301 KAR 1:115 - Propagation of aquatic organisms
RELATES TO: KRS 13B, 150.290, 150.485
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025 authorizes the Department of Fish and
Wildlife Resources to promulgate administrative regulations regarding the
buying, selling, and transporting of fish and wildlife; the restriction of
places where taking is permitted; and the application of make administrative
regulations to a limited area or to the entire state.
KRS
150.180(2) authorizes the
department to promulgate administrative regulations regarding the buying,
selling, and transporting of mussels and fishes by licensed fish propagation
permit holders. KRS
150.280 requires the department to promulgate
administrative regulations governing the propagation or holding of protected
wildlife. KRS
150.450 requires the department to promulgate
reasonable administrative regulations governing the taking of minnows and
crayfish from the waters of the Commonwealth.
50 C.F.R.
17.11 establishes federally threatened and
endangered fish species. This administrative regulation establishes the
requirements for obtaining a propagation permit for
Section 1. Permit Requirements and
Application Procedures.
(1) Before acquiring
or propagating aquatic organisms , an individual, corporation, or other business
entity shall obtain a permit from the department by:
(a) Completing the Fisheries Commercial
Propagation Permit application provided by the department; and
(b) Paying the permit fee as established in
301 KAR
5:022.
(2) The department shall issue a free permit
to elementary, middle, and secondary schools and similar educational
institutions if the propagated organisms are to be used for educational
purposes.
Section 2.
Acquisition of Brood Stock from Public Waters.
(1) A permit holder may obtain from public
waters a maximum of 1,500 live bait fishes or crayfish per surface acre of
water used for propagation of a particular species.
(2) Each permit holder shall obtain brood
stock from public waters no more than one (1) time for both live bait fishes
and crayfish.
(3) A conservation
officer shall supervise the acquisition of brood stock from public
waters.
(4) A permit holder shall
use gear as established in
301 KAR 1:130 to acquire aquatic
organisms from public waters.
(5) A
permit holder may sell propagated aquatic organisms .
Section 3. An individual, corporation, or
other business entity may request a permit for paddlefish to be stocked and
reared in a water supply lake for aquaculture purposes as established in
301 KAR 1:110 by completing a
permit application and submitting it to the department.
(1) A municipality may allow a permitted
second party to rear paddlefish in a water supply lake .
(2) If a municipality or other public water
supply entity allows a second party to rear paddlefish, a contractual agreement
between the two (2) granting permission to use the lake for rearing paddlefish
shall be required for the extent of the rearing period. A copy of the
contractual agreement shall be submitted to the department before a permit is
issued.
(3) Water supply lakes that
are currently open to sport fishing shall be required to remain open to sport
fishing throughout the length of the rearing of paddlefish.
(4) Paddlefish shall be the only species
permitted to be stocked by the permit holder in a water supply lake .
(5) The number of paddlefish stocking events
for each rearing period shall be limited to one (1) for each approved water
supply lake . Any additional stocking events shall require prior written
approval from the Fisheries Division. A permit holder may request approval from
the Fisheries Divisions by submitting a written request. Approval shall be
granted for any single mortality event where ten (10) percent or more of fish
from the initial stocking, calculated as fish per acre, are observed
dead.
(6) The permit applicant
shall list the name of each water supply lake on the permit
application.
(7) A permit shall be
obtained for every year of the paddlefish rearing period.
(8) The department shall notenforce the
protection of the stocked paddlefish.
(9) Paddlefish that escape in the stream,
either above or below the lake , shall not be considered property of the permit
holder.
(10) The department shall
not be responsible for any corrective actions associated with fish populations
in the water supply lakes used for aquaculture purposes.
(11) If a municipality rears paddlefish
without a contractual agreement with a second party, it shall provide the
department with a name of a person responsible for the rearing of the
paddlefish in the water supply lake .
(12) A permit holder may use gill nets to
take paddlefish only from the water supply lakes listed on the permit. A permit
holder or a designated representative in possession of a valid copy of the
permit shall be on site each time gill nets are used in the water supply lakes.
(a) The department shall be notified at least
three (3) days in advance of any paddlefish harvest from a water supply lake ,
including the random sampling of the stocked paddlefish that require the use of
gill nets.
(b) Gill nets shall only
be used in a water supply lake from November 1 through March 31.
(c) Gill nets shall not have a bar mesh size
smaller than five (5) inches.
(d) A
permit holder shall attach a metal tag provided by the department to each gill
net used.
(e) Paddlefish shall be
the only species of fish harvested, and any other species of fish captured
shall be immediately released without undue injury.
Section 4. Inspection of
Facilities and Revocation or Denial of Permits.
(1) A permit holder shall allow a
conservation officer to inspect his or her facilities.
(2) The department shall:
(a) Revoke the permit of an individual,
corporation, or other business entity who violates KRS Chapter 150 or 301 KAR
Chapter 1 pertaining to propagation of aquatic organisms ;
(b) Deny a permit:
1. For an individual, corporation, or other
business entity who has violated KRS Chapter 150 or 301 KAR Chapter 1 within
the last year; or
2. For
propagation of aquatic organisms that are determined to be potentially damaging
to Kentucky's native ecosystems; and
(c) Not renew the permit for a period of up
to two (2) years of an individual, corporation, or other business entity that
has been found guilty of violating KRS Chapter 150 or 301 KAR Chapter 1
pertaining to propagation of aquatic organisms .
(3) Fees paid for revoked permits shall not
be refunded.
(4) An individual,
corporation, or other business entity whose permit has been denied, revoked, or
to whom a non-renewal period has been applied may request an administrative
hearing pursuant to KRS Chapter 13B.
(5) A request for a hearing shall be in
writing and postmarked or delivered in person to the department no later than
thirty (30) days after notification of the denial or revocation.
(6) Upon receipt of the request for a
hearing, the department shall proceed according to the provisions of KRS
Chapter 13B.
(7) The hearing
officer's recommended order shall be considered by the commissioner, and the
commissioner shall issue a final order pursuant to KRS Chapter 13B.
Section 5. Incorporation by
Reference.
(1) "Fisheries Commercial
Propagation Permit Application", 2006 edition, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division of Fisheries, Department of Fish and Wildlife Resources, #1
Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m. or may be obtained at
https://fw.ky.gov/Fish/Pages/Commercial-Fishing.aspx.
Notes
STATUTORY AUTHORITY: KRS 150.025, 150.180(2), 150.280, 150.450, 50 C.F.R. 17.11
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