301 KAR 1:140 - Special commercial fishing permit for Kentucky and Barkley lakes
RELATES TO: KRS 150.010(32), 150.450(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to regulate the size or type of devices and methods used to take fish and wildlife, including places where taking is allowed. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags. This administrative regulation establishes restrictions on the use of gill and trammel nets at Kentucky and Barkley lakes.
Section
1. 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 not issue more than
twenty-five (25) permits.
(3) A
permit holder shall submit a completed Application for a Special Commercial
Fishing Permit to the department, along with the appropriate permit fee
established in
301 KAR 5:022, postmarked on or
before November 1 to retain the permit privilege.
(4) The ability to purchase a permit shall
only be transferred to immediate family members.
(5) New permits shall not be issued until the
total number of permits is less than twenty-five (25).
(6) A drawing shall be used to select new
permittees if the total number of permits is less than twenty-five (25).
(a) A person applying for a vacant permit
shall submit to the department a completed Application for a Special Commercial
Fishing Permit postmarked on or before November 1, along with the appropriate
fee established in
301 KAR 5:022.
(b) The maximum number of permits issued to
nonresidents shall be seven (7).
Section 2. Permit Requirements.
(1) A person shall possess and carry a valid
permit and a valid commercial fishing license:
(a) If using a gill net or trammel net to
take rough fish:
1. From November 1 through
March 31 at both Kentucky and Barkley lakes; and
2. In the portions of Kentucky and Barkley
lakes open to commercial fishing as established in
301 KAR 1:150;
(b) If transporting a gill net or
trammel net ; and
(c) If selling
fish taken with a gill net or trammel net .
(2) A person shall:
(a) Tag a gill net or trammel net as
established in KRS
150.175(4);
(b) Not use a gill net or trammel net with a
bar mesh size smaller than three and five-tenths (3.5) inches or larger than
four and five-tenths (4.5) inches, except:
1.
A whip set may have a minimum bar mesh size of three (3) inches; and
2. Beginning on November 15 and running
through March 31 at both Kentucky and Barkley lakes, gill and trammel nets with
a bar mesh size larger than four and five-tenths (4.5) may be used in
stationary sets only;
(c)
Not fish a stationary set net with the top of the net or float line shallower
than three (3) feet below the surface;
(d) Tend each net, except whip sets, at least
once every twenty-four (24) hours;
(e) Not leave whip sets unattended;
(f) Affix a decal supplied by the department
to each side of the boat or motor used for fishing under this permit so that
the decal is clearly visible while fishing with a gill net or a trammel
net ;
(g) Not dispose of any
commercially caught rough fish at public boat launch areas; and
(h) Not harvest paddlefish at both Kentucky
and Barkley lakes during the special commercial fishing season if the
paddlefish are less than thirty-eight (38) inches, as measured from the
beginning of the eye to the fork of the tail fin.
(3) A permit holder may be accompanied by two
(2) unlicensed helpers, who shall be:
(a) In
the same boat with the permit holder if fishing with a gill net or a trammel
net ; or
(b) Accompanied by the
permit holder if transporting or selling fish taken under the permit.
(4) A permit holder shall:
(a) Maintain an accurate record of daily
fishing activity; and
(b) Submit a
completed Monthly Report of Commercial Fish Harvest in Kentucky to the
department by the tenth day of the following month.
Section 3. Paddlefish Harvest
Requirements.
(1) A person who possesses a
valid permit shall be allowed to harvest paddlefish flesh or roe during the
special commercial fishing season without the need to purchase a Commercial
Roe-bearing Fish Harvester's Permit .
(2) A person who harvests paddlefish roe
during the special commercial fishing season shall follow all Commercial
Roe-bearing Fish Harvester Permit reporting requirements established in
301 KAR 1:155, Section
13(2).
Section 4. Permit
Suspension, Revocation, and Renewal.
(1) The
department shall suspend the permit of a person who fails to complete and
submit to the department a Monthly Report of Commercial Fish Harvest or a Daily
Commercial Roe Harvest Report for each transaction involving a buyer permittee
as established in paragraphs (a) through (c) of this subsection.
(a) The first time during the season a report
is not received or, if mailed, not postmarked by the tenth of the following
month, the licensee or permittee shall receive by mail a courtesy reminder
letter.
(b) The second time during
the season a report is not received or, if mailed, not postmarked by the tenth
of the following month, the licensee or permittee shall receive a warning
letter.
(c) If a third or
subsequent time during the season a report is not received or, if mailed, not
postmarked by the tenth of the following month, the license or permit shall be
suspended until all reports have been received.
(2) The department shall not renew the
commercial fishing license or harvester's permit of a person who fails to
complete and submit to the department all reports required by this
administrative regulation.
(3) The
department shall revoke or not renew a person's permit for a period of two (2)
years, for the following state violations involving commercial fishing:
(a) Use of illegal commercial fishing
gear;
(b) Knowingly placing
commercial fishing gear in a restricted area;
(c) Harvesting prohibited species of
fish;
(d) Commercially fishing, as
established by
301 KAR 1:150, in waters not open
to commercial fishing; or
(e)
Knowingly falsifying commercial harvest data.
(4) A person whose permit has been revoked or
denied shall be eligible to enter the drawing following the revocation period
only if a permit is available based on the twenty-five (25) permit restriction
established in Section 1 of this administrative regulation.
(5) A person whose permit has been revoked or
denied may request an administrative hearing pursuant to KRS Chapter
13B.
(6) 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.
(7) Upon receipt of the
request for a hearing, the department shall proceed according to the provisions
of KRS Chapter 13B.
(8) 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) The following material is
incorporated by reference:
(a) "Application
for a Special Commercial Fishing Permit", 2007 Edition;
(b) "Monthly Report of Commercial Fish
Harvest in Kentucky", 2023 Edition; and
(c) "Daily Commercial Roe-Bearing Fish
Harvester's Transaction Report", 2008 Edition.
(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.
Notes
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(3), (4)
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