58 Pa. Code § 61.2

Current through Register Vol. 54, No. 49, December 7, 2024

Section 61.2 - [Effective 1/1/2025] Delaware River, West Branch Delaware River and River Estuary

(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 or greater than the maximum size specified in this section. It is not a violation of this section if an undersized or oversized 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) A fish caught that is not to be counted in the creel limit shall be immediately released unharmed into the water from which it was 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 the donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

(d) It is unlawful to fish with bait for any species of fish in the tidal Delaware Estuary, including tributaries from the mouths of the tributaries upstream to the limit of tidal influence using any hook type other than a non-offset (in-line) circle hook. The definition of a non-offset (in-line) circle hook is a single, non-offset hook where the point is pointed perpendicularly back towards the shank. The term "non-offset" means the point and the barb are in the same plane as the shank. For purposes of this section, a non-offset (in-line) circle hook is considered a fishing device with no more than one point or barb.

(d.1) It is unlawful for any person to gaff or attempt to gaff any striped bass at any time when fishing.

(d.2) Except as follows, it is unlawful to possess a striped bass in any form or condition other than in the whole or having the entrails removed while on shore, along the waters of this Commonwealth, onboard a boat or on a dock, pier, launch area or a parking lot adjacent thereto:

(1) Striped bass may be processed fully if they are being prepared for immediate consumption.

(2) Provided that the requirements of this paragraph are met, striped bass may be processed by a permitted charter boat or fishing guide operation. The charter boat operator or fishing guide may fully process the striped bass at any time provided that there are no more than two fillets per striped bass (cutting the fillets into pieces, also known as chunking, is prohibited) and the charter boat operator or fishing guide retains the carcass until possession of the striped bass is transferred to the customer on shore. The charter boat operator or fishing guide shall give the customer who receives the processed striped bass a signed, dated receipt on the form prescribed by the Commission.

(e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
TROUT		8 a.m., first Saturday after April 11 to midnight, October 15		North of I-84: 14 inches	North of I-84: 1 (combined species)
South of I-84: no minimum	South of I-84: 5 (combined species)
		West Branch Delaware River:* 12 inches	West Branch Delaware River:* 2 (combined species)
AMERICAN EEL	Open year-round	9 inches	25
AMERICAN EEL (as baitfish)	Open year-round	6 inches to 8 inches	50
BASS Largemouth and Smallmouth	January 1 to midnight the day before the first Saturday after April 11 and 12:01 a.m. the first Saturday after June 11 to midnight December 31	12 inches	5 (combined species)
	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
MUSKELLUNGE and MUSKELLUNGE HYBRIDS	Open year-round	40 inches	1
PICKEREL		12 inches	5
WALLEYE	Open year-round on the portion of the Delaware River between New Jersey and Pennsylvania; January 1 until midnight, March 14 and 12:01 a.m. first Saturday in May until midnight December 31, on the portion of the Delaware River between New York and Pennsylvania.	18 inches	3
AMERICAN SHAD	Open year-round	No minimum	2
HICKORY SHAD	Closed year-round		0
RIVER HERRING (alewife and blueback herring)	Closed year-round		0
STRIPED BASS and HYBRID STRIPED BASS			From Pennsylvania line upstream to Calhoun Street Bridge: January 1 until March 31 and June 1 until December 31.	28 to less than 31 inches	1
			April 1 through May 31	22 to less than 26 inches	1
			From Calhoun Street Bridge upstream: open year-round	28 to less than 31 inches	1
April 1 through May 31	21 to less than 24 inches	2
From Calhoun Street Bridge upstream: open year-round	28 inches	1
STURGEON	No open season: Endangered Species
BAIT FISH FISH BAIT, except American eel and mussels/clams and crayfish	Open year-round	No minimum	50 (combined species)
MUSSELS/CLAMS	Closed year-round		0
BLUE CRAB**	Open year-round	Hard shell: 4 inches measured point to point. Soft shell: 3.5 inches measured point to point	1 bushel (combined species)
PIKE Northern	Open year-round	24 inches	2
OTHER SPECIES	Inland seasons, size and creel limits apply except for waters under special regulations (See Chapter 65). See 61.1 (relating to Commonwealth inland waters).
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.

*A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 1 to midnight on the Friday before the first Saturday after April 11.

See 65.24. **It is unlawful for any person to possess a female crab bearing eggs from which the egg pouch or bunion has been removed.

58 Pa. Code § 61.2

The provisions of this § 61.2 amended December 28, 1984, effective 12/29/1984, 14 Pa.B. 4691; amended March 13, 1987, effective 3/14/1987, 17 Pa.B. 1088; amended April 29, 1988, effective 4/30/1988, 18 Pa.B. 2030; amended December 14, 1990, effective 12/15/1990, 20 Pa.B. 6182; amended February 1, 1991, effective 2/2/1991, 21 Pa.B. 422; amended February 8, 1991, effective 2/9/1991, 21 Pa.B. 498; amended September 6, 1991, effective 9/7/1991, 21 Pa.B. 3990; amended March 10, 1995, effective 3/11/1995, 25 Pa.B. 834; amended April 12, 1996, effective 4/13/1996, 26 Pa.B. 1706; amended November 22, 1996, effective 1/1/1997, 26 Pa.B. 5701; 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 February 12, 1999, effective 2/13/1999, 29 Pa.B. 819; amended June 15, 2001, effective, January 1, 2002, 31 Pa.B. 3205; amended March 7, 2003, effective 3/8/2003, 33 Pa.B. 1229; amended November 21, 2003, effective 1/4/2004, 33 Pa.B. 5705; amended September 9, 2005, effective 1/1/2006, 35 Pa.B. 5007; amended September 22, 2006, effective 1/1/2007, 36 Pa.B. 5872; amended August 31, 2007, effective 1/1/2008; amended March 6, 2009, effective 4/1/2009, 39 Pa.B. 1201; amended January 8, 2010, effective 1/9/2010, 40 Pa.B. 254; 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 December 6, 2013, effective 1/1/2014, 43 Pa.B. 7084

Amended by Pennsylvania Bulletin, Vol 44, No. 32. August 9, 2014, effective 8/9/2014

Amended by Pennsylvania Bulletin, Vol 44, No. 27. July 5, 2014, effective 1/1/2015

Amended by Pennsylvania Bulletin, Vol 45, No. 39. September 26, 2015, effective 1/1/2016

Amended by Pennsylvania Bulletin, Vol 45, No. 47. November 21, 2015, effective 1/1/2016

Amended January 22, 2021, effective 1/23/2021, 51 Pa.B. 428

Amended December 10, 2021, effective 1/1/2022, 51 Pa.B. 7691 and 7697

Amended September 16, 2022, effective 1/1/2023, 52 Pa.B. 5946

Amended by Pennsylvania Bulletin, Vol 52, No. 38. September 17, 2022, effective 1/1/2023

Amended by Pennsylvania Bulletin, Vol 52, No. 49. December 3, 2022, effective 1/1/2023

Amended by Pennsylvania Bulletin, Vol 54, No. 48. November 30, 2024, effective 1/1/2025

The provisions of this § 61.2 issued under 30 Pa.C.S. §§ 305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124; amended under 30 Pa.C.S. § 2102; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).