KAR 1:115. Propagation of aquatic organisms.
RELATES TO KRS 150.025, 150.280, 150.290,
STATUTORY AUTHORITY: KRS 150.025, 150.280,
NECESSITY, FUNCTION, AND CONFORMITY: KRS
150.280 provides that no person shall propagate or hold wildlife without a permit.
This administrative regulation establishes the requirements for obtaining a
permit and the requirements that shall be followed by permit holders.
Section 1. Definitions. (1) "Aquatic
organisms" means fishes, frogs, crayfish and other aquatic vertebrates and
(2) "Minnows" are defined in
301 KAR 1:130.
(3) "Permit" means a fisheries
commercial propagation permit.
(4) "Water supply lake" means a
lake that is:
(a) Owned by a municipality or other
public water supply entity;
(b) Provides potable water supply for the
(c) Not owned by the state; and
(d) Not managed by the department.
Section 2. Permit Requirements and
Application Procedures. (1) Before acquiring or propagating aquatic organisms,
a person shall obtain a permit.
(2) A permit applicant shall obtain the
permit application form from the department.
Section 3. Acquisition of Brood Stock
from Public Waters. (1) A permit holder may obtain from public waters a maximum
of 1,500 minnows 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 minnows and
(3) A conservation officer shall
supervise the acquisition of brood stock from public waters.
(4) A permit holder shall use gear
authorized by 301 KAR 1:130 to acquire aquatic organisms from public waters.
(a) Upon request at the time of
application for a permit, the department may authorize an applicant to use seines
larger than ten (10) feet in length, gillnets, and other fish collection gear.
(b) A permit holder shall attach a metal
tag, furnished by the department, to authorized seines over ten (10) feet, gillnets,
and other fish collection gear showing:
1. The name of the owner;
2. Gear type; and
3. The date the permit expires.
(c) A permit holder shall use approved
fish collection gear in waters designated in the application.
Section 4. Sale of Aquatic Organisms. A
permit holder may sell propagated aquatic organisms.
Section 5. The department may issue a
permit with no fee to elementary, middle and secondary schools and similar
educational institutions if the propagated organisms are to be used for
Section 6. The commissioner may grant
approval and issue a permit for paddlefish to be stocked and reared in approved
water supply lakes for aquaculture purposes as provided for in 301 KAR 1:110 by
completing a permit application and submitting it to the department.
(1) A municipality may allow a second
party to rear paddlefish if the commissioner grants approval and issues a
permit for paddlefish to be stocked and reared in an approved water supply
(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
(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 in the approved water supply lakes.
(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 approval
by the commissioner.
(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 not:
(a) Enforce the protection of the stocked
(b) Establish paddlefish sport fish
administrative regulations in any of the approved water supply lakes.
(9) Paddlefish that escape in the stream,
either above or below the lake, shall not be considered property of the permit
(10) The department shall not be
responsible for any corrective actions associated with fish populations in the
approved 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 approved water supply lakes.
(12) A permit holder may use gill nets to
take paddlefish only from the approved water supply lakes listed on the permit.
A permit holder shall be on site each time gill nets are used in the approved
water supply lakes.
(a) The department shall be notified at
least one (1) week in advance of any paddlefish harvest from approved water
supply lakes, including the random sampling of the stocked paddlefish that
require the use of gill nets.
(b) Gill nets shall only be used in the
approved water supply lakes from December 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; any other species of fish captured shall be immediately
released without undue injury.
Section 7. Inspection of Facilities and
Revocation 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 a person found
guilty of violating a statute or administrative regulation pertaining to
propagation of aquatic organisms; and
(b) Not renew the permit for a period of
up to two (2) years of a person that has been found guilty of violating a
statute or administrative regulation pertaining to propagation of aquatic organisms.
(3) Fees paid for revoked permits shall
not be refunded.
(4) An individual whose permit has been
denied or revoked may request an administrative hearing pursuant to KRS Chapter
Section 8. Incorporation by Reference.
(1) Fisheries Commercial Propagation Permit Application, 2006, Department of
Fish and Wildlife Resources, 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. and 4:30 p.m. (KFWR-F-119; 1 Ky.R.
241; eff. 1-8-75; Am. 4 Ky.R. 569; eff. 8-2-78; 5 Ky.R. 1077; eff. 8-1-79; 21
Ky.R. 489; eff. 9-28-94; 27 Ky.R. 3329; 28 Ky.R. 354; eff. 8-15-2001; 30 Ky.R.
1585; eff. 2-16-04; 32 Ky.R. 306; eff. 10-12-05; 32 Ky.R. 2084; 33 Ky.R. 85;
eff. 7-12-06; 34 Ky.R. 2033; eff. 5-2-2008.)