1. (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.
2. (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.

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 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. 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. (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.
4. (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.
5. (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.

6. (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)
   	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.

Authority

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

Source

The provisions of this § 69.12 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended March 13, 1987, effective March 14, 1987, 17 Pa.B. 1084; amended February 3, 1989, effective February 4, 1989, 19 Pa.B. 405; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6182; amended April 12, 1996, effective April 13, 1996, 26 Pa.B. 1706; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5701; amended November 22, 1996, effective January 1, 1997, 26 Pa.B. 5711; amended April 18, 1997, effective April 19, 1997, 27 Pa.B. 1934; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5605; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5779; amended June 15, 2001, effective January 1, 2002, 31 Pa.B. 3205; amended September 27, 2002, effective December 1, 2002, 32 Pa.B. 4707; amended March 7, 2003, effective March 8, 2003, 33 Pa.B. 1230; amended December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061; amended November 24, 2004, effective January 1, 2005, 34 Pa.B. 6328; amended September 9, 2005, effective January 1, 2006, 35 Pa.B. 5007; amended September 9, 2005, effective September 10, 2005, 35 Pa.B. 5008; amended September 22, 2006, effective January 1, 2007, 36 Pa.B. 5872; amended April 10, 2009, effective April 11, 2009, 39 Pa.B. 1859; corrected December 11, 2009, effective April 11, 2009, 39 Pa.B. 7009; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7233; amended March 23, 2012, effective March 24, 2012, 42 Pa.B. 1502; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1766; amended July 3, 2014, effective January 1, 2015, 44 Pa.B. 4177; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5336; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1527; amended December 10, 2021, effective January 1, 2022, 51 Pa.B. 7697 and 7704. Immediately preceding text appears at serial pages (372610) and (401239) to (401241).

Cross References

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).