(a) General rule.-- No person shall fish, or trespass with intent to fish, in any hatchery waters or waters designated by the commission as nursery waters, upon the bed or bank of any such waters or upon any hatchery lands controlled, owned or occupied by the commission, Federal Government or cooperative nursery approved by the commission. (b) Penalty.-- Any person violating the provisions of this section by fishing or trespassing with intent to fish in any hatchery or nursery waters commits a summary offense of the first degree. Any person violating the provisions of this section by taking fish from hatchery or nursery waters commits: (1) A summary offense of the first degree if the market value of the fish taken from the hatchery or nursery waters is not shown or is less than $50. (2) A misdemeanor of the third degree if the market value of the fish taken from hatchery or nursery waters is $50 or more.
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