Current through Register Vol. 54, No. 36, September 7, 2024
Section 69.23 - Responsibility of licensees(a) Licensees shall personally sign and attest to all reports required by this chapter or by statute.(b) Trap net licensees are personally responsible for, and shall be physically present during, the day-to-day operation of gear licensed under this chapter and section 2903 of the code (relating to boat and net licenses for boundary lakes). Day-to-day operation of gear includes setting, lifting, pulling and cleaning of nets and the sorting and landing of catch. If exigent circumstances preclude the physical presence of the licensee during the day-to-day operation of gear, the licensee shall notify in advance the Northwest Region Law Enforcement Office.(c) Seine net licensees are personally responsible for the day-to-day operation of gear licensed under this chapter and section 2903 of the code. The seine net licensee, agent or employee of a licensee may conduct day-to-day operation of the licensed seine net. Day-to-day operation of gear includes setting, pulling and cleaning of the seine net and the sorting and landing of catch.(d) A licensee shall prove to the satisfaction of the Commission that the licensee is responsible to carry out the obligations of the license. The proof shall consist of the following: (1) For the first year of application for a license, the applicant shall show proof of ownership or lease of gear authorized for license under this chapter and section 2903 of the code.(2) For the second and subsequent years, the trap net licensee shall show proof of at least 50 days of commercial fishing with the licensed gear in the Commonwealth waters of Lake Erie in the previous year.(3) For the second and subsequent years, the seine net licensee shall show proof of at least 10 days of commercial fishing with the licensed gear in the Commonwealth waters of Lake Erie including Presque Isle Bay in the previous year.(e) A licensee that fails to show proof of the required minimum number of days of commercial fishing with the licensed gear may not be eligible for renewal of the license for the next year.The provisions of this §69.23 amended March 7, 1997, effective 3/8/1997, 27 Pa.B. 1155; amended March 23, 2012, effective 3/24/2012, 42 Pa.B. 1502.The provisions of this §69.23 amended under the Fish and Boat Code, 30 Pa.C.S. § 2903.