58 Pa. Code § 61.1

Current through Register Vol. 54, No. 36, September 7, 2024

Section 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:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon)	Regular Season: 8 a.m. first Saturday in April to midnight Labor Day	7 inches	5 (combined species) except areas with special regulations
	Extended Season: Stocked trout waters 12:01 a.m. day after Labor Day to midnight the third Monday in February of the following year.	7 inches	3 (combined species), except Class A wild trout streams, where the daily limit is 0, and areas with special regulations (see Chapter 65 (relating to special fishing regulations))
AMERICAN EEL	Open year-round	9 inches	25
BASS-Largemouth and Smallmouth and Spotted
Lakes:	January 1 to midnight the day before first Saturday after April 11 and November 1 to midnight December 31**	15 inches	4 (combined species from all habitats)
	12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11	NO HARVEST-Catch and immediate release only (No Tournaments Permitted)
	12:01 a.m. the first Saturday after June 11 to midnight October 31	12 inches	6 (combined species)
BASS-Largemouth and Smallmouth and Spotted	January 1 to midnight the day before the second Saturday in April and October 1 to midnight December 31*	15 inches	4 (combined species)
	12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June	NO HARVEST-Catch and immediate release only (No Tournaments Permitted)
	12:01 a.m. the second Saturday in June to midnight September 30	12 inches	6 (combined species)
MUSKELLUNGE and MUSKELLUNGE HYBRIDS	Open year-round	40 inches	1
PICKEREL		18 inches	4
NORTHERN PIKE		24 inches	2
WALLEYE and hybrids (Saugeye)	January 1-March 14; and 12:01 a.m. first Saturday in May to midnight, December 31	15 inches	6
SAUGER		12 inches	6
AMERICAN SHAD**	Open year-round	No minimum	3
HICKORY SHAD**	Closed year-round	No minimum	0
GIZZARD SHAD	Open year-round	No minimum	50
RIVER HERRING (alewife and blueback herring)**	Open year-round	No minimum	50
STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDS	Open year-round	20 inches	2 (combined species)
SUNFISH, YELLOW PERCH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS, CARP, WHITE BASS AND OTHER GAMEFISH NOT OTHERWISE LISTED	Open year-round	No minimum	50 (combined species)
BAIT FISH FISH BAIT except American eel, mud bugs, mussels/clams and crayfish	Open year-round	No minimum	50 (combined species)
MUD BUGS (dragonfly nymphs)	Open year-round	No minimum	Unlimited if taken from lakes, ponds, swamps and adjacent areas; 50 per day if taken from moving waters (rivers and streams)
MUSSELS/CLAMS	Closed year-round	0
PADDLEFISH	Closed year-round	-	0
CRAYFISH (ALL SPECIES)	Open year-round	50. The head must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

* 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).

58 Pa. Code § 61.1

The provisions of this §61.1 amended July 18, 1986, effective 7/19/1986, 16 Pa.B. 2644; amended March 13, 1987, effective 3/14/1987, 17 Pa.B. 1084; amended February 8, 1991, effective 2/9/1991, 21 Pa.B. 498; amended February 12, 1993, effective 2/13/1993, 23 Pa.B. 739; amended March 10, 1995, effective 3/11/1995, 25 Pa.B. 834; amended November 22, 1996, effective 1/1/1997, 26 Pa.B. 5701; amended March 7, 1997, effective 3/8/1997, 27 Pa.B. 1155; amended October 31, 1997, effective 11/1/1997, 27 Pa.B. 5605; amended October 9, 1998, effective 10/10/1998, 28 Pa.B. 5103; amended July 9, 1999, effective 7/10/1999, 29 Pa.B. 3626; amended August 27, 1999, effective 1/1/2000, 29 Pa.B. 4561; amended February 18, 2000, effective 2/19/2000, 30 Pa.B. 870; amended September 29, 2000, effective 9/30/2000, 30 Pa.B. 5013; amended April 19, 2002, effective 4/20/2002, 32 Pa.B. 1962; amended November 15, 2002, effective 11/16/2002, 32 Pa.B. 5658; amended November 24, 2004, effective 1/1/2005, 34 Pa.B. 6328; amended September 22, 2006, effective 1/1/2007, 36 Pa.B. 5872; amended September 29, 2006, effective 1/1/2007, 36 Pa.B. 5976; amended July 2, 2010, effective 7/3/2010, 40 Pa.B. 3663; amended December 17, 2010, effective 12/18/2010, 40 Pa.B. 7233; amended October 7, 2011, effective 1/1/2012, 41 Pa.B. 5365; amended July 3, 2014, effective 1/1/2015, 44 Pa.B. 4177; amended August 8, 2014, effective 8/9/2014, 44 Pa.B. 5336; amended September 19, 2014, effective 1/1/2015, 44 Pa.B. 5969; amended September 25, 2015, effective 1/1/2016, 45 Pa.B. 5788; amended December 10, 2021, effective 1/1/2022, 51 Pa.B. 7691 and 7697.

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).

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).