Kentucky Catfish Regulations Overview

Commercial Fishing Regulations

Paylake Regulations

Sport Angler Regulations

- Current Ohio River Catfish Regulations will be applied Statewide(1 over 35" per day). (New Angler Reg)

- Noodling will be regulated to 1 over 35", or water body specific regulations. (New Reg)

"In order for angler regulations to become effective in the next calendar year after they are proposed, the amendment proposals must be passed through the Commission in June and submitted to the LRC no later than July. This is because the legislature must pass the regulations before our next year’s fishing and boating guide is sent out to the printer; usually in November or early December. Our anglers rely on the guides for regulation information, and citations issued where the regulations were not available to anglers in the guide will not be prosecuted in the courts. Therefore, any angler regulations that pass through the Commission after July will be submitted the following June or July, depending on the timing of the Commission meetings. We normally, purposely wait to propose angler regulation changes until the May Committee and June Commission meetings understanding that the regulation proposals that are passed will have gone through the entire regulation processes in time for the following fishing year’s guide to be amended and printed."
-Ron Brooks, Kentucky Fisheries Director

Again, remember Mr. Brooks wording here, as delays played a major role in timing.


To see a list of proposals we pushed for that didn't get passed click here.

Delays

It should be noted, numerous delays occurred during the process for new regulations. These delays were brought about by opposing sides(paylakes/commercial fisherman), as well as, KDFWR. Exposing Paylakes and company were on time with our responses and requested deadlines. A more detailed rundown of these delays can be found below. These delays not only affected our ability to rally the troops for regulation meetings, but they also negatively affected when these regulations could be made official.

A Timeline of How We Got Here:

September 2017
Mr. Aaron Wheatley - tournament director of "Monster on the Ohio" secured an agenda item on the November 6th, 2017 Kentucky Fisheries Committee meeting.

September 18th, 2017
Exposing Paylakes organized a private Facebook group and worked with roughly 80 other concerned anglers to get a general idea of needed regulations.

October 5th, 2017
Chris Debow, Justin Browning and Chris Lee have a 6 hour meeting discussing how to close loopholes and what new regulations are needed/viable. Chris Debow would later use this information to draft a 38 page proposal to submit to KDFWR and the Fisheries Committee on October 26th, 2017.

October 13th/14th 2017
Chris Lee, Justin Browning, Chris Debow and Vic Shepherd work a booth at the 2017 Monsters on the Ohio Captain's Meeting, courtesy of Aaron Wheatley. During the meeting & tournament, we gathered 1000's of signatures on our "Comment Cards" showing support for better regulations. These signatures were later sent to KDFWR commissioners.

October 26th, 2017
Steve Douglas, Chris Debow, Rob Benningfield and Aaron Wheatley attend a meeting with four of the KDFWR commissioners, as well as, members of KDFWR. In this meeting our 38 page proposal is officially submitted to KDFWR.

1ST DELAY - October 27th, 2017
A day after submitting our 38 page proposal - KDFWR has a knee-jerk reaction and moves the Nov 2017 meeting - to February 2018. KDFWR cited additional time needed to consider all viewpoints, including those of commercial fisherman and paylakes.

Nov 6th, 2017 meeting
Catfish were NOT to be on the agenda(since KDFWR & the Wildlife Commission opted to move the item to the Feb, 2018 agenda). This wasn't the case though, as catfish issues were discussed. Thankfully, we had a rep at the meeting anyway.
In the meeting the Kentucky Fisheries Director prepped the commissioners on the paylake issues & proceeded to mention irrelevant out of state catfish issues, regarding Ohio paylakes and Virginia/Maryland waterways. Our representative documented the meeting, and when asked if anyone was there regarding catfish. A well spoken, concerned angler from Ohio(who wasn't aware of the meeting date change) pleaded our case nicely and drove home the paylake issue. Commissioner Carloss moved to table any further discussion and gave KDFWR orders to come back with rock solid data.

Dec 8, 2017 Commission Meeting
Again, catfish are NOT an agenda item for this meeting. And yet again, catfish items were discussed anyway. Thankfully, we had the same rep attending and documenting the meeting again. The KDFWR Fisheries Director had invited the vice president of the commercial fisherman's association to speak. The commercial fishing rep opposed regulations and insisted the commission needed to listen to informed lobbyist and biologists with solid data, instead of "hobbyist" catfisherman.

January 17th, 2018
Jeremy Coe, Chris Debow, Scott Cress and Rob Benningfield meet with several key members of the Kentucky Legislature and Department of Fish and Wildlife. Our side was asked to join a work-group comprised of representatives from:
-Paylakes
-Commercial Fishing Industry
-State Legislatures
-Fish & Wildlife
-KDFWR Commissioners.
 To appease KDFWR, we agreed to join this work-group.

2ND DELAY - January 23, 2018
KDFWR sends out an email moving the Feb meeting.  
"Because of an agreement to form an Ohio River Catfish Workgroup, KDFWR is not putting this issue on our February 2018 agenda. Therefore, Ohio River catfish issues will not be discussed at the Fisheries Committee or Commission in February."

"This Workgroup will ensure that, along with the 3 interest groups, several legislators and KDFWR Commissioners will be present to directly hear each group’s perspective of Ohio River catfish and KDFWR’s assessments of the three catfish populations. Members of the Workgroup will hear and hopefully understand all aspects of this issue, and at the very least, our Commonwealth’s lawmakers will be informed to the extent that any regulations emanating from our meetings will be well vetted by them."

"The compilation of workgroup members has begun, and following a KDFWR meeting with pay lake owners in early February, the list of Workgroup representatives should be complete and scheduling will commence. We intend to complete this Workgroup task of round-table discussions in time to put this issue on the May 2018 Fisheries Committee Agenda as either an update item, or if necessary, as one or more discussion items of which would result in regulation proposals made to the Fisheries Committee."

-A few pre-meeting pictures.
-Interview with Lex18 News here.
-Shorten Video of the Meeting here.
-Full 2 hr Video of the meeting can be seen here.

Paylakes & Paddlefish

On Nov 27, 2018, commercial fisherman David M. Cox was sentenced after a United States District Court accepted his plea agreement. Cox was charged with several counts, one being a violation of the "Lacey Act" - a federal law protecting wildlife - a violation he's been charged with in the past.

Cox, of Midwest Caviar, is mainly known for harvesting and selling paddlefish caviar netted from the Ohio River. By-catch of large catfish caught in Cox's nets, have been known to be stockpiled in his pond, for future sales to paylakes.

In 2001, Cox, a previously convicted wildlife felon - sat on a special board aimed to help Kentucky Fish and Wildlife rewrite the fishing rules and regulations.

Below a Facebook screenshot shows Cox seining catfish from his holding pond, with well know paylake owner, James Reed of Catfisherman's Paradise. Another Facebook screenshot shows a 73lb flathead Cox caught - that will - "go to a paylake for sure".

The Undercover Investigation

Cox faced charges after an extensive investigation, in which an Indiana Department of Natural Resources Officer worked undercover as a “helper” in Cox's commercial fishing operation. The officer was able to witness and covertly record numerous fishing violations, as well as, gun ownership violations.

Cox, a convicted felon, is no stranger to wildlife offenses. Some past convictions include - a felony, under the Lacey Act; and a misdemeanor, for illegally fishing for paddlefish. These old convictions mimic his latest disregard for the law, with the addition of illegal possession of firearm(s) by a convicted felon.

 According to the prosecution, Cox's disregard of commercial fishing regulations extended beyond simply keeping and killing undersized fish. The prosecution said, "he fished wherever and however he wanted". They stated he fished in closed areas where fish congregate, contributing to overfishing. Adding, he also "underreported the fish that he caught or that died in his nets" - affecting biologists’ ability to accurately assess the health of fish species.

The Tattoo

Cox was very forthcoming and seemingly proud of his past convictions with the undercover officer. He was particularly proud of his past assault of a conservation officer - touting his tattoo of a game warden hanging from a noose. Cox even went on to describe to the undercover, how he lured the wildlife officer into his fishing boat, drove off with the agent against his will, and after finally bringing the wildlife officer back ashore, roughed him up and took his gun.

Sentencing

Despite friends and family submitting more than 80 support letters to the court, Cox was sentenced to a two-year term on the charges. Cox was also ordered to pay restitution to the Indiana Department of Natural Resources Fish and Wildlife Fund, in the amount of $1,000.00. Along with, a special assessment of $200.00 to the United States and forfeiture of property - including his fishing boat, trailer and motor. Upon his release, Cox will be supervised for 3 years.

Conclusion

Some things just can't be covered in a simple one paragraph Facebook post. With that said, welcome to our first blog post. Today, we're gonna cover something we've yet to cover. The influence trophy catfish paylakes have had on local fish markets.

"That commercial fisherman's catfish haul would have died at the fish market anyway. Our paylake saved them from that." 

That's something you might hear a paylake supporter say. An while there is some truth in that. It should be noted. Paylakes are the main reason for both commercial fishing and fish markets excessive demand for trophy catfish.

In the early to mid 90's, the paylake model began to change. "Trophy paylakes" started to emerge. These paylakes offered big catfish, and big cash pots for catching one. The public's demand also began to change.Instead of catching a mess of eaters. Patrons now wanted a chance to catch a once in a lifetime catfish, and win money doing so. Farm raised paylakes quickly became the exception, and trophy paylakes now became the norm.

Now here's where the post comes full circle. Say your a commercial fisher and you don't have a holding pond. Or you don't have an immediate buyer for those large catfish. No problem, the fish markets have also gotten in on the trophy paylake money train. They'll gladly pay a discounted CASH price and take those live trophy river catfish off your hands. They'll stick them in holding tanks. What they can't sell to a paylake, they'll try and sell as food.

So next time you hear someone claim paylakes save trophy catfish from being sold at the fish market. Tell them that fish market demand wouldn't exist nearly like it does. If is wasn't for paylakes.

And guys, please practice CPR of these medium to large catfish.  State studies don't lie. People with a vested financial interest do lie, and stretch the truth. Exposing Paylakes has NO financial interest. Our interest solely lies in the in the protection and future of this awesome, God given resource. Nothing more!

~ExposingPaylakes