30 Pa.C.S. Ch. 5

in effect

30 Pa.C.S. § 5 Use of existing forms, stationery, etc.

After the effective date of this act, the Pennsylvania Fish and Boat Commission shall recycle or continue to use any forms, stationery, business cards or other office supplies or materials which contain references to the Pennsylvania Fish Commission until the time these existing supplies and materials are depleted. Existing signs on which the Pennsylvania Fish Commission designation appears shall not be changed until the existing signs become worn and require replacement. Explanatory Note. Act 39 amended or added sections 102, 301, 308, 5104, 5122, 5301, 5302, 5303, 5305, 5306 and 5310 of Title 30. 1992, MARCH 19, P.L.18, NO.7 Preamble The General Assembly of the Commonwealth of Pennsylvania finds that the fishing license fees for nonresidents of this Commonwealth should be increased for the purpose of providing the Fish Fund with additional revenues to be used to enhance and improve fishing on or in the waters of this Commonwealth, including the commission's catchable trout and salmon propagation and stocking programs. Explanatory Note. Act 7 amended the heading of Chapter 3 and sections 2701, 2702 and 7102 of Title 30. 1994, OCTOBER 5, P.L.534, NO.79 Preamble 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. Explanatory Note. Act 79 amended or added sections 2903 and 2907.2 of Title 30. 2000, DECEMBER 20, P.L.828, NO.115

30 Pa.C.S. § 501 Refund of moneys paid erroneously or unjustly.

Whenever the commission is satisfied that any fee, fine or any other money was erroneously or unjustly paid into the State Treasury under any of the provisions of this title, the commission may by resolution, within two years after the payment, direct the executive director to draw a requisition upon the Fish Fund or Boat Fund, as appropriate, for the amount involved. Upon receipt of the requisition and an extract of the minutes of the commission, a refund shall be paid in favor of the person from whom the fee, fine or other money was erroneously or unjustly collected.

30 Pa.C.S. § 502 Service charge for uncollectible checks.

Whenever any check or similar instrument issued in payment of any fee, fine or for any other purpose under this title is returned to the commission as uncollectible, the person who makes, issues or presents the check or other instrument shall be charged $15, or a service charge as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees). The service charge shall be credited to the Fish Fund or the Boat Fund, as appropriate, to cover the cost of collection. (July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 502 is referred to in section 322.1 of this title.

30 Pa.C.S. § 503 Auditing and reporting requirements.

(a) Performance audit.--A performance audit of the commission for the concluding fiscal year shall be conducted by the Legislative Budget and Finance Committee and shall be submitted to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives no later than July 1, 2007. After July 1, 2007, the Legislative Budget and Finance Committee shall conduct a performance audit of the commission every three years no later than July 1. (b) Annual report to General Assembly.--No later than January 31 of each year the commission through its executive director shall submit an annual written report to the Game and Fisheries Committee and the Appropriations Committee of the Senate and the Game and Fisheries Committee and the Appropriations Committee of the House of Representatives which shall include the complete budget for the current fiscal year and for the next fiscal year. The commission shall meet with the specified committees of the General Assembly to receive oral testimony in relation to the annual written reports when so requested. (Nov. 29, 2004, P.L.1286, No.159, eff. imd.) 2004 Amendment. Act 159 added section 503.

30 Pa.C.S. § 521 Establishment and use of Fish Fund.

(a) General rule.--Except as otherwise provided in this title, all fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of this title shall be placed in a separate fund by the State Treasurer to be known as the "Fish Fund" and shall be used solely for the following purposes: (1) The payment of all expenses incurred in processing, issuing or supervising the issuance of fishing licenses, special licenses and permits. (2) The payment of the salaries, wages or other compensation of the executive director, other employees and other persons as may be required for the work of the commission. (3) The payment of the travel and other expenses of the members, officers, employees and other persons as may be required for the work of the commission. (4) The purchase of such furniture, furnishings, stationery, supplies, materials, equipment, fuel, motor vehicles and printing and binding as may be necessary to the conduct of the work of the commission, and the payment of premiums on surety bonds for such officers or employees of the commission as may be required to obtain policies of workmen's compensation insurance and policies of liability insurance covering motor vehicles and persons operating them. (5) The payment of postage, telegrams, telephone rentals, telephone toll charges and rentals for patented leased office devices or machines. (6) Rentals for any offices outside of the Capitol buildings or any other grounds, buildings or quarters necessary for the work of the commission. (7) The propagation, protection, management and distribution of fish and the stocking of waters within this Commonwealth as provided by law. (8) Necessary repairs and improvements to fish cultural stations or other buildings, offices or quarters used in the work of the commission. (9) Field work, gathering spawn and transferring fish. (10) The maintenance and operation of such boats as may be required for the business of the commission. (11) Any contingent, incidental or other expenses of any kind or description reasonably necessary in carrying on the work of the commission including the costs of activities for the promotion of public interest in recreational fishing in this Commonwealth. (12) The direct purchase in any amount, without prior confirmation of the Department of General Services, of all fish and fish food for its fish cultural facilities and elsewhere as needed. (13) The purchase of lands and waters and the impounding of waters and to make them available for use by the citizens of this Commonwealth for fishing, boating and other recreational purposes. The lands and waters so purchased shall be under the supervision, direction and control of the commission. (14) The purchase and acquisition of additional land and water for Commonwealth fish cultural stations; the purchase, acquisition and erection of buildings, ponds and other extensions incidental to fish cultural stations; the propagation and protection of fish and fish cultural stations hereafter established; the distribution of fish from fish cultural stations; and the stocking of waters within this Commonwealth. (15) The refund of fees, royalties, fines or other moneys heretofore or hereafter erroneously or unjustly paid into the Fish Fund. (16) The lease of land, interests in land or licenses for the use thereof by the commission. (b) Cooperative agreements.--The commission may enter into cooperative agreements with Federal, Commonwealth and other state and local government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating waters for public fishing and may expend moneys from the Fish Fund for agreed upon pro rata share of the cost of their acquisition, construction, operation and maintenance. The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes. (c) Appropriation of moneys.--All moneys in the Fish Fund, from time to time, are hereby appropriated to the commission and may be expended for the purposes authorized under this title. Cross References. Section 521 is referred to in section 701 of this title.

30 Pa.C.S. § 522 Expenditures from Fish Fund.

(a) Approval of estimated expenditures.--Estimates of amounts to be expended under this subchapter, from time to time, by the commission shall be submitted to the Governor for his approval as in the case of other appropriations made to Commonwealth agencies. (b) Expenditures not to exceed approved estimates.--The State Treasurer shall not honor any requisition for the expenditure of any moneys by the commission in excess of the estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made.

30 Pa.C.S. § 531 Establishment and use of Boat Fund.

(a) General rule.--All fees, royalties, fines, penalties and other moneys paid, received, recovered and collected under the provisions of section 747 (relating to proceeds from sales and grants) and Part III (relating to boats and boating), as well as all funds received pursuant to section 17 of the act of May 21, 1931 (P.L.149, No.105), known as "The Liquid Fuels Tax Act," shall be placed in a separate fund by the State Treasurer to be known as the "Boat Fund." The use of the Boat Fund shall generally be limited to carrying out the functions of the commission that relate to boats and boating and, subject to this general limitation, the fund may be used solely for the following purposes: (1) The payment of all expenses incurred in processing, issuing or supervising the issuance of boat registrations, special licenses and permits. (2) The payment of the salaries, wages or other compensation of the executive director, other employees and other persons as may be required for the work of the commission. (3) The payment of the travel and other expenses of the Boating Advisory Board, officers, employees and other persons as may be required for the work of the commission. (4) The purchase of such furniture, furnishings, stationery, supplies, materials, equipment, fuel, motor vehicles, boats and printing and binding as may be necessary to the conduct of the work of the commission, and the payment of premiums on surety bonds for such officers or employees of the commission as may be required to obtain policies of workmen's compensation insurance and policies of liability insurance covering the motor vehicles and persons operating them. (5) The payment of postage, telegrams, telephone rentals, telephone toll charges and rentals for patented leased office devices or machines. (6) Rentals for any offices outside of the Capitol buildings or any other grounds, buildings or quarters necessary for the work of the commission. (7) Necessary repairs and improvements to boating access areas and buildings, offices or quarters used in the work of the commission. (8) The maintenance and operation of such boats as may be required for the business of the commission. (9) Any contingent, incidental or other expenses of any kind or description reasonably necessary in carrying on the work of the commission as provided in Part III including the costs of activities for the promotion of recreational boating in this Commonwealth. (10) The purchase of lands and waters and the impounding of waters and to make them available for use by the citizens of this Commonwealth for boating and other related recreational purposes. The lands and waters so purchased shall be under the supervision, direction and control of the commission. (11) The refund of fees, royalties, fines or other moneys heretofore or hereafter erroneously or unjustly paid into the Boat Fund. (12) The development and implementation of a boating safety education program. (13) The lease of land, interests in land or licenses for the use thereof by the commission. (b) Cooperative agreements.--The commission may enter into cooperative agreements with Federal, Commonwealth and other state and local government agencies and with interstate compact agencies, singly or in concert, for impounding, managing, using, maintaining and operating waters for public boating and may expend moneys from the Boat Fund for agreed upon pro rata share of the cost of their acquisition, construction, operation and maintenance. The commission may enter into similar agreements and undertake similar expenditures in conjunction with private or commercial interests for the same purposes. (c) Appropriation of moneys.--All moneys in the Boat Fund, from time to time, are hereby appropriated to the commission and may be expended for the purposes that relate to boats and boating authorized under this title. References in Text. The act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, referred to in subsec. (a) intro. par., was repealed by the act of April 17, 1997 (P.L.6, No.3). Cross References. Section 531 is referred to in sections 701, 5502 of this title.

30 Pa.C.S. § 532 Expenditures from Boat Fund.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=30Fetched: 10/16/2026