30 Pa.C.S. Ch. 21

in effect

30 Pa.C.S. § 2101 Administration of part.

The commission shall administer and enforce this part and other laws of this Commonwealth relating to: (1) The encouragement, promotion and development of the fishery interests. (2) The protection, propagation and distribution of fish.

30 Pa.C.S. § 2102 Rules and regulations.

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

30 Pa.C.S. § 2103 Stocked waters open for fishing.

(a) General rule.--Any water area in this Commonwealth stocked with fish furnished by the commission shall be open to the public for the purpose of free lawful fishing. (b) Liability for property damage.--This section does not exempt any person trespassing on the lands of any person in this Commonwealth from liability for any damage he may do to those lands or to any improvements, crops, livestock or poultry thereon.

30 Pa.C.S. § 2104 Sunday fishing from private land.

(a) General rule.--No person shall fish on any Sunday from privately owned land without the express or implied consent of the owner or lessee of the land abutting on a stream or body of water and of the bed thereunder. The consent shall be implied unless the landowner takes any reasonable action to negate his consent to Sunday fishing. (b) Penalty.--Any person who violates this section commits a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)

30 Pa.C.S. § 2105 Farm fish ponds.

(a) Exemption from regulation.--The restrictions on fishing imposed by this part do not apply to a resident owner or lessee of a farm, his family and other persons who are regularly employed upon the farm, all of the class which must permanently reside upon the farm, while fishing in an artificial pond constructed thereon holding water the source of which is wholly within the limits of the farm. (b) Transporting fish from premises.--Any person may lawfully possess and transport any fish lawfully taken from a farm pond from the premises during the closed season for such fish when accompanied by a signed written statement from the owner or lessee of the farm showing: (1) The date, place and by whom the fish were taken. (2) The number and species of fish. (3) The name and address of the person transporting the fish. (4) The date they are being transported. (c) Other prohibitions unaffected.--Nothing in this section shall authorize any person to transport, introduce or import any fish, bait fish or fish bait, the transportation, introduction or importation of which is prohibited by law, rule or regulation. (d) Penalty.--Any person violating any of the provisions of this section commits a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)

30 Pa.C.S. § 2106 Fishing in hatchery or nursery waters.

(a) General rule.--No person shall fish, or trespass with intent to fish, in any hatchery waters or waters designated by the commission as nursery waters, upon the bed or bank of any such waters or upon any hatchery lands controlled, owned or occupied by the commission, Federal Government or cooperative nursery approved by the commission. (b) Penalty.--Any person violating the provisions of this section by fishing or trespassing with intent to fish in any hatchery or nursery waters commits a summary offense of the first degree. Any person violating the provisions of this section by taking fish from hatchery or nursery waters commits: (1) A summary offense of the first degree if the market value of the fish taken from the hatchery or nursery waters is not shown or is less than $50. (2) A misdemeanor of the third degree if the market value of the fish taken from hatchery or nursery waters is $50 or more. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) Cross References. Section 2106 is referred to in section 2107 of this title.

30 Pa.C.S. § 2107 Sale of fish taken from hatchery or nursery waters.

(a) General rule.--A person shall not sell, offer for sale or knowingly purchase fish taken from any hatchery waters or waters designated by the commission as nursery waters in violation of section 2106 (relating to fishing in hatchery or nursery waters). (b) Penalty.--A person violating the provisions of this section commits a summary offense of the first degree if the market value of the fish sold, offered for sale or purchased is not shown or is less than $50. A person violating the provisions of this section commits a misdemeanor of the third degree if the market value or price of fish sold, offered for sale or purchased is $50 or more. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 added section 2107.

30 Pa.C.S. § 2108 Retrieval and disposition of fish.

(a) General rule.--It is unlawful for a person who kills fish while engaged in activities permitted by this title to refuse or neglect to make a reasonable effort to lawfully dispose of such fish. (b) Penalty.--A violation of this section is a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990) 1989 Amendment. Act 102 added section 2108.

30 Pa.C.S. § 2109 Serious unlawful take.

(a) Prohibited conduct.--It shall be unlawful to do any of the following from any waters of this Commonwealth, boundary waters or lands: (1) During the closed season, take, catch, kill or possess fish having a replacement cost in excess of $500. (2) Take, catch, kill or possess three or more times the daily limit of fish. (b) Grading.--Any person violating subsection (a) commits a misdemeanor of the second degree. (Oct. 24, 2012, P.L.1323, No.167, eff. imd.) 2012 Amendment. Act 167 added section 2109. Section 5(3) of Act 167 provided that section 2109 shall apply to violations occurring on or after the effective date of Act 167. Cross References. Section 2109 is referred to in section 923 of this title.

30 Pa.C.S. § 2110 Taking or possessing by illegal methods.

(a) Prohibited conduct.--It shall be unlawful to take, catch, kill or possess fish by any method not specifically authorized by law or regulation from any waters of this Commonwealth, boundary waters or lands. (b) Grading.--The following shall apply: (1) Any person violating subsection (a) relating to a single fish commits a summary offense of the second degree. (2) Any person violating subsection (a) relating to two or more fish, up to and including the legal daily limit, commits a summary offense of the first degree. (3) Any person violating subsection (a) relating to more than the legal daily limit of fish, or a second or subsequent violation of subsection (a), commits a misdemeanor of the second degree. (Oct. 24, 2012, P.L.1323, No.167, eff. imd.) 2012 Amendment. Act 167 added section 2110. Section 5(4) of Act 167 provided that section 2110 shall apply to violations occurring on or after the effective date of Act 167. Cross References. Section 2110 is referred to in section 923 of this title.

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