2708.1 - Farmlands open to public fishing.

     § 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)        1999 Amendment.  Act 41 added section 2708.1.