2903 - Boat and net licenses for boundary lakes.
§ 2903. Boat and net licenses for boundary lakes. (a) Application of section.--The provisions of this section shall apply only to those boundary lakes of this Commonwealth and their bays and peninsular waters as the commission may determine. (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) (Deleted by amendment). (2) (Deleted by amendment). (3) (Deleted by amendment). (4) (Deleted by amendment). (5) Boats less than 60 feet in length used in fishing with a trawl 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. (c) Carrying and display.--The licenses shall be carried by the operator of any boat, net or device so licensed and by each person employed on the boat and shall be shown on demand to any waterways patrolman or other authorized representative of the commission. (d) Condition of license.--No license shall be issued under this section except upon the condition that the operator of any boat so licensed shall permit a person, designated by the executive director, to accompany the boat at any time when it is engaged in fishing, for the purpose of securing for the use of the commission from the fish caught as much of their spawn as the commission may determine. A person who refuses to permit a person so designated by the executive director to accompany the boat to secure such spawn as he may deem necessary commits a summary offense of the first degree. (e) Rules and regulations.--The commission may promulgate rules and regulations applicable to boundary lakes as may be appropriate for the protection and management of the fisheries in the lakes, the ways, methods and means of fishing and the health and safety of persons and property. The regulations may prohibit fishing for all or some species of fish in boundary lakes and may limit the number or types of licenses and permits issued for fishing in the lakes. (f) Limitation on nonresident licenses.--No nonresident boat or net license may be issued under this section to any resident of a state or country the laws or regulations of which prohibit, or have the effect of prohibiting, the issuance of a like license to a resident of this Commonwealth. (g) 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. (Oct. 5, 1994, P.L.534, No.79, eff. imd.) 1994 Amendment. Act 79 amended subsecs. (b) and (g) and added subsec. (h). See the preamble to Act 79 of 1994 in the appendix to this title. Cross References. Section 2903 is referred to in section 2908 of this title.