58 Pa. Code § 69.12

Current through Register Vol. 54, No. 45, November 9, 2024

Section 69.12 - Seasons, sizes and creel limits-Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula 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 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 taken. A fish that is injured or is bleeding as a result of being caught will not be considered unharmed and will be considered as part of a daily creel or possession limits. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournament 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 will 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 in or along any Lake Erie tributary stream from 12:01 a.m. on the Friday before the opening day of the regular season for trout until 8 a.m. on the opening day of the regular season for trout.

(e) It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream from 12:01 a.m. on the Friday before the opening day of the regular season for trout until 8 a.m. on the opening day of the regular season for trout.

(f) Except as otherwise provided in subsection (d) and (e) and this subpart, the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
MUSKELLUNGE and MUSKELLUNGE HYBRIDS	Inland seasons apply. See § 61.1 (relating to Commonwealth inland waters).	40 inches	1
PIKE Northern	Inland seasons apply. See § 61.1 (relating to Commonwealth inland waters).	24 inches	2
WALLEYE	January 1-March 14; and 12:01 a.m. first Saturday in May until midnight December 31	15 inches	Established annually by April 15**
BASS Largemouth Smallmouth	January 1 to second Saturday in April and second Saturday in June until December 31.	15 inches	4 (combined species)
Second Saturday in April until second Saturday in June.*	20 inches	1
BROOK and BROWN TROUT***	8 a.m. the opening day of the regular season for trout until midnight Labor Day.	9 inches	5 (combined species)
BROOK and BROWN TROUT***	12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the opening day of the regular season for trout.	15 inches	3 (combined species)
RAINBOW TROUT and SALMON***	8 a.m. the opening day of the regular season for trout until 12:01 a.m. the Friday before the opening day of the regular season for trout the following year.	15 inches	3 (combined species)
LAKE TROUT***	8 a.m. the opening day of the regular season for trout until 12:01 a.m. the Friday before the opening day of the regular season for trout the following year.	15 inches	2
STURGEON	No open season	ENDANGERED SPECIES
YELLOW PERCH	From December 1 through April 30	7 inches	Established annually by April 15**
From May 1 through November 30	None	Established annually by April 15*
SUNFISH, CRAPPIES, CATFISH, ROCK BASS, SUCKERS, EELS, CARP, WHITE BASS	Open year-round	None	50 (combined species)
BURBOT (when taken by hook and line)	Open year-round	None	5
BURBOT (when taken by scuba divers by use of nonmechanical spears or gigs at a depth of at least 60 feet)	June 1 to September 30	None	5
SMELT (when taken by hook and line)	Open year-round	None	None
AMERICAN EEL	Open year-round	9 inches	25
BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfish	Open year-round	None	50 (combined species)
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.
MUSSELS/CLAMS	Closed year-round	0
ALL OTHER SPECIES	Inland Regulations apply. (See § 61.1.)

* It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to fishing tournaments and fishing derbies)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from the second Saturday in April until the second Saturday in June.

** See § 69.12b (relating to Lake Erie walleye and yellow perch adaptive management for establishing daily limits). After the Executive Director establishes the daily limit for the year, the information will be posted on the Commission's web site and available from any Commission office.

*** The daily limit for all species of trout and salmon (combined) is 5 from 8 a.m. the opening day of the regular season for trout until midnight Labor Day. The daily limit for all species of trout and salmon (combined) is 3 per day from 12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the opening day of the regular season for trout.

58 Pa. Code § 69.12

The provisions of this §69.12 amended December 28, 1984, effective 12/29/1984, 14 Pa.B. 4691; amended March 13, 1987, effective 3/14/1987, 17 Pa.B. 1084; amended February 3, 1989, effective 2/4/1989, 19 Pa.B. 405; amended December 14, 1990, effective 12/15/1990, 20 Pa.B. 6182; 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 November 22, 1996, effective 1/1/1997, 26 Pa.B. 5711; amended April 18, 1997, effective 4/19/1997, 27 Pa.B. 1934; amended October 31, 1997, effective 11/1/1997, 27 Pa.B. 5605; amended November 7, 1997, effective 11/8/1997, 27 Pa.B. 5779; amended June 15, 2001, effective 1/1/2002, 31 Pa.B. 3205; amended September 27, 2002, effective 12/1/2002, 32 Pa.B. 4707; amended March 7, 2003, effective 3/8/2003, 33 Pa.B. 1230; amended December 12, 2003, effective 1/1/2004, 33 Pa.B. 6061; amended November 24, 2004, effective 1/1/2005, 34 Pa.B. 6328; amended September 9, 2005, effective 1/1/2006, 35 Pa.B. 5007; amended September 9, 2005, effective 9/10/2005, 35 Pa.B. 5008; amended September 22, 2006, effective 1/1/2007, 36 Pa.B. 5872; amended April 10, 2009, effective 4/11/2009, 39 Pa.B. 1859; corrected December 11, 2009, effective 4/11/2009, 39 Pa.B. 7009; amended December 17, 2010, effective 12/18/2010, 40 Pa.B. 7233; amended March 23, 2012, effective 3/24/2012, 42 Pa.B. 1502; amended March 21, 2014, effective 3/22/2014, 44 Pa.B. 1766; 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 March 13, 2020, effective 3/14/2020, 50 Pa.B. 1527; amended December 10, 2021, effective 1/1/2022, 51 Pa.B. 7697 and 7704.

The provisions of this §69.12 issued under the Fish and Boat Code, 30 Pa.C.S. §§ 305, 322, 741, 928, 2102, 2307, 2711 and 5122-5124; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102; and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

This section cited in 58 Pa. Code § 69.19 (relating to permit for the use of cast nets, throw nets or dip nets by sport anglers).