312 IAC 9-8-1 - General requirements and definitions

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-13

Sec. 1.

(a) This rule applies to a person who is issued a commercial fishing license by the department.

(b) The following definitions apply throughout this rule:

(1) "Caviar" means the processed, salted, nonfertilized roe.

(2) "Commercial fishing gear" means all equipment associated with commercial fishing, including, but not limited to, the boat, all parts of the nets, traps, seines, trotlines, live boxes, anchors, and lead ropes used to capture or hold fish.

(3) "Helper" means any individual who accompanies and assists a commercial fishing license holder or licensed roe harvester in the harvest, possession, transportation, or sale of fish.

(4) "Hoop net", also known as fyke net, trap net, or barrel net, means a barrel shaped net made of synthetic twine, cotton, linen, or nylon and supported by hoops. One (1) or more throats are attached inside the hoop structures to prevent escape of the fish. Hoops may be any shape and may be constructed of wood, metal, fiberglass, or plastic materials. Individual hoops must not be directly connected to or supported by other hoops with any rigid material, other than the mesh netting, so that the net has the ability to collapse. One (1) gear tag issued by the department must be attached.

(5) "Roe" means the internal egg mass in an ovary or the female gametes, but not caviar.

(6) "Roe-bearing species" means the following species:

(A) Shovelnose sturgeon.

(B) Paddlefish.

(C) Bowfin.

(7) "Roe dealer" means a person who possesses a valid roe dealer's license issued under section 8 of this rule to purchase, process, transport, and sell roe.

(8) "Roe harvester" means an individual who possesses a valid roe harvester's license issued under section 7 of this rule to harvest, possess, transport, begin processing, and sell, but not purchase, roe.

(9) "Screened eggs" means nonfertilized roe that has been screened and washed to remove fat and separate the eggs, but not salted.

(10) "Seine", for purposes of this rule, means a net in the water that is attended by individuals pulling it through the water for the entrapment of fish. A seine must have both float and lead lines and have wood, fiberglass, or metal poles attached to each end.

(11) "Slat trap", also known as basket trap or slat basket, means a commercial fishing device constructed entirely of wood or plastic, or both, slats in a boxlike or cylindrical shape. Slat traps may have no more than two (2) outside funnel openings. No wire or other mesh may be added to the trap. At least two (2) openings not less than one and one-fourth (1 1/4) inches wide must be located between the slats. These openings shall not be restricted by cross-bracings to a length shorter than eight (8) inches long. The trap shall be not larger than two (2) feet in diameter or square end measure. One (1) gear tag issued by the department must be attached to the open ring or square.

(c) A commercial fishing license holder, licensed roe harvester, or roe dealer who possesses or sells a fish described in this article must comply with 312 IAC 9-6-11. The bill of lading and the shipment must be made available upon request for inspection by a conservation officer.

(d) The department shall not issue a commercial fishing license, roe harvester's license, or roe dealer's license to an individual whose sport fishing, commercial fishing, roe dealer, or roe harvester license has been suspended or revoked, during the term of the suspension or revocation.

(e) A helper of a commercial fishing license holder or licensed roe harvester must:

(1) be in the same boat as the license holder while participating in commercial fishing or the harvesting of roe-bearing species on waters open to commercial fishing;

(2) only transport, carry, or ship lawfully harvested fish with a bill of lading in accordance with 312 IAC 9-6-11(a).

(f) A commercial fishing license holder or licensed roe harvester shall not allow an individual who has a sport fishing, commercial fishing, roe dealer, or roe harvester license suspended or revoked, either by a court or administrative process, in Indiana or any other jurisdiction, to serve as a helper during the term of the suspension or revocation.

(g) The cutting or mutilation of live roe-bearing species to check for eggs is prohibited except that a 10-gauge needle may be inserted into the abdomen between the pectoral and pelvic fins to determine the presence of eggs.

(h) A fish-holding basket, live box, live net, or any other structure in which aquatic life is contained or held and left unattended shall be plainly labeled with the name and address of the owner. This does not include live wells or other devices that hang over the side of a boat or are located within the boat.

(i) A person must not possess sport fishing gear, participate in any sport fishing activity (including, but not limited to, checking sport trotlines or poles), or possess fish caught with sport fishing gear while onboard a boat:

(1) from which commercial fishing gear is actively being set, retrieved, or transported;

(2) that is being transported to set or retrieve commercial fishing gear; or

(3) that is transporting fish captured or held with commercial fishing gear.

Notes

312 IAC 9-8-1

Natural Resources Commission; 312 IAC 9-8-1; filed May 12, 1997, 10:00 a.m.: 20 IR 2721; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jan 2, 2013, 3:42 p.m.: 20130130-IR-312120381FRA; Readopted filed 5/20/2014, 9:43 a.m.: 20140618-IR-312140017RFA Filed 10/24/2017, 8:46 a.m.: 20171122-IR-312170262FRA Readopted filed 9/18/2019, 1:16 p.m.: 20191016-IR-312190325RFA