Current through Register Vol. 42, No. 11, August 30, 2024
(1) An experimental
one-year commercial fishing season for paddlefish (Polyodon
spathula) is hereby established for one area in Guntersville
Reservoir, Alabama, in 2017, as provided for below. This area is hereafter
referred to as a Paddlefish Management Area (PMA), and is hereby established
as, and shall constitute, a special fishery "wildlife management area", in
accordance with Sections
9-11-300 and
9-11-301 of the Code of
Ala. 1975. This PMA will occur in the upper portion of
Guntersville Reservoir in Jackson County, as described below. These rules shall
govern according to the following restrictions and regulations:
(2)
Location.
(a)
Upper Guntersville Reservoir
Paddlefish Management Area (UGR) (Jackson County): The public waters of
the mainstem portion (tributaries excluded) of the Tennessee River (Upper
Guntersville Reservoir) from TRM 414.5 (34.9532382°N 85.7019227°W) to
TRM 385.9 (34.6402099°N 85.9757707°W). This is from the railroad bridge
at Bridgeport that crosses Long Island to the HWY 35 Bridge at Scottsboro. A
total of 28.6 river miles will be open for commercial harvest of
paddlefish.
(3)
Season.
(a)
UGR:
March 6 (Monday) - March 21 (Tuesday), 2017. Weekend (Saturday and Sunday)
commercial paddlefish fishing is not permitted.
(4)
Fishing Hours.
(a)
UGR: Gill nets can be set,
checked, and handled between legal sunrise and sunset hours; Monday - Friday.
Gill nets can be set overnight; however, it is illegal to set, check, or handle
gill nets between legal sunset and sunrise hours. Gill nets must be removed
from the water by legal sunset hour each Friday.
(5)
Persons Eligible. Due to the
need for the Alabama Division of Wildlife and Freshwater Fisheries (ADWFF) to
collect reliable fishery-dependent harvest data from this experimental one-year
season, only Alabama residents and non-residents that have held a valid
paddlefish harvester permit for the previous 2013 through 2016 Alabama River
Paddlefish Management Area seasons are eligible to enter the drawing for a
separate harvester permit for the UGR Paddlefish Management Area. Not less than
fifty percent (50%) of the available permits shall be made available to
eligible Alabama residents. In no event shall the percentage of available
permits for nonresidents of any other state exceed any percentage restriction
placed on that state's nonresidents to commercially harvest paddlefish in that
state.
(6)
Harvest
Permits. The following permits and tags are established and required to
commercially harvest paddlefish in Alabama:
(a)
Alabama Residents.
Commercial Paddlefish Harvester Permit [$750.00]. This permit is required for
the holder to fish and take paddlefish in a designated paddlefish management
area for the purpose of harvesting flesh and roe during designated commercial
paddlefish seasons. This permit also allows one commercial fishing helper per
permit holder. An Alabama Commercial Freshwater Fishing License is required in
addition to the Commercial Paddlefish Harvester Permit to harvest and possess
paddlefish.
(b)
Nonresidents. Nonresident Commercial Paddlefish Harvester Permit -
The cost for the permit will be same as what the applicant's State of residency
would charge an Alabama resident to commercially fish for paddlefish in that
State but in no event shall the cost be less than the fee charged to a resident
of Alabama. This permit is required for the holder to fish and take paddlefish
in a designated paddlefish management area for the purpose of harvesting flesh
and roe during designated seasons. This permit also allows one commercial
fishing helper per permit holder. An Alabama Commercial Freshwater Nonresident
Fishing License is required in addition to the Nonresident Commercial
Paddlefish Harvester Permit to harvest and possess paddlefish.
(c)
Carcass Tags. It shall be
required that all harvested paddlefish possess an Alabama Division of Wildlife
and Freshwater Fisheries (ADWFF) issued serial tag attached through the dorsal
fin. Paddlefish harvesters will tag each harvested paddlefish after the fish is
removed from the net and placed in their fishing vessel. The tag is to remain
on the fish until the flesh is processed and packaged for retail
sale.
(7)
Dealer's
Licenses. (Required by Section
9-11-153, Code of Ala.
1975, as amended by Act No. 2012-471).
(a)
Alabama Residents.
Commercial Paddlefish Dealer's License [$750.00]. This license is required of
every resident person, firm, association, or corporation to buy, sell, process,
or ship paddlefish roe or flesh acquired from a permitted paddlefish harvester.
Any employee or agent of a dealer shall be required to possess a copy of the
dealer license, signed by the dealer, at all times he is performing any
activities pursuant to such license. This license is not required for a
permitted paddlefish harvester to sell or ship within Alabama paddlefish roe or
flesh that the harvester has caught, to an Alabama licensed commercial
paddlefish dealer. An Alabama wholesale freshwater fish dealer license is
required in addition to the Commercial Paddlefish Dealer's License to buy,
process, sell, or ship paddlefish roe and flesh.
(b)
Nonresidents. Commercial
Paddlefish Dealer's License-The cost for this license will be same as what the
applicant's State of residency would charge an Alabama resident to buy, sell,
process, or ship paddlefish roe or flesh within that State but in no event
shall the cost be less than the fee charged to a resident of Alabama. This
license is required of every nonresident person, firm, association, or
corporation to buy, sell, process, or ship paddlefish roe or flesh acquired
from a permitted paddlefish harvester. Any employee or agent of a dealer shall
be required to possess a copy of the dealer license, signed by the dealer, at
all times he is performing any activities pursuant to such license. This
license is not required for a permitted paddlefish harvester to sell or ship
within Alabama paddlefish roe or flesh that the harvester has caught, to an
Alabama licensed commercial paddlefish dealer. An Alabama wholesale freshwater
fish dealer license is required in addition to the Commercial Paddlefish
Dealer's License to buy, process, sell, or ship paddlefish roe and
flesh.
(8)
Size
Limit.
(a) The minimum length to
possess and harvest paddlefish is 38" (965.2 mm) eye-to-fork (EFL) and only
egg-bearing females are legal. The EFL is the length from the anterior portion
of the eye (front of eye) to the fork of the tail measured with a flexible tape
measured along curvature of the body. The possession and harvest of any male
paddlefish, female paddlefish with no eggs, and female paddlefish under 38" EFL
is prohibited.
(b) Prior to sale to
a commercial paddlefish dealer, paddlefish carcasses may not be altered in a
manner that the length of the fish cannot be determined. If a paddlefish has
been altered to not allow the minimum length determination, then the carcass
and roe are subject to confiscation.
(9)
Applications.
(a) Commercial paddlefish harvester permit
applications for all of the 2017 Paddlefish Management Areas will automatically
be sent to all commercial freshwater fishers who held an Alabama commercial
freshwater fishing license from October 1, to September 30, of the previous
year. Eligible nonresident commercial freshwater fishers that wish to apply for
an Alabama commercial paddlefish permit may obtain the necessary forms and
information by contacting ADWFF at (334) 242-3471.
(b) A total of 5 separate eligible applicants
will be randomly selected for the opportunity to purchase a permit for the UGR
Paddlefish Management Area.
(c)
Commercial paddlefish harvester permits are non-refundable and
non-transferable.
(10)
Mandatory Training Course. All permitted commercial paddlefish
harvesters will be required to attend a pre-season briefing and instruction
meeting prior to the paddlefish fishing season. This meeting will be held for
commercial paddlefish harvester permit holders with the date, time, and
location to be announced prior to the season opening. This meeting will only be
open to valid commercial paddlefish harvester permit holders and not to the
public. Each commercial paddlefish harvester permit will be endorsed by a
fisheries biologist after the meeting. This endorsement is required and must be
shown to a Conservation Officer or ADWFF fisheries biologist if
requested.
(11)
Designated
Boat Ramp and Mandatory Check Station.
All commercial paddlefish harvesters and helpers can only
launch and take out from the designated boat ramp and all harvested fish are to
be checked by an ADWFF biologist before the fish is processed at the following
designated ramp:
(a)
UGR
Paddlefish Management Area.1. State
boat ramp off of HWY 117 bridge west side of the Tennessee River.
(12)
Gear and
Fishing Restrictions: UGR Paddlefish Management Area.
(a) Paddlefish may only be harvested by the
use of gill nets, as provided for below.
(b) A gill net (may be referred to hereafter
within as "net" or "nets") is defined as a single net attached to float and
lead lines.
(c) The use of
tied-down gill nets (hobbled) is prohibited.
(d) The use of monofilament and multifilament
(nylon) nets are permitted.
(e) The
maximum number of gill nets permitted to fish concurrently is five and only
five gill nets may be in possession on the water and during commercial
paddlefish fishing.
(f) The use of
mechanical gear (rollers) to deploy and retrieve gill nets is
permitted.
(g) A fluorescent orange
float is required on each float end. The float size must be approximately the
size of a 1-gallon milk container or similar to a bullet-type float measuring
5" in diameter and 11" in length.
(h) Total length of each gill net cannot
exceed 300 feet.
(i) There is no
restriction on gill net depth.
(j)
Gill nets must have a minimum mesh size of 6-inch bar measure (knot to
knot).
(k) Gill nets (i.e.,
beginning with the float line) must be submerged three feet or more beneath the
surface. Clip on floats (buoys) are not considered part of the net for depth
purposes only.
(l) Gill nets must
be checked at least 2 times in a 24-hour period to prevent bycatch
mortality.
(m) The "tying up" of
any harvested paddlefish to a tree or limb is prohibited.
(n) A large live well is permitted if the
harvesters wish to keep the fish alive while on the water.
(o) All harvested paddlefish must be kept in
the harvester's boat until they reach land for processing.
(p) Paddlefish eggs may not be removed
outside of the fish's body cavity while on the water or adjacent bank. Eggs can
only be removed at the boat ramp (on land) or processing facility after the
fish has been checked by a ADWFF fisheries biologist.
(q) No processed paddlefish and/or eggs
outside of the body cavity can be in possession while on the water.
(r) A 12-gauge needle may be inserted into
the abdomen between the pectoral and pelvic fins to determine the presence of
eggs in paddlefish over 38 inch EFL. Paddlefish may be checked once with a
needle on either side of the abdomen for a total of 2 times per paddlefish
season. Repeated checking of paddlefish is not permitted. This needle and
syringe device must be on board every commercial paddlefish harvester fishing
vessel and kept in a sanitary manner. Paddlefish less than 38 inch EFL must be
returned immediately to the water without being checked. It shall be illegal to
harvest or possess any paddlefish with more than 2 punctures.
(s) A 2-inch portion of ovary (including some
eggs) must remain attached to each harvested paddlefish until the fish and eggs
are received by a licensed commercial paddlefish dealer.
(t) Paddlefish eggs removed from the fish
must be kept in separate containers-eggs from one fish per container. Each
container must be labeled with the paddlefish tag number and as paddlefish roe.
One container must match one harvested paddlefish.
(u) Blocking of harvested paddlefish is not
permitted.
(v) Paddlefish may not
be possessed alive away from harvested waters.
(w) The gill rakers inside the mouth can be
cut to bleed the fish.
(x) The
harvest of Asian carp species is permitted. These species include: Bighead Carp
(Hypophthalmichthys nobilis), Silver Carp
{Hypophthalmichthys molitrix), Black Carp
(Mylopharyngodon piceus) and Grass Carp
(Ctenopharyngodon idella). If not harvested, the release of
live bighead, silver, and black carps is not permitted. Each fish should be
dispatched in a humane manner.
(y)
Commercially harvested paddlefish (or parts thereof) taken from an authorized
PMA and sold must be marketed to a licensed wholesale fish dealer who has a
valid Alabama commercial paddlefish dealer license; provided however, that all
parts other than roe may be sold within Alabama by the harvester to other
individuals for their personal consumption.
(z) All commercial paddlefish harvester
permit holders are required to allow boarding of their vessel if requested by
an ADWFF conservation officer, agent, or biologist to examine their
catch.
(aa) Citations for the
violation of any commercial fishing laws or regulations during the paddlefish
season may result in confiscation of fishing equipment (i.e., boat, boat motor,
boat trailer, gillnets and associated gear) and paddlefish roe and flesh as
evidence.
(bb) Conviction of any
laws or regulations from a paddlefish season may result in the loss of
opportunity to apply for a future commercial paddlefish harvester permit and
forfeiture of confiscated fish equipment, paddlefish roe and flesh.
(cc) Each gill net must be fished independent
of other nets and cannot be tied together.
(dd) During the commercial paddlefish season
it is prohibited for any person to possess, buy, sell, or ship across Alabama
state lines whole paddlefish, paddlefish parts or eggs without proper permits
and documentation as determined by the ADWFF.
1.
Exceptions:
(i) Persons who have purchased paddlefish
flesh or processed and packaged paddlefish eggs for consumption.
(ii) Restaurants, grocery stores, hotels,
retail fish markets, and wholesale food suppliers selling paddlefish roe or
paddlefish parts fully processed, packaged and ready for retail sale in sealed
containers.
(iii) Commercial
shipping firms or authorized agents may possess legally taken paddlefish and/or
paddlefish eggs or flesh shipped by person having an Alabama commercial roe
dealer/buyer license.
(13)
Informational Note. Regulations
Already in Effect that Apply to the Commercial Harvest of Paddlefish: Tennessee
River
(a) All gill nets shall be
affixed with a tag which has the name, address, and license number of the
commercial paddlefish harvester on the tag.
(b) At least one buoy per gill net must bear
the name, address, and license number of the commercial paddlefish
harvester.
(c) Nets must be
staggered when set and cannot be placed closer than 50' to any other
net.
(d) Nets must be fished in a
stationary manner.
(e) Nets cannot
be placed 100' or closer to the water's edge.
(f) Nets cannot be set in a way that the net
extends more than half way across any river.
(g) All fish species designated as game fish
must be immediately returned to the waters from whence they were
taken.
(h) Other fish species
designated as commercial or non-game caught in permitted paddlefish gill nets
can be harvested during the paddlefish season.
(i) The cutting or mutilating of paddlefish
to check for eggs is prohibited. Except by the use of a 12-gauge needle to
check for eggs (see 12 r).
(14)
Harvest, Sale and Shipping
Reporting. Commercial paddlefish harvesters and commercial paddlefish
dealers will be required to submit paddlefish daily catch and harvest reports,
commercial paddlefish roe buyer's weekly reports, and/or other reports as
determined by the ADWFF. Falsification of, or failure to submit by the
specified time or date, the required paddlefish reports to the ADWFF is a
violation of this regulation and subjects the person to denial of future
fishing privileges.
(15)
License Requirements. Holders of a commercial paddlefish harvester
permit and commercial paddlefish dealer's license must have government issued
picture identification on their person during the commercial paddlefish season
and while possessing paddlefish eggs, flesh, and parts. The aforementioned
permit and license must also be on their person during the season while
possessing paddlefish eggs, flesh, and parts.
Author: N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
1975, §§
9-2-7,
9-2-8,
9-11-140,
9-11-300,
9-11-301.
PENALTY: As provided by
law.
