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 a 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 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. (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.

4. (d) The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ‘‘North Branch’’ and other tributaries within the Susquehanna River Basin except the Conowingo Reservoir—see § 61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):

   SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
   AMERICAN and HICKORY SHAD and RIVER HERRING (alewife and blueback herring)	Closed (no open season)	Closed	0
   BASS Largemouth Smallmouth Spotted	Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir, see § 61.4 (relating to Conowingo Reservoir).
   OTHER SPECIES	Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir see § 61.4 (relating to Conowingo Reservoir).

Authority

The provisions of this § 61.7 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 5122—5124; amended under the Fish and Boat Code, 30 Pa.C.S. § 2102.

Source

The provisions of this § 61.7 amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 8, 1991, effective February 9, 1991, 21 Pa.B. 498; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6225; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4483; amended October 7, 2011, effective January 1, 2012, 41 Pa.B. 5365; amended September 25, 2015, effective January 1, 2016, 45 Pa.B. 5788. Immediately preceding text appears at serial pages (372951) to (372952) and (372603).

Cross References

This section cited in 58 Pa. Code § 61.1 (relating to Commonwealth inland waters).