58 Pa. Code § 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.
Species, as listed in §§
75.1 and
75.2 (relating to endangered
species; and threatened species), encountered shall be released unharmed. 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 (Sander vitreus) | 15 inches | January 1 to March 14 and the first Saturday in May to December 31. This season will close when the total allowable catch for walleye is taken. See § 69.31. |
| White perch (Morone americana) | 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 |
| Freshwater Drum (Aplodinotus grunniens) | No size limit | No closed season |
| Gizzard shad (Dorosoma cepedianum) | 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 |
| Channel catfish (Ictalurus punctatus) | No size limit | No closed season |
| Suckers (Carpiodes spp., Catostomus commersonii, and Moxmostoma spp.) | 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. An orange buoy float ball with a minimum diameter
of 15 inches shall be attached to the anchor line of wing walls that are
attached to the trap. The licensee shall affix a metal, numbered tag provided
by the Commission to each of the traps and mark buoys and staffs with the tag
number. Licensees shall report vandalism to a trap net, a seal that is lost,
misplaced or stolen orally within 24 hours of discovery to the Commission at
Northwest Law Enforcement Region. Trap nets shall be properly tagged and marked
and buoys, floats, staffs and flag markings shall be in good serviceable
condition at all times. Trap nets not properly marked and maintained 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.
(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.
Notes
The provisions of this § 69.33 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2903.
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