301 KAR 1:155. Commercial fishing requirements.

301 KAR 1:155. Commercial fishing requirements.

RELATES TO: KRS 150.010, 150.120, 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 governing the methods and devices used to take wildlife, as well as the buying and selling of wildlife. The function of this administrative regulation is to regulate the taking of fish for commercial use, to avoid conflicts with other interests, and to utilize and conserve these fish populations.

Section 1. Definitions. (1) "Commercial fisherman" means a person holding a valid resident or nonresident commercial fishing license.

(2) "Commercial fishing gear" means the equipment described in 301 KAR 1:146.

(3) "Overflow lake" means a permanent or temporary body of water that receives overflow flood waters from an adjacent stream.

(4) "Sport fish" means those species so designated by 301 KAR 1:060.

(5) "Unlicensed helper" means a person without a commercial fishing license who is assisting a commercial fisherman.

Section 2. Unlicensed Helpers. (1) A commercial fisherman shall not utilize more than one (1) unlicensed helper while actively fishing.

(2) An unlicensed helper shall not use commercial fishing gear or sell fish unless he is accompanied by a licensed commercial fisherman.

Section 3. Tagging and Using Commercial Gear. A commercial fisherman shall:

(1) Tag commercial fishing gear so that a conservation officer can find and read the tag without undue difficulty.

(2) Not use commercial fishing gear:

(a) Within fifty (50) yards of the outlet or inlet of an overflow lake; or

(b) Within fifty (50) yards of the mouth of a stream except the mouth of the Ohio River.

(3) Not use commercial nets from April 1 through October 31:

(a) In bays and inlets of Kentucky or Barkley Lakes; or

(b) Within a distance of 200 yards from the mouth of bays or inlets in Kentucky or Barkley Lakes.

Section 4. Commercial Fishing Season and Size Limits. (1) The commercial fishing season shall be open year round in the waters listed in 301 KAR 1:150 except for:

(a) Kentucky and Barkley lakes as described in 301 KAR 1:140;

(b) The shovelnose sturgeon (Scaphirhynchus platorynchus) season, which shall extend from October 15 through May 15.

(2) A commercial fisherman shall have in his or her possession a valid commercial fishing license and a commercial shovelnose sturgeon permit to possess shovelnose sturgeon and their eggs.

(3) There shall be no size limits on any commercially-harvested rough fish except that a commercial fisherman shall only harvest shovelnose sturgeon between twenty-four (24) and thirty-two (32) inches, as measured from tip of snout to the fork of the tail fin.

Section 5. Fish Species Ineligible for Commercial Harvest. (1) A commercial fisherman shall not take:

(a) Sport fish listed in 301 KAR 1:060;

(b) Pallid sturgeon (Scaphirhynchus albus), a federally-endangered species; or

(2) If a commercial fisherman mistakenly catches a fish listed in subsection (1) of this section, he shall immediately return the fish, without undue injury, to the waters where it was taken.

Section 6. Tending Gear and Removing Fish. A commercial fisherman shall:

(1) Tend and remove the fish from:

(a) Baited hoop nets or slat traps at least every seventy-two (72) hours; and

(b) Other commercial fishing gear at least every twenty-four (24) hours.

(2) Not possess eggs of any species of fish outside of the fish's body cavity while on the water or adjacent bank.

(3) Remove commercial fishing gear from the water when finished fishing.

Section 7. Reporting. (1) A commercial fisherman shall report his or her monthly catch for all months that he or she was licensed including those when the licensee did not fish to the department, by the tenth day of the following month, by completing a Monthly Report of Commercial Fish Harvest in Kentucky form that is provided by the department.

(2) The department shall not renew the license of a commercial fisherman who does not submit a completed Monthly Report of Commercial Fish Harvest in Kentucky form for each month that he or she was licensed, including any months when the licensee did not fish.

Section 8. License Revocation and Nonrenewal. The department shall Revoke or not renew the commercial fishing license for a period of two (2) years, of a person that has been convicted of a federal commercial fishing violation or the following state violations involving commercial fishing:

(1) Use of illegal commercial gear;

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

(3) Harvesting of prohibited species of fish;

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

(5) Nonreporting or falsifying of commercial harvest data.

Section 9. Incorporation by Reference. (1) The Monthly Report of Commercial Fish Harvest in Kentucky, 2007, is incorporated by reference.

(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. (KFWR-F-CF3-2; 1 Ky.R. 243; eff. 1-8-75; Am. 5 Ky.R. 1078; eff. 8-1-79; 21 Ky.R. 490; eff. 9-28-94; 25 Ky.R. 410; 834; eff. 10-16-98; 29 Ky.R. 1314; 1765; eff. 1-16-2003; 32 Ky.R. 942; eff. 2-3-06; 34 Ky.R. 367; 850; 1395; eff. 12-12-07.)