4221 - Activities under registration for artificial propagation.

     § 4221.  Activities under registration for artificial                propagation.        (a)  Sale of certain species.--            (1)  Only species of fish approved for propagation and        stocking under section 4219 (relating to permissible        propagation) taken from waters wholly within this        Commonwealth or legally taken in waters outside of this        Commonwealth and received in interstate commerce are        permitted to be purchased, sold or offered for sale.            (2)  A registrant selling species of fish shall furnish        to the consumer a receipt specifying the date of sale,        identification of the registered facility and the amount of        species sold by count or weight. The holder of the receipt        must display it upon demand to anyone authorized to enforce        laws of this Commonwealth. The receipt authorizes sale or        possession of the purchased species for a period of 15 days        after the date on the receipt. The period of 15 days,        however, is inapplicable to species stocked in regulated        fishing areas as well as ornamental, aquarium and baitfish        species which may be held by dealers until disposed.        (b)  Water obstruction.--A person registered under section     4220 (relating to registration for artificial propagation) must     obtain prior written approval from the Department of     Environmental Protection to erect or place a dam, pond or other     device which will prevent the free migration of finfish. This     subsection permits dams, ponds and other devices erected prior     to January 1, 1980, and used continuously since then to be     maintained.        (c)  Authorized activities by registrants.--Registration     under section 4220 authorizes the registrant to:            (1)  carry on the business of propagation and sale of        species of fish and eggs thereof which are specified in the        registration;            (2)  catch and kill the specified species of fish in the        specified facility or facilities in the registration by any        means except explosives or poison; and            (3)  sell, transport or dispose of species of fish and        eggs thereof which are specified in the registration. Public        transportation companies are authorized to receive and        transport species and eggs.        (d)  Unauthorized activities by registrants.--            (1)  Registration under section 4220 does not authorize        registrants to catch species of fish out of natural streams        flowing over property of a registrant nor from other waters        within this Commonwealth. Transportation of species of fish        neither cultivated nor purchased by the registrant is not        permitted.            (2)  Species of fish or eggs thereof taken from waters        within this Commonwealth unoccupied, unowned or uncontrolled        by a registrant and uncovered by his registration shall        neither be stocked nor maintained in any manner. This        paragraph, however, allows the exchange of eggs or the fry of        any species of fish with the department and the commission.        Cross References.  Section 4221 is referred to in section     4223 of this title.