§ 7301. Legislative findings and declarations.

470 words·~2 min read·/pa/title-30/chapter-73/7301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The General Assembly finds and declares as follows:

(1)Since fish at large in the waters of this Commonwealth are a natural resource, protection and conservation of this resource in the public interest is the obligation of the Commonwealth.

(2)The shad which inhabit the waters of the Delaware River system constitute a potentially valuable source of food and raw materials and, under proper management, are capable of producing a constant and abundant harvest without depletion of the species and consequent shortages of supply. The important shad fishery of the Delaware River has been depleted so that the actual harvest is far below the potential yield of this resource which at one time yielded as much as 16,000,000 fish yearly but in recent years has yielded only a few hundred thousand pounds. This depletion has caused a denial to the consuming public of a constant and adequate supply of these vitamin rich foods within a reasonable price range that consistent and abundant supply would make possible, and has caused decline and instability in the fishing industry in this river system. The restoration of this species in the Delaware River has become an enterprise of vast economic importance to this Commonwealth.

(3)It is a matter of public interest and for the public welfare and health for the Commonwealth to take such measures as are necessary to control the intensity of fishing pressure in order that the restoration of this valuable species may be accomplished and that the species may attain the maximum sustained yield consistent with the preservation of an adequate brood stock. Legislative limitation of the size of the mesh of nets, size limits and other like measures are not effective in conserving this species.

(4)In accordance with the purposes of the Atlantic States Marine Fisheries Compact to which this Commonwealth is a party and in order to carry out the policy of the Commonwealth as it relates to the shad inhabiting the waters of the Delaware River and in order to restore this depleted fishery, it is necessary, proper and expedient to establish a system of licensing designed to control increases in the intensity of fishing pressure so that increases in fishing pressure will be brought into balance with the population of shad in the Delaware, to the end that the shad fisheries of the waters of the Delaware River and its tributaries will be restored and will produce the maximum sustained yield consistent with the conservation of that species. Since the stabilization of fishing operations is an activity promoting the public interest, the payment of license fees and the imposing and controlling of the restrictive provisions of this chapter upon the general public is an equitable contribution on its part arising from the privileges of harvesting this natural resource.

30c7302s