadelphia or Scranton shall possess a certificate of occupancy issued by the Department of Labor and Industry under the act of April 27, 1927 (P. L. 456, No. 299) (35 P. S. § § 1221—1235), known as the Fire and Panic Act.

(c) A person employed at a nonprimary location by a licensed corporation, concessionaire or other person or entity shall obtain a license from the Commission under § 185.29 (relating to occupational and participation licenses).

(d) Persons employed at a nonprimary location shall display an identification badge as described in § 165.92(b) (relating to identification cards and badges) while working at the nonprimary location.

(e) Only telephones or other communication equipment approved by the Commission may be installed or operated at a nonprimary location. Except as expressly authorized by the Commission, telephones or communications equipment installed or operated at a nonprimary location shall be connected to a central switchboard.

This section cited in 58 Pa. Code § 189.45 (relating to wagering requirements).

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.42 Concessionaires.

(a) A person, firm, association, group or corporation which holds a concession, right or privilege to perform a service or sell an item at a nonprimary location operated by a licensed corporation shall be licensed by the Commission and shall submit to the Commission a copy of each report, advice or other document which that person, firm, association, group or corporation furnishes or is required to furnish to the licensed corporation to substantiate rentals, service fees or similar financial or business arrangements between the parties.

(b) A person, firm, association, group or corporation operating a concession, performing a service or selling an item at a nonprimary location shall submit the following reports to the Commission:

(1) An audited profit and loss statement reflecting its operations at each nonprimary location. This report shall state the gross revenues derived during the reporting period as well as expenses paid or accrued during the reporting period. Income and expense items shall be shown in detail. This profit and loss statement shall be filed with the Commission by January 31 and reflect operations during the preceding calendar year.

(2) Certified financial statements, including a Balance Sheet, Income Statement and a Statement of Change In Financial Position. These financial statements shall be submitted within 75 days of the end of the calendar year in the case of a person, or the fiscal year in the case of a firm, association, group or corporation.

(3) Upon request of the Commission:

(i) Copies of weekly payrolls of persons employed at a nonprimary location, including the name and address of each person.

(ii) Copies of written contracts and agreements and a summary of verbal contracts and agreements at a nonprimary location.

(iii) A list of the owners of the firm, association, group or corporation.

(iv) A list of the officers and directors and the compensation paid to each of them.

(4) Upon the sale or transfer of an ownership interest in a concessionaire, an affidavit setting forth the information required by section 204 of the act (4 P. S. § 325.204), and Chapter 185 Subchapter C (relating to stock issues or transfers).

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.43 Transmission of races and race related information to nonprimary locations.

(a) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall install a system permitting the transmission of audio and video coverage of the races it conducts and race related information from the racetrack to the nonprimary location. The system shall transmit this audio and video coverage without interception or interference, either by encoding the signal or by other means. The system shall include a means of transmitting the audio portion of the coverage independently of the video coverage if the video coverage is interrupted.

(b) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall transmit the following to the nonprimary location:

(1) Live audio and video coverage of the races it conducts, including coverage of the horses in the paddock and while scoring.

(2) Video coverage of race related information.

(c) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall:

(1) Be responsible for displaying the information transmitted to the nonprimary location under subsection (b) at the nonprimary location.

(2) Provide an audio and video transmission that is an exemplary depiction of the races it conducts.

(3) Provide continuity of programming between races.

(d) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall include in its video coverage of a race:

(1) A digital display of the actual time of day.

(2) The name of the racetrack from which the video transmission emanates.

(3) The number of the race being displayed.

(4) Wagering information, including odds, probable payoffs and pool totals.

(e) If the transmission of the video coverage of a race is interrupted, the transmission of the audio coverage of the race shall be continued.

(f) If the transmission of the audio coverage of the race is interrupted, the transmission of the video portion of the coverage shall be continued.

(g) If the transmission of the audio and video coverage of a race is interrupted prior to the start of the race, wagering being conducted on the race and future races at the nonprimary location shall cease until the transmissions are restored. If the interruption of audio or video coverage, or both, prevents the display of a race at the nonprimary location, a replay of the race shall be displayed at the nonprimary location as soon after the restoration of coverage as possible.

(h) A licensed corporation conducting a race upon which patrons of a nonprimary location may wager shall make and retain a video record of transmissions to the nonprimary location. This record shall be in decoded form, on 1/2-inch video cassette and shall be delivered to the Commission upon request. This record shall be retained for a period of 60 days.

(i) At least 30 minutes prior to the commencement of the transmission of audio and video coverage of each program of races and race related information, the licensed corporation conducting the races shall transmit a test program of its audio and video coverage to ensure that the system is operating properly.

(j) A licensed corporation shall provide a list of persons or other entities, including nonprimary locations known to be capable of receiving the audio and video coverage of its races or in possession of equipment capable of decoding its transmissions.

(k) A licensed corporation permitting patrons of a nonprimary location to wager on races it conducts shall implement a security system to protect the equipment used to transmit audio and video coverage of its races and race related information from tampering.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.44 Display of races and race related information at a nonprimary location.

(a) The following shall be offered to patrons at every nonprimary location:

(1) Audio and video coverage of every race upon which patron’s of the nonprimary location are permitted to wager, including coverage of the horses in the paddock and while scoring.

(2) Video coverage of race related information for every race upon which patrons of the nonprimary location are permitted to wager.

(b) A nonprimary location shall be equipped with a system permitting the reception of transmissions of races and race related information without interference or interception.

(c) A licensed corporation operating a nonprimary location shall develop and implement a security system to protect the equipment being used to receive transmissions of races and race related information from tampering.

(d) If the reception of the video coverage of a race is interrupted, the audio coverage of the race shall continue to be presented.

(e) If the reception of the audio coverage off the race is interrupted, the video coverage of the race shall continue to be displayed.

(f) If the reception of the audio and video coverage of a race is interrupted during the running of the race, wagering being conducted on future races at the nonprimary location shall cease until the transmissions are restored. If the interruption of audio or video coverage, or both, prevent the display of a race at the nonprimary location, a replay of the race shall be displayed at the nonprimary location as soon after the restoration of coverage as possible.

(g) A licensed corporation operating a nonprimary location shall make and retain a record of coverage displayed at the nonprimary location. These copies shall be retained for 60 days and shall be in decoded form on 1/2-inch video cassette and shall be delivered to the Commission upon request.

(h) At least 30 minutes prior to the commencement of wagering at the nonprimary location, a test of the equipment used to receive and display races and race related information at the nonprimary location shall be conducted to ensure that the system is operating properly.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.45 Wagering requirements.

(a) Wagering on races at a nonprimary location shall be conducted using the pari-mutuel system of wagering.

(b) A nonprimary location shall be equipped with:

(1) A communication system that permits communication among the pari-mutuel department of the nonprimary location and the pari-mutuel department and judges of racetracks conducting races on which patrons of the nonprimary location may wager.

(2) A system capable of ensuring that money wagered on a particular race is included in the pari-mutuel pool of the racetrack conducting the race.

(3) A system capable of ensuring that pari-mutuel machines at the nonprimary location lock upon the ringing of the bell or upon the closing of wagering for any reason.

(c) Pari-mutuel wagering on races shall be conducted using pari-mutuel tickets sold from machines approved by the Commission. No pari-mutuel machine will be approved unless it is compatible with the system required by subsection (b)(2). No more than 20% of the pari-mutuel machines used in a facility may be stand-alone terminals, without the written consent of the Commission.

(d) The transmission of wagering data between the nonprimary location and the racetrack conducting a race upon which wagering is permitted shall be independent of the transmission of audio and video coverage of the race and race related information. The system shall be tested at least 30 minutes prior to the commencement of wagering at the nonprimary location.

(e) Patrons at nonprimary locations shall be afforded the same wagering opportunities on a particular race as patrons at the racetrack. Patrons at the racetrack shall be afforded the same wagering opportunities on a particular race as patrons at nonprimary locations. Winning pari-mutuel tickets purchased at a facility within a racetrack enclosure shall be cashed at a facility within the racetrack enclosure.

(f) Notwithstanding § 189.41 (relating to facility requirements), persons employed in the pari-mutuel department of a nonprimary location operated by a licensed corporation of the Commission shall be considered pari-mutuel employes of the licensed corporation for purposes of reports to the Commission and the Department of Revenue.

(g) Reports of pari-mutuel wagering required by this part shall reflect the request information separately for each nonprimary location operated by the licensed corporation.

(h) The stop betting command shall be noted by the ringing of the bell at the nonprimary location. The Commission may order that the stop betting command at the nonprimary location be given prior to the start of races.

(i) Pari-mutuel wagering shall be permitted at a nonprimary location only on the days authorized by the Commission. Sixty days prior to the date of proposed initial operation, and no later than November 1 of each succeeding year, a licensed corporation desiring to conduct pari-mutuel wagering at an approved nonprimary location shall submit a Request for Days of Operation stating the desired operational dates for the succeeding year to the Commission. In determining whether to grant the requested dates, the Commission will be guided by the act and this chapter.

(j) On authorized days of operation, no business may be conducted at a facility unless operated by or under a contract with the licensed corporation operating the nonprimary location and approved by the Commission.

(k) A licensed corporation shall submit written notice of its intention to suspend or terminate operations at a nonprimary location at least 60 days prior to the suspension or termination. The 60-day notification period may be reduced by the Commission for good cause shown.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.46 Location mutuel manager.

An individual shall be designated as a location mutuel manager at each nonprimary location. This individual shall:

(1) Oversee the pari-mutuel operations at the nonprimary location.

(2) Receive communications from the mutuel manager of each racetrack conducting races upon which patrons of the nonprimary location may wager.

(3) Oversee the operation of the equipment being used to include money wagered at the nonprimary location in the pari-mutuel pool at the racetrack conducting the race and suspend wagering at the nonprimary location if the money wagered is not being transmitted to the pari-mutuel pool at the racetrack conducting the race.

(4) Be responsible for ensuring that laws and regulations governing pari-mutuel wagering are observed at the nonprimary location.

(5) Be licensed by the Commission.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.47 Number of nonprimary locations permitted.

(a) A licensed corporation authorized to hold race meetings at a primary racetrack location at which more than one license is so authorized may be granted approval for two nonprimary locations, except that no approval will be granted if the approval would result in the number of nonprimary locations for any primary racetrack exceeding four. For purposes of this section, the term ‘‘primary racetrack’’ includes a racetrack at which either horse or harness race meetings, or both, are being conducted.

(b) A licensed corporation authorized to hold race meetings at a primary racetrack location at which only one license is so authorized may be granted approval for three nonprimary locations.

(c) Notwithstanding subsection (a) or (b), the Commission may approve one additional nonprimary location during the calendar year 1989 and 1990 for one corporation licensed to conduct race meetings at the primary racetrack location.

(d) Recognizing that the approvals referred to in subsection (c) may only be granted in 1989 and 1990 respectively, and recognizing the increased risk placed upon construction workers and the public if the pace of construction is accelerated, the Commission adopts the following interpretation. A nonprimary location subject to subsection (c) shall be deemed to be approved at the time when the Commission approves the information contained in Part I of the Statement. This approval shall be subject to revocation if the information contained in Parts II and III of the Statement is not approved. Other Statements shall be deemed approved only when all parts of the Statement have been approved.

(e) A primary racetrack location at which more than one licensed corporation is so authorized shall be awarded a maximum of six nonprimary locations. A primary racetrack location at which only one licensed corporation is so authorized shall be awarded a maximum of five nonprimary locations.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.61 Operation of a single nonprimary location by more than one licensed corporation.

(a) When a site is approved by the Commission as a nonprimary location established by more than one licensed corporation, by agreement between the licensed corporations and with the approval of the Commission, one licensed corporation may operate the pari-mutuel equipment at the nonprimary location.

(b) If a single nonprimary location is established by more than one licensed corporation, each corporation is responsible for ensuring that the act and this part are observed at the nonprimary location.

(c) Licensed corporations desiring approval for the operation of a nonprimary location by more than one licensed corporation shall file and obtain approval of the agreement governing operation of the nonprimary location from the Commission.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.62 Maintenance of a nonprimary location facility.

(a) A licensed corporation that establishes a nonprimary location shall maintain the grounds and the facility at the nonprimary location so as to be neat and clean, painted and in good repair, with special consideration for the comfort and safety of patrons, employes and other persons whose business requires their attendance.

(b) A licensed corporation that establishes a nonprimary location shall maintain in good working order the equipment being used to transmit and receive audio and video signals, to display the audio and video signals and to include money wagered in common pari-mutuel pools.

(c) Plans for renovations, rehabilitations or changes to be made to a nonprimary location after the commencement of operations shall first be approved by the Commission before being implemented.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.63 Impermissible conduct.

(a) While at a nonprimary location, no person may:

(1) Use improper, profane or indecent language to a racing official, licensee or Commission employe.

(2) Disturb the peace or make himself obnoxious to others.

(b) Wagering within the confines of a nonprimary location other than through pari-mutuel machines approved by the Commission is prohibited. A person making a handbook or wagering with a handbook, or soliciting wagers to be made on races received at the nonprimary location or on races elsewhere, shall be ejected from the nonprimary location and denied further admission. No gaming device other than that permitted by law will be allowed within a nonprimary location. Cards, dice and petty games of chance are prohibited.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.64 Ejections.

(a) The Commission or a licensed corporation may eject a person from a nonprimary location under the same circumstances as set forth in the act or this part.

(b) A person ejected from the racetrack enclosure of a licensed corporation shall be excluded from all nonprimary locations of the licensed corporation.

(c) A person ejected from a nonprimary location shall be excluded from the racetrack enclosure and all nonprimary locations of the licensed corporation.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.65 Conditions of approval.

Approval issued by the Commission will contain the following conditions:

(1) The Commission, its agents or employes will have immediate and complete access to the areas where activity is being or will be conducted under the act or this part, as necessary to determine compliance with the act and this part, upon presentation of appropriate credentials and without advance notice or a search warrant.

(2) Records pertaining to activities conducted under the act or this part shall be produced for inspection upon demand by the Commission, its agents or employes.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.66 Inspection authorization.

(a) The Commission, its agents or employes will have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter being investigated under the act or this part.

(b) At least annually, the Commission, its agents or employes will inspect the following facilities of licensed corporations for the purposes set forth in subsection (c):

(1) The racetrack at which the licensed corporation conducts 50% or more of its live races.

(2) Nonprimary locations operated by the licensed corporation.

(c) The purpose of the annual inspections authorized in subsection (b) is to determine whether the licensed corporation is maintaining its racetrack and nonprimary locations in good condition and whether adequate provision for rehabilitation and capital improvements has been made.

(d) The Commission, its agents and employes may conduct inspections, including follow up inspections, of racetracks and nonprimary locations as necessary to ascertain compliance or noncompliance with the act or this part.

(e) Inspections of nonprimary locations shall be made during the normal business hours of the nonprimary location.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.67 Enforcement.

(a) If a licensed corporation fails to maintain its racetrack or nonprimary locations in good condition or fails to make adequate provision for rehabilitation and capital improvements, the Commission will direct the licensed corporation to institute appropriate remedial measures.

(b) If a licensed corporation fails to institute the remedial measures directed by the Commission, the Commission may:

(1) Suspend or revoke the approval of one or more nonprimary locations operated by the licensed corporation.

(2) Suspend or revoke the license of the licensed corporation to conduct live racing.

(3) Impose other penalties authorized by the act.

(c) If an inspection of a nonprimary location discloses that the operation of a nonprimary location is not in compliance with the act or this chapter, the Commission may do one or more of the following:

(1) Order the licensed corporation operating the nonprimary location to institute corrective measures necessary to achieve compliance with the act and this chapter.

(2) Suspend or revoke approval for the nonprimary location.

(3) Impose a fine not to exceed $5,000 on the licensed corporation operating the nonprimary location.

(d) If the licensed corporation refuses access to the Commission, its agents or employes, or refuses to produce papers, documents or physical evidence upon demand by the Commission, its agents or employes, the Commission may do one or more of the following:

(1) Suspend or revoke the approval of nonprimary locations operated by the licensed corporation.

(2) Suspend or revoke the license of the licensed corporation to conduct live racing.

(3) Impose other penalties authorized by the act.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.68 Nondiscrimination.

A licensed corporation may not discriminate against an employe, applicant for employment, independent contractor or other person because of race, color, religious creed, ancestry, national origin, age, sex or non-job related handicap or disability.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.69 Proximity to certain uses.

In determining whether a nonprimary location satisfies the legislative intent of the act, the Commission will consider the proximity of the nonprimary location to a church, hospital, charitable institution, school, public park or playground. In its consideration of these factors, the Commission will be guided by the laws of the Commonwealth regulating the sale of alcoholic beverages as set forth in section 4 of the Liquor Code (47 P. S. § 4-404).

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.70 Interpretation of conducting a race meeting.

No licensed corporation will be considered as conducting a race meeting at a racetrack at which it has not scheduled more than 50% of its races during the current year.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.71 Admission of minors.

No licensed corporation may permit a person who is 17 years of age or younger to wager at a nonprimary location. No licensed corporation may permit a person who is 17 years of age or younger to attend a nonprimary location unless the person is accompanied by a parent or guardian. This section does not prohibit persons 17 years of age or younger who are legally employed from being on the nonprimary location premises for the sole purpose of performing their duties as employes.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

58 Pa. Code § 189.72 Reports.

Reports required to be filed by a licensed corporation with respect to its operations and records required to be maintained shall also be filed and maintained separately for each nonprimary location operated by the licensed corporation.

History

• Authority: The provisions of this Chapter 189 issued under sections 102, 213, 218, 225.
• Source: The provisions of this Chapter 189 adopted January 12, 1990, effective January 13, 1990, 20 Pa.

Chapter 190 Common Pool Wagering

58 Pa. Code § 190.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Administration of a common pari-mutuel pool—The performance of ministerial functions relating to a common pari-mutuel pool which may include computation of pool totals, odds and probable payoffs, allocation of funds for distribution to entities establishing the common pari-mutuel pool and preparation of accountings. Common pari-mutuel pool—A pari-mutuel wagering pool administered in one jurisdiction which includes legal wagers of a single type placed in more than one jurisdiction on a race or series of races. Establishment of a common pari-mutuel pool—The inclusion of wagers placed in different jurisdictions on a horse race into a single pari-mutuel pool. Net amount wagered—The amount wagered reduced by the retention imposed under the laws of the Commonwealth or another jurisdiction. Procedures established for the administration of the common pari-mutuel pool—The administrative procedures agreed to by the entities establishing a common pari-mutuel pool which may include the procedure for accepting wagers into the common pari-mutuel pool, distributing money from the common pari-mutuel pool, transmitting wagering information and transferring money between the entities establishing the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.2 Authorization of a common pari-mutuel pool.

(a) Upon approval of the Commission, a licensed corporation may establish a common pari-mutuel pool with entities permitted under the laws of another jurisdiction to conduct pari-mutuel wagering on the results of horse races. The common pari-mutuel pool may be established to accept wagers on a race conducted outside this Commonwealth.

(b) A common pari-mutuel pool established under this chapter may consist of the amount wagered or the net amount wagered by a patron:

(1) Of the licensed corporation.

(2) Of another licensed corporation within this Commonwealth.

(3) Of a corporation licensed by the Commission.

(4) Under the laws of another jurisdiction.

(c) An individual wager shall be deemed to be made at the point of sale in the jurisdiction where it is placed.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.3 Application for permission to establish a common pari-mutuel pool.

(a) A licensed corporation may apply to the Commission for permission to establish a common pari-mutuel pool.

(b) An application for permission to establish a common pari-mutuel pool shall be submitted to the Commission at least 30 days prior to the commencement of wagering into the common pari-mutuel pool. The Commission may accept an application filed less than 30 days prior to the commencement of wagering for good cause shown.

(c) An application for permission to establish a common pari-mutuel pool shall be in a form prescribed by the Commission and shall contain the following:

(1) The name of the licensed corporation requesting permission to establish the common pari-mutuel pool.

(2) The name, date and jurisdiction of the racetrack conducting the race on which wagers will be accepted for inclusion into the common pari-mutuel pool.

(3) The name and licensing jurisdiction of each entity that will be accepting wagers for inclusion into the common pari-mutuel pool.

(4) A copy of the agreement for the simulcast of the race on which wagers will be accepted for inclusion into the common pari-mutuel pool.

(5) A copy of the agreement among the entities establishing the common pari-mutuel pool.

(6) A copy of the procedures established for administration of the common pari-mutuel pool.

(7) A copy of approvals required under the Interstate Horseracing Act of 1978 (15 U.S.C.A. § § 3001—3007).

(8) The minimum amount of a wager which will be accepted for inclusion in the common pari-mutuel pool.

(9) The retention rate to be applied to amounts wagered in this Commonwealth for inclusion in the common pari-mutuel pool.

(10) The retention rate to be applied to amounts wagered in each jurisdiction other than the Commonwealth for inclusion in the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.4 Review of application.

(a) The Commission may approve an application for permission to establish a common pari-mutuel pool if the Commission determines that the establishment of the common pari-mutuel pool will be in the best interest of racing in this Commonwealth and if the following conditions are satisfied:

(1) The race upon which patrons will be permitted to wager may be simulcast under section 216 of the act (4 P. S. § 325.216) or under the Interstate Horseracing Act of 1978 (15 U.S.C.A. § § 3001—3007), or both.

(2) The wager to be accepted is of a type which may be permitted by the Commission under section 221 of the act (4 P. S. § 325.221).

(3) The agreement under which the common pari-mutuel pool will be established and the procedures established for the administration of the common pari-mutuel pool comply with the the act and this chapter.

(b) The Commission may place conditions on an approval of an application as it deems appropriate to assure that the establishment of the common pari-mutuel pool will be in the best interests of racing in this Commonwealth and in compliance with the act and this chapter.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.5 Retention and distribution of retention.

(a) A licensed corporation that establishes a common pari-mutuel pool under this chapter shall retain from each wager placed in this Commonwealth an amount equal to the percentage retention rate approved by the Commission.

(b) The Commission will not approve a percentage retention rate which is less than or exceeds the minimum or maximum retention rate permitted for comparable wagers under section 221 of the act (4 P. S. § 325.221).

(c) A wager placed in this Commonwealth for inclusion in a common pari-mutuel pool established under this chapter shall be included by the licensed corporation in the amount wagered that racing day. A wager placed in another jurisdiction for inclusion in a common pari-mutuel pool established under this chapter may not be included in the amount wagered that racing day.

(d) Money retained by a licensed corporation under subsection (a) plus breakage allocated to the licensed corporation that establishes a common pari-mutuel pool under this chapter, shall be distributed in the same manner as other amounts retained under the act.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.6 Distribution of common pari-mutuel pool.

(a) Money in a common pari-mutuel pool shall be distributed to the holders of winning pari-mutuel tickets in conformity with the common practice of the pari-mutuel system.

(b) Money in a common pari-mutuel pool may be distributed to the holders of winning pari-mutuel tickets according to a net pricing calculation which reflects differing retention rates approved under the laws of the Commonwealth and other jurisdictions accepting wagers for inclusion into the common pari-mutuel pool.

(c) The procedures established for the administration of the common pari-mutuel pool shall include a procedure for the following:

(1) Distributing money in the common pari-mutuel pool to the holders of winning tickets.

(2) Allocating breakage between the entities contributing to the common pari-mutuel pool.

(3) Allocating funds for uncashed winning tickets between the entities contributing to the common pari-mutuel pool.

(4) Providing an accounting to the licensed corporation for submission to the Commission of contributions to and distributions from the common pari-mutuel pool.

(d) Funds for uncashed winning tickets allocated to a licensed corporation shall be distributed by the licensed corporation as provided under section 202(b) of the act (4 P. S. § 325.202(b)).

(e) If wagers placed in this Commonwealth cannot be transmitted for inclusion in a common pari-mutuel pool established under this chapter, the licensed corporation may do one of the following:

(1) Refund all amounts wagered to patrons holding pari-mutuel tickets representing wagers placed for inclusion in the common pari-mutuel pool, if the refund is announced over the public address system of the licensed corporation prior to the official start of the race.

(2) Establish a pari-mutuel pool consisting solely of amounts wagered within this Commonwealth.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.7 Responsibility for distribution.

A licensed corporation that establishes a common pari-mutuel pool under this chapter is liable to the following:

(1) The holder of a winning pari-mutuel ticket representing a wager placed within this Commonwealth for inclusion in the common pari-mutuel pool for the distribution of winnings from the common pari-mutuel pool.

(2) The Commonwealth for all other distributions required under the act or this chapter as a result of wagers placed in this Commonwealth for inclusion in the common pari-mutuel pool.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.8 Races for which a common pari-mutuel pool is established.

A race for which a common pari-mutuel pool has been established shall be conducted under the rules of racing of the jurisdiction in which the race is conducted unless that jurisdiction approves otherwise.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.9 Publication and posting of rules.

A licensed corporation that establishes a common pari-mutuel pool under this chapter shall:

(1) Print a summary of the rules governing wagers into and distributions from the common pari-mutuel pool in its program for the day of the race.

(2) Post a complete copy of the rules governing administration of the common pari-mutuel pool prominently at each betting window or group of betting windows in its racetrack enclosure.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.10 Administration of common pari-mutuel pool by a licensed corporation.

An agreement under which a licensed corporation will administer a common pari-mutuel pool shall contain a provision absolving the licensed corporation from liability if it becomes impossible to include wagers placed in another jurisdiction into the common pari-mutuel pool or if a representative of the Commission or licensed corporation determines that attempting to include wagers placed in another jurisdiction in the common pari-mutuel pool will endanger the licensed corporation’s wagering pool.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

58 Pa. Code § 190.11 Display of racing and wagering information.

(a) A licensed corporation which establishes a common pari-mutuel pool under this chapter shall present an audio and video display of the race, including the post parade, upon which patrons may place wagers for inclusion into the common pari-mutuel pool.

(b) A licensed corporation which establishes a common pari-mutuel pool under this chapter shall present a video display containing wagering information such as current odds, pari-mutuel pool totals and probable payoffs for the race upon which patrons may place wagers for inclusion into the comon pari-mutuel pool.

History

• Authority: The provisions of this Chapter 190 issued under the Race Horse Industry Reform Act (4 P.
• Source: The provisions of this Chapter 190 adopted October 25, 1991, effective October 26, 1991, apply retroactively to October 15, 1991, 21 Pa.

Part VI Arts

Chapter 301 Pennsylvania Council on the Arts

58 Pa. Code § 301.1 Definitions.

The following words and terms when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Act—The act of January 25, 1966 (P. L. 1542 (1965)) (71 P. S. § § 1530.1—1530.7). Advisory panel—A committee appointed by the Council whose membership is comprised of individuals whose expertise, training, and concern is directed specifically to one or more of the various art forms. Amendment letter—A letter by which the Council notifies a grantee of changes in the amount, terms, or conditions of a grant. Award letter—The letter by which the Council notifies a grant applicant that favorable action concerning a grant application has been taken by the Council and which sets forth the terms and conditions of the grant. Council—The Commonwealth of Pennsylvania Council on the Arts. Grant—The award of financial assistance to an individual, organization, or governmental unit. Grant agreement—The documents evidencing a grant—that is: application; award letter; grant confirmation; and, if applicable, amendment letter and grant amendment confirmation. Grant amendment—A change in the terms or conditions of a grant. Grant amendment confirmation—The document evidencing review and approval of a grant amendment. Grant confirmation—The document evidencing review and approval of a grant. Grantee—An individual or organization whose application for a grant has been acted upon favorably by the Council.

58 Pa. Code § 301.2 Authority for making grants.

Grants are awarded by the Council under the authority of sections 4 and 5 of the act (71 P. S. § § 1530.4 and 1530.5) and this chapter from funds appropriated by the General Assembly or funds provided by the Federal government or other sources.

58 Pa. Code § 301.3 Purpose of grant programs.

The purpose of grant programs is to encourage, assist and develop the arts in this Commonwealth.

58 Pa. Code § 301.4 Grant programs.

Grant programs will be as established by the Council and will be as set forth in the Council’s ‘‘Guide to Programs,’’ which will be published annually on a fiscal-year basis. The ‘‘Guide to Programs’’ will be available at no charge to prospective grant applicants.

58 Pa. Code § 301.11 Eligibility of applicants.

The following are eligible to apply for grants from the Council:

(1) Nonprofit organizations or county governments or local governments which provide or propose to provide arts programs or services in this Commonwealth.

(2) Individuals who are residents of this Commonwealth and who are artistically creative or who endeavor to make the arts more accessible to the citizens of the Commonwealth.

58 Pa. Code § 301.12 Award of grant not guaranteed.

Nothing contained in these regulations, Council publications or staff representations shall be construed as implying or representing that an eligible applicant shall have the right to receive Council funds.

58 Pa. Code § 301.21 Application forms.

All grant applications shall be made on forms provided by the Council in such manner as the Council shall direct. The Council may direct that any application shall be accompanied by such additional information as the Council may require and that this be done on such supplemental forms as the Council may direct.

58 Pa. Code § 301.22 Acceptance of terms and conditions.

By completing, signing, and submitting a grant application to the Council, the applicant will be deemed to have certified to the Council that it shall be legally bound by the terms, conditions, and provisions of the grant, including but not limited to the following:

(1) Duly enacted statutes governing civil rights, equal employment opportunity, and access for the handicapped.

(2) Terms, conditions, and program guidelines set forth in the Council’s ‘‘Guide to Programs’’ for the fiscal year for which the application is submitted.

(3) Conditions, restrictions, and changes imposed by the Council in making the award unless objected to in writing within 30 days of the date of mailing of the award letter.

58 Pa. Code § 301.23 Review process.

(a) Grant applications will be initially reviewed by Council staff to determine that all requisite information has been provided. Council staff may seek additional information or suggest modifications to the application.

(b) Grant applications will be reviewed by the appropriate advisory panel, which will, after review, recommend favorable or unfavorable action on the application.

(c) Advisory panels will submit their recommendations to the Council or its Executive Director for final action.

(d) The Council, in its discretion, will determine which applications will be acted upon by the Council and which will be acted upon by the Executive Director. The Council may provide for action by the Executive Director without advisory panel recommendation with respect to specified applications.

58 Pa. Code § 301.31 Notification of council actions.

(a) Notification of favorable Council action on an application will be by award letter which will set forth the terms and conditions of the grant as approved by the Council.

(b) Applicants will be notified by letter of unfavorable Council action, but no formal statement of reasons for unfavorable action will be made by the Council.

(c) Notices under this section will be given in as prompt and expeditious a manner as is practicable.

58 Pa. Code § 301.32 Processing of grants.

(a) After issuance of the award letter, if no objection is received in writing from the grantee within 30 days of the date of mailing, the grantee will be deemed to have accepted the grant as described in the award letter.

(b) Grantees may accelerate processing by notifying the Council of their full acceptance of the grant in writing prior to the expiration of the 30-day period.

(c) A grantee who objects to the terms and conditions set forth in the award letter shall present such objections in writing to the Council, which may either modify the terms or rescind the grant.

(d) Modification of the terms of the grant, made pursuant to the grantee’s objections, will be set forth in a second award letter which will supersede the initial award letter. The grantee must consent in writing to the terms of the second award letter within 30 days of the date of mailing or the grant will be rescinded automatically.

(e) Following compliance with the provisions of this section for acceptance of the grant terms and conditions, the grant agreement will be processed for review and approval. Thereafter, following receipt by the Council of invoices and rebudget, if applicable, from the grantee, processing for payment will be initiated.

(f) No grant will be processed for payment to any grantee who has not complied with all reporting requirements of the Council for any prior grant.

(g) A copy of the grant confirmation will be forwarded to the grantee with the first payment check.

58 Pa. Code § 301.33 Amendment of grants.

(a) After a grant has been processed, notification of any modifications in terms or conditions will be made to the grantee by amendment letter.

(b) If grantee does not object in writing within 30 days of the date of mailing to the terms set forth in the amendment letter, the grantee will be deemed to have consented to the modifications.

(c) Grantees may accelerate the processing by indicating in writing acceptance of the amendment letter terms prior to the expiration of the 30-day period.

(d) If the grantee objects in writing to the amendment letter terms within the 30-day period, the Council may issue a second amendment letter superseding the initial amendment letter. If grantee fails to consent in writing within 30 days of the date of mailing to the terms of the second amendment letter, the grant amendment will be cancelled automatically.

(e) Following compliance with the provisions of this section for acceptance of the grant amendment terms, the amendment letter and grant amendment confirmation will be processed for review and approval. Thereafter, following receipt by the Council of invoices and rebudget, if applicable, from the grantee, processing for payment will be initiated.

(f) A copy of the grant amendment confirmation will be forwarded to the grantee with the first payment check issued subsequent to the change.

58 Pa. Code § 301.41 Verification.

Grantees shall comply with all grant requirements, terms, and conditions; and the Council will verify such compliance.

58 Pa. Code § 301.42 Recordkeeping.

(a) Grant recipients shall keep and maintain financial records in accordance with generally accepted accounting practice so as to assure that the determination—that grant funds are being or have been used for the purpose and under the terms and conditions of the grant—can be readily made by the Council.

(b) Grantees shall keep sufficient records to make possible the ready determination that other than financial terms and conditions of the grant have been complied with by the grantee.

58 Pa. Code § 301.43 Reports.

Grantees shall provide the Council with such reports, including progress reports, as the Council may from time to time require.

58 Pa. Code § 301.44 Audits.

Agencies of the Commonwealth, so empowered, are authorized to examine the financial records of grantees for the purpose of making audits, transcripts, and excerpts, during business hours upon notice and request to the grantee.

Part VII Gaming Control Board

Subpart K Table Games

Chapter 690 Crazy Time—Temporary Regulations

58 Pa. Code § 690.1 Crazy Time layout; physical characteristics.

(a) Crazy Time gaming shall be conducted at a circular wheel at least 5 feet in diameter. The rim of the wheel must be divided into 54 equally spaced sections with 21 sections containing the number 1, 13 sections containing the number 2, 7 sections containing the number 5, 4 sections containing the number 10, 4 sections containing the Coin Flip bonus game symbol, 2 sections containing the Cash Hunt bonus game symbol, 2 sections containing the Pachinko bonus game symbol and 1 section containing the Crazy Time World bonus game symbol.

(b) The sections required under subsection (a) must be arranged clockwise around the rim of the wheel in the following order: 1, 2, 5, 1, 2, Pachinko bonus game, 1, 5, 1, 2, 1, Coin Flip bonus game, 1, 2, 1, 10, 2, Cash Hunt bonus game, 1, 2, 1, 5, 1, Coin Flip bonus game, 1, 5, 2, 10, 1, Pachinko bonus game, 1, 2, 5, 1, 2, Coin Flip bonus game, 1, 10, 1, 5, 1, Cash Hunt bonus game, 1, 2, 5, 1, 2, Coin Flip bonus game, 2, 1, 10, 2, 1, Crazy Time World bonus game.

(c) Each section of the wheel must also display the base payout odds in § 690.4 (relating to payout odds) for the wager, except when the following occur:

(1) The final payout odds for each wager may be increased based upon the results of the Top Slot multiplier as outlined under § 690.3 (relating to Top Slot multiplier).

(2) The final payout odds for any bonus game shall be established during the play of the bonus game as outlined in § § 690.5—690.8.

(d) The sections containing bonus game symbols trigger a subsequent bonus game.

(e) The wheel must contain a clapper capable of selecting a particular section of the wheel upon the conclusion of the spin.

(f) Each Crazy Time table must have a drop box and tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment).

(g) The layout for a Crazy Time table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) and contain the following, at a minimum:

(1) The name or logo of the certificate holder.

(2) Specific betting areas for the placement of wagers, including spaces for 1, 2, 5, 10, Coin Flip bonus game, Cash Hunt bonus game, Pachinko bonus game and Crazy Time World bonus game.

(3) The payout odds for each of the permissible wagers.

(4) The minimum or maximum wagers, or both, that may be placed and the maximum payout limit per round, if applicable.

58 Pa. Code § 690.2 Wagers and rotation of the wheel.

(a) Prior to the spinning of the Crazy Time wheel, the dealer shall announce ‘‘no more bets.’’

(b) The Crazy Time wheel shall be spun by the dealer in either direction and must complete at least three revolutions to constitute a valid spin.

(c) A wager shall be settled in accordance with the wager’s position on the layout when the clapper comes to rest in a section of the wheel.

(d) If the clapper comes to rest between two numbers or symbols upon completion of the spin of the wheel, the spin shall be void and the dealer shall respin the wheel.

(e) If upon completion of the spin the wheel comes to rest on a section of the wheel with 1, 2, 5 or 10, the dealer shall first collect all losing wagers and then pay off all winning wagers in accordance with § 690.4 (relating to payout odds).

(f) If upon completion of the spin the wheel comes to rest on a section of the wheel with a Coin Flip bonus game symbol, a Cash Hunt bonus game symbol, a Pachinko bonus game symbol or the Crazy Time World bonus game symbol, the dealer shall first collect all losing wagers. The dealer shall then proceed to play the winning bonus game to determine the payout odds and pay off all winning wagers.

This section cited in 58 Pa. Code § 690.3 (relating to Top Slot multiplier).

58 Pa. Code § 690.3 Top Slot multiplier.

(a) The Top Slot multiplier shall be a slot machine-style game to determine what, if any, multiplier shall be applied to the Crazy Time game.

(b) The Top Slot multiplier shall consist of the following two reels:

(1) The first reel shall contain each of the betting options available to players: 1, 2, 5, 10, Coin Flip bonus game, Cash Hunt bonus game, Pachinko bonus game and Crazy Time World bonus game.

(2) The second reel shall contain potential multipliers consisting of 1, 2, 3, 4, 5, 7, 10, 15 and 20.

(c) The Top Slot multiplier shall be spun during each round of Crazy Time. The Top Slot multiplier spin shall commence concurrently with the spinning of the Crazy Time wheel under § 690.2(b) (relating to wagers and rotation of the wheel). The following apply:

(1) If the first reel (betting option) and second reel (multiplier) align, then the multiplier shown shall be applied to the betting option shown.

(2) If the first reel (betting option) and the second reel (multiplier) do not align on both a betting option and a multiplier, then no Top Slot multiplier shall be applied to the Crazy Time game.

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); 58 Pa. Code § 690.4 (relating to payout odds); 58 Pa. Code § 690.5 (relating to Coin Flip bonus game); 58 Pa. Code § 690.6 (relating to Cash Hunt bonus game); 58 Pa. Code § 690.7 (relating to Packinko bonus game); and 58 Pa. Code § 690.8 (relating to Crazy Time World bonus game).

58 Pa. Code § 690.4 Payout odds.

(a) A certificate holder shall pay out winning Crazy Time wagers at no less than the odds in the following paytable:

(b) If upon completion of the spin the wheel came to rest on a bonus game section of the wheel, the bonus game shall be played to determine the winning wager payout odds in accordance with § § 690.5—690.8.

(c) Notwithstanding subsections (a) and (b), if a Top Slot multiplier was triggered in accordance with § 690.3 (relating to Top Slot multiplier), then the winning payout odds shall be applied. For example, if a Top Slot multiplier results in 7x on the 5 betting position, winning bets on the 5 would be paid at odds of 35 to 1. Similarly, if a Coin Flip bonus game results in a winning payout of 10x (10 to 1) and the Top Slot multiplier during the base game resulted in 7x on the Coin Flip betting position, then the winning Coin Flip wager would be settled as odds of 70 to 1.

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); and 58 Pa. Code § 690.2 (relating to wagers and rotation of the wheel).

58 Pa. Code § 690.5 Coin Flip bonus game.

(a) Coin Flip is a bonus game in which the result of a coin flip determines the payout odds.

(b) The Coin Flip game shall be comprised of a coin with two distinct sides, such as red and blue.

(c) Before the coin is flipped, multiplier values shall be randomly generated and assigned to either side of the coin. The following apply to multipliers:

(1) The multipliers may range from 2x to 100x.

(2) If a Top Slot multiplier is applied in accordance with subsection (e), the final payout odds may exceed the 100x stated in paragraph (1).

(d) Once multiplier values have been assigned, the coin shall be flipped and the side of the coin that comes to rest face up shall constitute the winning payout odds.

(e) If applicable, the Top Slot multiplier authorized under § 690.3 (relating to Top Slot multiplier) shall be multiplied by the payout odds determined in accordance with subsection (c) prior to the coin being flipped. For example, if the Coin Flip results in 5x (5 to 1 odds) and the Top Slot multiplier was 7x on the Coin Flip bonus game, then the winning payout odds for the round would be 35 to 1.

(f) Notwithstanding subsection (d), a Rescue Flip may randomly be activated after an initial flip where all of the following occur:

(1) The small multiplier was 2x or 3x.

(2) The big multiplier was greater than 15x.

(3) The coin landed with the small multiplier facing up.

(g) If the conditions of subsection (f)(1)—(3) have been met, a Rescue Flip may commence, with the coin being flipped and the face up side of the coin constituting the winning payout odds. The result of the Rescue Flip is the final outcome.

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); and 58 Pa. Code § 690.4 (relating to payout odds).

58 Pa. Code § 690.6 Cash Hunt bonus game.

(a) Cash Hunt is a shooting gallery-style bonus game in which the payout odds are revealed by shooting a symbol to reveal the payout odds hidden beneath.

(b) Cash Hunt shall be comprised of a board containing 108 multipliers. The following apply:

(1) The multipliers may range from 5x to 500x.

(2) If a Top Slot multiplier is applied in accordance with subsection (g), the final payout odds may exceed the 500x stated in paragraph (1).

(c) At the beginning of the Cash Hunt game, the multipliers shall start by being visible to players. The multipliers shall then be covered by symbols and shuffled.

(d) Following the shuffling of the multipliers, a countdown timer shall commence, indicating the time a player has left to select one of the 108 symbols. If the player does not make a selection before the time elapses, one of the 108 symbols will be automatically selected at random.

(e) After a symbol has been selected, the multiplier beneath shall be revealed and shall constitute the winning payout odds.

(f) Each eligible player’s payout shall be based upon their individual selection made in accordance with subsection (d) and not on the outcome of any other player’s selection.

(g) If applicable, the Top Slot multiplier authorized under § 690.3 (relating to Top Slot multiplier) shall be multiplied by all 108 payout odds prior to the multipliers being covered and shuffled under subsection (c). For example, if the initial Cash Hunt multiplier is 5x (5 to 1 odds) and the Top Slot multiplier was 7x, the Cash Hunt multiplier would become 35x (35 to 1) prior to the multiplier being covered and shuffled.

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); and 58 Pa. Code § 690.4 (relating to payout odds).

58 Pa. Code § 690.7 Pachinko bonus game.

(a) Pachinko is a bonus game in which a puck is dropped down a wall to determine the winning multiplier.

(b) Pachinko shall be conducted on a Pachinko board which shall be a wall consisting of a multitude of pegs above 16 landing spots which display potential multipliers.

(c) The Pachinko game shall begin with potential multiplier being generated and displayed at the bottom of the Pachinko board. The following apply to multipliers:

(1) The multipliers may range from 2x to 400x.

(2) In addition to the multiplier range stated in paragraph (1), ‘‘Double’’ may be displayed in one slot.

(3) If a Top Slot multiplier is applied in accordance with subsection (f), the final payout odds may exceed the 400x stated in paragraph (1).

(d) The game presenter shall drop the puck from the randomly selected location at the top of the Pachinko board in the area directly above and between landing spots 4 through 13—the center half of the Pachinko board. The puck will proceed to travel through the pegs on the board and come to rest in one of the landing spots indicating the winning payout odds.

(e) In the event that the puck comes to rest in slot marked ‘‘Double,’’ all of the following apply:

(1) All other multipliers in the other landing spots shall be doubled.

(2) The ‘‘Double’’ shall be replaced with 50x.

(3) The puck drop zone shall be randomly selected and the game presenter shall drop the puck from the randomly selected drop zone.

(4) The puck shall proceed to travel through the pegs on the board and come to rest in a landing spot. The multiplier displayed in the landing spot shall constitute the winning payout odds.

(f) If applicable, the Top Slot multiplier authorized under § 690.3 (relating to Top Slot multiplier) shall be multiplied by all 16 payout odds prior to the puck being dropped in accordance with subsection (d). For example, if the initial Pachinko multiplier is 5x (5 to 1 odds) and the Top Slot multiplier was 7x on Pachinko, the multiplier would become 35x (35 to 1).

(g) Notwithstanding subsections (d) and (e), a Rescue Drop may randomly be activated when the puck comes to rest on a 2x, 3x or 4x multiplier. When a Rescue Drop is activated, all of the following apply:

(1) A multiplier lower than the triggering multiplier shall be updated to be equal to the triggering multiplier. For example, if the puck came to rest in a 4x multiplier slot, all 2x or 3x shall be replaced with 4x.

(2) A multiplier equal to or greater than the triggering multiplier shall remain the same. For example, if the puck came to rest in a 4x multiplier slot, the 4x and any multipliers greater than 4x will remain unchanged.

(3) The puck drop zone shall be randomly selected and the game presenter shall drop the puck from the randomly selected drop zone.

(4) The puck shall proceed to travel through the pegs on the board and come to rest in a landing spot. The multiplier displayed in the landing spot shall constitute the winning payout odds. No additional Rescue Drops shall follow.

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); and 58 Pa. Code § 690.4 (relating to payout odds).

58 Pa. Code § 690.8 Crazy Time World bonus game.

(a) Crazy Time World is a virtual wheel-based bonus game.

(b) Crazy Time World shall be played on a wheel comprised of 64 sections and three clappers. The following apply:

(1) Each of the 64 sections of the wheel shall contain multipliers ranging from 15x to 400x.

(2) In addition to the multiplier range stated in paragraph (1), ‘‘Double’’ may be displayed in one section of the wheel.

(3) The multipliers shall be randomly assigned to the 64 wheel sections.

(4) The three clappers shall be spaced so that there are at least two sections of the wheel between clappers. For example, if the first clapper is on section 1, then the second clapper will be on section 4, and the third clapper shall be on section 7.

(5) If a Top Slot multiplier is applied in accordance with subsection (f), or the doubling outlined under subsection (e), the final payout odds may exceed the 400x stated in paragraph (1).

(c) At the beginning of the Crazy Time World game, a countdown timer shall commence, indicating the time a player has left to select one of the three clappers. If the player does not make a selection before the time elapses, one of the clappers will be automatically selected at random.

(d) After the time for players to select a clapper has elapsed, the game presenter shall start the wheel rotation by pressing the button. When the wheel stops spinning, the multiplier indicated by the player’s selected clapper shall constitute the winning payout odds.

(e) In the event that the player’s selected clapper comes to rest on wheel section marked ‘‘Double,’’ all of the following apply:

(1) All multipliers on the wheel shall be doubled and the wheel spun again.

(2) Only those players who selected the clapper which landed on double shall continue to take part. The result of the spin shall constitute the winning payout odds.

(3) If the clapper lands on a section marked with ‘‘Double’’ a second time, all multipliers on the wheel shall be doubled a second time. The ‘‘Double’’ shall be replaced by a 50x multiplier and the wheel spun again. The result of the spin shall constitute the winning payout odds and may exceed the 400x stated in subsection (b)(1).

(f) If applicable, the Top Slot multiplier authorized under § 690.3 (relating to Top Slot multiplier) shall be multiplied by all 64 payout odds prior to the timer for players to select a clapper commencing under subsection (c). For example, if the initial Crazy Time World multiplier is 15x (15 to 1 odds) and the Top Slot multiplier was 7x on Crazy Time World, the multiplier would become 105x (105 to 1).

This section cited in 58 Pa. Code § 690.1 (relating to Crazy Time layout; physical characteristics); and 58 Pa. Code § 690.4 (relating to payout odds).

Chapter 691 Five Card Roulette—Temporary Regulations

58 Pa. Code § 691.1 Five Card Roulette table; physical characteristics.

(a) Five Card Roulette shall be played at a table having betting positions for no more than seven players on one side of the table and a place for the dealer on the opposite side of the table.

(b) The layout for a Five Card Roulette table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum, the following:

(1) The name or logo of the certificate holder.

(2) A betting area designated for the placement of the Ante wager for each player.

(3) A separate area designated for the placement of each optional wager authorized under § 691.5 (relating to wagers) for each player.

(4) Inscriptions that advise patrons of the payout odds or amounts for all permissible wagers offered by the certificate holder. If payout odds or amounts are not inscribed on the layout, a sign identifying the payout odds or amounts for all permissible wagers shall be posted at each Five Card Roulette table.

(c) Decks of cards used for the play of Five Card Roulette shall be kept on the Five Card Roulette table in a location approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). This area may be part of the table inventory container.

(d) Each Five Card Roulette table must have a drop box and a tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). The Bureau of Casino Compliance may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.

(e) Each Five Card Roulette table must have a discard rack securely attached to the top of the dealer’s side of the table.

58 Pa. Code § 691.2 Cards; number of decks.

(a) Except as provided in subsection (b), Five Card Roulette shall be played with one deck of cards that are identical in appearance and one cover card. A Five Card Roulette deck of cards shall consist of 54 cards—a standard deck of 52 cards with the addition of 2 joker cards.

(b) If an automatic card shuffling device is utilized, Five Card Roulette may be played with two decks of cards in accordance with the following requirements:

(1) The cards in each deck must be of the same design. The backs of the cards in one deck must be of a different color than the cards in the other deck.

(2) One deck of cards shall be shuffled and stored in the automated card shuffling device while the other deck is being used to play the game.

(3) Both decks of cards shall be continuously alternated in and out of play, with each deck being used for every other round of play.

(4) The cards from only one deck shall be placed in the discard rack at any given time.

(c) The decks of cards used in Five Card Roulette shall be changed at least every:

(1) Four hours if the cards are dealt by hand.

(2) Eight hours if the cards are dealt from a manual or automated dealing shoe.

58 Pa. Code § 691.3 Opening of the table for gaming.

(a) After receiving two decks of cards at the table, the dealer shall inspect each deck for any defects. The floorperson or above shall verify the inspection.

(b) After the cards are inspected, the cards shall be spread out face up on the table for visual inspection by the first player seated at the table. The cards shall be spread out according to suit and in sequence.

(c) After the first player seated at the table is afforded an opportunity to visually inspect the cards, each deck shall separately be turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Each deck of cards shall then be shuffled in accordance with § 691.4 (relating to shuffle and cut of the cards).

(d) If an automated card shuffling device is utilized and two decks of cards are received at the table, each deck of cards shall be spread for inspection, mixed, stacked and shuffled in accordance with subsections (a)—(c).

(e) If the decks of cards received at the table are preinspected and preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), subsections (a)—(d) do not apply.

This section cited in 58 Pa. Code § 691.4 (relating to shuffle and cut of the cards).

58 Pa. Code § 691.4 Shuffle and cut of the cards.

(a) Immediately prior to commencement of play, unless the cards were preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), after each round of play has been completed or when directed by the floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack. The certificate holder may use an automated card shuffling device which, upon completion of the shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

(b) If an automated card shuffling device is being used, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 54 cards are present, and the device reveals that an incorrect number of cards are present, the deck shall be removed from the table.

(c) After the cards have been shuffled and stacked, the dealer shall do the following:

(1) If the cards were shuffled using an automated card shuffling device, deal the cards in accordance with § § 691.6 or 691.7 (relating to procedure for dealing the cards from a manual dealing shoe; and procedure for dealing the cards from the hand).

(2) If the cards were shuffled manually, cut the cards in accordance with the procedures in subsection (d).

(d) If a cut of the cards is required, the dealer shall place the cover card in the stack at least 10 cards in from the top of the stack. Once the cover card has been inserted, the dealer shall take all cards above the cover card and the cover card and place them on the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.

(e) After the cards have been cut and before the cards have been dealt, a floorperson or above may require the cards to be recut if the floorperson determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.

(f) If there is no gaming activity at a Five Card Roulette table which is open for gaming, the cards shall be removed from the dealing shoe and discard rack and spread out on the table face down unless a player requests that the cards be spread face up on the table. After the first player to arrive at the table is afforded an opportunity to visually inspect the cards, the procedures in § 691.3 (relating to opening of the table for gaming) and this section shall be completed.

(g) A certificate holder may utilize a dealing shoe or other device that automatically reshuffles and counts the cards, provided that the device is submitted to the Bureau of Gaming Laboratory Operations and approved in accordance with § 461a.4 (relating to submission for testing and approval), prior to its use in the licensed facility. If a certificate holder is utilizing the approved device, subsections (b)—(f) do not apply.

This section cited in 58 Pa. Code § 691.3 (relating to opening of the table for gaming); 58 Pa. Code § 691.6 (relating to procedure for dealing the cards from a manual dealing shoe); 58 Pa. Code § 691.7 (relating to procedure for dealing the cards from the hand); and 58 Pa. Code § 691.8 (relating to procedure for completion of each round of play).

58 Pa. Code § 691.5 Wagers.

(a) Wagers at Five Card Roulette shall be made by placing value chips, plaques or other Board-approved table game wagering instruments on the appropriate areas of the Five Card Roulette layout. Verbal wagers accompanied by cash may be accepted provided that they are confirmed by the dealer and the cash is expeditiously converted into value chips or plaques.

(b) To participate in a round of play, a player shall place an Ante wager. The following terms apply:

(1) A Black Ante wager that the community card revealed will be black.

(2) A Red Ante wager that the community card revealed will be red.

(c) A certificate holder shall offer to each player who placed an Ante wager in accordance with subsection (b) the option of placing the following optional wagers:

(1) A Two—Six wager that the community card revealed will be a two, three, four, five or six and of the color of the player’s Ante wager under subsection (b).

(2) A Seven—Jack wager that the community card revealed will be a seven, eight, nine, ten or jack and of the color of the player’s Ante wager under subsection (b).

(3) A Queen-King wager that the community card revealed will be a queen or king and of the color of the player’s Ante wager under subsection (b).

(4) An Ace wager that the community card revealed will be an ace of the color of the player’s Ante wager under subsection (b).

(5) A Joker wager that the community card revealed will be a joker.

(6) A Community Card bet that the five-card hand formed at the end of the game round by the five community cards will result in a winning combination, outlined in § 691.9(c) (relating to payout). For purposes of the Community Card bet, jokers shall be considered wild. The Community Card bet will win if the five-card hand forms one of the following combinations:

(i) Royal Flush without a joker, which is the ten, jack, queen, king and ace of the same suit, without a joker being used to complete the set.

(ii) Five of a Kind, which is comprised of one of the following:

(A) Four cards of the same rank plus a joker.

(B) Three cards of the same rank plus two jokers.

(iii) Royal Flush with a joker, which is the ten, jack, queen, king and ace of the same suit. One or two jokers may be used to complete the hand configuration.

(iv) Straight Flush, which is five cards of the same suit in consecutive ranking. The following apply:

(A) The ace card may begin the Straight Flush (face value of 1). A Straight Flush ending with an ace as the highest card would constitute a Royal Flush.

(B) One or two jokers may be used to complete the hand configuration.

(v) Four of a Kind, which is comprised of one of the following:

(A) Four cards of the same rank regardless of suit.

(B) Three cards of the same rank regardless of suit plus one joker.

(C) Two cards of the same rank regardless of suit plus two jokers.

(vi) Full House, which is comprised of two cards of one value (a pair) and three cards of another value (three-of-a-kind). One or two jokers may be used to complete the hand configuration.

(vii) Flush, which is comprised of five cards all of the same suit. One or two jokers may be used to complete the hand configuration.

(viii) Straight, which is comprised of five cards of consecutive rank, regardless of suit. One or two jokers may be used to complete the hand configuration.

(ix) All same color, which is comprised of all five cards being red or all five cards being black. One or two jokers may be used to complete the hand configuration.

This section cited in 58 Pa. Code § 691.1 (relating to Five Card Roulette table; physical characteristics); and 58 Pa. Code § 691.8 (relating to procedure for completion of each round of play).

58 Pa. Code § 691.6 Procedure for dealing the cards from a manual dealing shoe.

(a) If a manual dealing shoe is used, the dealing shoe must be located on the table in a location approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment). Once the procedures required under § 691.4 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe either by the dealer or by an automated card shuffling device.

(b) Prior to dealing any cards, the dealer shall announce ‘‘no more bets.’’

(c) Each card shall be removed from the dealing shoe with the hand of the dealer that is the closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand.

(d) The dealer shall begin by burning one card, before dealing the next five cards, one at a time, face down to the designated location for community cards on the layout.

(e) After the five community cards have been dealt, the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (f), place the stub in the discard rack without exposing the cards.

(f) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 54 cards are present, is not being used, the dealer shall count the stub at least once every five rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

(g) If the count of the stub indicates that 54 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

(h) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt, but 54 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

This section cited in 58 Pa. Code § 691.4 (relating to shuffle and cut of the cards); and 58 Pa. Code § 691.8 (relating to procedure for completion of each round of play).

58 Pa. Code § 691.7 Procedure for dealing the cards from the hand.

(a) If the cards are dealt from the dealer’s hand, the following requirements shall be observed:

(1) An automated shuffling device shall be used to shuffle the cards.

(2) After the procedures required under § 691.4 (relating to shuffle and cut of the cards) have been completed, the dealer shall place the stacked deck of cards in either hand. After the dealer has chosen the hand in which to hold the cards, the dealer shall continue to use that hand whenever holding the cards during that round of play. The cards held by the dealer shall be kept over the table inventory container and in front of the dealer at all times.

(3) Prior to dealing any cards, the dealer shall announce ‘‘no more bets.’’

(b) The dealer shall deal each card by holding the deck of cards in the chosen hand and use the other hand to remove the top card of the deck and place it face down on the appropriate area of the layout. The dealer shall begin by burning one card before dealing the next five cards, one at a time, face down to the designated location for community cards on the layout.

(c) After the five community cards have been dealt, the dealer shall remove the stub from their hand, except as provided in subsection (d), and place the stub in the discard rack without exposing the cards.

(d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 54 cards are present, is not being used, the dealer shall count the stub at least once every five rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

(e) If the count of the stub indicates that 54 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

(f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt, but 54 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

This section cited in 58 Pa. Code § 691.4 (relating to shuffle and cut of the cards); and 58 Pa. Code § 691.8 (relating to procedure for completion of each round of play).

58 Pa. Code § 691.8 Procedure for completion of each round of play.

(a) After the dealing procedures required under § 691.6 or § 691.7 (relating to procedure for dealing the cards from a manual dealing shoe; and procedure for dealing the cards from the hand) have been completed, the following must occur:

(1) The dealer shall turn the first community card face up.

(2) Immediately after the first community card is revealed, the dealer shall, starting with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction, settle the players’ Ante wagers and any Two—Six wager, Seven—Jack wager, Queen-King wager, Ace wager or Joker wager by collecting all losing wagers and paying all winning wagers as provided in § 691.9 (relating to payout odds). A Community Card bet placed in accordance with § 691.5(c)(6) (relating to wagers) shall remain on the table.

(3) Following the settlement of wagers under paragraph (2), players may place an Ante wager, Two—Six wager, Seven—Jack wager, Queen-King wager, Ace wager or Joker wager consistent with § 691.5(b) and (c)(5) regarding the outcome of the second community card.

(4) The dealer shall announce ‘‘no more bets.’’

(5) Following the announcement of ‘‘no more bets,’’ the dealer shall turn the second community card face up.

(6) Immediately after the second community card is revealed, the dealer shall, starting with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction, settle the players’ Ante wagers and any Two—Six wager, Seven—Jack wager, Queen-King wager, Ace wager or Joker wager by collecting all losing wagers and paying all winning wagers as provided in § 691.9. A Community Card bet placed in accordance with § 691.5(c)(6) shall remain on the table.

(7) Following the settlement of wagers under paragraph (6), players may place an Ante wager, Two—Six wager, Seven—Jack wager, Queen-King wager, Ace wager or Joker wager consistent with § 691.5(b) and (c)(5) regarding the outcome of the third community card.

(8) The dealer shall announce ‘‘no more bets.’’

(9) Following the announcement of ‘‘no more bets,’’ the dealer shall turn the third community card face up.

(10) Immediately after the third community card is revealed, the dealer shall, starting with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction, settle the players’ Ante wagers and any Two—Six wager, Seven—Jack wager, Queen-King wager, Ace wager or Joker wager by collecting all losing wagers and paying all winning wagers as provided in § 691.9. A Community Card bet placed in accordance with § 691.5(c)(6) shall remain on the table.

(11) Following the settlement of wagers under paragraph (10), the dealer shall turn the fourth and fifth community cards face up.

(12) Immediately after the final community cards are revealed, the dealer shall, starting with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction, settle the players’ Community Cards bets by collecting all losing wagers and paying all winning wagers as provided in § 691.9(c).

(b) The community cards shall be removed from the table and placed in the discard rack with the stub.

(c) Players and spectators may not handle, remove or alter any cards used to play Five Card Roulette.

(d) Cards shall be reshuffled consistent with § 691.4 (relating to shuffle and cut of the cards) prior to the commencement of a subsequent round of Five Card Roulette commencing.

58 Pa. Code § 691.9 Payout odds.

(a) A certificate holder shall pay each winning Ante wager at odds of 1 to 1.

(b) A certificate holder shall pay each winning optional wager as follows:

(c) A certificate holder shall pay each winning Community Card wager at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions):

This section cited in 58 Pa. Code § 691.5 (relating to wagers); and 58 Pa. Code § 691.8 (relating to procedure for completion of each round of play).

58 Pa. Code § 691.10 Irregularities.

(a) A card that is found face up in the shoe or the deck while the cards are being dealt may not be used in that round of play and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

(b) A card drawn in error without its face being exposed shall be used as though it were the next card from the shoe or the deck.

(c) If an incorrect number of cards is dealt, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

(d) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle or fails to complete a shuffle cycle, the cards shall be reshuffled.

(e) If an automated card shuffling device malfunctions and cannot be used, the automated card shuffling device shall be covered or have a sign indicating that the automated card shuffling device is out of order placed on the device before any other method of shuffling or dealing may be utilized at that table.

Chapter 692 Double Down Madness—Temporary Regulations

58 Pa. Code § 692.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Blackjack—An ace and any card having a value of 10 dealt as the initial two cards to a player or the dealer. Card reader device—A device that permits the dealer to determine if the hole card will give the dealer a Blackjack. Hard total—The total point count of a hand which contains no aces or which contains aces that are each counted as 1 in value. Hit—Draw an additional card. Hole card—The card dealt face down to the dealer. Soft total—The total point count of a hand containing an ace when the ace is counted as 11 in value.

The temporary provisions of this § 692.1 amended under 4 Pa.C.S. § § 1202(b)(30), 13A02(1) and (2) and 13A03.

The temporary provisions of this § 692.1 amended April 24, 2026, effective April 25, 2026, 56 Pa.B. 2244. Immediately preceding text appears at serial page (422897).

58 Pa. Code § 692.2 Double Down Madness table; card reader device; physical characteristics; inspection.

(a) Double Down Madness shall be played at a table having betting positions for no more than seven players on one side of the table and place for the dealer on the opposite side of the table.

(b) The layout for Double Down Madness table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum, the following:

(1) The name or logo of the certificate holder.

(2) A separate betting area designated for the placement of the Double Down Madness Blackjack wager for each player.

(3) The following inscriptions:

(i) Suited Blackjack pays 2 to 1 or 3 to 2, depending upon the paytable selected by the certificate holder under § 692.10(b) (relating to payout odds).

(ii) Non-suited Blackjack pays 3 to 2.

(iii) Insurance pays 2 to 1.

(iv) Dealer shall draw to hard 17 and stand on all 18s, or other similar language approved by the Executive Director in accordance with § 601a.10(a).

(v) Double Down Madness Blackjack wagers will push if the dealer’s hand has a total point count of 22, or other similar language.

(vi) Surrender is not available on a Double Down Madness table or other similar language. If the language is not inscribed on the layout, a sign specifying that surrender is not available shall be posted at each Double Down Madness table.

(vii) Splitting is not available on a Double Down Madness table or other similar language. If the language is not inscribed on the layout, a sign specifying that splitting is not available shall be posted at each Double Down Madness table.

(4) If the certificate holder offers the Push 22 wager, a separate area designated for the placement of the wager for each player.

(5) Inscriptions that advise patrons of the payout odds or amounts for all permissible wagers offered by the certificate holder. If the payout odds or amounts are not inscribed on the layout, a sign identifying the payout odds or amounts for all permissible wagers shall be posted at each Double Down Madness table.

(c) Each Double Down Madness table must have a drop box and a tip box attached on the same side of the table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). The Bureau of Casino Compliance may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite side of, the dealer.

(d) Each Double Down Madness table must have a card reader device attached to the top of the dealer’s side of the table. The floorperson assigned to the Double Down Madness table shall inspect the card reader device at the beginning of each gaming day to ensure that there has been no tampering with the device and that it is in proper working order.

(e) Each Double Down Madness table must have a discard rack securely attached to the top of the dealer’s side of the table. The height of each discard rack must meet one of the following requirements:

(1) Equal the height of the cards, stacked one on top of the other, in the total number of decks that are to be used in the dealing shoe at that table.

(2) Be taller than the height of the total number of decks being used if the discard rack has a distinct and clearly visible mark on its side to show the exact height for a stack of cards equal to the total number of cards in the number of decks to be used in the dealing shoe at that table.

58 Pa. Code § 692.3 Cards; number of decks; value of the cards.

(a) Except as provided in subsection (b), Double Down Madness shall be played with six or eight deck shoes of cards that are identical in appearance and at least one cover card.

(b) If an automated card shuffling device is utilized, other than a continuous shuffler, Double Down Madness shall be played with at least two shoes of cards in accordance with all of the following requirements:

(1) The cards shall be separated into two batches with an equal number of decks included in each batch.

(2) The cards in each batch must be of the same design but the backs of the cards in one batch must be of a different color than the cards in the other batch.

(3) One batch of cards shall be shuffled and stored in the automated card shuffling device while the other batch is being used to play the game.

(4) Both batches of cards shall be continuously alternated in and out of play, with each batch being used for every other dealing shoe.

(5) The cards from only one batch shall be placed in the discard rack at any given time.

(c) The decks of cards opened for use at a Double Down Madness table shall be changed at least once every 24 hours.

(d) The value of the cards shall be as follows:

(1) A card from two to ten shall have its face value.

(2) A jack, queen or king shall have a value of 10.

(3) An ace shall have a value of 11 unless that value would give a player or the dealer a score in excess of 21, in which case the ace shall have a value of 1.

58 Pa. Code § 692.4 Opening of the table for gaming.

(a) After receiving one or more decks of cards at the table, the dealer shall inspect the cards for any defects. The floorperson assigned to the table shall verify the inspection.

(b) After the cards are inspected, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread in horizontal fan shaped columns by deck according to suit and in sequence.

(c) After the first player arriving at the table has been afforded an opportunity to visually inspect the cards, the cards shall be turned face side down on the table, mixed thoroughly by a washing of the cards and stacked. Once the cards have been stacked, the cards shall be shuffled in accordance with § 692.5 (relating to shuffle and cut of the cards).

(d) If an automated shuffling device is utilized, other than a continuous shuffler, all the decks in one batch of cards shall be spread for inspection, mixed, stacked and shuffled in accordance with subsections (a)—(c) separate from the decks in the other batch of cards.

(e) If the decks of cards received at the table are preinspected and preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), subsections (a)—(d) do not apply.

58 Pa. Code § 692.5 Shuffle and cut of the cards.

(a) Immediately prior to commencement of play, unless the cards were preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), after each shoe of cards is dealt or when directed by a floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack. The certificate holder may use an automated card shuffling device which, upon completion of shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

(b) After the cards have been shuffled and stacked, the dealer shall offer the stack of cards to be cut, with the backs facing away from the dealer, to the player determined under subsection (c). If no player accepts the cut, the dealer shall cut the cards.

(c) The cut of cards shall be offered to the players in the following order:

(1) The first player to arrive at the table, if the game is just beginning.

(2) The player on whose betting area the cover card appeared during the last round of play.

(3) If the cover card appeared on the dealer’s hand during the last round of play, the player at the farthest position to the right of the dealer. If this player refuses, the offer to cut the cards shall rotate to each player in a counterclockwise manner.

(4) If the reshuffle was initiated at the direction of the floorperson or above, the player at the farthest position to the right of the dealer. If this player refuses, the offer to cut the cards shall rotate to each player in a counterclockwise manner.

(d) The player or dealer making the cut shall place the cover card in the stack at least 10 cards from the top or bottom or the stack. Once the cover card has been inserted, the dealer shall take all cards on top of the cover card and place them on the bottom of the stack. The dealer shall then insert the cover card in the stack at a position at least 1/4 of the way in from the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.

(e) After the cards have been cut and before the cards have been placed in the dealing shoe, a floorperson or above may require the cards to be recut if the floorperson determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game. If a recut is required, the cards shall be recut either by the player who last cut the cards or by the next person entitled to cut the cards, as determined under subsection (c). The stack of cards shall then be inserted into the dealing shoe for commencement of play.

(f) A reshuffle of the cards in the shoe shall take place after the cover card is reached in the shoe, as provided in § 692.7(d) (relating to procedure for dealing the cards; completion of each round of play), except that a floorperson may determine that the cards should be reshuffled after any round of play.

(g) If there is no gaming activity at a Double Down Madness table which is open for gaming, the cards shall be removed from the dealing shoe and the discard rack and spread out on the table face down unless a player requests that the cards be spread face up on the table. After the first player to arrive at the table is afforded an opportunity to visually inspect the cards, the cards shall be:

(1) Mixed thoroughly by a washing of the cards, stacked then shuffled and cut in accordance with this section if there is no automated shuffling device in use.

(2) Stacked and placed into the automated shuffling device to be shuffled if an automated shuffling device is in use. The batch of cards already in the shuffler shall then be removed. Unless a player requests otherwise, the batch of cards removed from the shuffler does not need to be spread for inspection and reshuffled prior to being dealt provided that the automated card shuffling device stores a single batch of shuffled cards inside the shuffler in a secure manner.

(h) A certificate holder may utilize a dealing shoe or other device that automatically reshuffles and counts the cards provided that the device is submitted to the Bureau of Gaming Laboratory Operations and approved in accordance with § 461a.4 (relating to submission for testing and approval) prior to its use in the licensed facility. If a certificate holder is utilizing the approved device, subsections (b)—(g) do not apply.

This section cited in 58 Pa. Code § 692.4 (relating to opening of the table for gaming); 58 Pa. Code § 692.6 (relating to wagers); 58 Pa. Code § 692.7 (relating to procedure for dealing the cards; completion of each round of play); and 58 Pa. Code § 692.11 (relating to irregularities).

58 Pa. Code § 692.6 Wagers.

(a) Wagers in Double Down Madness shall be made by placing value chips, plaques or other Board-approved table game wagering instruments on the appropriate areas of the Double Down Madness layout.

(b) After the cards have been shuffled as required under § 692.5 (relating to shuffle and cut of the cards), a certificate holder may prohibit a patron, whether seated at the gaming table or not, who does not make a wager on a given round of play from placing a wager on the next round of play and any subsequent round of play at that gaming table until one of the following occurs:

(1) The certificate holder chooses to permit the player to begin wagering again.

(2) A reshuffle of the cards has occurred.

(c) All wagers, except an Insurance wager under § 692.8 (relating to Insurance wager) or a wager to double down under § 692.9 (relating to double down), shall be placed prior to the first card being dealt for each round of play. A player may not handle, remove or alter any wagers that have been made until a decision has been rendered and implemented with respect to that wager.

(d) A player shall place a Double Down Madness Blackjack wager to participate in a round of play and compete against the dealer’s hand.

(e) If specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), a certificate holder may offer to each player who placed a Double Down Madness Blackjack wager in accordance with subsection (d) the option of placing a Push 22 wager which shall win if the dealer’s hand has a total point count of 22.

(f) The certificate holder shall specify in its Rules Submissions under § 601a.2 the number of adjacent boxes on which a player may place a Double Down Madness Blackjack wager in one round of play.

58 Pa. Code § 692.7 Procedure for dealing the cards; completion of each round of play.

(a) Cards shall be dealt from a dealing shoe which must be located on the table in a location approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment). Once the procedures under § 692.5 (relating to shuffle and cut of the cards) have been completed, the stacked cards shall be placed in the dealing shoe by the dealer or by an automated card shuffling device.

(b) Each card shall be removed from the dealing shoe with the hand of the dealer that is closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand. The dealer may deal cards to the two betting positions closest to the dealing shoe with the same hand.

(c) After each full batch of cards is placed in the shoe, the dealer shall remove the first card and place it in the discard rack. Each new dealer who comes to the table shall also remove one card and place it in the discard rack before dealing cards to the players.

(d) If the cover card appears as the first card in the dealing shoe at the beginning of a round of play or appears during play, the cover card shall be removed and placed to the side and the hand will be completed. The dealer shall then complete the following actions:

(1) Collect and reshuffle the cards by removing the cards remaining in the shoe and placing them in the discard rack to ensure that no cards are missing.

(2) Shuffle the cards so that they are randomly intermixed.

(e) After all Double Down Madness Blackjack and Push 22 wagers have been placed, the dealer shall deal the cards as follows:

(1) One card face down to the dealer.

(2) One card face up to each box on the layout in which a Double Down Madness Blackjack wager is contained, starting with the player farthest to the dealer’s left and continuing in a clockwise manner.

(3) A second card face up to the dealer.

(f) Immediately after the second card is dealt to the dealer, if the dealer’s face up card is an ace, the dealer shall offer the Insurance wager in accordance with § 692.8 (relating to Insurance wager).

(g) If the dealer’s face up card is an ace or a 10 value card, after the procedures in subsection (f) have been completed, if applicable, the dealer shall determine whether the hole card will give the dealer a Blackjack. The dealer shall insert the hole card into the card reader device by moving the card face down on the layout without exposing it to anyone at the table, including the dealer. If the dealer has a Blackjack, additional cards may not be dealt. The following shall then occur:

(1) The dealer collects the player’s Double Down Madness Blackjack wager and Push 22 wager, if applicable.

(2) The dealer shall pay out any Insurance wager, if applicable.

(h) If the dealer’s face up card was not an ace or 10 value card, or if the dealer’s hole card did not give the dealer Blackjack, the dealer shall start with the player farthest to the dealer’s left and continue around the table in a clockwise direction and allow each player to indicate their play decision to receive their second card as follows:

(1) If the player’s initial card is not an ace, player may do any of the following:

(i) Hit and receive their second card.

(ii) Double down in accordance with § 692.9 (relating to double down) and receive their second card.

(2) If the player’s initial card is an ace, the player will only receive the second card, and no additional cards. The player may do any of the following:

(i) Hit and receive their final card.

(ii) Double down in accordance with § 692.9 and receive their final card.

(i) If upon dealing a second card to a player, the player has Blackjack, the dealer shall announce and pay the Blackjack in accordance with § 692.10(b) (relating to payout odds) and remove the player’s cards. If a player also placed a Push 22 wager, the dealer shall tuck the player’s cards under the player’s Push 22 wager until it is resolved in accordance with subsection (p).

(j) If a player does not have Blackjack and is not prohibited from additional cards under subsection (l)(2), a player shall indicate whether they wish to stand, hit or double down as permitted under § 692.9. Players may not split pairs or surrender in Double Down Madness.

(k) As each player indicates their decision, the dealer shall deal face upwards whatever additional cards are necessary to effectuate the player’s decision.

(l) A player may elect to draw additional cards whenever their point count total is less than 21, except in the following circumstances:

(1) A player having a hard or soft total of 21 may not draw additional cards.

(2) A player whose initial card was an ace may only hit or double down in accordance with § 692.9 to receive their second/final card.

(m) After the decisions of each player have been implemented and all additional cards have been dealt, the dealer shall turn the hole card facing up.

(n) Except as provided in subsection (o), the dealer shall draw additional cards until the dealer’s hand has a hard total of 17 or more. The dealer hits on soft 17. Any additional cards required to be dealt to the hand of the dealer shall be dealt face up. The dealer shall announce the dealer’s total point count after each additional card is dealt.

(o) If there are no Push 22 wagers on the table, a dealer may not draw additional cards to their hand, regardless of the point count, if the decisions have been made on all players’ hands and the point count of the dealer’s hand will not have an effect on the outcome of the round of play. If there are Push 22 wagers still on the table and all players’ hands are in excess of 21 or have Blackjack, the dealer shall draw additional cards to settle the Push 22 wager.

(p) After all additional cards have been drawn, if the total point count of the dealer’s hand:

(1) Is a 22, the dealer shall return all remaining players’ Double Down Madness Blackjack wagers, including any Double Down wagers as provided in § 692.9, and pay out any Push 22 wagers in accordance with § 692.10(d).

(2) Is not a 22, the dealer shall collect any Push 22 wagers and settle the players’ Double Down Madness Blackjack wagers in accordance with subsections (q)—(s).

(q) A player shall win and be paid in accordance with § 692.10(a) for a Double Down Madness Blackjack wager and an equivalent amount for each Double Down wager, if applicable, if the following occur:

(1) The total point count of the player’s hand is 21 or less and the total point count of the dealer’s hand is in excess of 21 provided that if the total point count of the dealer’s hand is 22, the Double Down Madness wager and any Double Down wagers, if applicable, shall be returned to the player.

(2) The total point count of the player’s hand exceeds the total point count of the dealer’s hand without exceeding 21.

(r) A Double Down Madness Blackjack wager shall tie and be returned, along with any Double Down wagers, if applicable, to the player if the total point count of the player’s hand is the same as the total point count of the dealer’s hand.

(s) A player’s Double Down Madness Blackjack wager shall lose if:

(1) The total point count of the dealer’s hand is 21 or less and the total point count of the player’s hand is in excess of 21.

(2) The total point count of the dealer’s hand exceeds the total point count of the player’s hand without exceeding 21.

(t) The dealer shall collect all losing wagers and pay off all winning wagers in accordance with one of the following procedures designated in the certificate holder’s Rules Submission under § 601a.2 (relating to table games Rules Submissions):

(1) Collect all losing wagers beginning with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction and then pay off all winning wagers.

(2) Collect each player’s losing wagers and pay off each player’s winning wagers beginning with the player farthest to the dealer’s right and continuing around the table in a counterclockwise direction. The dealer shall place losing wagers directly into the table inventory and may not pay off winning wagers by using value chips collected from a losing wager.

(u) After all wagers have been settled, the dealer shall remove the remaining cards from the table and place them in the discard rack in a manner that permits the reconstruction of each hand in the event of a question or dispute.

(v) Players and spectators may not handle, remove or alter any cards used to play Double Down Madness.

This section cited in 58 Pa. Code § 692.5 (relating to shuffle and cut of the cards); and 58 Pa. Code § 692.9 (relating to double down).

58 Pa. Code § 692.8 Insurance wager.

(a) If the card dealt face up to the dealer is an ace, each player may make an Insurance wager which shall win if the dealer’s hole card is a king, queen, jack or ten.

(b) An Insurance wager may be made by placing a value chip on the insurance line on the layout in an amount not more than 1/2 of the player’s initial Double Down Madness Blackjack wager. A player may wager an amount in excess of the 1/2 of the initial Double Down Madness Blackjack wager to the next unit that can be wagered in chips, when, because of the limitation of the value of chip demonetizations, 1/2 of the initial Double Down Madness Blackjack wager cannot be bet. Insurance wagers shall be placed prior to the dealer inserting their hole card into the card reader device.

(c) Winning Insurance wagers shall be paid in accordance with the payout odds in § 692.10(c) (relating to payout odds).

(d) Losing Insurance wagers shall be collected by the dealer immediately after the dealer inserts their hole card into the card reader device and determines that the dealer does not have Blackjack and before the dealer draws any additional cards.

This section cited in 58 Pa. Code § 692.6 (relating to wagers); and 58 Pa. Code § 692.7 (relating to procedure for dealing the cards; completion of each round of play).

58 Pa. Code § 692.9 Double down.

(a) Except when the dealer has blackjack, a player may elect to double down on the first card dealt to the player, or on the initial or previous wagers, regardless of the total point count.

(b) Upon a player’s election to double down, the player places an additional wager which may not exceed the player’s current wager amount, and the dealer shall deal an additional card face up and place it sideways on the layout.

(c) A player has the option to elect to double down on the previous card until the player decides to stand, achieves a point count of 21 or goes over a point count of 21 and loses.

(d) If a player’s first card is an ace, the player may only double down once, in accordance with § 692.7(l)(2) (relating to procedure for dealing the cards; completion of each round of play).

(e) The dealer shall then complete the procedures in § 692.7(h)—(u).

This section cited in 58 Pa. Code § 692.6 (relating to wagers); and 58 Pa. Code § 692.7 (relating to procedure for dealing the cards; completion of each round of play).

58 Pa. Code § 692.10 Payout odds.

(a) The certificate holder shall pay each winning Double Down Madness Blackjack wager and any Double Down wagers at the odds of 1 to 1.

(b) Notwithstanding subsection (a), the certificate holder shall pay a player Blackjack at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions):

(c) The certificate holder shall pay out winning Insurance wagers at the odds of 2 to 1.

(d) The certificate holder shall pay out a winning Push 22 wager based on the dealer’s hand at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2:

This section cited in 58 Pa. Code § 692.2 (relating to Double Down Madness table; card reader device; physical characteristics; inspection); 58 Pa. Code § 692.7 (relating to procedure for dealing the cards; completion of each round of play); and 58 Pa. Code § 692.8 (relating to Insurance wager).

58 Pa. Code § 692.11 Irregularities.

(a) A card found face up in the shoe may not be used in that round of play and shall be placed in the discard rack or in a segregated area of the double shoe.

(b) A card drawn in error without its face being exposed shall be used as though it were the next card from the shoe.

(c) After the initial card has been dealt to each player, the card shall be dealt to the players or dealer as though it were the next card from the shoe. Any player refusing to accept the card may not have any additional cards dealt to the player during the round. If the card is refused by the players and the dealer cannot use the card, the card shall be placed in the discard rack.

(d) If the dealer has 18 and accidentally draws a card for himself, the card shall be placed in the discard rack.

(e) If the dealer misses dealing the dealer’s first or second card to himself, the dealer shall continue dealing the first card to each player and then deal the appropriate number of cards to the dealer.

(f) If there are insufficient cards remaining in the shoe to complete a round of play, all of the cards in the discard rack shall be shuffled and cut according to the procedures in § 692.5 (relating to shuffle and cut of the cards). The first card shall be drawn face down and placed in the discard rack and the dealer shall complete the round of play.

(g) If no cards are dealt to a player’s hand, the hand is dead and the player shall be included in the next deal.

(h) If the dealer fails to deal an additional card to a player who has requested a card, then, at the player’s option, the dealer shall either deal the additional card after all other players have received their additional cards but prior to the dealer revealing the hole card or call the player’s hand dead and return the player’s original Double Down Madness Blackjack wager and any Double Down wagers, if applicable.

(i) If the dealer inserts the hole card into a card reader device when the value of the dealer’s first card is not an ace, king, queen, jack or ten, the dealer, after notification to a floorperson or above, shall continue play.

(j) If a card reader device malfunctions, the dealer may not continue dealing the game of Double Down Madness at that table until the card reader device is repaired or replaced.

(k) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle or fails to complete a shuffle cycle, the cards shall be reshuffled.

(l) If an automated shuffling device malfunctions and cannot be used, the device must be covered or have a sign indicating that it is out of order placed on the device before any other method of shuffling may be utilized at that table.

Chapter 693 Adventures Beyond Wonderland—Temporary Regulations

58 Pa. Code § 693.1 Adventures Beyond Wonderland layout; physical characteristics.

(a) Adventures Beyond Wonderland gaming shall be conducted at a circular wheel at least 5 feet in diameter. The rim of the wheel must be divided into 54 equally spaced sections with 21 sections containing the number 1, 15 sections containing the number 2, 5 sections containing the number 5, 4 sections containing the number 10, 2 sections containing the Magic Dice bonus game symbol, 3 sections containing the 2 Wonderspins bonus game symbol, 1 section containing the 5 Wonderspins bonus game symbol, 1 section containing the 2 Walterspins bonus game symbol and 2 sections containing the Mystery bonus game symbol.

(b) The sections required under subsection (a) must be arranged clockwise around the rim of the wheel in the following order: Magic Dice, 1, 5, 2, 1, 2 Wonderspins, 1, 2, 1, 5, 1, 10, 5 Wonderspins, 2, 5, 1, 2, 1, 2, 5, 1, Magic Dice, 1, 2, 10, 2 Walterspins, 2, 1, 2, 1, 2 Wonderspins, 1, 2, 10, 1, 2, 1, Mystery, 1, 5, 1, 2, 1, 2, 2 Wonderspins, 1, 2, 1, 2, Mystery, 1, 2, 10, 1.

(c) Each section of the wheel must also display the base payout odds in § 693.4 (relating to payout odds) for the wager, except when the following occur:

(1) The final payout odds for each wager may be increased based upon the results of the Boost multiplier as outlined under § 693.3 (relating to Boost multiplier).

(2) The final payout odds for any bonus game shall be established during the play of the bonus game as outlined in § § 693.5—693.8.

(d) The sections containing bonus game symbols trigger a subsequent bonus game.

(e) The wheel must contain a clapper capable of selecting a particular section of the wheel upon the conclusion of the spin.

(f) Each Adventures Beyond Wonderland table must have a drop box and tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment).

(g) The layout for an Adventures Beyond Wonderland table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) and contain the following, at a minimum:

(1) The name or logo of the certificate holder.

(2) Specific betting areas for the placement of wagers, including spaces for 1, 2, 5, 10, Magic Dice bonus game, 2 Wonderspins bonus game, 5 Wonderspins bonus game and 2 Walterspins bonus game.

(3) The payout odds for each of the permissible wagers.

(4) The minimum or maximum wagers, or both, that may be placed and the maximum payout limit per round, if applicable.

58 Pa. Code § 693.2 Wagers and rotation of the wheel.

(a) Prior to the spinning of the Adventures Beyond Wonderland wheel, the dealer shall announce ‘‘no more bets.’’

(b) The Adventures Beyond Wonderland wheel shall be spun by the dealer in either direction and must complete at least three revolutions to constitute a valid spin.

(c) A wager shall be settled in accordance with the wager’s position on the layout when the clapper comes to rest in a section of the wheel.

(d) If the clapper comes to rest between two numbers or symbols upon completion of the spin of the wheel, the spin shall be void and the dealer shall respin the wheel.

(e) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with 1, 2, 5 or 10, the dealer shall first collect all losing wagers and then pay off all winning wagers in accordance with § 693.4 (relating to payout odds).

(f) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with a Magic Dice bonus game symbol, a 2 Wonderspins bonus game symbol, a 5 Wonderspins bonus game symbol, a 2 Walterspins bonus game symbol or the Mystery bonus game symbol, the dealer shall first collect all losing wagers. The dealer shall then proceed to play the winning bonus game to determine the payout odds and pay off all winning wagers.

This section cited in 58 Pa. Code § 693.3 (relating to boost multiplier).

58 Pa. Code § 693.3 Boost multiplier.

(a) The Boost multiplier shall be a random number generator that shall determine what, if any, multiplier shall be applied to one of the numbered wager options—1, 2, 5 or 10.

(b) The Boost multiplier shall be run during each round of Adventures Beyond Wonderland. The Boost multiplier shall begin concurrently with the spinning of the Adventures Beyond Wonderland wheel under § 693.2(b) (relating to wagers and rotation of the wheel).

(c) If the random number generator selects a numbered wager to boost, the following apply:

(1) The 1 wager may be multiplied by 2x, 4x or 5x.

(2) The 2 wager may be multiplied by 2x, 3x, 4x, 5x or 8x.

(3) The 5 wager may be multiplied by 5x, 6x, 8x or 10x.

(4) The 10 wager may be multiplied by 2x, 3x, 4x, 5x or 8x.

(d) The Boost multiplier shall not apply to bonus games.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); and 58 Pa. Code § 693.8 (relating to Mystery).

58 Pa. Code § 693.4 Payout odds.

(a) A certificate holder shall pay out winning Adventures Beyond Wonderland wagers at no less than the odds in the following paytable:

(b) If, upon completion of the spin, the wheel comes to rest on a bonus game section of the wheel, the bonus game shall be played to determine the winning wager payout odds in accordance with § § 693.5—693.8.

(c) Adventures Beyond Wonderland’s potential maximum payout odds shall be capped at 5,000 to 1.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); and 58 Pa. Code § 693.2 (relating to wagers and rotation of the wheel).

58 Pa. Code § 693.5 Magic Dice.

(a) Magic Dice is a bonus game in which the results of dice along with a random number generation determine the payout odds.

(b) Magic Dice shall be comprised of two dice of different colors, a mechanical dice shaker and a random number generator.

(c) At the beginning of the Magic Dice bonus game, a countdown timer shall begin, indicating the time a player has left to select one of the two dice colors. If the player does not make a selection before the time elapses, one of the dice will be automatically selected at random. The color selected shall be the player’s die for the entire Magic Dice bonus game.

(d) After player dice selection has completed, the random number generator shall run to determine potential outcomes.

(1) The resulting potential outcomes shall be displayed in a grid consisting of four rows and six columns.

(i) The four rows represent the four potential rounds of dice shakes.

(ii) The six columns represent each of the six potential dice outcomes.

(iii) Each cell in the grid represents the potential bonus game outcome for a single side of the dice in each of the four potential rounds of dice shaking.

(2) The potential outcomes are as follows:

(i) 2x multiplier and Move Up.

(ii) Move Up.

(iii) Multiplier.

(e) The dealer shall activate the automatic dice shaker to cause a random mixture of the dice. If both dice do not land flat on the bottom of the shaker after being tossed, the dealer shall call ‘‘no roll’’ and reactivate the shaker and reroll the dice.

(f) When the dice comes to rest, the upward face of the player’s selected die shall determine the outcome for the dice roll round by comparing the die to the grid outlined in subsection (d).

(g) The 2x multiplier and Move Up shall:

(1) Only appear in the first round of dice rolls.

(2) Apply a 2x multiplier to all multipliers shown in the grid, regardless of which dice triggers the multiplier.

(3) Move the player to the second round of dice rolls.

(h) The Move Up shall move the player whose die resulted in the Move Up to participate in the next round of dice roll.

(i) A multiplier outcome shall be the player’s Magic Dice payout. For example, if the player’s die selection results in a 10x multiplier, then the player’s Magic Dice wager shall be paid at 9 to 1.

(j) Once a player’s die results in a multiplier outcome, that player’s participation in the Magic Dice game has ended. If the other die has not yet resulted in a multiplier outcome, then it shall continue with subsequent rolls.

(k) If a player’s die results in a Move Up outcome in the fourth round of dice rolls, a random number generator shall determine a winning multiplier for that player.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); and 58 Pa. Code § 693.4 (relating to payout odds).

58 Pa. Code § 693.6 Wonderspins.

(a) Wonderspins is a wheel-based bonus game composed of a random number generator-controlled inner wheel and a physical outer wheel.

(b) The inner wheel shall be divided into 12 equal sections as follows:

(1) Ten sections shall consist of multipliers 2, 5, 8 and 10.

(2) Two sections shall consist of sections which award one additional spin of the outer wheel.

(3) The inner wheel sections shall be arranged clockwise in the following order: 10, 8, 2, additional spin, 2, 5, 2, 8, 5, additional spin, 2, 5.

(c) The outer wheel shall be divided into 54 sections.

(1) Forty-six sections of the wheel shall display a character icon:

(i) Rabbit.

(ii) Cat.

(iii) Crown.

(iv) Bird.

(v) Mouse.

(vi) Hat.

(2) Three sections of the wheel shall display ‘‘No Win.’’

(3) Three sections of the wheel shall display ‘‘Drink Me.’’

(4) Two sections of the wheel shall display ‘‘Eat Me.’’

(5) The outer wheel sections shall be arranged clockwise in the following order: ‘‘No Win,’’ Crown, Crown, Crown, Hat, Hat, ‘‘Drink Me,’’ Cat, Cat, Mouse, Mouse, Mouse, ‘‘No Win,’’ Hat, Hat, Bird, Bird, Bird, ‘‘Eat Me,’’ Hat, Hat, Hat, Crown, Crown, ‘‘Drink Me,’’ Hat, Hat, Mouse, Mouse, Mouse, Rabbit, Bird, Bird, Bird, Cat, Cat, ‘‘No Win,’’ Mouse, Mouse, Hat, Hat, Hat, ‘‘Eat Me,’’ Mouse, Mouse, Mouse, Hat, Hat, ‘‘Drink Me,’’ Hat, Hat, Bird, Bird, Bird.

(6) The outer wheel must contain a clapper capable of selecting a particular section of the wheel upon the conclusion of the spin.

(d) The initial number of Wonderspins rounds and participating players is determined by the Adventures Beyond Wonderland main wheel outcome.

(1) When the Adventures Beyond Wonderland winning outcome is 2 Wonderspins, players who placed a wager on 2 Wonderspins shall be eligible to receive winnings based on the Wonderspins bonus game, which shall consist of no less than two spins of both the Wonderspins inner and outer wheel.

(2) When the Adventures Beyond Wonderland winning outcome is 5 Wonderspins, players who placed a wager on 5 Wonderspins shall be eligible to receive winnings based on the Wonderspins bonus game, which shall consist of no less than five spins of both the Wonderspins inner and outer wheel.

(e) The Wonderspins bonus game shall begin with starting multipliers being randomly assigned to the character icons of the outer wheel.

(f) A complete round of spins shall proceed as follows:

(1) A counter shall display the number of rounds of spin remaining.

(2) The random number generator controlling the inner wheel is initiated and the results are displayed.

(i) If the result of the inner wheel is a multiplier, a character is simultaneously selected. The multiplier is added to the multiplier assigned to the character under subsection (e).

(ii) If the result of the inner wheel is an additional spin, it is added to the counter of the number of rounds of spins remaining under subsection (f)(1).

(3) Following the results of the inner wheel, the dealer shall spin the outer wheel.

(i) The outer wheel shall be spun by the dealer in either direction and must complete at least three revolutions to constitute a valid spin.

(ii) If, upon the completion of the spin, the outer wheel comes to rest between two numbers or symbols upon completion of the spin of the wheel, the spin shall be void and the dealer shall respin the wheel.

(4) Upon completion of the spin of the outer wheel, the clapper will indicate the winning wheel segment.

(i) If the winning wheel segment is a character, the associated character multiplier shall be added to the overall Wonderspins outcome multiplier meter, and the spins remaining counter shall be reduced by one.

(ii) If the winning wheel segment is ‘‘No Win,’’ the spins remaining counter shall be reduced by one. No changes will be made to either the character-associated multipliers or the overall Wonderspins outcome multiplier meter.

(iii) If the winning wheel segment is ‘‘Eat Me,’’ the spins remaining counter shall add one additional spin, and all character-associated multipliers shall increase by one.

(iv) If the winning wheel segment is ‘‘Drink Me,’’ the spins remaining counter shall add one additional spin, and all character-associated multipliers shall decrease by one. No character-associated multiplier shall be less than one.

(5) The procedures of subsection (f)(1)—(4) shall repeat until zero spins remain on the counter.

(g) Once the procedures of subsection (f) have completed, players shall be awarded a payout equal to the final Wonderspins outcome multiplier meter. For example, if the overall Wonderspins outcome multiplier meter finishes at 500, then the player’s wager on the qualifying 2 Wonderspins or 5 Wonderspins segment shall be paid at odds of 500 to 1.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); 58 Pa. Code § 693.4 (relating to payout odds); and 58 Pa. Code § 693.7 (relating to Walterspins).

58 Pa. Code § 693.7 Walterspins.

(a) The Walterspins bonus game shall be a variation of the Wonderspins bonus game under § 693.6 (relating to Wonderspins). Unless otherwise provided in this section, the Walterspins bonus game shall follow the rules and procedures of the Wonderspins bonus game.

(b) The Walterspins bonus game shall begin with four bubbles being shown on the screen. Each of these bubbles represents a random selection of 1x, 2x, 3x, 4x, 5x and 10x multipliers.

(c) The player shall select one of the bubbles. If the player does not make a selection before time for selection has elapsed, then a random bubble shall be selected. The bubble shall reveal the hidden multiplier, which shall be applied to the starting multipliers of the characters on the Wonderspins wheel.

(d) Once the multiplier has been applied under subsection (c), the Walterspins bonus game shall follow the rules and procedures of the Wonderspins bonus game under § 693.6 for no less than two spins.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); and 58 Pa. Code § 693.4 (relating to payout odds).

58 Pa. Code § 693.8 Mystery.

(a) When the Adventures Beyond Wonderland wheel spin comes to rest on the Mystery wedge, a Mystery bonus game for all players shall be triggered.

(b) The Mystery bonus game round shall begin by randomly selecting between Card Soldiers Mystery Bet multiplier game and Caterpillar Mystery Free Spin multiplier game.

(c) Card Soldiers Mystery Bet multiplier game.

(1) Card Soldiers Mystery Bet multiplier game is a bonus game in which players make a selection of one of four hidden multipliers, represented by the four card suits.

(2) If a player does not make a suit selection before the time has elapsed, then a selection will be made on the player’s behalf.

(3) Prior to a player making a selection, a random number generator shall determine which of the following potential multiplier sets to apply, and which multiplier to hide behind each suit:

(i) 1x, 2x, 3x, 4x.

(ii) 1x, 3x, 4x, 7x.

(iii) 1x, 3x, 4x, 9x.

(4) Once the time period to make a suit selection has passed, the suits shall reveal the multiplier hidden beneath.

(5) The multiplier shall then be applied to all wagers the player made in the Adventures Beyond Wonderland game to determine the payout. For example, a 4x multiplier would result in all wagers the player placed being paid out at 4 to 1 odds.

(d) Caterpillar Mystery Free Spin multiplier game.

(1) Caterpillar Mystery Free Spin multiplier game is a bonus game in which a bonus spin of the Adventures Beyond Wonderland wheel determines the payout odds for wagers placed during the Adventures Beyond Wonderland bet.

(2) Prior to the Caterpillar Mystery Free Spin multiplier wheel spin, a random number generator shall determine the bonus multiplier to be applied to all Adventures Beyond Wonderland wheel segments.

(i) Each Adventures Beyond Wonderland wager option may be given a different bonus multiplier.

(ii) Each Adventures Beyond Wonderland wager option shall display the applicable payout with the bonus multiplier before the bonus spin of the wheel.

(3) The Adventures Beyond Wonderland wheel shall be spun, and the resulting winning outcome shall be paid at the enhanced mystery multiplier odds.

(4) Notwithstanding § 693.3(d) (relating to Boost multiplier), in the event that a bonus game is triggered, the bonus multiplier for the game under subparagraph (2) shall apply to all portions of the game. For example, under the Wonderspins bonus game, a Caterpillar Mystery Bonus multiplier of 3x would result in the ‘‘Eat Me’’ and ‘‘Drink Me’’ adding or subtracting 3x from all characters’ multipliers.

(5) In the event that the Caterpillar Mystery Free Spin multiplier game’s bonus spin results in a Caterpillar Mystery Free Spin multiplier game, the Mystery multipliers for each bet option shall compound. For example, if in the first round of the Caterpillar Mystery Free Spin multiplier game, the 1 wedge is awarded 5x and in the second round is awarded 10x, should 1 be the winning outcome, it would pay 50 to 1.

This section cited in 58 Pa. Code § 693.1 (relating to Adventures Beyond Wonderland layout; physical characteristics); and 58 Pa. Code § 693.4 (relating to payout odds).

Chapter 694 Mega Money Mountain—Temporary Regulations

58 Pa. Code § 694.1 Mega Money Mountain layout; physical characteristics.

(a) Mega Money Mountain gaming shall be conducted at a circular wheel at least 5 feet in diameter. The rim of the wheel must be divided into 54 equally spaced sections with 21 sections containing the number 1, 13 sections containing the number 2, 7 sections containing the number 5, 4 sections containing the number 10, 3 sections containing the Cash Flip bonus game symbol, 2 sections containing the Cash Cloud bonus game symbol, 3 sections containing the Cash Castle bonus game symbol and 1 section containing the Money Mountain bonus game symbol.

(b) The sections required under subsection (a) must be arranged clockwise around the rim of the wheel in the following order: Cash Cloud, 2, 1, 5, 1, 2, Cash Flip, 2, 1, 10, 1, 2, Cash Castle, 1, 10, 1, 2, 1, Cash Flip, 2, 1, 5, 1, 2, Cash Cloud, 1, 5, 2, 5, 1, Cash Castle, 1, 10, 1, 2, 1, Cash Flip, 5, 1, 2, 1, 5, Cash Castle, 2, 1, 5, 1, 2, Money Mountain, 1, 2, 1, 10, 1.

(c) Each section of the wheel must also display the base payout odds in § 694.4 (relating to payout odds) for the wager, except when the following occur:

(1) The final payout odds for each wager may be increased based upon the results of the Mystery multiplier as outlined under § 694.3 (relating to Mystery multiplier).

(2) The final payout odds for any bonus game shall be established during the play of the bonus game as outlined in § § 694.5—694.8.

(d) The sections containing bonus game symbols trigger a subsequent bonus game.

(e) The wheel must contain a clapper capable of selecting a particular section of the wheel upon the conclusion of the spin.

(f) Each Mega Money Mountain table must have a drop box and tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment).

(g) The layout for a Mega Money Mountain table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) and contain the following, at a minimum:

(1) The name or logo of the certificate holder.

(2) Specific betting areas for the placement of wagers, including spaces for 1, 2, 5, 10, Cash Flip bonus game, Cash Cloud bonus game, Cash Castle bonus game and Money Mountain bonus game.

(3) The payout odds for each of the permissible wagers.

(4) The minimum or maximum wagers, or both, that may be placed and the maximum payout limit per round, if applicable.

58 Pa. Code § 694.2 Wagers and rotation of the wheel.

(a) Prior to the spinning of the Mega Money Mountain wheel, all players wishing to participate shall place their bets.

(1) If Mega Money Mountain is being offered as a single player interactive game:

(i) The player shall place their wagers.

(ii) The player shall press a button to begin the wheel spin.

(iii) The player may press a button to stop the wheel spin, or if the player does not press the stop button within the time allotted by the certificate holder, the wheel shall slow and stop on its own initiative.

(2) If Mega Money Mountain is being offered with multiple players betting on the same wheel spin, the dealer shall announce ‘‘no more bets’’ prior to the spinning of the Mega Money Mountain wheel.

(b) The Mega Money Mountain wheel shall be spun in either direction and must complete at least three revolutions to constitute a valid spin.

(c) A wager shall be settled in accordance with the wager’s position on the layout when the clapper comes to rest in a section of the wheel.

(d) If the clapper comes to rest between two numbers or symbols upon completion of the spin of the wheel, the spin shall be void and the dealer shall respin the wheel.

(e) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with 1, 2, 5 or 10, the dealer shall first collect all losing wagers and then pay off all winning wagers in accordance with § 694.4 (relating to payout odds).

(f) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with a Cash Flip bonus game symbol, a Cash Cloud bonus game symbol, a Cash Castle bonus game symbol or the Money Mountain bonus game symbol, the dealer shall first collect all losing wagers. The dealer shall then proceed to play the winning bonus game to determine the payout odds and pay off all winning wagers.

This section cited in 49 Pa. Code § 694.3 (relating to mystery multiplier).

58 Pa. Code § 694.3 Mystery multiplier.

(a) The Mystery multiplier shall be a random number generator-based determination of what, if any, multiplier shall be applied to the Mega Money Mountain game.

(b) The Mystery multiplier shall be activated during each round of Mega Money Mountain. The Mystery multiplier random number generator shall be activated concurrently with the spinning of the Mega Money wheel under § 694.2(b) (relating to wagers and rotation of the wheel).

(c) The Mystery multiplier shall consist of multipliers ranging between 1x and 10x.

(d) The Mystery multiplier shall display the applicable multiplier and to which betting position it applies.

This section cited in 49 Pa. Code § 694.4 (relating to payout odds); 49 Pa. Code § 694.5 (relating to Cash Flip bonus game); 49 Pa. Code § 694.6 (relating to Cash Cloud bonus game); 49 Pa. Code § 694.7 (relating to Cash Castle bonus game); and 49 Pa. Code § 694.8 (relating to Money Mountain bonus game).

58 Pa. Code § 694.4 Payout odds.

(a) A certificate holder shall pay out winning Mega Money Mountain wagers at no less than the odds in the following paytable:

(b) If, upon completion of the spin, the wheel came to rest on a bonus game section of the wheel, the bonus game shall be played to determine the winning wager payout odds in accordance with § § 694.5—694.8.

(c) Notwithstanding subsections (a) and (b), if a Mystery multiplier was triggered in accordance with § 694.3 (relating to Mystery multiplier), then the multiplier shall be applied in calculating the winning payout odds. For example, if a Mystery multiplier results in 7x on the 5 betting position, winning bets on the 5 would be paid at odds of 35 to 1. Similarly, if a Cash Flip bonus game results in a winning payout of 10x (10 to 1) and the Mystery multiplier during the base game resulted in 7x on the Cash Flip betting position, then the winning Cash Flip wager would be settled as odds of 70 to 1.

(d) The final payout odds resulting from any bonus game for Mega Money Mountain shall not exceed 5,000 to 1.

This section cited in 49 Pa. Code § 694.1 (relating to Mega Money Mountain layout; physical characteristics); and 49 Pa. Code § 694.8 (relating to Money Mountain bonus game).

58 Pa. Code § 694.5 Cash Flip bonus game.

(a) Cash Flip is a bonus game in which the player’s selection of face-down cards will determine the payout odds.

(b) The Cash Flip bonus game consists of:

(1) Twelve face-down cards, each representing one of the four card suits.

(2) Four potential winning multipliers, each representing one of the four card suits.

(c) The Cash Flip bonus game begins with multiplier values being randomly assigned to each suit.

(d) The player shall select three face-down cards to be revealed. If the three cards are the same suit, the player wins the multiplier assigned to that suit.

(e) If the player’s initial three cards are not the same suit, the player shall select an additional card to be revealed. This single card selection shall continue until the player has revealed three cards with the same suit, which shall be the winning Cash Flip bonus game multiplier.

(f) The Cash Flip bonus game multipliers may range from 3x to 100x.

(g) If applicable, the Mystery multiplier authorized under § 694.3 (relating to Mystery multiplier) shall be multiplied by the payout odds determined in accordance with subsection (c) prior to the any cards being flipped. For example, if the Cash Flip results in 5x (5 to 1 odds) and the Mystery multiplier was 7x on the Cash Flip bonus game, then the winning payout odds for the round would be 35 to 1.

(h) If a Mystery multiplier is applied in accordance with subsection (g), the final payout odds may exceed the 100x stated in subsection (f).

This section cited in 49 Pa. Code § 694.1 (relating to Mega Money Mountain layout; physical characteristics; and 49 Pa. Code § 694.4 (relating to payout odds).

58 Pa. Code § 694.6 Cash Cloud bonus game.

(a) Cash Cloud is a pachinko-style bonus game in which a puck is dropped down a wall to determine the winning multiplier.

(b) Cash Cloud shall be conducted on a pachinko-style board, which shall be a wall consisting of multiple pegs above 11 landing spots which display potential multipliers.

(c) The Cash Cloud bonus game shall begin with the potential multipliers being generated and displayed at the bottom of the board.

(d) The multipliers generated under subsection (c) may range from 5x to 400x.

(e) Before a puck may be released, a random number generator shall be activated to determine which bonuses may be added.

(1) Monetary bonuses:

(i) Monetary bonuses are random monetary values that are added to the final payout calculation.

(ii) Up to three monetary bonus icons may be added to the Cash Cloud board.

(iii) The value of the monetary bonus shall be shown to the player at the time it is added to the Cash Cloud board.

(iv) A player may win multiple monetary bonuses in any round of Cash Cloud, so long as the puck passes through multiple monetary bonus icons before coming to rest in a landing spot.

(v) The awarding of a monetary bonus prize may result in the total winnings to a player being in excess of the 400x multiplier under subsection (d).

(2) Additional play:

(i) Additional plays are the awarding of additional rounds of the Cash Cloud bonus game.

(ii) Up to three additional rounds of play icons may be added.

(iii) Additional play bonuses are awarded prior to the player dropping the initial puck.

(iv) If a player has been awarded an additional play bonus, the additional round of Cash Cloud shall begin immediately following the resolution of the present Cash Cloud bonus game round. Successive Cash Cloud bonus game rounds shall follow until the total number of additional play rounds has been played.

(v) The total prize awarded to a player from multiple Cash Cloud rounds resulting from one or more additional play bonuses may result in the total winnings to a player being in excess of the 400x multiplier under subsection (d).

(3) Prize doubler:

(i) A Prize doubler bonus is a random bonus which shall double the final payout calculation for the Cash Cloud bonus game.

(ii) Up to three Prize doubler bonus icons may be added to the Cash Cloud board.

(iii) A player may win multiple Prize doubler bonuses in any round of Cash Cloud, so long as the puck passes through multiple Prize doubler bonus icons before coming to rest in a landing spot.

(iv) Prize doubler bonuses shall be awarded by doubling (2x) the multiplier the Cash Cloud puck landed on for each Prize doubler won by the player.

(v) The awarding of one or more Prize doubler bonus prizes may result in the total winnings to a player being in excess of the 400x multiplier under subsection (d).

(f) If applicable, the Mystery multiplier authorized under § 694.3 (relating to Mystery multiplier) shall be multiplied by the payout odds determined in accordance with subsection (c) prior to the puck being released. For example, if the Cash Cloud results in 5x (5 to 1 odds) and the Mystery multiplier was 7x on the Cash Cloud bonus game, then the winning payout odds for the round would be 35 to 1.

(g) To begin the Cash Cloud bonus game, a player must press a puck release button. The puck will then be released from a random location at the top of the Cash Cloud board. The puck shall proceed to travel through the pegs on the board and come to rest in a landing spot. The multiplier displayed in the landing spot shall constitute the winning payout odds.

(h) If a Mystery multiplier is applied in accordance with subsection (f), the final payout odds may exceed the 400x stated in subsection (d).

This section cited in 49 Pa. Code § 694.1 (relating to Mega Money Mountain layout; physical characteristics; and 49 Pa. Code § 694.4 (relating to payout odds).

58 Pa. Code § 694.7 Cash Castle bonus game.

(a) Cash Castle is a bonus game in which the player’s selection of coins, which reveal hidden tokens, determines the payout odds.

(b) The Cash Castle bonus game consists of:

(1) Twenty coins, which each hide an action token.

(2) A prize ladder, composed of 12 rungs of increasing multipliers, with the top rung representing the multiplier jackpot.

(c) Action tokens reveal an action to be taken in determining the Cash Castle bonus game outcome.

(1) Reset picks token: Resets the number of coins the player has remaining to three coin picks and the progress up the prize ladder is unaffected.

(2) Jackpot token: Automatically awards the player the jackpot and ends the game, regardless of which rung of the prize ladder the player is currently on.

(3) Climb the prize ladder token: Reveals the number of rungs of the prize ladder that the player is to climb.

(4) Do not climb token: Neither causes the player to climb or descend the prize ladder. The player’s position on the prize ladder is unchanged.

(d) The Cash Castle bonus game begins with action tokens being randomly assigned to the 20 coins and multipliers being randomly assigned to the prize ladder rungs.

(e) The player shall select three coins to reveal the action tokens beneath.

(f) The player shall continue to select coins to reveal action tokens until the player has no coin reveals remaining.

(g) The Cash Castle bonus game multipliers may range from 3x to 50x.

(h) If applicable, the Mystery multiplier authorized under § 694.3 (relating to Mystery multiplier) shall be multiplied by the payout odds represented in the prize ladder in subsection (d) prior to the any coins being flipped. For example, if the Cash Castle results in 5x (5 to 1 odds) and the mystery multiplier was 7x on the Cash Castle bonus game, then the winning payout odds for the round would be 35 to 1.

(i) If a Mystery multiplier is applied in accordance with subsection (h), the final payout odds may exceed the 50x stated in subsection (g).

This section cited in 49 Pa. Code § 694.1 (relating to Mega Money Mountain layout; physical characteristics; and 49 Pa. Code § 694.4 (relating to payout odds).

58 Pa. Code § 694.8 Money Mountain bonus game.

(a) Money Mountain is a bonus game that uses an outer wheel, an inner set of reels, a counter indicating number of spins remaining and a jackpot progress meter.

(b) The outer wheel shall:

(1) Consist of 54 segments.

(2) Consist of multipliers ranging from 2x to 500x.

(3) Randomly assign multipliers to the 54 segments.

(c) The inner set of reels shall be arranged in a three-by-three arrangement and shall display which, if any, of the multipliers from the outer wheel are being added to the final payout.

(d) The Money Mountain bonus game shall begin with the jackpot for the round being randomly set, the multipliers on the outer wheel being randomly assigned, and three spins on the remaining spin counter.

(e) The player shall begin play by pressing the button to spin the outer wheel. The outer wheel shall come to stop on a random multiplier. If applicable, the Mystery multiplier authorized under § 694.3 (relating to Mystery multiplier) shall be multiplied by the outer wheel multiplier.

(f) Upon the outer wheel coming to rest on a random multiplier, the inner set of reels shall spin, with each reel representing an independent outcome to award or not award the outer wheel multiplier.

(1) If a reel does not award the outer wheel multiplier, it is eligible to be spun with the next spin of the outer wheel, if any spins remain.

(2) If the reel does award the outer wheel multiplier:

(i) The wheel locks in the outer wheel multiplier and shall not spin for any additional outer wheel spins.

(ii) The outer wheel multiplier is added to the overall Money Mountain Jackpot award progress meter.

(iii) The number of spins remaining for the outer wheel resets to three.

(g) The player shall repeat the steps outlined under subsections (e) and (f) until there are no additional spins on the spin counter.

(h) The payout odds shall be determined by adding together the multipliers that were locked in under subsection (f)(2).

(i) If all nine reels have locked in a multiplier under subsection (f)(2), the player shall be awarded the jackpot, regardless of the total of the nine locked in multipliers.

(j) The collective payout for Money Mountain may exceed the 500x multiplier stated in subsection (b)(2) but shall not exceed 5,000 to 1 provided under § 694.4(d) (relating to payout odds).

This section cited in 49 Pa. Code § 694.1 (relating to Mega Money Mountain layout; physical characteristics; and 49 Pa. Code § 694.4 (relating to payout odds).

Chapter 695 Simple Squares—Temporary Regulations

58 Pa. Code § 695.1 Simple Squares layout; physical characteristics.

(a) Simple Squares may be offered as an interactive gaming option.

(b) The Simple Squares table shall contain, at a minimum, the following:

(1) The name or logo of the certificate holder.

(2) Specific areas designated for the placement of wagers authorized under § 695.3 (relating to wagers).

(3) The payout odds, in accordance with § 695.5 (relating to payout odds), for all permissible wagers offered by the certificate holder.

(4) A Board-approved random number generator, which visualizes outcomes with dice, as outlined in § 695.2 (relating to Simple Squares dice; number of dice).

58 Pa. Code § 695.2 Simple Squares dice; number of dice.

(a) Simple Squares shall be played with two dice.

(b) The dice utilized in Simple Squares shall conform with dice for use with the games of Sic Bo under § 603a.12 (relating to dice; physical characteristics), except for the following:

(1) The dice shall only contain faces with three spots and faces containing four spots.

(2) The spots shall be arranged so that a face containing three spots is directly opposite a face containing four spots.

This section cited in 58 Pa. Code § 695.1 (relating to Simple Squares layout; physical characteristics).

58 Pa. Code § 695.3 Wagers.

(a) Wagers at Simple Squares shall be made by placing value chips, plaques or other Board-approved table game wagering instruments on the appropriate areas of the Simple Squares layout.

(b) A player may place the following wagers in the game of Simple Squares:

(1) Simple Squares wager.

(i) If the initial roll of the dice has a total of 7, the Simple Square wager wins and will be paid in accordance with § 695.5(a)(1) (relating to payout odds).

(ii) If the initial roll of the dice was not a 7, the resulting total of 6 or 8 shall become the point.

(A) The Simple Square wager shall win if the point is rolled within the next three rolls of the dice and shall be paid in accordance with § 695.5(a)(2).

(B) The Simple Squares wager shall lose if a 7 is rolled, or if the point has not been rolled within the three rolls following the establishment of the point.

(2) The High Climber wager, which shall win based upon the running dice total before a 7 is rolled. Winning High Climber wagers shall be paid in accordance with the paytable in § 695.5(b).

(3) The Lucky Devil wager, which shall win if the three rolls of the dice following the placement of the wager result in a 6,6,6 or 8,8,8 string of rolls outcomes. Winning Lucky Devil wagers shall be paid in accordance with § 695.5(c).

This section cited in 58 Pa. Code § 695.1 (relating to Simple Squares layout; physical characteristics); 58 Pa. Code § 695.4 (relating to Simple Squares procedures and rules); and 58 Pa. Code § 695.5 (relating to payout odds).

58 Pa. Code § 695.4 Simple Squares procedures and rules.

(a) A round of Simple Squares shall begin with a player placing a Simple Squares or High Climber or Lucky Devil wager.

(b) After the initial wager is placed the random number generator will engage (the dice will roll), and the outcome will be displayed.

(c) The round will continue until all wagers have been determined to win or lose, as provided under § 695.3(b) (relating to wagers).

(d) A player may make a Simple Squares or High Climber or Lucky Devil wager that was not made during betting under subsection (a) while the player’s subsection (a) wager results remain undetermined.

(e) Following the placement of additional wagers under subsection (d), the subsequent random number generator outcome (roll of the dice) shall become the starting point from which subsection (d) wagers win/lose outcome determination shall be determined.

(f) The process for additional wagers under subsections (d) and (e) may continue at any time that a wager remains undetermined, even if the only remaining wagers undetermined are those under subsection (d).

58 Pa. Code § 695.5 Payout odds.

(a) A certificate holder shall pay winning Simple Squares wagers as follows:

(1) An initial roll of a 7 shall be paid at odds of 1 to 2.

(2) A winning Simple Squares wager under § 695.3(b)(1)(ii) (relating to wagers) shall be paid at odds of 1 to 2.

(b) A certificate holder shall pay winning High Climber wagers as follows:

(c) A certificate holder shall pay winning Lucky Devil wagers at the following odds:

This section cited in 58 Pa. Code § 695.1 (relating to Simple Squares layout; physical characteristics); and 58 Pa. Code § 695.3 (relating to wagers).

Chapter 696 Inspired Wheelspin—Temporary Regulations

58 Pa. Code § 696.1 Inspired Wheelspin layout; physical characteristics.

(a) Inspired Wheelspin gaming shall be conducted at a circular wheel at least 5 feet in diameter. The rim of the wheel must be divided into 54 equally spaced sections with 21 sections containing the number 1, 13 sections containing the number 2, 7 sections containing the number 5, 4 sections containing the number 10, 4 sections containing a symbol for Bonus Game A, 2 sections containing a symbol for Bonus Game B, 2 sections containing a symbol for Bonus Game C and 1 section containing a symbol for Bonus Game D.

(b) The sections required under subsection (a) must be arranged clockwise around the rim of the wheel in the following order: 1, 5, 1, 2, 1, Bonus Game A, 2, 10, 1, 2, 1, Bonus Game C, 2, 1, 5, 2, 1, Bonus Game A, 1, 10, 2, 5, 1, Bonus Game B, 1, 5, 1, 2, 1, Bonus Game A, 2, 1, 10, 1, 2, Bonus Game C, 1, 2, 5, 1, 2, Bonus Game A, 1, 5, 1, 10, 1, Bonus Game B, 1, 2, 5, 1, 2, Bonus Game D.

(c) Each section of the wheel must also display the base payout odds in § 696.4 (relating to payout odds) for the wager, except when the following occur:

(1) The final payout odds for each wager may be increased based upon the results of the multiplier as outlined under § 696.3 (relating to multiplier).

(2) The final payout odds for any bonus game shall be established during the play of the bonus game.

(d) The sections containing bonus game symbols trigger a subsequent bonus game.

(e) The wheel must contain a clapper capable of selecting a particular section of the wheel upon the conclusion of the spin.

(f) Each Inspired Wheelspin table must have a drop box and tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment).

(g) The layout for an Inspired Wheelspin table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) and contain the following, at a minimum:

(1) The name or logo of the certificate holder.

(2) Specific betting areas for the placement of wagers, including spaces for 1, 2, 5, 10, Bonus Game A, Bonus Game B, Bonus Game C and Bonus Game D.

(3) The payout odds for each of the permissible wagers.

(4) The minimum or maximum wagers, or both, that may be placed and the maximum payout limit per round, if applicable.

(h) Bonus Game A, Bonus Game B, Bonus Game C and Bonus Game D shall correspond with the designated bonus games under the certificate holder selected configurations available under § § 696.5—696.7 (relating to MGM Bonus City bonus games configuration; Caesars Palace bonus games configuration; and Tailgate Takeover bonus games configuration).

58 Pa. Code § 696.2 Wagers and rotation of the wheel.

(a) Prior to the spinning of the Inspired Wheelspin wheel, all players wishing to participate shall place their bets.

(1) If Inspired Wheelspin is being offered as a single-player interactive game, the following apply:

(i) The player shall place their wagers.

(ii) The player shall press a button to begin the wheel spin.

(iii) The player may press a button to stop the wheel spin, or if the player does not press the stop button within the time allotted by the certificate holder, the wheel shall slow and stop on its own initiative.

(2) If Inspired Wheelspin is being offered with multiple players betting on the same wheel spin, the dealer shall announce ‘‘no more bets’’ prior to the spinning of the wheel.

(b) The wheel shall be spun in either direction and must complete at least three revolutions to constitute a valid spin.

(c) A wager shall be settled in accordance with the wager’s position on the layout when the clapper comes to rest in a section of the wheel.

(d) If the clapper comes to rest between two numbers or symbols upon completion of the spin of the wheel, the spin shall be void and the dealer shall respin the wheel.

(e) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with 1, 2, 5 or 10, the dealer shall first collect all losing wagers and then pay off all winning wagers in accordance with § 696.4 (relating to payout odds).

(f) If, upon completion of the spin, the wheel comes to rest on a section of the wheel with a Bonus Game symbol, the dealer shall first collect all losing wagers. The dealer shall then proceed to play the winning bonus game to determine the payout odds and pay off all winning wagers.

This section cited in 58 Pa. Code § 696.3 (relating to multiplier).

58 Pa. Code § 696.3 Multiplier.

(a) The multiplier shall be a random number generator-based determination of what, if any, multiplier shall be applied to the Inspired Wheelspin game.

(b) The multiplier shall be activated during each round of Inspired Wheelspin. The multiplier random number generator shall be activated concurrently with the spinning of the Inspired Wheelspin wheel under § 696.2(b) (relating to wagers and rotation of the wheel).

(c) The multiplier shall consist of multipliers ranging between 2x and 10x.

(d) The multiplier shall display the applicable multiplier and applicable betting position.

This section cited in 58 Pa. Code § 696.1 (relating to Inspired Wheelspin layout; physical characteristics); 58 Pa. Code § 696.5 (relating to MGM Bonus City bonus games configuration); 58 Pa. Code § 696.6 (relating to Caesars Palace bonus games configuration); and 58 Pa. Code § 696.7 (relating to Tailgate Takeover bonus games configuration).

58 Pa. Code § 696.4 Payout odds.

(a) A certificate holder shall pay out winning Inspired Wheelspin wagers at no less than the odds in the following paytable:

(b) If, upon completion of the spin, the wheel comes to rest on a bonus game section of the wheel, the bonus game shall be played to determine the winning wager payout odds in accordance with the configuration selected in accordance with § § 696.5—696.7 (relating to MGM Bonus City bonus games configuration; Caesars Palace bonus games configuration; and Tailgate Takeover bonus games configuration).

This section cited in 58 Pa. Code § 696.1 (relating to Inspired Wheelspin layout; physical characteristics); 58 Pa. Code § 696.2 (relating to wagers and rotation of the wheel); and 58 Pa. Code § 696.5 (relating to MGM Bonus City bonus games configuration).

58 Pa. Code § 696.5 MGM Bonus City bonus games configuration.

(a) MGM Bonus City shall be an Inspired Wheelspin configuration in which Bonus Game A shall be the New York, New York bonus game; Bonus Game B shall be the Luxor bonus game; Bonus Game C shall be the MGM Grand bonus game; and Bonus Game D shall be the Bellagio bonus game.

(b) New York, New York bonus game.

(1) The New York, New York bonus game is a random number generator-based bonus game which uses imagery of the Las Vegas skyline to visualize the bonus game outcome.

(i) The skyline shall consist of buildings.

(ii) The Statue of Liberty shall be used to indicate if a 2x multiplier shall be applied.

(2) The New York, New York bonus game shall begin with random multipliers being assigned to each of the skyscrapers and displayed above the assigned skyscraper.

(3) In the event that a multiplier under § 696.3 (relating to multiplier) selects the New York, New York bonus game, the multiplier shall be applied to all multiplier awards assigned in paragraph (2).

(4) The New York, New York bonus game shall commence with a light show sweeping across the buildings. The light will stop on one of the buildings, indicating that building and associated multiplier is the winning outcome.

(5) Following the selection of the winning outcome under paragraph (4), the game focus shall turn to the Statue of Liberty. A random number generator shall determine if the Statue of Liberty’s torch shall illuminate. If the torch illuminates, this shall indicate a 2x multiplier shall be applied to the outcome under paragraph (4).

(6) The payout odds of the New York, New York bonus game shall be based upon the outcome of the random number generator.

(i) The minimum payout odds shall be 2 to 1.

(ii) The maximum payout odds shall be 500 to 1.

(c) Luxor bonus game.

(1) The Luxor bonus game is a random number generator-based bonus game which uses a grid of 21 hidden multiplier awards to determine payout odds.

(2) The Luxor bonus game begins with the random number generator randomly selecting 21 multipliers and displaying them in the grid.

(3) The random number generator shall then determine if there shall be any lightning strike increases to the 21 multipliers under paragraph (2).

(i) There may be one, two or three lightning strikes selected by the random number generator.

(ii) When a lightning strike has been selected, the first lightning strike shall be applied and 3 multipliers increased on the screen before the subsequent lightning strikes are applied.

(4) In the event that a multiplier under § 696.3 selects the Luxor bonus game, the multiplier shall be applied to all multiplier awards assigned in paragraph (2) and shall increase the multipliers after the lightning strikes in paragraph (3).

(5) The multipliers shall then be shuffled and hidden behind 21 identical symbols.

(6) The player shall select 1 of the 21 symbols to reveal their payout odds.

(i) A timer shall indicate how long a player has to make a selection.

(ii) If the player has not made a selection when time has run out, a random selection shall be made on the player’s behalf.

(7) The payout odds for the Luxor bonus game shall be based upon the outcome of the random number generator and a blind selection of an outcome.

(i) The minimum payout odds shall be 5 to 1.

(ii) The maximum payout odds shall be 1,000 to 1.

(d) MGM Grand bonus game.

(1) MGM Grand is a bonus game in which balls are dropped down a wall to determine winning outcomes.

(2) The MGM Grand bonus game shall be conducted on a board which shall be a wall consisting of a multitude of pegs, two void holes in the field of pegs and four landing spots.

(3) The MGM Grand bonus game shall drop 12 balls with 4 blue balls, 4 green balls, 2 red balls, 1 gold ball and 1 special disco ball.

(i) The blue ball shall represent a 2x multiplier.

(ii) The green ball shall represent a 5x multiplier.

(iii) The red ball shall represent a 10x multiplier.

(iv) The gold ball shall represent a 25x multiplier.

(v) The special disco ball shall double the total of whichever landing spot it lands in.

(4) In the event that a multiplier under § 696.3 selects the MGM Grand bonus game, the multiplier shall be applied to all ball multiplier values assigned in paragraph (3).

(5) The MGM Grand bonus game begins with players making a selection of one of the four landing spots. If a player does not make a selection before time runs out, a landing spot will be randomly selected for the player.

(6) The MGM Grand bonus game shall proceed to release the balls in successive drops.

(i) The blue 2x multiplier balls shall drop first.

(ii) After the blue multiplier balls have settled, the green 5x multiplier balls shall drop.

(iii) After the green multiplier balls have settled, the red 10x multiplier balls shall drop.

(iv) After the red multiplier balls have settled, the gold 25x multiplier ball shall drop.

(v) Finally, after the gold multiplier ball has dropped, the special disco ball shall drop.

(7) At the conclusion of the rounds of ball drops, the payout odds for each landing spot shall be calculated.

(i) A ball that landed in the void spot on the board, and therefore did not land in a landing spot, shall not be counted towards a payout.

(ii) Each landing spot shall total the multipliers of all balls in that spot to determine the payout odds.

(iii) In calculating the payout odds in subparagraph (ii), the special disco ball shall be counted last and shall double the total payout. In the event that a multiplier is applied under paragraph (4), the special disco ball shall increase the total payout based upon whatever amount the special multiplier was increased. For example, if the multiplier under § 696.4 (relating to payout odds) had been 10, then the special disco ball would increase the landing spot by 20x (10x multiplier x 2x special disco ball multiplier).

(8) The payout odds for the MGM Grand bonus game shall be based upon the outcome of the random number generator and a blind selection of an outcome.

(i) The minimum payout odds shall be 7 to 1.

(ii) The maximum payout odds shall be 1,000 to 1.

(e) Bellagio bonus game.

(1) Bellagio is a bonus game in which slot machines are used to visualize winning outcomes.

(2) The Bellagio bonus game consists of three, three-reel slot machines and a Bellagio bonus tracker.

(3) The Bellagio bonus game begins with the random number generator randomly assigning multiplier values to slot reel combinations.

(4) In the event that a multiplier under § 696.3 selects the Bellagio bonus game, the multiplier shall be applied to all multiplier awards assigned in paragraph (3).

(5) A timer shall commence and indicate the amount of time remaining for an eligible player to select one of the three slot machines. If a player does not make a selection before time has elapsed, one of the slot machines shall be selected at random for the player.

(6) The slot machines shall begin to spin. The result of each of the three slot machines shall be independent of the other two.

(7) Winning reel combinations shall be added to the cumulative meter below the slot machine.

(8) Each slot machine shall spin eight times, with the cumulative results being the payout odds to be paid.

(9) If during any spin, any slot machine reveals a Bellagio icon on the reel, it shall be added to the Bellagio bonus tracker.

(i) If eight Bellagio icons are revealed during the Bellagio bonus game, the Bellagio bonus shall be triggered.

(ii) If the Bellagio bonus is triggered, at the conclusion of all eight spins of the slot reels a 2x multiplier shall be applied to all cumulative result meters under paragraph (8).

(10) The payout odds for Bellagio bonus game shall be based upon the cumulative outcome of the random number generator slot reel selected by the player.

(i) The minimum payout odds shall be 10 to 1.

(ii) The maximum payout odds shall be 2,000 to 1.

The temporary provisions of this § 696.5 amended under 4 Pa.C.S. § § 1202(b)(30), 13A02(1) and (2) and 13A03.

The temporary provisions of this § 696.5 amended April 24, 2026, effective April 25, 2026, 56 Pa.B. 2244. Immediately preceding text appears at serial pages (425830) to (425833).

This section cited in 58 Pa. Code § 696.1 (relating to Inspired Wheelspin layout; physical characteristics); and 58 Pa. Code § 696.4 (relating to payout odds).

58 Pa. Code § 696.6 Caesars Palace Wheel of Wins bonus games configuration.

(a) Caesars Palace Wheel of Wins bonus games shall be an Inspired Wheelspin configuration in which Bonus Game A shall be the Caesars Choice bonus game; Bonus Game B shall be the Trevi Fortunes bonus game; Bonus Game C shall be the Colosseum Cash bonus game; and Bonus Game D shall be the Palace Spins bonus game.

(b) Caesars Choice bonus game.

(1) The Caesars Choice bonus game is a random number generator-based bonus game which uses the image of statues of Caesar to visualize the bonus game outcome.

(2) The Caesars Choice bonus game shall begin with eight random multipliers being assigned and displayed above the assigned spots above the Caesar statue.

(3) The Caesars Choice bonus game shall commence with the eight multipliers beginning to spin above the Caesar statue. When the multipliers stop spinning, the multiplier which is being pointed to by the Caesar statue shall be the winning outcome.

(4) In the event that a multiplier under § 696.3 (relating to multiplier) selects the Caesars Choice bonus game, the multiplier shall be applied to the winning multiplier award assigned in paragraph (2).

(5) The payout odds of the Caesars Choice bonus game shall be based upon the outcome of the random number generator.

(i) The minimum payout odds shall be 5 to 1.

(ii) The maximum payout odds shall be 500 to 1.

(c) Trevi Fortunes bonus game.

(1) The Trevi Fortunes bonus game is a random number generator-based bonus game which uses a grid of 36 hidden multiplier awards to determine payout odds.

(2) The Trevi Fortunes bonus game begins with the random number generator randomly selecting 36 multipliers and displaying them in the grid.

(3) In the event that a multiplier under § 696.3 selects the Trevi Fortunes bonus game, the multiplier shall be applied to all multiplier awards assigned in paragraph (2).

(4) The multipliers shall then be shuffled and hidden behind 36 identical symbols.

(5) The player shall select 1 of the 36 symbols to reveal their payout odds.

(i) A timer shall indicate how long a player has to make a selection.

(ii) If the player has not made a selection when time has run out, a random selection shall be made on the player’s behalf.

(6) The payout odds for the Trevi Fortunes bonus game shall be based upon the outcome of the random number generator and a blind selection of an outcome.

(i) The minimum payout odds shall be 5 to 1.

(ii) The maximum payout odds shall be 1,000 to 1.

(d) Colosseum Cash bonus game.

(1) Colosseum Cash is a random number generator-based bonus game which uses three rows of five hidden multiplier awards to determine payout odds.

(2) The Colosseum Cash bonus game begins with the random number generator randomly assigning multipliers or a Caesar symbol. The multipliers and Caesars symbols shall remain hidden to the player.

(3) The random number generator shall also determine the potential jackpot, which may range from 50x to 200x.

(4) The player shall make a selection of one of the hidden multipliers on each of the three rows.

(i) A timer shall indicate how long the player has to make their selections.

(ii) If the player has not made their selections before time has run out, a random selection shall be made on the player’s behalf.

(5) The player’s selected multipliers shall be revealed, and the combined multipliers shall represent the payout odds.

(6) If the multiplier reveal under paragraph (5) reveals three Caesar icons, the player has won the jackpot established under paragraph (3).

(7) In the event that a multiplier under § 696.3 selects the Colosseum Cash bonus game, the multiplier shall be applied to the multiplier awards assigned in paragraph (5) or (6).

(8) The payout odds for the Colosseum Cash bonus game shall be based upon the outcome of the random number generator and the player’s blind selection of an outcome.

(i) The minimum payout odds shall be 8 to 1.

(ii) The maximum payout odds shall be 2,000 to 1.

(e) Palace Spins bonus game.

(1) Palace Spins is a random number generator-based bonus game in which coins are randomly awarded into a grid to visualize winning outcomes.

(2) The Palace Spins bonus game consists of two 3x4 grids, into which coins appear to denote multipliers awarded in successive rounds of spins, and a meter showing the number of spins remaining.

(3) The Palace Spins bonus game begins with the player selecting one of the two grids. If the player does not make a selection before time runs out, one will be selected at random for them.

(4) The Palace Spins bonus game will assign a random multiplier value above each of the three columns of the grid before each spin.

(5) The game will now proceed to spin to determine an outcome, with coins landing in any of the 12 grid spaces. A coin that lands in a grid space shall reflect the multiplier value which was assigned to that column in paragraph (4).

(6) The meter reflecting the number of spins remaining shall update under the following circumstances:

(i) If no coins were awarded, the meter shall be reduced by one spin.

(ii) If one or more coins were awarded, the meter shall be reset to full.

(7) The Palace Spins bonus game shall continue to play successive rounds consistent with paragraphs (4)—(6) until either every grid sections has been filled with a coin or no more spins remain on the meter.

(8) If all 12 grid sections have been filled with coins, the value of every coin shall be increased to 25x.

(9) At the conclusion of spins, all the multiplier values on the coins in the grid shall be totaled to determine the payout odds.

(10) In the event that a multiplier under § 696.3 selects the Palace Spins bonus game, the multiplier shall be applied to the multiplier payout calculated in paragraph (9).

(11) The payout odds for the Palace Spins bonus game shall be based upon the outcome of the random number generator.

(i) The minimum payout odds shall be 10 to 1.

(ii) The maximum payout odds shall be 3,000 to 1.

The temporary provisions of this § 696.6 amended under 4 Pa.C.S. § § 1202(b)(30), 13A02(1) and (2) and 13A03.

The temporary provisions of this § 696.6 amended April 24, 2026, effective April 25, 2026, 56 Pa.B. 2244. Immediately preceding text appears at serial pages (425833) to (425836).

This section cited in 58 Pa. Code § 696.1 (relating to Inspired Wheelspin layout; physical characteristics); and 58 Pa. Code § 696.4 (relating to payout odds).

58 Pa. Code § 696.7 Tailgate Takeover bonus games configuration.

(a) Tailgate Takeover shall be an Inspired Wheelspin configuration in which Bonus Game A shall be the Touchdown Toss bonus game; Bonus Game B shall be the Cornhole Cash bonus game; Bonus Game C shall be the Merch Madness bonus game; and Bonus Game D shall be the Field Goal Fortunes bonus game.

(b) Touchdown Toss bonus game.

(1) The Touchdown Toss bonus game is a random number generator-based bonus game which uses imagery of a ball tossed into 1 of 15 cups to display the game’s outcome.

(2) The Touchdown Toss bonus game shall begin with random multipliers being assigned to each of the cups.

(3) A ball is tossed and will come to rest in one of the cups, with that cup’s assigned multiplier being the game’s outcome.

(4) In the event that a multiplier under § 696.3 (relating to multiplier) selects the Touchdown Toss bonus game, the multiplier shall be applied to the outcome under paragraph (3).

(5) The payout odds of the Touchdown Toss bonus game shall be the result of the random number generator.

(i) The minimum payout odds shall be 2 to 1.

(ii) The maximum payout odds shall be 500 to 1.

(c) Cornhole Cash bonus game.

(1) The Cornhole Cash bonus game is a random number generator-based bonus game which the visualization of beanbags being tossed is used to display outcomes.

(2) The Cornhole Cash bonus game shall consist of 2 cornhole boards, 10 beanbags and 1 gold beanbag.

(3) The Cornhole Cash bonus game begins with the player selecting between two cornhole boards. If the player does not make a selection before time runs out, a board is randomly selected for them.

(4) The Cornhole Cash bonus game will launch each of the 11 beanbags at the board, one at a time, with each bag either missing the board, landing on the board or going through the hole in the board. The gold beanbag shall be launched last.

(5) The beanbags shall have the following multiplier values:

(i) Regular beanbags:

(A) Beanbags which miss the board shall be worth zero.

(B) Beanbags which are on the board shall be worth 1x.

(C) Beanbags which have gone through the hole in the board shall be worth 5x.

(ii) Gold beanbags:

(A) Gold beanbags which miss the board shall be worth zero.

(B) Gold beanbags which are on the board shall be worth 25x.

(C) Gold beanbags which have gone through the hole in the board shall be worth 100x.

(6) The payout odds shall be calculated by totaling the beanbags using the multiplier values as outlined in paragraph (5).

(7) In the event that both cornhole boards are equal following the calculation under paragraph (6), players shall be awarded the combined total. For example, if both boards total a 50x, then the players would be awarded 100x as the payout odds.

(8) In the event that a multiplier under § 696.3 selects the Cornhole Cash bonus game, the multiplier shall be applied to the outcome under paragraph (6) or paragraph (7).

(9) The payout odds of the Cornhole Cash bonus game shall be the result of the random number generator.

(i) The minimum payout odds shall be 4 to 1.

(ii) The maximum payout odds shall be 1,000 to 1.

(d) Merch Madness bonus game.

(1) Merch Madness is a random number generator-based bonus game which uses a souvenir booth imagery and three rounds of item selection to reveal hidden multiplier awards to determine payout odds.

(2) The Merch Madness bonus game begins with the random number generator randomly assigning multipliers values, ranging from 2x to 100x, to each of the six souvenirs. The multipliers shall remain hidden to the player.

(3) The player shall make a selection of one of the six items.

(i) A timer shall indicate how long the player has to make their selections.

(ii) If the player has not made their selections before time has run out, a random selection shall be made on the player’s behalf.

(4) The player’s selected item shall then reveal the hidden multiplier.

(5) The Merch Madness bonus game shall then move on to the second round, with players again being presented with six items to choose between. Round 2 shall follow the process outlined under paragraphs (2)—(5).

(6) The Merch Madness bonus game shall then move on to the third and final round, with players again being presented with six items to choose between. Round 3 shall follow the process outlined under paragraphs (2)—(5).

(7) Following the third round, the multipliers for all of the player’s selected items shall be totaled to determine the payout odds.

(8) In the event that a multiplier under § 696.3 selects the Merch Madness bonus game, the multiplier shall be applied to the outcome under paragraph (7).

(9) The payout odds of the Merch Madness bonus game shall be the result of the random number generator combined with player selections.

(i) The minimum payout odds shall be 6 to 1.

(ii) The maximum payout odds shall be 2,000 to 1.

(e) Field Goal Fortunes bonus game.

(1) Field Goal Fortunes is a bonus game in which a football being kicked at a grid of multipliers assigned by a random number generator is used to visualize winning outcomes.

(2) The Field Goal Fortunes bonus game consists of three different colored footballs and a grid of 45 multipliers values and double symbols.

(3) The Field Goal Fortunes bonus game begins with the random number generator randomly assigning multiplier values or a double symbol to each of the 45 grid sections.

(4) The player must make a selection of one of the three footballs.

(i) A timer shall indicate how long the player has to make their selection.

(ii) If the player has not made their selection before time has run out, a random football selection shall be made on the player’s behalf.

(5) The footballs shall be kicked, and whichever grid section the football strikes shall represent the payout odds for that football.

(6) If the football strikes a double grid section, all multipliers on the grid shall be doubled and the ball which struck the double shall be kicked again.

(i) If the football strikes a multiplier, that multiplier shall be the payout odds.

(ii) If the football strikes a double symbol, all grid sections shall be doubled. A double symbol shall be replaced with a multiplier and the football kicked a third time. The grid segment struck by the football shall be the payout odds.

(iii) Doubling under this paragraph shall only apply for the ball which triggered the initial doubling.

(7) In the event that a multiplier under § 696.3 selects the Field Goal Fortunes bonus game, the multiplier shall be applied to all multiplier awards assigned in paragraph (5) or (6).

(8) The payout odds for Field Goal Fortunes bonus game shall be based upon the outcome of the random number generator.

(i) The minimum payout odds shall be 10 to 1.

(ii) The maximum payout odds shall be 3,000 to 1.

The temporary provisions of this § 696.7 amended under 4 Pa.C.S. § § 1202(b)(30), 13A02(1) and (2) and 13A03.

The temporary provisions of this § 696.7 amended April 24, 2026, effective April 25, 2026, 56 Pa.B. 2244. Immediately preceding text appears at serial pages (425836) to (425839).

This section cited in 58 Pa. Code § 696.1 (relating to Inspired Wheelspin layout; physical characteristics); and 58 Pa. Code § 696.4 (relating to payout odds).