Pennsylvania Act 2004-159 — FISH CODE (30 PA.C.S.) - AUDITING AND REPORTING, CLASSES OF FISHING LICENSES, PERMITS RELATED TO FISHING, FISHING LICENSE FEES AND BOAT REGISTRATION FEES

Act text

FISH CODE (30 PA.C.S.) - AUDITING AND REPORTING, CLASSES OF FISHING
   LICENSES, PERMITS RELATED TO FISHING, FISHING LICENSE FEES AND BOAT
                            REGISTRATION FEES
                 Act of Nov. 29, 2004, P.L. 1286, No. 159             Cl. 30
                             Session of 2004
                               No. 2004-159

     HB 2155

                                  AN ACT

     Amending Title 30 (Fish) of the Pennsylvania Consolidated
        Statutes, providing for auditing and reporting; and further
        providing for classes of fishing licenses, permits related to
        fishing, fishing license fees and boat registration fees.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 30 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 503.  Auditing and reporting requirements.
        (a)  Performance audit.--A performance audit of the
     commission for the concluding fiscal year shall be conducted by
     the Legislative Budget and Finance Committee and shall be
     submitted to the Game and Fisheries Committee and the
     Appropriations Committee of the Senate and the Game and
     Fisheries Committee and the Appropriations Committee of the
     House of Representatives no later than July 1, 2007. After July
     1, 2007, the Legislative Budget and Finance Committee shall
     conduct a performance audit of the commission every three years
     no later than July 1.
        (b)  Annual report to General Assembly.--No later than
     January 31 of each year the commission through its executive
     director shall submit an annual written report to the Game and
     Fisheries Committee and the Appropriations Committee of the
     Senate and the Game and Fisheries Committee and the
     Appropriations Committee of the House of Representatives which
     shall include the complete budget for the current fiscal year
     and for the next fiscal year. The commission shall meet with the
     specified committees of the General Assembly to receive oral
     testimony in relation to the annual written reports when so
     requested.
        Section 2.  Section 2702(a) of Title 30 is amended to read:
      § 2702.  Nonresident and tourist licenses.
        (a)  Nonresident annual licenses.--For the purposes of this
     chapter, any person who does not purchase a resident fishing
     license under section 2701 (relating to resident fishing
     licenses) is eligible for a "Nonresident Annual Fishing License"
     when the person:
            (1)  Has applied to an issuing agent or to the
        commission.
            (2)  Has paid the issuing agent or the commission a
        license fee and issuing agent fee set forth in section 2715
        (relating to license, permit and issuing agent fees).
        * * *
        Section 3.  Title 30 is amended by adding a section to read:
      § 2702.1.  One-day fishing license.
        (a)  General rule.--A person required to have a fishing
     license under section 2701 (relating to resident fishing
     licenses) may fish in any waters of this Commonwealth or in any
     boundary waters for a period not to exceed one calendar day
     (12:01 a.m. to midnight) with a One-Day Fishing License upon
     payment of a license fee and issuing agent fee set forth in
     section 2715 (relating to license, permit and issuing agent
     fees).
        (b)  Limitation on issue.--One-Day Fishing Licenses shall not
     be issued for fishing during the period from April 1 to April 30
     of any year.
        (c)  Additional stamps and permits required.--Holders of One-
     Day Fishing Licenses shall obtain all required special permits,
     including trout/salmon permits to fish for trout or salmon and
     special permits to fish in Lake Erie and tributaries.
        Section 4.  Sections 2703(a), 2715, 2904(b) and 2907.2 of
     Title 30 are amended to read:
      § 2703.  Possession and display of licenses.
        (a)  General rule.--No person 16 years of age or older shall
     fish in any of the waters of this Commonwealth or in any
     boundary waters without first procuring the proper license
     required by this chapter. The license shall be kept about the
     person while fishing and shown upon the request of any waterways
     [patrolman] conservation officer or other officer designated by
     the commission. In addition to showing the license to the
     officer, the holder thereof shall, upon demand, establish his
     further identity to the satisfaction of the officer by producing
     some other positive means of identification. The commission may
     promulgate rules and regulations for the displaying of the
     license certificate, license button or other device, as it deems
     necessary.
        * * *
      § 2715.  License, permit and issuing agent fees.
        (a)  License fees.--The following fees apply to fishing
     licenses issued under this chapter and shall be paid into the
     Fish Fund:
            (1)  Resident Annual Fishing License, [$16.25] $21.
            (2)  Senior Resident Annual Fishing License, [$3.25] $10.
            (3)  Senior Resident Lifetime Fishing License, [$15.25]
        $50.
            (4)  Nonresident Annual Fishing License, [$34.25] $51.
            (5)  Seven-Day Tourist Fishing License, [$29.25] $33.
            (6)  Three-Day Tourist Fishing License, [$14.25] $25.
            (6.1)  One-Day Fishing License, $10.
            (7)  Replacement Fishing License, $4.25.
        (a.1)  Permit fees.--Except as otherwise provided in this
     title, the following fees apply to permits related to fish and
     fishing and shall be paid into the Fish Fund:
            (1)  Trout/salmon permits, $8.
            (2)  Resident charter boat/fishing guide permit, $100.
            (3)  Nonresident charter boat/fishing guide permit, $400.
            (4)  Special permit to fish in Lake Erie and tributaries,
        $8.
            (5)  Combination trout/salmon permit and Lake Erie
        permit, $14.
        (b)  Issuing agent fees.--The [following] issuing agent [fees
     shall] fee to be retained by the issuing agent as provided in
     section 2711 (relating to issuing agents)[:
            (1)  Issuing agent fee] for fishing licenses [listed in
        subsection (a), 75¢.
            (2)  Issuing agent fee for special permits, stamps and
        other fishing permits not listed in subsection (a), 50¢.] and
        permits shall be $1.
      § 2904.  Permits for protection and management of particular
                fish.
        * * *
        (b)  Limit on fees.--The [commission shall not establish a
     fee in excess of $5] fee per permit for taking, catching,
     killing, possession, introduction, removal, importing, exporting
     or disturbing of trout and salmon[.] is established in section
     2715 (relating to license, permit and issuing agent fees).
        * * *
      § 2907.2.  Lake Erie fishing permits.
        (a)  Permit required.--[On and after January 1, 1995, no] No
     person shall fish in the Pennsylvania waters of Lake Erie,
     Presque Isle Bay and their tributaries without first procuring
     an annual special permit for such fishing or the combination
     trout/salmon/Lake Erie permit.
        (b)  Fee.--The annual fee and the issuing agent fee for the
     special permit issued in this section shall be [$3 plus a
     service fee of 50¢ for the issuing agent.] as provided in
     section 2715 (relating to license, permit and issuing agent
     fees).
        (c)  Exemptions.--Persons entitled to free fishing licenses
     under section 2707 (relating to disabled veterans) and persons
     exempt from fishing license requirements under Chapter 27
     (relating to fishing licenses) are exempt from the requirements
     of this section. Holders of Senior Resident Lifetime Fishing
     Licenses issued under section 2701 (relating to resident fishing
     licenses) shall meet the requirements of this section by
     purchasing one annual special permit which shall be valid for
     the licensee's lifetime.
        (d)  Regulations.--The commission may promulgate regulations
     for the display of the special permit and manner in which it may
     be affixed to the fishing license or carried with the licensee.
        (e)  Penalty.--Any person violating the provisions of this
     section or the regulations promulgated hereunder commits a
     summary offense of the third degree.
        [(f)  Proceeds from special permit.--The proceeds from the
     special permits issued under this section shall be deposited
     into a restricted account within the Fish Fund, which account
     shall be used for paying recompense to holders of gill net
     licenses for boundary lakes as provided in section 2903(h)
     (relating to gill nets) and for the costs of administering the
     recompense and special permit programs. The holders of gill net
     licenses shall have until July 10, 2002, and no later to accept
     the recompense payment calculated as provided in section
     2903(h). The balance in the restricted account shall be used to
     acquire property and to provide public fishing access on or at
     Lake Erie, its tributaries and Presque Isle Bay.
        (g)  Termination of permit requirement.--The special permit
     program established by this section shall terminate when the
     commission determines that sufficient funds have been raised to
     defray the recompense and special permit program costs, provided
     that in no event shall special permits be required on or after
     January 1, 2001.
        (h)  Accounting.--The commission shall provide an annual
     accounting of the permit program to the Committee on Game and
     Fisheries in the Senate and the Committee on Game and Fisheries
     in the House of Representatives.]
        (f.1)  Lake Erie permits.--The proceeds from the fees for the
     special Lake Erie fishing permits as provided for under section
     2715(a.1)(4) (relating to license, permit and issuing agent
     fees) and $6 of the fees for the combination trout/salmon
     permits and Lake Erie permits as provided for under section
     2715(a.1)(5) shall be deposited into a restricted account within
     the Fish Fund for five years. The restricted account shall be
     used to provide public fishing access on or at Lake Erie and the
     watersheds of Lake Erie.
        Section 5.  Title 30 is amended by adding a section to read:
      § 2907.3.  Fishing guide and charter boat permits.
        (a)  General rule.--It is unlawful for any person to operate
     a charter boat or fishing guide operation on the waters of this
     Commonwealth without first obtaining a charter boat/fishing
     guide permit from the commission and paying the fee specified in
     section 2715 (relating to license, permit and issuing agent
     fees).
        (b)  Issuing agent status.--Holders of charter boat/fishing
     guide permits may be designated as special issuing agents for
     the purpose of selling to their customers One-Day Fishing
     Licenses, Three-Day Tourist Fishing Licenses, Seven-Day Tourist
     Fishing Licenses and trout/salmon permits and special permits
     for fishing Lake Erie and tributaries for the fees specified in
     section 2715.
        (c)  Penalties.--Any person who operates as a fishing guide
     or operates a charter boat on the waters of this Commonwealth
     without first obtaining the necessary permit commits a summary
     offense of the first degree and shall, in addition to any other
     fine or penalty, pay an additional fine equal to two times the
     charter boat/fishing guide permit required of that person. Any
     person violating any other provision of this section or any rule
     or regulation promulgated under this section commits a summary
     offense of the second degree.
        (d)  Regulations.--The commission may promulgate rules and
     regulations for fishing guides and charter boats.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Charter boat."  A boat operated as a commercial enterprise
     which carries passengers for hire for the purpose of fishing on
     the waters of this Commonwealth.
        "Commercial enterprise."  An operation where a person
     provides fishing guide or charter boat services in exchange for
     any consideration, including money, goods or services.
        "Fishing guide."  A person who operates a commercial
     enterprise whereby he guides or leads other persons for the
     purpose of fishing on the waters of this Commonwealth.
        Section 6.  Section 5104 of Title 30 is amended to read:
      § 5104.  Fees.
        (a)  General rule.--The following fees apply to
     registrations, licenses, permits and capacity plates and
     certificates issued under this part and the fees collected shall
     be deposited in the State Treasury in the Boat Fund:
            (1)  Owner registration (motorboats less than 16 feet in
        length), [$10] $13 per year.
            (2)  Owner registration (motorboats 16 feet to less than
        20 feet), [$15] $19.50 per year.
            (2.1)  Owner registration (motorboats 20 feet or longer),
        [$20 per year.] $26 per year.
            [(2.2)  Owner registration (boats not equipped with
        motors), $5 per year.]
            (2.2)  Owner registration (boats not equipped with
        motors), $9 per year or as fixed under subsection (b).
            (3)  Duplicate owner registration, $3 each.
            (4)  Dealer registration, $15 each per year.
            (5)  Commercial passenger boat registration, $25 each.
            (6)  License for operator of passenger-carrying boat, $5
        each.
            (7)  Capacity plate, $5 each.
            (8)  Transfer of a multi-year boat registration, $5.
            (9)  Permit for floating structure and private aids to
        navigation, $10 each.
            (10)  Boating safety education certificate, $10.
            (11)  Replacement boating safety education certificate,
        $5.
        (b)  Fee adjustment for nonpowered boats.--The fee for owner
     registration for boats not equipped with motors specified in
     subsection (a)(2.2) shall be adjusted from time to time to
     remain equal to the fees charged by the Department of
     Conservation and Natural Resources for boat launch permits for
     State park lakes.
        Section 7.  This act shall apply to all fees for licenses and
     permits issued on or after January 1, 2005.
        Section 8.  This act shall take effect immediately.

     APPROVED--The 29th day of November, A. D. 2004.

     EDWARD G. RENDELL