301 KAR 1:115. Propagation of aquatic organisms

Link to law: http://www.lrc.ky.gov/kar/301/001/115.htm
Published: 2015

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      301

KAR 1:115. Propagation of aquatic organisms.

 

      RELATES TO KRS 150.025, 150.280, 150.290,

150.485

      STATUTORY AUTHORITY: KRS 150.025, 150.280,

150.450

      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

invertebrates.

      (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

public;

      (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

crayfish.

      (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

educational purposes.

 

      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

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 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

paddlefish; or

      (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

holder.

      (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

13B.

 

      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.)