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
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No prior version found.