301 KAR 1:146. Commercial fishing gear.

      RELATES TO: KRS 150.010, 150.025, 150.120, 150.170, 150.175, 150.445, 150.450, 150.990

      STATUTORY AUTHORITY: KRS 13A.350, 150.025

      NECESSITY, FUNCTION, AND CONFORMITY: It is necessary to accurately describe the gear allowed in commercial fishing so that the proper size and species of fish can be harvested, the sport fish populations are not adversely affected and perpetuation of the fishery resource is assured. This amendment is necessary to readjust the hoop net mesh size on the Ohio River for a two (2) year transition period.

      Section 1. The functions of the various commercial fishing tags authorized under KRS 150.175 are consolidated into one (1) tag called "commercial gear tag" which shall serve as they each were designated in KRS 150.175, subsections (5), (6), (7) and (8).

      Section 2. All lines and mesh shall be made of linen, cotton or flexible synthetic fiber only. All mesh shall be measured by bar measure. This measure is the length of one (1) side of the square, or as measured between two (2) knots on the same line.

      Section 3. The following gear is the only commercial gear that shall be used in commercial waters designated in 301 KAR 1:150 and under conditions described in 301 KAR 1:155 by appropriately licensed commercial fishermen:

      (1) Hoop net, wing net, straight lead net, heart lead net.

      (a) Shall have a minimum mesh size of three (3) inches, except in the Ohio River, the Mississippi River, those portions of the Cumberland River below Barkley Dam and the Tennessee River below Kentucky Dam that are open to commercial fishing where the minimum mesh size shall be one (1) inch.

      (b) Hoops may be any size or shape or material.

      (c) Maximum length of each lead or wing shall be sixty (60) feet.

      (d) Wings and leads must be constructed of multifilament natural or synthetic material only.

      (e) Netting used for wings and leads shall be constructed of twine no smaller than number six (#6) nylon or equivalent, having a breaking strength of fifty-five (55) pounds or greater.

      (f) Wings and leads may be of knotted or knotless construction and shall have a mesh size no larger than one (1) inch.

      (g) Hoop nets, wing nets, straight lead nets or heart lead nets shall be fished as individual nets. Wings or leads shall not be tied together so as to become continuous multiple net units.

      (h) Wings and leads shall be used only to lead fish into the hoop net.

      (i) One (1) commercial gear tag shall be attached to the first hoop of each net.

      (2) Gill net or trammel net.

      (a) May be used only in Ohio and Mississippi Rivers and overflow lakes directly connected with each river or as specified in 301 KAR 1:140. Minimum mesh size is three (3) inches in the Mississippi and its overflow lakes and four (4) inches in the Ohio River and its overflow lakes.

      (b) May be fished weighted or as a flag net.

      (c) Shall have one (1) commercial gear tag attached to each 100 feet or part thereof.

      (3) Commercial trotline.

      (a) Shall have more than fifty (50) hooks placed no closer than eighteen (18) inches apart.

      (b) Shall have one (1) commercial gear tag attached.

      (c) Shall be no longer than 3,000 feet, including staging, and shall be fished separately, not tied together in a continuous line.

      (4) Seine.

      (a) Shall have a maximum mesh size of one (1) inch and may be of knotted or knotless construction. Knotted netting shall be constructed of twine no smaller than number 6 (#6) nylon or equivalent having a breaking strength of fifty-five (55) pounds or greater, and knotless netting shall be constructed of twine no smaller than #147 nylon or equivalent having a breaking strength of fifty (50) pounds or greater.

      (b) Shall be constructed of multifilament natural or synthetic material only.

      (c) Shall have both float and lead lines.

      (d) Shall have wood, fiberglass, or metal poles or brailes attached at each end.

      (e) Shall be attended by persons pulling the siene by hand through the water for the entrapment of fish.

      (f) Shall have one (1) commercial gear tag attached to each 100 feet or part thereof.

      (5) Slat trap basket.

      (a) Shall have no wire or other mesh added to any part of trap.

      (b) Shall have at least two (2) openings left between slats no smaller than one and one-fourth (1 1/4) inches wide in the catch portion of the trap. These openings shall not be restricted by cross-bracings to a length shorter than eight (8) inches.

      (c) Shall be no larger than two (2) feet in diameter or square-end measure.

      (d) Shall have one (1) commercial gear tag attached to opening ring or square. (15 Ky.R. 1184; eff. 11-23-88; Am. 16 Ky.R. 1401; 2654; eff. 5-8-90.)