§2708.1. Farmlands open to public fishing.

(a) Fishing agricultural lands without license.--Unless the privilege to fish has been denied, any person domiciled within this Commonwealth who has reached his 16th birthday and, except for payment of any fee, meets the requirements prescribed in section 2701 (relating to resident fishing licenses) and, as a primary means of gaining a livelihood, is regularly and continuously engaged in cultivating the soil for general farm crop purposes, commercial truck growing, commercial orchards or commercial nurseries, as either the owner, lessee or tenant of these lands, or as a member of the family or household, or regularly hired help of the owner, lessee or tenant, shall be eligible to fish on lakes and ponds located wholly within said lands and in rivers and streams open to free public fishing flowing through these lands, including the woodlands connected therewith and operated as a part thereof, without a fishing license as required in this title. Any person eligible to fish on these lands without securing the required license may also, by and with the written consent of the owner or lessee thereof, fish upon any lands other than those publicly owned which lie immediately adjacent to and are connected with the lands upon which these persons may lawfully fish without securing a license.

(b) Reduced fee license.--A resident owner or possessor of land comprising greater than 80 contiguous acres farmed under a conservation plan which does not conflict with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, and which meets the requirements of 25 Pa. Code Ch. 102 (relating to erosion control) and which has a stream, creek or river of at least 200 linear feet in length flowing through or a lake or pond of at least one-half acre in area on this land if that person permits free public fishing shall, if that person desires to fish in waters located off that property, be issued a resident fishing license at one-half the regular fee upon application to the commission. The license shall be issued to the owner or possessor or an immediate family member of either the owner or possessor living in the same household so designated by the owner or possessor in the case of a single owner or possessor and to the individual so designated in the case of more than one owner or possessor. No person shall be issued a fishing license under this subsection unless the person is 16 years of age or older, has met the requirements prescribed in section 2701 and has not been denied the privilege to fish. A person entitled to receive a fishing license under this subsection shall certify to the commission in the form and manner prescribed by the commission that the land tract that person owns or possesses is presently in the ownership or possession of that person and that the waters described are open to free public fishing.

(c) Definition.--As used in this section, the term "person" shall be limited to any person cultivating, as a primary means of gaining a livelihood, any lands for general or specialized crop purposes, truck farming or fruit orchard or nursery being regularly maintained, as either the owner, lessee or a member of the family of the owner or lessee assisting with the cultivation of the land, or a domiciled member of the household of the owner or lessee or an employee of the owner or lessee, regularly and continuously assisting in the cultivation of the land.

(Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)

Notation

1999 Amendment.  Act 41 added section 2708.1.