2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 9 - Enforcement
Section 930 - Disposition of nonresident offenders

     § 930.  Disposition of nonresident offenders.
        Subject to any inconsistent regulations prescribed pursuant
     to 42 Pa.C.S. § 3502 (relating to financial regulations):
            (1)  General rule.--Except as otherwise provided in
        paragraph (2), upon the apprehension of a nonresident of this
        Commonwealth for any violation of this title that is a
        summary offense, the waterways conservation officer or deputy
        waterways conservation officer shall issue a citation as
        provided by the Pennsylvania Rules of Criminal Procedure
        unless the nonresident offender elects to proceed under
        section 925 (relating to acknowledgment of guilt and receipts
        for payment).
            (2)  Arrest of nonresident.--A waterways conservation
        officer or deputy waterways conservation officer shall be
        authorized to arrest a nonresident for a summary offense
        violation of this title and escort him to the appropriate
        issuing authority for a hearing, posting of bond or payment
        of the applicable fine and costs only when one or more of the
        following circumstances exist:
                (i)  The nonresident offender refuses to accept a
            citation from the waterways conservation officer.
                (ii)  In counties where the use of field
            acknowledgments of guilt is authorized under section 925
            (relating to acknowledgment of guilt and receipts for
            payment), the nonresident offender elects not to sign a
            field acknowledgment of guilt and refuses to accept a
            citation from the waterways conservation officer.
                (iii)  The nonresident offender fails to provide
            positive identification showing his mailing address.
                (iv)  The officer has reasonable grounds to believe
            the nonresident offender is a repeat offender under this
            title.
                (v)  The officer has reasonable grounds to believe
            the nonresident offender is fishing while his fishing
            privileges are suspended or boating while his boating
            privileges are suspended.
                (vi)  The officer has reasonable grounds to believe
            the nonresident offender has failed to respond to a
            citation issued under this title or to pay assessed fines
            or penalties for a prior offense under this title.
                (vii)  The officer has reasonable grounds to believe
            the nonresident offender may pose a threat of harm to
            persons or property or to himself or herself.
                (viii)  The officer has reasonable grounds to believe
            the nonresident offender will not appear as required if
            issued a citation.
        The officer shall not exercise his authority to arrest a
        nonresident under this paragraph if the nonresident offender
        chooses to place the amount of the applicable fine and costs
        in a stamped envelope addressed to the appropriate issuing
        authority and mails the envelope in the presence of the
        officer.
            (3)  Form of payment.--The amount of fine and costs to be
        mailed to the issuing authority under paragraph (2) may be
        paid by money order, personal or other check or guaranteed
        arrest bond.
            (4)  Receipt for payment.--The waterways conservation
        officer or deputy waterways conservation officer shall give
        the nonresident offender a receipt for payment, a copy of
        which shall be mailed with the payment and a copy retained by
        the officer.
            (5)  Suspension of fishing and boating privileges.--The
        fishing privileges of a nonresident offender who fails to
        respond to a citation issued to him for a fishing violation
        shall automatically be suspended until the nonresident
        offender responds to the citation. The boating privileges of
        a nonresident offender who fails to respond to a boating
        violation shall automatically be suspended until the
        nonresident offender responds to the citation. The commission
        shall notify the agency or agencies with jurisdiction over
        fishing and boating, as applicable, of the state of a
        nonresident who fails to respond to citation and shall
        request assistance from the state of residence.
     (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 3, 1999,
     P.L.447, No.41, eff. Jan. 1, 2000)