Section 312 IAC 9-8-6 - Commercial fishing on the Ohio RiverAuthority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22-13
Sec. 6.
(a) This section applies to license holders engaged in commercial fishing on the Ohio River as authorized under IC 1422-13.(b) "License holder" means an individual licensed under IC 14-22-13 to use in, and to possess for use in, the water: (3) other commercial fishing gear.(c) A license holder shall not take or sell fish except in accordance with IC 14-22-13, this section, and 312 IAC 9-10. A license holder may take fish with the aid of illumination of: (3) an artificial light; where lawfully engaged in commercial fishing.
(d) A license holder under this section may take and sell all species of fish from the Ohio River except the following:(12) Hybrid striped bass.(21) Blue catfish less than thirteen (13) inches long.(22) Channel catfish less than thirteen (13) inches long.(23) Flathead catfish less than thirteen (13) inches long.(24) Shovelnose sturgeon less than twenty-five (25) inches measured in accordance with 312 IAC 9-6-2(b) and taken from June 1 through September 30.(25) Paddlefish less than thirty-two (32) inches measured in accordance with 312 IAC 9-6-2(c) and taken from May 1 through October 31.(e) 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.(f) A license holder under this section must tag each item of gear so that a conservation officer may determine if the: (1) gear is properly licensed; and(2) license holder is complying with the law.(g) A person must not possess a seine, net, or commercial trotline except as authorized with a valid commercial fishing license for the Ohio River. This subsection does not apply to a manufacturer, retailer, or wholesale dealer who possesses gear exclusively for sale.(h) The use of commercial fishing gear authorized under this section is limited as follows: (1) Commercial fishing gear cannot be used on or within fifty (50) yards of a bay or inlet of the Ohio River denoted by a line drawn from point to point across the bay or inlet.(2) Commercial fishing gear cannot be used beyond the bank of the Ohio River, the ordinary high watermark of the Ohio River as defined by 312 IAC 1-1-26, or within fifty (50) yards of the mouth of a stream denoted by a line drawn from point to point across a stream at its farthest most downstream location at the existing water level or ordinary high watermark, whichever is lowest.(3) Commercial fishing gear cannot be used in the following locations: (A) John T. Myers Dam downstream to the outer lock wall and the portion of the split channel around the southern part of Wabash Island from the fixed weir dam to the first dike.(B) Newburgh Dam downstream to the end of the outer lock wall.(C) Cannelton Dam downstream to the end of the outer lock wall.(D) McAlpine Dam downstream to the K and I railroad bridge.(E) Markland Dam downstream to the end of the outer lock wall.(i) The license holder must tend each item of fishing gear not less frequently than once every twenty-four (24) hours and all fish taken by the gear removed, except that hoop nets or slat traps may be left unattended for not more than seventy-two (72) hours at which time all fish taken by the gear must be removed. Each item of gear must be removed immediately upon the completion of fishing.(j) Gear is authorized only as set forth as follows:(1) Lines and mesh must be made of: (C) a flexible synthetic fiber.(2) The following restrictions apply to a hoop net, wing net, straight lead net, or heart lead net: (A) Each net described in this subdivision must have a minimum bar mesh size of one (1) inch.(B) Hoops may be any size, shape, or material.(C) The maximum length of the lead or wing is sixty (60) feet.(D) One (1) tag issued by the department must be attached to the front hoop of each net.(3) The following restrictions apply to a gill or trammel net:(A) The minimum bar mesh size that can be fished from November 1 through April 30 is four (4) inches.(B) The only bar mesh size that can be fished from May 1 through October 31 is from four (4) inches to four and one-half (4 1/2) inches.(C) The nets referenced in this subdivision may be fished weighted or as a flag net.(D) At least one (1) tag issued by the department must be attached to the net for each one hundred (100) feet of net or part thereof.(4) The following restrictions apply to a commercial trotline: (A) Each line must have more than fifty (50) hooks placed not closer than eighteen (18) inches apart.(B) One (1) tag issued by the department must be attached.(C) The trotline must be:(i) not longer than three thousand (3,000) feet, including staging; and(ii) fished separately rather than tied in a continuous line.(5) The following restrictions apply to a seine:(A) A seine must have the following:(i) A minimum bar mesh size of one (1) inch.(ii) Both float and lead lines.(iii) Wood, fiberglass, metal poles, or brails attached to each end.(B) A seine in the water must be attended by individuals pulling the seine through the water for the entrapment of fish. (C) A seine must have at least one (1) tag issued by the department attached for each one hundred (100) feet of net or part thereof.(6) The following restrictions apply to a slat trap:(A) No wire or other mesh may be added to the trap.(B) 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.(C) The trap shall be not larger than two (2) feet in diameter or square end measure.(D) A tag issued by the department must be attached to the open ring or square.(k) A license holder must do the following: (1) Keep true and accurate daily catch records of harvested fish in ink on a departmental form that includes the following: (A) The pounds by live weight for each species of fish.(B) The aggregate number of the following:(C) Of the catfish reported in accordance with clause (B), the number of the following: (i) Blue catfish over thirty-five (35) inches.(ii) Channel catfish over twenty-eight (28) inches.(iii) Flathead catfish over thirty-five (35) inches.(D) The location fished by Ohio River pool name and river mile.(E) The amount of daily fishing effort by gear type as follows: (i) Total length of net fished (in feet) per day each for seines, gill nets, and trammel nets.(ii) Total number each of hoop nets, slat traps, and dip nets fished per day.(iii) Total number of trotline hooks fished per day.(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 on the Ohio River will take place 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 on-board and dockside inspection of the gear and catch at any time by a conservation officer or other authorized representative of the department.Natural Resources Commission; 312 IAC 9-8-6; filed May 12, 1997, 10:00 a.m.: 20 IR 2725; filed May 28, 1998, 5:14 p.m.: 21 IR 3727; 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 Aug 28, 2009, 3:39 p.m.: 20090923-IR-312080886FRA; 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-312190325RFAErrata filed 4/30/2021, 11:57 a.m.: 20210512-IR-312210163ACA