Section 312 IAC 9-8-2 - Commercial fishing except on the Ohio River; general provisionsAuthority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22-13; IC 14-22-14
Sec. 2.
(a) This section applies to license holders engaged in commercial fishing on inland water.(b) For purposes of this section, "license holder" means an individual licensed under IC 14-22-13 to use in, and to possess for use in, the water, seines, nets, or other commercial fishing gear authorized in this rule.(c) A license holder may take and sell fish that are taken with:(1) commercial fishing gear; and(2) a valid commercial fishing license issued under this rule and 312 IAC 9-6-11.(d) A license holder may take fish with the aid of illumination of:(3) an artificial light; where lawfully engaged in commercial fishing.
(e) A license holder subject to this rule must not possess trout or salmon.(f) A license holder must not possess or sell any of the following taken from the waters described in subsection (a): (24) Blue catfish less than thirteen (13) inches long.(25) Channel catfish less than thirteen (13) inches long.(26) Flathead catfish less than thirteen (13) inches long.(27) Lake whitefish less than eighteen (18) inches long.(g) A license holder may take and sell shovelnose sturgeon that are at least twenty-five (25) inches measured in accordance with 312 IAC 9-6-2(b) only from October 1 through May 31 and only with a valid inland water roe harvester's license.(h) A license holder may take no more than one (1) each per day of a: (1) channel catfish that is at least twenty-eight (28) inches long;(2) blue catfish that is at least thirty-five (35) inches long; and(3) flathead catfish that is at least thirty-five (35) inches long. (i) A license holder must do the following: (1) Keep true and accurate daily records on a departmental form in ink and include the following: (A) The pounds by live weight of each species of fish harvested.(B) The number of pieces of each type of gear fished by date.(C) The county and river fished.(2) Submit to the department the completed form required under subdivision (1) by the fifteenth day of each month for the preceding month whether the license holder fished or not unless the license holder has submitted an inactive license form to signify that no commercial fishing will take place on inland water for the remainder of the calendar year. The inactive license form shall be submitted to the division of fish and wildlife before the fifteenth day of the month following the month the license is deemed inactive.(3) Allow onboard and dockside inspections of the gear and catch at any time by a conservation officer or other authorized representative of the department.(j) A license holder must do the following:(1) Tend each piece of fishing gear at least once every forty-eight (48) hours and remove all fish taken by the gear at that time.(2) Remove each item of gear immediately upon the completion of fishing.(k) This subsection applies to commercial fishing conducted on the part of the Wabash River that forms the boundary between Illinois and Indiana as follows: (1) A license holder under this subsection may only use hoop nets or slat traps. A license holder must not use the following:(B) Entanglement gear of any kind, including, but not limited to, gill nets or trammel nets.(C) A net having stretch mesh less than two (2) inches or bar mesh less than one (1) inch.(D) A net that obstructs more than one-half (1/2) of the width of the river.(2) A license holder may use a seine that has at least one (1) seine tag issued by the department attached to each seine. A license holder must not use a seine:(A) that exceeds one hundred (100) yards in length;(B) having stretch mesh less than five (5) inches; or(C) that obstructs more than one-half (1/2) of the width of the river.(3) Commercial fishing gear may not be used within a tributary of the Wabash River (with the exception of the White River and Patoka River) as denoted by a line drawn from point to point across the mouth of the tributary at the existing water level or the ordinary high water mark, whichever is lower.(l) This subsection applies to commercial fishing on inland water of Indiana except for the part of the Wabash River that forms the boundary between Illinois and Indiana as follows: (1) A license holder must not conduct commercial fishing on inland water containing state-owned fish, except for the following rivers: (A) The Wabash River downstream from the southernmost city limits of Lafayette (U.S. 231 bridge) to where the river forms the boundary between Indiana and Illinois.(B) The White River downstream from the junction of its east and west forks to where the White River joins the Wabash River.(C) The west fork of the White River downstream from its junction with the Eel River in Greene County to the junction of the east and west forks of the White River.(D) The east fork of the White River downstream from its junction with the Lost River in Martin County to the junction of the east and west forks of the White River.(E) The Patoka River three hundred (300) yards downstream of the dam below the State Road 164 bridge in the city of Jasper to where the Patoka River joins the Wabash River.(2) A license holder under this subsection may only use hoop nets. A license holder must not use the following: (A) More than four (4) hoop nets.(B) A net having a diameter, width, or height of more than six (6) feet.(C) A net having stretch mesh less than two (2) inches or bar mesh less than one (1) inch.(3) Commercial fishing gear may not be used within a tributary of the waters listed in this subsection as denoted by a line drawn from point to point across the mouth of the tributary at the existing water level or the ordinary high water mark, whichever is lower.Natural Resources Commission; 312 IAC 9-8-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2721; filed May 28, 1998, 5:14 p.m.: 21 IR 3724; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Jan 2, 2013, 3:42 p.m.: 20130130-IR-312120381FRA; Readopted filed 5/20/2014, 9:43 a.m.: 20140618-IR-312140017RFAFiled 11/4/2015, 1:10 p.m.: 20151202-IR-312140510FRAFiled 10/24/2017, 8:46 a.m.: 20171122-IR-312170262FRAReadopted filed 9/18/2019, 1:16 p.m.: 20191016-IR-312190325RFA