Current through Register Vol. 54, No. 49, December 7, 2024
(a) The holder of a license described in this chapter or section 2903 of the code (relating to boat and new licenses for boundary lakes), shall file a monthly report with the Commission describing the licensee's daily catch for each grid fished during the period. When a trap net licensee holds multiple trap net licenses, the licensee shall only file one consolidated report each month for catches with all trap nets. Separate reports shall be filed for other types of licensed gear. Reports shall be made on forms furnished by the Commission and shall be received on or before the 5th day of the month following the month to which the report pertains. Reports shall be sent to the Fish and Boat Commission, Northwest Region Law Enforcement Office. (b) Whenever the Executive Director deems it necessary to provide for better protection and management of the Lake Erie fishery, the Executive Director may require that commercial licensees submit weekly or daily reports of their catches. A weekly report is due on or before noon of Wednesday of the week following the week to which the report pertains. A daily report is due by 4 p.m. of the day following the day to which it pertains. Licensees will be advised in writing of the requirement to submit weekly or daily reports. Weekly or daily reports shall be submitted to the same address as monthly reports.(c) It is unlawful for a licensee to fail to report accurately and in a timely manner matters required by this section. It is unlawful to fail to file a report for a specified period of time even if the licensee conducts no fishing activity during the time period.(d) If a report required by this section is not received by the Commission by the date when it is due, the Executive Director or a designee will issue an order directing the licensee to suspend fishing operations until the required report is submitted. It is unlawful for a licensee to fish in violation of an order from the Executive Director or a designee to suspend operations for failure to submit a report. The Executive Director or a designee may extend the deadline for receipt of a report of not more than 5 days for a monthly report, 3 days for a weekly report and 1 day for daily report-upon written application of the licensee showing good cause for the delay. This subsection does not limit prosecution for failure to submit timely and accurate reports or to limit the Commission from taking appropriate action in accordance with Chapter 51 Subchapter C (relating to suspension, denial or revocation of licenses, permits, registrations or privileges) when a licensee is convicted of a violation of statute or regulations.(e) Information contained in reports submitted under this section may be used for governmental purposes by the Commission and other agencies. Information contained in the reports will not be released to the public without the consent of the licensee except as may be required in compliance actions and prosecutions for violation of reporting requirements or as otherwise required by law.(f) At least one copy of the monthly report shall be kept on the boat and be available for inspection and review by an officer authorized to enforce the code or this part. This report form shall be updated by the captain or principal operator on a daily basis. Information entered on this report shall be complete, up-to-date and accurately reflect daily catches for the month.(g) The holder of a license described in this chapter or section 2903 of the code shall estimate the weight of the daily catch before landing and document this information on forms provided by the Commission.The provisions of this § 69.26 amended March 6, 1992, effective 3/7/1992, 22 Pa.B. 949; amended March 7, 1997, effective 3/8/1997, 27 Pa.B. 1155; amended March 23, 2012, effective 3/24/2012, 42 Pa.B. 1502.The provisions of this § 69.26 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2903.