Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.170,
150.175,
150.445,
150.450(2),
(3),
150.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations to establish seasons for
the taking of fish and wildlife, to regulate creel limits and methods of take,
to regulate the buying, selling, or transporting of fish and wildlife, and to
make these requirements apply to a limited area. This administrative regulation
establishes the requirements for the harvest and sale of Asian carp beyond the
requirements of
301 KAR
1:155.
Section
1. Definitions.
(1) "Asian carp"
means:
(a) Bighead carp;
(b) Black carp;
(c) Grass carp; or
(d) Silver carp.
(2) "By-catch" means any fish that is not an
Asian carp or scaled rough fish.
(3) "Program" means Asian Carp and Scaled
Rough Fish Harvest Program.
(4)
"Program participant" means a commercial fisherman who is:
(a) Enrolled in the Asian Carp and Scaled
Rough Fish Harvest Program; and
(b)
Fishing in restricted water.
(5) "Restricted water" means those areas, as
established in
301
KAR 1:140,
301 KAR
1:146,
301 KAR
1:150, and
301 KAR
1:155, where:
(a)
Commercial fishing is prohibited;
(b) Commercial fishing with gill or trammel
nets is prohibited; or
(c)
Commercial fishing with gill or trammel nets of restricted net mesh size is
prohibited.
(6) "Scaled
rough fish" means any scaled fish that is not an Asian carp, sport fish as
established in
301 KAR
1:060, roe bearing fish, or a species ineligible for
commercial harvest as established in
301 KAR
1:155.
(7)
"Unlicensed helper" means a person without a commercial fishing license who is
assisting a program participant.
Section 2. Program Participant
Qualifications. A commercial fisherman shall:
(1) Contact the department and request to be
included in the program; and
(2)
Possess a valid Kentucky commercial fishing license.
Section 3. Program Participant Requirements.
A program participant shall:
(1) Call the
department at 270-226-4192 at least twenty-four (24) hours prior to the
requested fishing date and provide the information established in paragraphs
(a) through (f) of this subsection:
(a) The
participant's name;
(b) The fish
buyer's name;
(c) Date
requested;
(d) Restricted water
body to be fished;
(e) The location
in the restricted water body to be fished, listed as river miles or embayment;
and
(f) The name or location of the
boat ramp that will be used;
(2) Harvest a weight ratio of at least
sixty-five (65) percent Asian carp to thirty-five (35) percent scaled rough
fish over a one (1) month period, except that a commercial fisherman whose
license fee has been waived as established in Section 4 of this administrative
regulation shall only harvest Asian carp and not retain any scaled rough fish
or by-catch;
(3) Only fish:
(a) On dates approved by the department;
and
(b) At a location approved by
the department;
(4)
Notify the department and receive approval prior to changing the:
(a) Fishing location in the restricted water
body; or
(b) Boat ramp being
used;
(5) Only use gill
or trammel nets:
(a) With a minimum bar mesh
size of three (3) inches;
(b) That
are always tended by a program participant when set less than three (3) feet
below the surface of the water;
(c)
That are not left unattended by a program participant for more than six (6)
hours when set at least three (3) feet below the surface of the water from
April 1 through September 30; and
(d) That are not left unattended by a program
participant for more than eight (8) hours when set at least three (3) feet
below the surface of the water from October 1 through March 31;
(6) Visibly mark each end of net
sets or gangs of nets with floating buoys;
(7) Harvest, possess, and transport fish
claimed under this program separately than fish harvested by any other
method;
(8) Complete a Daily
Harvest and Release Summary Card after each day's fishing and submit all cards
to the department at the end of each month;
(9) Be allowed to sell all harvested Asian
carp and scaled rough fish as established in Section 2 and 3 of this
administrative regulation;
(10)
Immediately release all by-catch; and
(11) Report all harvest on a Monthly Report
of Commercial Fish Harvest form, as established in
301 KAR
1:155.
Section 4. Commercial Fishing License Fee
Waiver. The commercial fishing license fees, as established in
301 KAR
3:022, shall be waived for a program participant who
only harvests Asian carp in restricted or unrestricted waters.
Section 5. Department Program Requirements.
(1) The department shall:
(a) Maintain a list of program participants
and their contact information, which shall be:
1. Provided to known fish buyers;
and
2. Updated at least weekly;
and
(b) Review all
restricted water fishing requests as established in Section 3 of this
administrative regulation.
(2) The department shall approve a qualified
fishing request by assigning a fishing location and boat ramp to a program
participant.
(3) The department
shall not approve a fishing request for reasons established in paragraphs (a)
and (b) of this subsection:
(a) Higher than
normal by-catch is likely to occur at that location and time; or
(b) Excessive user conflicts would
occur.
Section
6. Unlicensed Helpers.
(1) A
program participant shall not utilize more than two (2) unlicensed helpers
while actively fishing.
(2) A
program participant shall ensure that an unlicensed helper complies with all
boating safety requirements established in KRS Chapter 235.
(3) An unlicensed helper shall:
(a) Be accompanied by a licensed program
participant while using commercial fishing gear; and
(b) Be permitted to transport Asian carp in
the absence of a program participant with a Fish Transportation Permit as
established in
301 KAR
1:125.
(4) A program participant whose commercial
fishing license has been suspended or revoked in Kentucky or in another state
shall not:
(a) Be listed as a helper by a
licensed Kentucky commercial fisherman or another program participant;
or
(b) Assist a licensed Kentucky
commercial fisherman or program participant in harvesting or transporting
fish.
Section
7. Program Suspension and Disqualification.
(1) A program participant whose commercial
fishing license becomes revoked or suspended as established in
301 KAR
1:155 shall be disqualified from participating in the
Asian Carp and Scaled Rough Fish Harvest Program while that license is revoked
or suspended.
(2) A program
participant shall be suspended from the program:
(a) For a three (3) month period beginning on
the first day of the next month if the minimum requirements established in
Section 3(2) are not met; and
(b)
For a period of one (1) year beginning on the first day of the next month if
the requirements are not met a second time.
(3) Any participant who is disqualified or
suspended from participation in the program may appeal the decision in
accordance with KRS Chapter 13B.
(4) To appeal the disqualification or
suspension, the participant shall provide a written request for a KRS Chapter
13B hearing, postmarked or delivered in person to the department no later than
thirty (30) days after notification of the disqualification or
suspension.
Section 8.
Non-commercial Asian Carp Harvest and Sale. Any person possessing a valid
Kentucky sport fishing license:
(1) May
harvest Asian carp using legal fishing methods as established in
301 KAR
1:201; and
(2) May sell harvested Asian carp.
Section 9. Incorporation by
Reference.
(1) "Daily Harvest and Release
Summary Card", 2011 Edition, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department of
Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday
through Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
150.025(1)