Current through Register Vol. 54, No. 36, September 7, 2024
Section 69.33 - Use of commercial trap nets(a)Size. Trap nets, cribs and associated leads shall be constructed of twine not lighter than number 12 thread/cord. A trap net lead or lifting crib with a mesh in violation of this section, whether being fished or held in possession, shall be subject to confiscation by the Commission.(b)Species. A commercial trap net licensee may not possess or sell a fish except in compliance with the following size limits and seasons. The following size limits apply to commercial trap net licensees except that 5% of each licensee's daily catch by number per species may be undersized fish that may be lawfully sold: | Species | Size Limit | Season |
| Yellow perch (Perca flavescens) | None | No closed season until the total allowable catch is taken. See § 69.31 (relating to seasons). |
| Walleye (Stizostedion vitreum) | 15 inches | January 1 to March 14 and May 1 to December 31. This season will close when the total allowable catch for walleye is taken. See § 69.31. |
| White fish (Coregonus spp.) | 17 inches | No closed season |
| White perch (Morone americana) | No size limit | No closed season |
| Cisco (Coregonus spp. except C. artedii) | No size limit | No closed season |
| White bass (Morone chrysops) | No size limit | No closed season |
| Burbot (Lota lota) | No size limit | No closed season |
| Sheepshead (Aplodinotus grunniens) | No size limit | No closed season |
| Gizzard shad (Dorosoma cepedianum) | No size limit | No closed season |
| Goldfish (Carassius auratus) | No size limit | No closed season |
| Lake whitefish (Coregonus clupeaformis) | No size limit | No closed season |
| Brown bullhead (Ictalurus nebulosus) | No size limit | No closed season |
| Yellow bullhead (Ictalurus natalis) | No size limit | No closed season |
| Rainbow smelt (Osmerus mordax) | No size limit | No closed season |
| Channel catfish (Ictalurus punctatus) | No size limit | No closed season |
| Suckers (Carpides sp., Catostomus sp., Ictiobus sp. and Moxmostoma sp.) | No size limit | No closed season |
| Carp (Cyprinus carpio) | No size limit | No closed season |
(c)Buoys/tags. Marker buoys shall be attached to the beginning of each lead and to the back of the crib. A staff extending 8 feet above the water with a minimum size flag of 18 inches by 18 inches secured near the top shall be attached to the anchor for the beginning of the lead and a staff extending 8 feet above the water with 2 minimum size flags of 18 inches by 18 inches (double flags) shall be attached to the anchor for the crib. The licensee shall affix a metal, numbered tag provided by the Commission to each of the required staffs showing the name and address of the owner or the lessee. Licensees shall report a seal that is lost, misplaced or stolen orally within 24 hours of discovery and in writing to the Commission at Northwest Law Enforcement Region within 2 business days. Improperly marked or tagged nets shall be subject to confiscation by the Commission. Officers authorized to enforce the code and this part may mark trap nets for the purpose of determining the number of trap nets being used by a particular licensee.(d)Restricted period. From January 1 through June 15, no part of a trap net may be set within 0.5 miles of Lake Erie shoreline, except between longitudes 80°00" and 80°10" where no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline. From June 16 through December 31, no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline.(e)Restricted waters. The use of trap nets to harvest yellow perch from Lake Erie will be prohibited from an area bound on the west by the 80°00" longitudinal line and on the east at the Commonwealth/New York border (79°45'43") and on the south by the Lake Erie shoreline and on the north by the international border between the Commonwealth and Ontario, Canada.(f)Time. Trap nets may be fished 24 hours a day, but it is unlawful to set or lift them during the period from 30 minutes after sunset to 30 minutes before sunrise. Trap nets may be set or fished, or both, from March 1 to November 30.(g)Description of trap net. (1) In the most general sense, a trap net is a compartmentalized trap, consisting of a lead, heart, tunnel and crib with wings and funnels. Fish are entrapped in the crib by swimming along a lead which directs the animal progressively through the heart, tunnel and into the crib. The netting and webbing which make up the crib shall be a single sheet external panel, subject to mesh size regulation to allow small, young fish a means of escape.(2) A trap net fishing device is designed to catch fish by impoundment. Fish caught by impoundment remain alive and swimming for an extended period while confined within the trap net crib. The elements of netting, webbing and twine (thread) size (diameter) used in the construction of a trap net shall be of design and dimension that will discourage, prohibit and preclude the enmeshing and entanglement of fish in the netting of any part of the trap net device. The netting of the crib shall be constructed as a single panel or sheet of webbing. Lawful trap nets may not have liners or covers which would make the external crib webbing two or more sheets in thickness.(3) As used in this chapter, the term "trap net" includes hoop nets and fyke nets.(h)Setting or tending trap nets. A boat engaged in the setting or tending of trap nets shall comply with Navigation Rule 26 (United States Coast Guard) from the time the boat leaves the dock until it arrives back at the dock.The provisions of this §69.33 amended February 26, 1993, effective 2/27/1993, 23 Pa.B. 942; amended April 12, 1996, effective 4/13/1996, 26 Pa.B. 1706; 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 June 15, 2001, effective 1/1/2002, 31 Pa.B. 3205; amended December 12, 2003, effective 1/1/2004, 33 Pa.B. 6061; 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 April 10, 2009, effective 4/11/2009, 39 Pa.B. 1860; amended March 23, 2012, effective 3/24/2012, 42 Pa.B. 1502.The provisions of this §69.33 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2903.