2709 - Exemptions from license requirements. - Pennsylvania Statutes

§ 2709. Exemptions from license requirements. (a) Licensed propagators.--No person now required by law to procure a license to propagate fish for sale shall be required, in addition, to secure a fishing license under this chapter in order to enable that person to exercise the rights conferred by the license. (b) Persons who are blind or have certain physical or mental impairments.--The provisions of this chapter do not apply to those persons who are totally blind or have such severe physical or mental impairments that they are unable to cast or retrieve a line or bait hooks and remove fish if only one legal device is used and the person who is blind or has physical or mental impairments as described in this section is within ten feet of the device being used. The provisions of this chapter also do not apply to the attendant of the person who is blind or has physical or mental impairments described in this section while assisting in using the device. (c) Landowners.--The provisions of this chapter do not apply to or prevent the owner of any land in this Commonwealth, who actually resides thereon throughout the year or the members of his family so residing thereon, from fishing on his lands in waters wholly within said land without a license. The exemption provided by this subsection does not apply to any person temporarily residing upon the land or any tenant thereon who is not a member of the family of the owner, nor does the exemption apply to any servant or employee of the owner. (d) Free fishing days.--The executive director, with the approval of the commission, may designate no more than two days (which may or may not be consecutive) in each year as free fishing days. The commission may designate the waters or categories of waters to which this exemption applies. (e) Students participating in biological field project.--A student enrolled in a secondary or undergraduate course of instruction shall not be required to possess a fishing license to gather specimens while participating in an educationally sponsored biological field project that is under the direct supervision of a high school or accredited institution of postsecondary education as long as the educational institution has applied for and received the written permission of the commission. (f) Military personnel.-- (1) The provisions of this chapter shall not apply to persons who satisfy all of the following: (i) Are residents of this Commonwealth. (ii) Are on active and full-time duty in the United States Armed Forces. (iii) Are assigned to a facility outside this Commonwealth. (iv) Are on temporary leave in this Commonwealth. (v) Have on their person while fishing evidence of Commonwealth residency, proof of their assignment to a facility outside this Commonwealth and a copy of their orders assigning them to temporary leave. (2) Such persons shall comply with the regulations of the commission. (June 21, 1984, P.L.429, No.88, eff. imd.; July 6, 1995, P.L.310, No.47, eff. Dec. 1, 1995; Dec. 20, 2000, P.L.828, No.115, eff. 60 days) 2000 Amendment. Act 115 added subsec. (f). 1995 Amendment. Act 47 amended subsec. (b) and added subsec. (e). 1984 Amendment. Act 88 added subsec. (d).