301 KAR 1:085. Mussel shell harvesting.

 

      RELATES TO: KRS 150.025, 150.110, 150.170, 150.175, 150.520

      STATUTORY AUTHORITY: KRS 150.025(1), 150.520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations governing the taking of wildlife. KRS 150.520 grants the department specific authority to regulate the taking, buying and selling of mussels and to require reporting of musseling operations. This administrative regulation establishes licensing requirements, seasons, size limits, waters open, and reporting requirements for musseling.

 

      Section 1. Section 1. Definitions. (1) "Brail" means a wood or metal rod with attached hooks which is dragged across the bottom to take mussels.

      (2) "East side" means the area in Kentucky Lake or Barkley Lake east of the line of red navigational buoys marking the main channel.

      (3) "Mussel" means:

      (a) An intact live or dead mussel;

      (b) A mussel shell; or

      (c) A part of a mussel shell.

      (4) "To brail" means to take mussels using a brail.

      (5) "To mussel" means to take mussels by means of commercial musseling gear.

      (6) "West side" means the area in Kentucky Lake or Barkley Lake west of:

      (a) The line of red navigational buoys marking the channel; or

      (b) A water depth of fifty-five (55) feet.

 

      Section 2. (1) Except as specified in subsection (2) of this section, a person shall possess a mussel license if he:

      (a) Has more than six (6) mussels in his possession, unless he has a mussel buyer’s license;

      (b) Possesses commercial musseling equipment while on the water; or

      (c) Sells or attempts to sell a mussel.

      (2) A licensed musseler may be accompanied by one (1) unlicensed helper.

      (3) An unlicensed helper shall not perform an act authorized by a mussel license unless he is in the presence of a licensed musseler.

 

      Section 3. A person shall not:

      (1) Sell a mussel unless he has a valid:

      (a) Mussel license; or

      (b) Mussel buyer’s license.

      (2) Buy a mussel:

      (a) Unless he has a valid mussel buyer’s license; and

      (b) Except from a person holding a valid:

      1. Mussel license; or

      2. Mussel buyer’s license.

 

      Section 4. A musseler shall paint or affix his department issued identification number to his brail boat so it is clearly visible to aerial observation.

 

      Section 5. (1) To apply for a mussel license, a person shall:

      (a) Complete a Mussel License Application Form;

      (b) Submit the completed form to the department during the month of November; and

      (c) Include the license fee as stipulated in 301 KAR 3:022.

      (2) The department shall issue a mussel license only to a person who had previously purchased a mussel license between January 1, 2000 and November 10, 2005.

      (3) Mussel license holders who purchased a mussel license between January 1, 2000 and November 10, 2005 shall not be allowed to transfer this mussel license buying privilege to another person.

 

      Section 6. (1) A person shall not mussel:

      (a) Within 200 yards below a dam; or

      (b) Except in the waters specified in subsection (2) of this section.

      (2) The following waters shall be open to musseling:

      (a) Kentucky Lake, except embayments as defined by the Kentucky Lake Musseling Waters Map shall be opened to mussel brailing until February 28, 2011, or until an alternative mussel harvest method is established by the department;

      (b) Barkley Lake, except embayments as defined by the Barkley Lake Musseling Waters Map shall be opened to mussel brailing until February 28, 2011, or until an alternative mussel harvest method is established by the department;

      (c) Tennessee River downstream from river mile seventeen and eight-tenths (17.8) shall be opened to mussel brailing until February 28, 2016, or until an alternative mussel harvest method is established by the department;

      (d) Cumberland River downstream from the U.S. Highway 62 bridge shall be opened to mussel brailing until February 28, 2016, or until an alternative mussel harvest method is established by the department;

      (e) Ohio River shall be opened to mussel brailing until February 28, 2016, or until an alternative mussel harvest method is established by the department, except between river miles:

      1. 418 and 419;

      2. 965.0 and 974.1;

      3. 387.0 at Ruggles Run, Kentucky and 388.7 at Cummins Branch, Kentucky; and

      4. 394.6 at Lindseys Creek, Ohio, and 397.1 at Old Ferry Landing, Manchester, Ohio;

      (f) Green River downstream from the western boundary of Mammoth Cave National Park, except from lock and dam #5 downstream four and eight-tenths (4.8) miles to the confluence of Ivy Creek shall be opened to mussel brailing until February 28, 2011 or until an alternative mussel harvest method is established by the department;

      (g) Barren River downstream from Barren River Lake dam, except from lock and dam #1 downstream three and five-tenths (3.5) miles to the confluence with Mortar Branch shall be opened to mussel brailing until February 28, 2011 or until an alternative mussel harvest method is established by the department;

      (h) Kentucky River downstream from Beattyville shall be opened to mussel brailing until February 28, 2011 or until an alternative mussel harvest method is established by the department;

      (i) Rough River downstream from Rough River Lake dam; and

      (j) Rolling Fork River shall be opened to mussel brailing until February 28, 2011 or until an alternative mussel harvest method is established by the department.

 

      Section 7. (1) Except as otherwise stipulated in this section, a person shall not mussel except between 6 a.m. and 6 p.m.

      (2) Musseling hours shall be:

      (a) 8:30 a.m. to 3:30 p.m. during December through February; and

      (b) 8 a.m. to 6 p.m. during the remainder of the year on the following waters:

      1. The west side of:

      a. Kentucky Lake; or

      b. Barkley Lake;

      2. The canal connecting Kentucky and Barkley Lakes; and

      3. From Cumberland River mile 36.2 at Big Horse Ford Light downstream to Barkley Lake Dam.

      (3) Musseling hours shall be:

      (a) 9:30 a.m. to 3 p.m. during December through February; and

      (b) 9:30 a.m. to 5 p.m.. during the remainder of the year on the east side of:

      1. Kentucky Lake; or

      2. Barkley Lake.

 

      Section 8. A person may mussel year-round, except:

      (1) A person shall not mussel on Saturday or Sunday:

      (a) On Kentucky Lake:

      1. In March; or

      2. From the Saturday before Memorial Day through Labor Day.

      (b) On Barkley Lake, from the Saturday before Memorial Day through September 30.

      (2) On Kentucky Lake or Barkley Lake, a person shall not mussel on:

      (a) Memorial Day;

      (b) Independence Day; or

      (c) Labor Day.

 

      Section 9. (1) A person shall:

      (a) Determine the size of a mussel by attempting to pass the mussel through a circular opening with an inside diameter equal to the specified size limit.

      (b) Immediately return a mussel which passes through the circular opening to the mussel bed from which it was taken.

      (2) The mussel size limit shall be two and one-half (2 1/2) inches except as specified in this section.

      (3) There shall not be a size limit on the Asiatic clam (Corbicula sp.)

      (4) The size limit for the following species shall be:

      (a) Washboard mussel, Megalonaias nervosa: Four (4) inches.

      (b) Three (3) ridge mussel, Amblema plicata: Two and three-fourths (2 3/4) inches.

 

      Section 10. A person shall not:

      (1) Mussel, except by brail.

      (2) Use or possess:

      (a) On the water:

      1. A brail longer than sixteen (16) feet;

      2. More than two (2) brails;

      3. A brail hook:

      a. Made of wire smaller than fourteen (14) gauge; or

      b. With a prong larger than one and one-fourth (1 1/4) inch, measured from the tip of the point to where the prongs are joined.

      (b) On a licensed brail boat:

      1. A dredge; or

      2. A compressed air tank.

 

      Section 11. (1) A mussel license holder shall submit an annual written report to the department:

      (a) By December 31 of each year;

      (b) On a form provided by the department furnishing the following information:

      1. Name, address and mussel license number;

      2. Dates of brailing activity;

      3. Waters brailed;

      4. Name or category of mussels taken;

      5. Weight of each type or category;

      6. Price received per pound of each type or category;

      7. Total value of mussels sold;

      8. Name and license number of buyer who bought mussels.

      (2) The department shall not renew the license of a person who does not submit a complete report.

 

      Section 12. (1) A mussel buyer shall:

      (a) Complete a mussel transaction report form each time he acquires a mussel.

      (b) Use forms in sequential order.

      (c) Write on voided forms:

      1. The word "void";

      2. His mussel buyer's license number;

      3. The current date; and

      4. His signature.

      (d) Mail completed forms, including voided forms:

      1. To the department;

      2. In time to arrive on the fifteenth of each month.

      (e) If a shell was not acquired during a month, submit a report stating that no business was conducted.

      (2) The department shall not renew the license of a mussel buyer until:

      (a) All monthly forms are received; and

      (b) The information required on the form is provided.

 

      Section 13. A mussel designated as endangered shall not be taken.

 

      Section 14. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Kentucky Lake Musseling Waters Map, 1993;

      (b) Barkley Lake Musseling Waters Map, 1993;

      (c) Mussel License Application Form, 1996;

      (d) Mussel Harvest Report Form, 1990;

      (e) Mussel Buyer’s Monthly Report Form, 1994.

      (f) List of commercial mussel fisherman who purchased a commercial mussel license between January 1, 2000 and November 10, 2005.

      (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 a.m. until 4:30 p.m. (KFWR-F-124; 1 Ky.R. 241; eff. 1-8-75; Am. 8 Ky.R. 1153; eff. 6-2-82; 13 Ky.R. 1711; eff. 5-14-87; 14 Ky.R. 1288; eff. 2-8-88; 15 Ky.R. 1130; eff. 11-23-88; 17 Ky.R. 3216; 18 Ky.R. 74; eff. 7-31-91; 1160; eff. 11-26-91; 2350; eff. 4-14-92; 19 Ky.R. 455; eff. 9-23-92; 20 Ky.R. 592; eff. 10-27-93; 3223; 21 Ky.R. 307; eff. 7-27-94; 1162; eff. 12-12-94; 22 Ky.R. 309; eff. 10-11-95; 26 Ky.R. 1028; 1405; 1531; 1-19-2000; 29 Ky.R. 512; 925; eff. 10-9-2002; 32 Ky.R. 2081; 33 Ky.R. 135; eff. 8-24-06.)