Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.120,
150.170,
150.445,
150.450(2),
(3),
150.990,
217.015(20)
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 bag limits, creel limits, and
methods of take, and to make these requirements apply to a limited area.
KRS
150.175(3) authorizes the
department to establish a commercial fishing license that allows the taking and
selling of rough fish. 50 C.F.R. 17 protects the shovelnose sturgeon from
harvest because of similarity of appearance with the endangered pallid
sturgeon. This administrative regulation establishes commercial fishing
requirements, protects certain species from overharvest, and regulates the
buying and selling of roe-bearing species of rough fish.
Section 1. Definitions.
(1) "Buyer's permit" means a Commercial
Roe-bearing Fish Buyer's Permit.
(2) "Commercial fisherman" means a person
holding a valid resident or nonresident commercial fishing license.
(3) "Harvester permit" means a Commercial
Roe-bearing Fish Harvester's Permit.
(4) "Immediate family member" means a
person's spouse, mother, father, daughter, brother, sister, grandparent, or
son.
(5) "Ohio River Trophy Catfish
Harvest Permit" means a permit that allows a commercial fisherman to harvest
trophy catfish.
(6) "Overflow lake"
means a permanent or temporary body of water that receives overflow flood
waters from an adjacent stream.
(7)
"Roe-bearing fish" means paddlefish, shovelnose sturgeon, and bowfin,
regardless of the sex of the fish or the presence or absence of roe.
(8) "Roe-bearing Fish Buyer's Permit" means a
permit issued by the department that entitles the permit holder to buy
roe-bearing species or roe in accordance with this administrative
regulation.
(9) "Roe-bearing Fish
Harvester's Permit" means a permit issued by the department to a licensed
commercial fisherman that entitles the permit holder to harvest and sell
roe-bearing species in accordance with this administrative
regulation.
(10) "Sport fish" means
those species established in
301 KAR
1:060.
(11) "Trophy catfish" means, for the area
downstream of Cannelton Lock and Dam in the Ohio River and its tributaries open
to commercial fishing, a:
(a) Blue or flathead
catfish that is a minimum of forty (40) inches in length; or
(b) Channel catfish that is a minimum of
thirty (30) inches in length.
(12) "Unlicensed helper" means a person
without a commercial fishing license who is assisting a commercial
fisherman.
(13) "Unprocessed roe"
means roe that has been removed from a roe-bearing fish by a food processing
plant prior to its sale at a roe-bearing fish buyer's facility.
Section 2. Nonresident Commercial
Fishing Licenses. A nonresident commercial fishing license shall only be issued
to residents of states that offer nonresident fishing licenses to Kentucky
residents, except that a nonresident with a valid 2013 Kentucky nonresident
commercial fishing license shall be eligible to purchase a nonresident fishing
license in subsequent license years, unless the nonresident fails to purchase
the permit during any license year.
Section
3. Unlicensed Helpers.
(1) A
commercial fisherman shall not utilize more than two (2) unlicensed helpers
while actively fishing.
(2) A
commercial fisherman 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 commercial
fisherman while using commercial fishing gear; and
(b) Be permitted to transport roe or
roe-bearing fish in the absence of a commercial fisherman with a Fish
Transportation Permit as established in
301 KAR
1:125.
(4) A commercial fisherman 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
(b) Assist a licensed Kentucky commercial
fisherman in harvesting or transporting fish.
Section 4. Tagging and Using Commercial Gear.
A commercial fisherman shall:
(1) Tag
commercial fishing gear pursuant to
301 KAR
1:146;
(2)
Not use commercial fishing gear within:
(a)
1. Fifty (50) yards of the outlet or inlet of
an overflow lake; or
2. Fifty (50)
yards of the mouth of a stream, except the mouth of the Ohio River;
and
(b) 200 yards of a
dam, as established in
KRS
150.445;
(3) Not use commercial nets from April 1
through October 31:
(a) In bays and inlets of
Kentucky or Barkley Lakes; or
(b)
Within 200 yards from the mouth of bays or inlets in Kentucky or Barkley Lakes;
and
(4) Call the
department at 800-858-1549 within twenty-four (24) hours if any commercial gear
is:
(a) Lost;
(b) Stolen; or
(c) Irretrievable due to unforeseen
circumstances.
Section
5. Special Catfish Harvest Restrictions.
(1) In the Ohio River and its tributaries
open to commercial fishing, there shall be:
(a) An unlimited harvest of:
1. Blue and flathead catfish that are less
than thirty-five (35) inches in length; and
2. Channel catfish that are less than
twenty-eight (28) inches in length; and
(b) A daily limit of one (1):
1. Blue and flathead catfish greater than or
equal to thirty-five (35) inches in length; and
2. Channel catfish greater than or equal to
twenty-eight (28) inches in length.
(2) A person with a valid commercial license
shall obtain from the department a free Ohio River Trophy Catfish Harvest
Permit in order to harvest multiple trophy catfish downstream of Cannelton Lock
and Dam.
(a) The department shall issue a
maximum of fifteen (15) permits annually.
(b) The department shall issue a permit to a
commercial fisherman who:
1. Has reported a
minimum harvest of 10,000 pounds of catfish from the Ohio River and its
tributaries open to commercial fishing in at least two (2) of the last three
(3) years; and
2. Sends a written
request to the department postmarked on or before March 10.
(c) A commercial fisherman may
retain the rights to the permit each year, provided the requirements
established in paragraph (2)(b) of this subsection are met.
(d) Each permit shall be issued in the order
established in subparagraph 1. through 3. of this paragraph.
1. Retained permit requests;
2. A random electronic drawing for the
remaining permit requests that are postmarked by March 10 of each year;
and
3. First-come, first-served for
any remaining permits.
(e) There shall be an unlimited daily harvest
of catfish less than trophy size for each permit holder.
(f) There shall be a daily creel limit of
four (4) trophy catfish in aggregate for each permit holder.
(3) An Ohio River Trophy Catfish
Permit holder shall not possess more than one (1) daily creel limit of trophy
catfish while on the water or trailering on a boat ramp.
(4) There shall be a maximum of two (2) daily
creel limits of trophy catfish possessed per boat while on the water or when
trailering on a boat ramp if there is more than one (1) Ohio River Trophy
Catfish Permit holder in the boat.
(5) While on the water or trailering on a
boat ramp, a commercial fisherman who does not possess an Ohio River Trophy
Catfish Permit shall not possess more than one (1) daily creel limit of:
(a) Flathead catfish greater than or equal to
thirty-five (35) inches;
(b) Blue
catfish greater than or equal to thirty-five (35) inches; or
(c) Channel catfish greater than or equal to
twenty-eight (28) inches.
(6) While on the water or trailering on a
boat ramp, multiple commercial fishermen per boat who do not possess an Ohio
River Trophy Catfish Permit shall not possess more than two (2) daily limits
of:
(a) Flathead catfish greater than or equal
to thirty-five (35) inches;
(b)
Blue catfish greater than or equal to thirty-five (35) inches; or
(c) Channel catfish greater than or equal to
twenty-eight (28) inches.
Section 6. Harvester Permit.
(1) In order to retain his or her permit
privilege, a harvester permit holder shall submit to the department postmarked
by September 15:
(a) A completed Application
for Commercial Roe-bearing Fish Harvester's Permit; and
(b) The permit fee as established in
301 KAR
3:022.
(2) Prior to being issued a harvester permit,
a person shall possess a valid commercial fishing license.
(3) A harvester permit shall not be sold to a
resident of a state that will not sell a nonresident harvester permit, or its
equivalent, to Kentucky residents.
(4) The maximum number of resident harvester
permits available each year shall be 101.
(5) The maximum number of nonresident
harvester permits available each year shall be eighteen (18).
(6) A harvester permit holder shall be
eligible to transfer permit privileges to an:
(a) Immediate family member; or
(b) Unlicensed helper who:
1. Has been employed by the permit holder for
a period of at least one (1) year in that capacity; and
2. Complies with the requirements of this
administrative regulation.
(7) To transfer a permit, the permit holder
shall send to the department:
(a) A notarized
letter documenting the name and relationship of the permit recipient;
and
(b) If an unlicensed helper,
proof of employment of the unlicensed helper for a period of one (1) year.
(8) Transferability
shall be voided if a commercial fishing license or harvester permit is revoked
or suspended as established in Section 14 of this administrative
regulation.
Section 7.
Harvester Permit Lottery.
(1) There shall be a
lottery for the unfilled harvester permits below the quota.
(2) A person shall apply for the lottery by
submitting the following to the department by September 15:
(a) A completed Application for Commercial
Roe-bearing Fish Harvester's Permit; and
(b) The appropriate permit fee as established
in
301 KAR
3:022.
(3) A mailed Application for Commercial
Roe-bearing Fish Harvester's Permit shall be postmarked by September 15 to be
eligible.
(4) A person chosen in
the lottery shall first obtain a commercial fishing license prior to obtaining
a harvester permit.
(5) The
department shall return all permit fees to those not chosen in the
lottery.
(6) If the department
receives fewer resident or nonresident Applications for Commercial Roe-bearing
Fish Harvester's Permits than the number of available harvester permits, then
completed Applications for Commercial Roe-bearing Fish Harvester's Permits
received after September 15 shall be issued in the order they were received
until the quota has been reached.
(7) If the number of Applications for
Commercial Roe-bearing Fish Harvester's Permits received after September 15
exceeds the number of harvester permits available, then a second lottery shall
be held to determine the recipients of the available permits.
Section 8. Harvester Permit
Requirements.
(1) A harvester permit shall be
required for a licensed commercial fisherman to harvest, transport, or sell roe
fish or unprocessed roe.
(2) A
permit shall not be required for a special commercial fishing permit holder to
harvest and sell roe-bearing fish flesh or unprocessed roe from Kentucky and
Barkley lakes during the special commercial fishing season, as established in
301
KAR 1:140.
(3) A harvester permit shall not be issued
unless all applicable reports have been completed and submitted to the
department, pursuant to Section 14 of this administrative regulation.
(4) A harvester permit holder shall:
(a) Have the permit in possession while:
1. Fishing for roe-bearing fish;
and
2. Transporting or selling
roe-bearing fish or unprocessed roe;
(b) Only sell, ship, barter, or provide
harvested roe from roe-bearing fish to a Kentucky permitted buyer as
established in Section 9 of this administrative regulation; and
(c) Possess a valid bill of lading if
transporting unprocessed roe to a Kentucky permitted buyer.
Section 9. Buyer's
Permit Requirements.
(1) A buyer's permit
shall be required to buy, sell, barter, receive, or ship unprocessed roe from
roe-bearing fish harvested in Kentucky.
(2) A person shall apply for a buyer's permit
by submitting a completed Application for Commercial Roe-bearing Fish Buyer's
Permit along with the appropriate permit fee to the department, as established
in
301 KAR
3:022.
(3)
A buyer's permit holder shall:
(a) Not
knowingly purchase illegally taken fish or unprocessed roe from any
state;
(b) Have in possession a
valid buyer's permit while purchasing, receiving, or transporting unprocessed
roe;
(c) Maintain for a period of
three (3) years an accurate record of all unprocessed roe purchased from
roe-bearing fish harvesters in Kentucky;
(d) Maintain for a period of three (3) years
an accurate record of all unprocessed roe purchased from roe-bearing fish
harvesters in another state including:
1.
Name, address, and telephone number of the seller;
2. License number of the seller;
and
3. Number of pounds of
unprocessed roe purchased;
(e) Sign the harvester permit holder's Daily
Roe-bearing Fish Harvester's Transaction Report for each transaction prior to
purchasing or receiving unprocessed roe from the harvester;
(f) Retain a copy of the Daily Roe-bearing
Fish Harvester's Transaction Report for each transaction with a harvester
permit holder for a period of three (3) years; and
(g) Allow a conservation officer access to
all records and reports, as established in this section, upon request, during
normal business hours.
Section 10. Commercial Fishing Season and
Size Limits.
(1) The commercial fishing season
shall be open year-round in the waters listed in
301 KAR
1:150, except for:
(a) Kentucky and Barkley lakes as established
in
301
KAR 1:140;
(b) The shovelnose sturgeon season, which
shall extend from October 15 through May 15 in the Ohio River Basin only;
and
(c) The paddlefish season,
which shall extend from:
1. November 1 through
April 30 in all waters open to commercial fishing, except Barkley and Kentucky
Lakes, as established in
301
KAR 1:140; and
2. November 1 through May 31 for commercial
trotlines in all waters open to commercial fishing, except the Ohio and
Mississippi Rivers.
(2) There shall not be a size limit on any
commercially-harvested rough fish, except that a commercial fisherman shall
only harvest:
(a) Shovelnose sturgeon between
twenty-four (24) and thirty-two (32) inches, as measured from the tip of the
snout to the fork of the tail fin;
(b) Paddlefish that are thirty-two (32)
inches or greater, as measured from the beginning of the eye to the fork of the
tail fin, except in Kentucky and Barkley lakes as established in
301
KAR 1:140; and
(c) Blue catfish, flathead catfish, and
channel catfish as established in Section 5 of this administrative regulation,
and measured by laying the fish flat on a ruler with the mouth closed and tail
lobes squeezed together.
(3) A harvester or buyer permit holder shall
not possess:
(a) Unprocessed paddlefish roe
after June 5; or
(b) Unprocessed
shovelnose sturgeon roe after May 20.
Section 11. Species Ineligible for Commercial
Harvest.
(1) A commercial fisherman shall not
harvest, and shall immediately release the following species:
(a) Sport fish listed in
301 KAR
1:060;
(b)
Pallid sturgeon, a federally endangered species;
(c) Lake sturgeon;
(d) Shovelnose sturgeon caught in the
Mississippi River;
(e) All turtle
species;
(f) All mussel species
except Asiatic clams (Genus Corbicula); and
(g) Alligator gar.
(2) A licensed commercial fisherman shall
only sell roe-bearing fish or unprocessed roe from roe-bearing fish harvested
by commercial fishing methods as established in
301 KAR
1:146.
Section 12. Tending Gear and Removing Fish. A
commercial fisherman shall:
(1) Tend and
remove the fish from:
(a) Hoop nets or slat
traps at least once every seventy-two (72) hours; and
(b) Other commercial fishing gear at least
once every twenty-four (24) hours;
(2) Not possess eggs of any species of fish
outside of the fish's body cavity while on the water or adjacent bank;
and
(3) Remove commercial fishing
gear from the water when finished fishing.
Section 13. Roe Fish Egg Checking
Methodology. A commercial fisherman shall use a ten (10) gauge or smaller
needle to examine roe fish for the presence of eggs.
Section 14. Reporting, License and Permit
Suspension, Renewal, and Revocation.
(1) Every
licensed commercial fisherman shall submit a completed Monthly Report of
Commercial Fish Harvest in Kentucky by the tenth day of every month for the
previous month's harvest, even if no harvest occurred.
(2) A harvester permit holder shall:
(a) Complete a Daily Roe-bearing Fish
Harvester's Transaction Report for each day of the month that roe-bearing fish
are harvested or sold to a Kentucky permitted buyer; and
(b) Submit to the department all completed
daily reports within a calendar month by the tenth day of the following month,
in addition to the reporting requirements established in subsection (1) of this
section.
(3) If a
buyer's permit holder completes any transactions in a given month, the permit
holder shall submit to the department a completed Monthly Commercial
Roe-bearing Fish Buyer's Report by the tenth day of the following
month.
(4) A report that is being
mailed to the department shall be postmarked on or before the tenth of the
month pursuant to subsections (1) through (3) of this section.
(5) The department shall issue a courtesy
reminder letter to a holder of a commercial fishing license, harvester permit,
or buyer's permit who has failed to submit to the department a monthly report
by the deadlines established in subsections (1) through (4) of this
section.
(6) The department shall
issue a warning letter to a license or permit holder who has twice failed to
meet the reporting deadlines established in subsections (1) through (4) of this
section during any given commercial fishing license year.
(7) The department shall suspend the
commercial fishing license of a license or permit holder who has failed to meet
reporting deadlines for three (3) or more months in a given license year until
the license or permit holder submits to the department all required
reports.
(8) The department shall
suspend for a period of three (3) months the commercial fishing license of a
license holder who has not met the reporting deadlines established in this
section for four (4) or more times in a license year.
(9) If a three (3) month suspension extends
into a new license year, subsequent delinquent reports shall result in
additional three (3) month suspensions.
(10) The department shall not renew a
commercial fishing license, harvester permit, or buyer's permit for a person
who has not satisfied the reporting requirements of this administrative
regulation.
(11) The department
shall revoke the commercial fishing license, for a period of two (2) years, of
a person who has been convicted of a federal commercial fishing violation or
the following state violations involving commercial fishing:
(a) Use of illegal commercial fishing gear,
pursuant to
301 KAR
1:146;
(b)
Knowingly placing commercial fishing gear in a restricted area, pursuant to
Section 4(2) and (3) of this administrative regulation;
(c) Harvesting prohibited species of
fish;
(d) Commercially fishing in
waters not open to commercial fishing, pursuant to
301 KAR
1:150; or
(e) Knowingly falsifying commercial harvest
data.
(12) The
department shall revoke a buyer's permit, for a period of two (2) years, of a
person:
(a) Convicted of a federal commercial
fishing violation; or
(b) Who
falsified data on a Monthly Commercial Roe-bearing Fish Buyer's
Report.
(13) A person
may request an administrative hearing pursuant to KRS Chapter 13B if a permit
has been:
(a) Denied;
(b) Suspended;
(c) Not renewed; or
(d) Revoked.
Section 15. Boundaries. The department shall
make available on its Web site at fw.ky.gov the Global Positioning System
coordinates detailing the Kentucky and Ohio border on the Ohio River, for
download to personal devices.
Section
16. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Commercial
Roe-bearing Fish Harvester's Permit", 2008 edition;
(b) "Application for Commercial Roe-bearing
Fish Buyer's Permit", 2008 edition;
(c) "Daily Roe-bearing Fish Harvester's
Transaction Report", 2008 edition;
(d) "Monthly Commercial Roe-Bearing Fish
Buyer's Report", 2008 edition;
(e)
"Monthly Report of Commercial Fish Harvest in Kentucky", 2019 edition;
and
(f) "List of GPS coordinates
for Ohio River Boundary with Ohio", 2008 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Fish and
Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.175(3),
50 C.F.R. 17