Section 312IAC9-8-1. General requirements and definitions

   (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) "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.

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

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

(A) Shovelnose sturgeon.

(B) Paddlefish.

(C) Bowfin.

(5) "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.

(6) "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.

  (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. (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 May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)