§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 Resident Fishing Licenses, One-Day Tourist 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.

(Nov. 29, 2004, P.L.1286, No.159, eff. imd.; July 14, 2005, P.L.306, No.54, eff. imd.)

Notation

2005 Amendment.  Act 54 amended subsec. (b).

2004 Amendment.  Act 159 added section 2907.3. Section 7 of Act 159 provided that Act 159 shall apply to all fees for licenses and permits issued on or after January 1, 2005.