1. (a) It is unlawful to take, catch, kill or possess fish, except during the seasons specified in this section. However, 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.
2. (b) It is unlawful to take, catch, kill or possess fish of less than the minimum size specified in this section. However, 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.

3. (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. (1) A person may possess any number of lawfully caught fish at the person’s residence.
   2. (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. (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. (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. 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. (5) Fish may be given to another person, but the fish shall be counted in the donor’s creel limit and neither donor nor recipient may kill or possess (while in the act of fishing) more than the limit allowed.

4. (d) The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:

   		MINIMUM	DAILY
   SPECIES	SEASONS	SIZE	LIMIT
   All Species of Trout and Salmon	Open year-round	No minimum	2 (combined species)
   BASS Largemouth Smallmouth	January 1 until midnight last day of February and 12:01 a.m., June 16 until December 31	12 inches	5 (combined species)
   PIKE Northern	Open year-round	30 inches	2 (combined species)
   WALLEYE	Open year-round	15 inches	5
   MUSKELLUNGE and MUSKELLUNGE HYBRIDS	Open year-round	36 inches	1
   PICKEREL	Open year-round	14 inches	5
   STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDS	Open year-round	18 inches	2 (combined species), only one of which may exceed 30 inches in length
   AMERICAN and HICKORY SHAD	Closed (No open season)	Closed	0
   RIVER HERRING (alewife and blueback herring)	Closed (no open season)	Closed	0
   SUNFISH (BLUE GILL and ROCK BASS)	Open year-round	No minimum	15 (combined species)
   CRAPPIES	Open year-round	No minimum	15
   CARP	Open year-round	No minimum	15
   CHANNEL CATFISH	Open year-round	No minimum	5
   SUCKERS	Open year-round	No minimum	30
   AMERICAN EEL	Open year-round	9 inches	25
   YELLOW PERCH	Open year-round	No minimum	No daily limit
   BAIT FISH FISH BAIT, except American eel, mussels/clams and crayfish	Open year-round	No minimum	35
   ALL OTHER FISH SPECIES	Open year-round	No mimimum	No daily limit
   BIVALVES/SHELLFISH (Mussels/Clams)	Closed (no open season)	Closed	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.

Authority

The provisions of this § 61.4 amended under the Fish and Boat Code, 30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124.

Source

The provisions of this § 61.4 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 739; amended March 10, 1995, effective March 11, 1995, 25 Pa.B. 834; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended March 7, 1997, effective March 8, 1997, 27 Pa.B. 1155; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended August 31, 2007, effective January 1, 2008, 37 Pa.B. 4752; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336. Immediately preceding text appears at serial pages (372599) to (372601).

Cross References

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters); and 58 Pa. Code § 61.7 (relating to Susquehanna River and tributaries).