Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.470,
150.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1)(h) authorizes the
department to promulgate administrative regulations reasonably necessary to
carry out the purposes of KRS Chapter 150.
KRS
150.175(24) establishes a
pay lake license that authorizes the holder to operate privately-owned
impounded waters for fishing purposes for which a fee is charged.
KRS
150.660 authorizes a person to establish a
pay lake subject to the approval of the Commissioner of the department. This
administrative regulation establishes the requirements for pay lake
operators.
Section 1. Definitions.
(1) "Pay lake" means a privately-owned,
impounded body of water where a daily fee is charged to fish, and is open to
the public.
(2) "Pay lake operator"
means a person who holds a valid pay lake license, as established in
301 KAR
3:022.
(3)
"Trophy catfish" means a:
(a) Blue or flathead
catfish that is a minimum of thirty-five (35) inches in length; or
(b) Channel catfish that is a minimum of
twenty-eight (28) inches in length.
Section 2. Pay Lake License and Signage.
(1) A person shall not operate a pay lake
without a valid pay lake license.
(2) A pay lake license shall be transferable,
but only for the same pay lake, except that no license may be transferred while
an enforcement action is pending.
(3) A pay lake operator shall post clearly
visible signage stating:
(a) The water body of
origin of stocked catfish and any associated consumption advisories, if
applicable; and
(b) Fish handling
policies if catch and release fishing is offered.
Section 3. Documentation and Fish
Stocking Requirements.
(1) A pay lake shall
not accept catfish that have been gifted to them.
(2) A pay lake shall save all receipts for
three (3) years from the date of purchase, for each fish order received, and
the receipts shall include:
(a) The name,
address, and telephone number of:
1. The
hatchery, if obtained from a hatchery; or
2. The commercial fisherman and driver who
provided the fish, if obtained from public waters;
(b) Purchase dates; and
(c) The following details of fish by species,
except catfish shall be recorded with separate entries for trophy and
non-trophy catfish of each species, which includes the:
1. Estimated number of fish;
2. Poundage; and
3. Waterbody of origin.
(3) A pay lake may stock trophy
catfish from public waters up to 750 pounds per surface acre of water per
stocking, with a maximum annual limit of up to 2,250 pounds per surface acre of
water per calendar year.
Section
4. Non-conforming Pay Lakes. Any lake not meeting the definition
of a pay lake, as established in Section 1 of this administrative regulation,
shall not qualify for a pay lake license, except that any non-conforming pay
lake that was previously licensed as a pay lake for all license years 2008
through 2018 inclusive, shall be permitted to renew a pay lake license until
the pay lake operator does not purchase a pay lake license for one (1) annual
license period or the pay lake license is revoked as established in Section 6
of this administrative regulation. Notwithstanding any other provision,
non-conforming pay lake licenses are non-transferable, and shall not be renewed
after the 2054-2055 license year.
Section
5. Pay Lakes With Trophy Catfish From Public Waters.
(1) There shall be a maximum of thirty-five
(35) pay lakes with trophy catfish originating from public waters in any pay
lake license year.
(2) If there are
more than thirty-five (35) licensed pay lakes, as established in subsection (1)
of this section, at the effective date of this administrative regulation, each
licensed pay lake shall be permitted to renew a pay lake license until the pay
lake operator does not purchase a pay lake license for one (1) annual license
period.
(3) If at the end of a pay
lake license year, less than thirty-five (35) pay lake licenses were issued, as
established in subsection (1) of this section, then the department shall issue
pay lake licenses on a first-come, first-served basis beginning on the first
work day of the next license year.
Section 6. Pay Lake License Revocation.
(1) A pay lake operator who violates this
administrative regulation or is convicted or enters a guilty plea to any state
or federal fish or game violation shall have his or her pay lake license
revoked for a period of three (3) months for a first offense, one (1) year for
a second offense, and two (2) years for a third or subsequent offense, except
any revocation of non-conforming pay lake licenses shall be
permanent.
(2) A pay lake operator
whose pay lake license is denied, revoked, or suspended may request an
administrative hearing as established in KRS Chapter 13B.
(3) A request for a hearing shall be in
writing and postmarked or delivered in person to the department no later than
thirty (30) days after notification of the denial or revocation.
(4) Upon receipt of the request for a
hearing, the department shall proceed as established in KRS Chapter
13B.
(5) The hearing officer's
recommended order shall be considered by the Commissioner and the Commissioner
shall issue a final order as established in KRS Chapter 13B. Approved by the
Fish and Wildlife Commission.
STATUTORY AUTHORITY:
KRS
150.025(1)(h),
150.175(24),
150.660