301 KAR 1:152. Asian Carp Harvest Program.

301 KAR 1:152. Asian Carp and Scaled Rough Fish Harvest Program.

RELATES TO: KRS 150.010, 150.170, 150.175, 150.445, 150.450(2), (3), 150.990

STATUTORY AUTHORITY: KRS 150.025(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to set seasons, establish bag or creel limits, to regulate the buying, selling, or transporting of fish and wildlife, and to make these requirements apply to a limited area. This administrative regulation establishes the requirements for the department’s Asian carp harvest program.

Section 1. Definitions. (1) "Asian carp" means silver carp, bighead carp, black carp, or grass carp.

(2) "By-catch" means any fish that is not an Asian carp or scaled rough fish.

(3) "Program participant" means a commercial fisherman who is:

(a) Enrolled in the Asian Carp Harvest Program; and

(b) Fishing in restricted water.

(4) "Restricted water" means those areas, pursuant to 301 KAR 1:140, 1:150, and 1:155, where:

(a) Commercial fishing is prohibited; or

(b) Commercial fishing with gill or trammel nets is prohibited.

(5) "Scaled rough fish" means any scaled fish that is not an Asian carp or sport fish pursuant to 301 KAR 1:060.

(6) "Whip net set" means a gill or trammel net that is:

(a) Set to encircle and harvest Asian carp; and

(b) Always tended by a program participant while in the water.

Section 2. Qualifications. A commercial fisherman shall:

(1) Contact the department and request to be included in the program;

(2) Possess a valid Kentucky commercial fishing license;

(3) Have possessed a valid Kentucky commercial fishing license for at least three (3) consecutive years; and

(4) Have reported a harvest of at least 10,000 pounds of fish per year for a three (3) consecutive year period.

Section 3. Program Participant Requirements. A program participant shall:

(1) Obtain an agreement with a fish buyer to deliver a requested poundage of Asian carp;

(2) Call the department at 800-858-1549 at least forty-eight (48) hours in advance of the requested fishing date and provide the following information:

(a) The participant’s name;

(b) The fish buyer’s name and phone number;

(d) The restricted water to be fished; and

(e) The total poundage of the Asian carp requested by the fish buyer.

(3) Only harvest Asian carp;

(4) Only fish:

(a) On dates approved by the department;

(b) At a location approved by the department; and

(5) Only use a whip net set with a minimum bar mesh size of three and one quarter (3.25) inches;

(6) Sign a Daily Harvest and Release Summary Card immediately after each day’s fishing;

(7) Be allowed to sell all harvested Asian carp and scaled rough fish pursuant to Section 2 of this administrative regulation;

(8) Immediately release all by-catch;

(9) Report all harvest on a Monthly Report of Commercial Fish Harvest form, pursuant to the requirements of 301 KAR 1:155;

(10) Harvest a weight ratio of at least seventy-five (75) percent Asian carp to twenty-five (25) percent scaled rough fish over a one (1) month period; and

(11) Be suspended from the program:

(a) For a three (3) month period beginning on the first day of the next month if the minimum requirements established in subsection (10) of this section are not met; and

(b) For a period of one (1) year beginning on the first day of the next month if the requirements are not met a second time.

Section 4. Department Requirements. (1) The department shall:

(a) Maintain a list of program participants and their contact information which shall be:

1. Provided to known fish buyers; and

2. Updated at least weekly.

(b) Review all restricted water fishing requests pursuant to the requirements of Section 3 of this administrative regulation;

(2) The department shall approve a qualified fishing request by assigning:

(a) A department observer to each program participant;

(b) A fishing location for a program participant and department observer, except that no more than two (2) program participants shall be assigned to the same one-half (1/2) mile section of water; and

(3) A department observer shall:

(a) Contact the program participant for an arranged meeting time and location;

(b) Be present during each approved fishing period by either:

1. Traveling in the participant’s boat, if allowed; or

2. Following the participant in a department boat;

(d) Complete a Daily Harvest and Release Summary Card.

(4) The department shall not approve a fishing request for the following reasons:

(a) Higher than normal by-catch is likely to occur at that location and time;

(b) Two (2) program participants have already been approved for the same one-half (1/2) mile section of water at the same time;

1. Memorial Day;

2. Labor Day;

3. July 4; or

4. A Saturday or Sunday from April 1 through September 30; or

(d) A department observer is unavailable on the requested date.

Section 5. Program disqualification. A program participant whose commercial fishing license becomes revoked or suspended pursuant to 301 KAR 1:155 shall be disqualified from participating in the Asian carp harvest program while that license is revoked or suspended.

Section 6. Incorporation by Reference. (1) "Daily Harvest and Release Summary Card", 2011 Edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman’s Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (38 Ky.R. 434; eff. 10-6-11; 38 Ky.R. 1473; 1724; eff. 5-4-12.)