Kentucky Fish and Wildlife probe into pay lake pratice yields 63 charges brought on 28 different facilities

​​​FRANKFORT, Ky. (Sept. 21, 2023) — A Kentucky Department of Fish and Wildlife Resources investigation into catfish pay lakes across the commonwealth has substantiated claims that some aren’t playing by the rules, Commissioner Rich Storm announced today.

“There are fish and wildlife regulations for a reason,” Storm said. “The protections in place today ensure opportunities exist tomorrow and for generations to come.​​​

“The diligence and perseverance by the conservation officers who led this investigation produced a victory for conservation and sustainable public fishing opportunities.”​​​

Reports from concerned members of the public regarding catfish being harvested and obtained by pay lakes contrary to regulations sparked what would become a three-year investigation.​​​

Kentucky Fish and Wildlife conservation officers investigated 63 pay lakes and cited 28. Charges are pending for one other.​​​

Sixty-three citations were issued as a result of the investigation. In some instances, multiple people associated with the same pay lake were cited.​​​

Violations included operating without a pay lake license, improperly obtaining catfish, failing to document purchases of catfish and not maintaining records in accordance with state administrative regulations.​​​

Conservation officers logged more than 3,000 hours on the investigation. It found that pay lakes bought fish as large as a 47-pound flathead catfish and 40-pound blue catfish, but the majority were in the 20- to 30-pound range.​​​

“Over time, some of these lakes become overstocked, resulting in crowding and untimely death of these fish,” Storm said.​​​

​​​The greater the number of large catfish in a particular pay lake, the more alluring it may be for anglers and thus the more profitable it can be for pay lake owners.

In many instances, trophy fish – typically around 15 pounds or more – cannot be removed from these lakes by the paying customers as they are required by the pay lake owner to catch and release.​​​

Kentucky Fish and Wildlife law enforcement continues to follow up on tips.​​​

Suspected illegal fish, wildlife or boating activity may be anonymously reported using the KFWLaw smartphone app. Tips can also be submitted by texting the keyword “KFWLaw” along with a message to 847411 (tip 411) or by calling 800-25-ALERT.​​​

​​​“We thank those pay lake operators who do not break the rules,” said Col. Jeremy McQueary, director of Kentucky Fish and Wildlife’s Law Enforcement Division. “We hope others will follow their example and operate lawfully.

“Recreational anglers and commercial harvesters entrust Kentucky Fish and Wildlife to hold accountable anyone who abuses the regulations and public resources, particularly for their own gain, and that’s exactly what this investigation has done.”​​​

As recently as 2012, no regulations for catfish existed for commercial harvesters and pay lakes. Outside of a few waterbody-specific regulations, there were no catfish regulations for recreational anglers either.​​​

A 2013 survey of Kentucky catfish anglers showed that 75 percent either supported or were not opposed to stricter regulations on trophy catfish. Since then, Kentucky Fish and Wildlife has pursued more stringent regulations to protect the health of the commonwealth’s catfish populations and to ensure sustainable opportunities to fish for them.​​​

​​​To be considered a “trophy catfish” in Kentucky, a channel catfish must be at least 28 inches while blue catfish and flathead catfish must be at least 35 inches. It can take 15 to 20 years for each of the three species of catfish to reach the trophy thresholds.

​​​Trophy catfish have become a lightning rod for debate among those who fish for them recreationally and those who harvest them for commercial purposes. The harvest and sale of trophy catfish to pay lakes has generated the most debate among those concerned.

Kentucky Fish and Wildlife and its commission (board) have made efforts to bring the sides together to work toward compromise with their concerns.​​​

​​​The following measures were enacted after initial meetings with stakeholders in 2014:

• Commercial harvesters were restricted to one blue catfish (35 inches or longer), one flathead catfish (35 inches or longer) and one channel catfish (28 inches or longer) per day on the Ohio River and its commercially fishable tributaries.
• Up to 50 qualified commercial harvesters were restricted to four (in aggregate) blue catfish and flathead catfish (40 inches or longer) or channel catfish (30 inches or longer) on the Ohio River and its commercially fishable tributaries below Cannelton Lock and Dam.
• Recreational anglers were restricted to one blue catfish (35 inches or longer), one flathead catfish (35 inches or longer), and one channel catfish (28 inches or longer) per day on the main stem of the Ohio River.

​​​A working group composed of Kentucky Fish and Wildlife staff, pay lake owners, commercial fishers and recreational anglers was established in 2018 to work on the issues, and the following regulations were passed in 2019:

• Commercial harvest restrictions were amended. The number of commercial harvesters with trophy catfish permits was reduced from 50 to 15. There can be more than two licensed commercial harvesters in a boat, but there can be at most two daily limits for the boat no matter how many licensed harvesters are on the boat. While on the water or trailering on a boat ramp, they are only allowed one daily limit.
• Recreational anglers were restricted to one blue catfish (35 inches or longer), one flathead catfish (35 inches or longer) and one channel catfish (28 inches or longer) per day statewide.
• Regulations were placed on pay lakes for the first time. These included regulations against gifting of fish, requiring a bill of sale for all fish transactions, annual stocking limits, and limiting the amount of pay lakes that could stock fish caught from public waters, higher license fees for pay lakes receiving fish from public waters.

​​​The issue remains contentious among some stakeholders.

At its meeting scheduled Friday, Sept. 22, the Kentucky Fish and Wildlife Commission will consider two proposals developed by an Ohio River Working Group. The agency-led group has included Kentucky Fish and Wildlife’s Law Enforcement and Fisheries divisions as well as members from the commission.​​​

​​​The working group recommended to the full commission a proposal to remove waterbodies open to commercial fishing that have low use and harvest, and to define a new upper boundary for waters open to commercial fishing on the Green River.

Specific to catfish, the commission will consider recommendations to expand locations with trophy catfish harvest regulations, modify trophy catfish harvest permit regulations downstream of Cannelton Lock and Dam, and fix formatting of a harvest reporting form incorporated into regulation by reference called, “Monthly Report of Commercial Fish Harvest in Kentucky.”​​​

​​​The meeting will be livestreamed and archived on the department’s YouTube channel at youtube.com/FishandWildlifeKY. A link to the livestream will be posted on the department’s homepage at fw.ky.gov​ before the start of the meeting.