102 - Definitions.
§ 102. Definitions. Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Amphibian." Any of the cold-blooded, scaleless, vertebrates of the class amphibia, such as frogs, toads and salamanders, the young usually being aquatic and breathing by gills and the adults usually losing the gills and breathing by lungs. "Aquatic organism." Any plant or animal that grows or lives in or upon the water. "Artificial propagation." The rearing of any species of fish, during any stage of the species life cycle from inception by natural or artificial means to the adult stage of the species. "Bait fish." Unless otherwise provided by commission regulation, the following fish: (1) All forms of the minnow family (Cyprinidae) except carp and goldfish. (2) Suckers, chubs, fallfish, lampreys and eels measuring less than eight inches in length. (3) All forms of darters, killifishes and madtoms (otherwise known as stonecats). "Board." The Boating Advisory Board established under this title. "Boat." Every description of watercraft constructed or sold for the primary purpose of being used as a means of transportation on the water. The term does not include: (1) Surfboards and other similar nonpowered contrivances used primarily as swimming aids. (2) Commercial craft subject to Federal manning and inspection requirements. (3) Seaplanes. "Boundary lake." Such part or parts of any lake lying between this Commonwealth and any other state or foreign country over which the Commonwealth may have jurisdiction. "Boundary waters." All natural or artificially constructed ponds or lakes, bays, peninsular waters or flowing streams or rivers which border on this Commonwealth. "Commission." The Pennsylvania Fish and Boat Commission of the Commonwealth. "Deputy waterways conservation officers." Officers formerly designated as deputy waterways patrolmen appointed under section 305 (relating to deputy waterways patrolmen). "Deputy waterways patrolman." A deputy waterways conservation officer. "Endangered species." All species and subspecies of fish which: (1) have been declared by the Secretary of the United States Department of the Interior to be threatened with extinction and appear on the Endangered Species List or the Native Endangered Species List published in the Federal Register; or (2) have been declared by the executive director to be threatened with extinction and appear on the Pennsylvania Endangered Species List published in the Pennsylvania Bulletin. "Executive director." The executive director of the Pennsylvania Fish and Boat Commission. "Fish." (1) When used as a noun, includes all game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms. (2) When used as a verb, the act of fishing. "Fishing." The act of angling, or to catch, take, kill or remove or the attempt to catch, take, kill or remove from any waters or other areas within or bordering on this Commonwealth any fish by any means or method for any purpose whatsoever. "Fish bait." Unless otherwise provided by commission regulation, crayfish or crabs, mussels, clams and the nymphs, larvae and pupae of all insects spending any part of their life cycle in the water. "Game fish." Unless otherwise provided by commission regulation, the following fish: Brook trout, Salvelinus fontinalis; brown trout, Salmo trutta; and rainbow trout, Salmo gairdneri, and the salmon family, Salmoidae; walleye, Stizostedion vitreum; chain pickerel, Esox niger; northern pike, Esox lucius; muskellunge, Esox masquinongy; fallfish, Semotilus corporalis; smallmouth bass, Micropterus dolomieui; largemouth bass, Micropterus salmoides; crappies, Pomoxis sp.; rock bass, Ambloplites rupestris; yellow perch, Perca flavescens; striped bass or rockfish, morone saxatili; suckers, Catostomidae; eels, Anguilla rostrata; chubs, Semotilus and Nocomis, measuring at least eight inches in length; sturgeon, Acipenser oxyrhynchus; white perch, morone americana; and all other species or varieties of fish except bait fish. "Iceboat." Every description of icecraft or motor-driven contrivance used, or capable of being used, as a means of transportation on ice. "Inland waters." Any nontidal stream, river, lake, artificial or natural body of water within this Commonwealth. "Motorboat." Any boat equipped with propelling machinery. "Operate." As applied to watercraft, to navigate or otherwise use a boat or watercraft. "Owner." As applied to watercraft, a person, other than a lienholder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to the interest of another person reserved or created by agreement and securing payment or performance of an obligation. The term does not include a lessee under a lease not intended as security. "Passenger." Any person on a boat. "Passenger-carrying boat." Any boat that carries more than six passengers either for hire or as part of a commercial enterprise. The following persons shall not be counted in determining the number of passengers: (1) The owner or his representative. (2) The operator and bona fide members of the crew who have contributed no consideration for their carriage and who may be paid for their services. (3) Any guest on board a boat used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage when there are no other passengers on board who have paid any such consideration and when only the owner or owners of the boat are bearing the costs of operating the boat. The term shall not include any boat operated exclusively as a part of a cavern operation. "Person." Includes individuals, partnerships, associations, corporations, political subdivisions, municipality authorities, the Commonwealth or any other legal entities. "Regulated fishing lake." Any artificial or man-made pond or lake owned, leased or controlled in any manner by any person where fishing is permitted for payment of a fee and in which all fish stocked are artificially propagated by commercial hatcheries or purchased from persons licensed to sell fish. "Reptiles." Any of the various species of cold-blooded vertebrates of the class Reptilia. "Special marine event." Any unusual congregation of boats for a specific purpose including events such as races, regattas, rodeos, demonstrations, exhibitions and marine parades. "Threatened species." All species and subspecies of fish which: (1) have been declared by the Secretary of the United States Department of the Interior to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on a Threatened Species List published in the Federal Register; or (2) have been declared by the executive director to be in such small numbers throughout their range that they may become endangered if their environment worsens and appear on the Pennsylvania Threatened Species List published in the Pennsylvania Bulletin. "Vessel." A boat. "Watercraft." Every description of device used on the water or ice or capable of being used as a means of transport on water or ice. The term includes boats, motorboats, iceboats, all terrain or amphibious vehicles when they are operated on water and all such other devices. The term does not include seaplanes. "Waters of this Commonwealth." Includes all inland, tidal and boundary waters, whether navigable or nonnavigable, under the jurisdiction of the Commonwealth. The term includes ice that forms on these waters. "Waterways conservation officers." Officers formerly designated as waterways patrolmen appointed under section 304 (relating to waterways patrolmen and employees). "Waterways patrolman." A waterways conservation officer. (May 24, 1984, P.L.335, No.66, eff. 60 days; Dec. 12, 1991, P.L.368, No.39, eff. imd.; Dec. 9, 2002, P.L.1542, No.199, eff. 60 days) 2002 Amendment. Act 199 amended the def. of "passenger- carrying boat." 1991 Amendment. Act 39 amended the defs. of "commission" and "executive director." 1984 Amendment. Act 66 added the defs. of "deputy waterways conservation officers," "deputy waterways patrolman," "waterways conservation officers" and "waterways patrolman."