Pennsylvania Act 1994-79 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND PROHIBITING GILL NETS

Act text

FISH AND BOAT CODE (30 PA.C.S.) - AMEND PROHIBITING GILL NETS
                  Act of Oct. 5, 1994, P.L. 534, No. 79               Cl. 30
                             Session of 1994
                               No. 1994-79

     HB 490

                                  AN ACT

     Amending Title 30 (Fish) of the Pennsylvania Consolidated
        Statutes, prohibiting the use of gill nets on Lake Erie.
        The General Assembly of the Commonwealth of Pennsylvania
     finds:
            (1)  The power of the Commonwealth to protect and manage
        fish in Commonwealth waters is inherent in the sovereignty of
        the Commonwealth.
            (2)  Persons who are granted commercial fishing licenses
        to fish with gill nets have no property interest in these
        licenses or fundamental right to continue fishing with such
        gear.
            (3)  The Commonwealth in the exercise of its sovereign
        power to protect and manage fishes in the waters of the
        Commonwealth has the power and duty to discontinue issuance
        of licenses for use of gill nets for commercial fishing in
        boundary lakes.
            (4)  Elimination of commercial fishing with gill nets on
        boundary lakes will provide for the better protection and
        management of the fisheries of boundary lakes.
            (5)  Although holders of commercial fishing licenses to
        use gill nets in boundary lakes have no property interest in
        these licenses and no expectation that these licenses will
        continue to be issued, the Commonwealth may provide
        compensation to licensees to ease the transition from fishing
        with gill nets.
            (6)  It is appropriate for those engaged in sport fishing
        in Lake Erie and Presque Isle Bay to pay the cost of
        providing recompense to holders of commercial fishing
        licenses to use gill nets in boundary lakes by means of a
        limited duration special permit.
     The General Assembly of the Commonwealth of Pennsylvania
     declares that the purpose of this act is to provide for the
     orderly discontinuance of use of gill nets for commercial
     fishing on Lake Erie and other boundary lakes of this
     Commonwealth and provide compensation for holders of gill net
     licenses issued under 30 Pa.C.S. § 2903.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2903(b) and (g) of Title 30 of the
     Pennsylvania Consolidated Statutes are amended and the section
     is amended by adding a subsection to read:
      § 2903.  Boat and net licenses for boundary lakes.
        * * *
        (b)  Issuance and fees.--The commission may issue a
     commercial fishing license to a person who has signed and
     submitted his application and paid a fee as follows:
            [(1)  Boats less than 26 feet in length used in fishing
        with gill nets: residents $150; nonresidents, $300.
            (2)  Boats 26 feet or more but less than 40 feet in
        length used in fishing with gill nets: residents, $250;
        nonresidents, $500.
            (3)  Boats 40 feet or more but less than 60 feet in
        length used in fishing with gill nets: residents, $400;
        nonresidents, $800.
            (4)  Boats 60 feet or more in length used in fishing with
        gill nets: residents, $600; nonresidents, $1,200.]
            (5)  Boats less than 60 feet in length used in fishing
        with a travel net: residents, $200; nonresidents, $400.
            (6)  Trap nets: residents, $80; nonresidents, $160.
            (7)  Seines: residents, $50; nonresidents, $100.
            (8)  Outlines: residents, $10; plus valid fishing
        license; nonresidents, $20 plus valid fishing license.
        * * *
        (g)  [Pound] Certain nets prohibited.--The use of pound nets
     or gill nets for fishing on boundary lakes is prohibited.
        (h)  Gill nets.--
            (1)  On and after January 1, 1996, the use of gill nets
        for fishing on boundary lakes shall be prohibited.
            (2)  The commission shall establish a gill net licensee
        recompense program whereby persons holding 1992 licenses to
        use gill nets on boundary lakes shall be recompensed as
        provided in this paragraph. The amount of the payment to each
        licensee shall be based on the average of the licensee's two
        highest years of catches taken with gill nets for the years
        1990, 1991 , 1992, 1993 and 1994. The payment shall be the
        product of such average catch multiplied by the average value
        received for such catch as reported to the commission.
        Section 2.  Title 30 is amended by adding a section to read:
      § 2907.2.  Lake Erie fishing permits.
        (a)  Permit required.--On and after January 1, 1995, no
     person shall fish in the Pennsylvania waters of Lake Erie,
     Presque Isle Bay and their tributaries without first procuring
     an annual special permit for such fishing.
        (b)  Fee.--The annual fee for the special permit issued in
     this section shall be $3 plus a service fee of 50¢ for the
     issuing agent.
        (c)  Exemptions.--Persons entitled to free fishing licenses
     under section 2707 (relating to disabled veterans) and persons
     exempt from fishing license requirements under Chapter 27
     (relating to fishing licenses) are exempt from the requirements
     of this section. Holders of Senior Resident Lifetime Fishing
     Licenses issued under section 2701 (relating to resident fishing
     licenses) shall meet the requirements of this section by
     purchasing one annual special permit which shall be valid for
     the licensee's lifetime.
        (d)  Regulations.--The commission may promulgate regulations
     for the display of the special permit and manner in which it may
     be affixed to the fishing license or carried with the licensee.
        (e)  Penalty.--Any person violating the provisions of this
     section or the regulations promulgated hereunder commits a
     summary offense of the third degree.
        (f)  Proceeds from special permit.--The proceeds from the
     special permits issued under this section shall be deposited
     into a restricted account within the Fish Fund, which account
     shall be used for paying recompense to holders of gill net
     licenses for boundary lakes as provided in section 2903(h)
     (relating to gill nets) and for the costs of administering the
     recompense and special permit programs.
        (g)  Termination of permit requirement.--The special permit
     program established by this section shall terminate when the
     commission determines that sufficient funds have been raised to
     defray the recompense and special permit program costs, provided
     that in no event shall special permits be required on or after
     January 1, 2001.
        (h)  Accounting.--The commission shall provide an annual
     accounting of the permit program to the Committee on Game and
     Fisheries in the Senate and the Committee on Game and Fisheries
     in the House of Representatives.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 5th day of October, A. D. 1994.

     ROBERT P. CASEY