301 KAR 1:140. Special commercial fishing permit for Kentucky and Barkley lakes.

      RELATES TO: KRS 150.450(2)

      STATUTORY AUTHORITY: KRS 150.025(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to regulate the size or type of devices and methods used to take wildlife, including rough fish and the places where they may be taken. This administrative regulation is necessary to specify legal commercial fishing waters and restrictions on the use of gill and trammel nets.

      Section 1. Definitions. (1) "Bar mesh size" means the distance between two (2) knots on a line of a net.

      (2) "Immediate family" means the person's spouse, mother, father, grandparent, son, or daughter.

      (3) "Permit" means a special commercial fishing permit.

      (4) "Rough fish" is defined by KRS 150.010(32).

      (5) "Whip set" means a gill net or a trammel net rigged so it is free-floating.

      Section 2. Permit Requirements. (1) A person shall possess a valid Kentucky commercial fishing license to obtain or retain a permit throughout the special commercial fishing season.

      (2) The department shall issue a permit only to a person who is eligible as specified in this section and had previously purchased a permit for the 2003 through 2005 special commercial fishing season.

      (3) For the 2007-2008 special commercial fishing season, the department shall not issue more than twenty-six (26) permits. Thereafter, the number of permits issued shall be reduced through attrition to a maximum of twenty-five (25).

      (a) A permit holder shall purchase a permit annually to retain the privilege to purchase a permit in following years;

      (b) The ability to purchase a permit shall only be transferred to immediate family members;

      (c) New permits shall not be issued until the total number of permits has been reduced to less than twenty-five (25);

      (d) A lottery drawing shall be used to select new permittees once the number of permits has been reduced to less than twenty-five (25).

      1. A person wishing to apply for a vacant permit shall submit an application along with permit fees, as stipulated in 301 KAR 3:022, to the department prior to October 1 of the fishing season to be included in the lottery drawing.

      2. No more than seven (7) of the maximum number of permits issued shall be nonresident permits.

      Section 3. A person who has in his or her possession a valid permit and a commercial fishing license may use a gill net or a trammel net to take rough fish:

      (1) From November 1 through March 31 at both Kentucky and Barkley lakes.

      (2) In the portions of Kentucky and Barkley lakes open to commercial fishing as specified in 301 KAR 1:150.

      Section 4. A person using a gill net or a trammel net in the waters specified in Section 3 of this administrative regulation shall:

      (1) Before fishing, and after meeting requirements in Section 2 of this administrative regulation apply for a permit by submitting a completed Application for a Special Commercial Fishing Permit that shall be provided by the department.

      (2) Have the permit in his or her possession while:

      (a) Fishing with a gill net or a trammel net;

      (b) Transporting a gill net or a trammel net; or

      (c) Selling fish taken with a gill net or a trammel net;

      (3) Tag a gill net or a trammel net as specified in KRS 150.175(1)(d);

      (4) Not use a gill net or a trammel net with a bar mesh size smaller than three and one-half (3-1/2) inches or larger than four and one-half (4-1/2) inches, except:

      (a) A whip set may have a minimum bar mesh size of three (3) inches;

      (b) Beginning on November 15 and running through March 31 at both Kentucky and Barkley lakes, gill and trammel nets with a bar mesh size from four and one-half (4 1/2) to six (6) inches may be used in stationary sets only;

      (5) Not fish a stationary set net with the top of the net or float line shallower than three (3) feet below the surface;

      (6) Tend each net, except whip sets, at least once every twenty-four (24) hours;

      (7) Not leave whip sets unattended;

      (8) Affix a decal supplied by the department to each side of the boat or motor he uses for fishing under this permit so that the decal is clearly visible while the boat is used for fishing with a gill net or a trammel net;

      (9) Not dispose of any commercially caught rough fish at public boat launch areas;

      (10) Adhere to the following minimum eye to fork length size limit for paddlefish

      (a) From November 1, 2007 to March 31, 2008 at Kentucky and Barkley lakes the minimum eye to fork length size limit for paddlefish shall be thirty-seven (37) inches; and

      (b) Thereafter, the minimum eye to fork length size limit for paddlefish at both Kentucky and Barkley lakes during the special commercial fishing season shall be thirty-eight (38) inches.

      Section 5. The permit holder may be accompanied by one (1) unlicensed helper, who shall be:

      (1) In the same boat with the permit holder while fishing with a gill net or a trammel net; or

      (2) Accompanied by the permit holder while transporting or selling fish taken under the permit.

      Section 6. The permit holder shall:

      (1) Maintain an accurate record of daily fishing activity; and

      (2) Submit a completed monthly report to the department by the tenth day of the following month on the Monthly Report of Commercial Fish Harvest in Kentucky form that is provided by the department.

      Section 7. Permit Revocation and Renewal.

      (1) The department shall revoke or not renew the permit 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;

      (b) Placement of commercial fishing gear in a restricted area;

      (c) Harvesting of prohibited species of fish;

      (d) Commercially fishing in waters not open to commercial fishing; or

      (e) Nonreporting or falsifying of commercial harvest data.

      (2) A person whose permit has been revoked or not renewed shall be eligible to enter the lottery drawing described in Section 2 of this administrative regulation following the revocation period only if a permit is available based on the twenty-five (25) permit restriction.

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Application for a Special Commercial Fishing Permit, 2007;

      (b) Monthly Report of Commercial Fish Harvest in Kentucky, 2007; and

      (c) List of commercial fishermen who purchased a special commercial fishing permit during the 2003 through 2005 fishing seasons.

      (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. to 4:30 p.m. (4 Ky.R. 136; eff. 12-7-77; Am. 569; eff. 8-2-78; 5 Ky.R. 1078; eff. 8-1-79; 6 Ky.R. 684; eff. 8-6-80; 8 Ky.R. 1155; eff. 6-2-82; 11 Ky.R. 620; eff. 11-13-84; 14 Ky.R. 1935; eff. 5-9-88; 25 Ky.R. 1686; eff. 3-10-99; 26 Ky.R. 2296; 27 Ky.R. 485; eff. 8-14-2000; 33 Ky.R. 516; 1075; eff. 10-11-06; 34 Ky.R. 848; 1393; eff. 12-12-2007.)