301 KAR 1:130. Live bait for personal use.

301 KAR 1:130. Live bait for personal use.

RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.450, 150.990

STATUTORY AUTHORITY: KRS 150.025

NECESSITY, FUNCTION, AND CONFORMITY: KRS 105.025 authorizes the department to promulgate administrative regulations to regulate creel and possession limits of fish, including the size or types of devices used for taking fish and the places where the taking of fish is permitted. This administrative regulation establishes the procedures for the taking of live bait for personal use.

Section 1. Definitions. (1) "Live bait" means minnows, shad, herring, crayfish, salamanders, frogs except bullfrogs, tadpoles, native lampreys, Asiatic clams, and aquatic organisms except mussels.

(2) "Minnows" means fishes under six (6) inches in length, except blackside dace, palezone shiner, relict darter, duskytail darter, largemouth bass, smallmouth bass, Kentucky bass, redear sunfish, rock bass, trout, crappie, walleye, sauger, pikes, white bass, yellow bass, striped bass, and muskellunge, or any hybrids of the above.

(3) "Sport fisherman" is defined in 301 KAR 1:410(6).

Section 2. Live bait shall be taken with the following gear for personal use. Other species except live bait taken with this gear shall be returned immediately to the water:

(1) Seine:

(a) Maximum size shall be ten (10) feet long, four (4) feet deep, one-fourth (1/4) inch bar mesh, with taking permitted statewide; and

(b) Maximum size shall be thirty (30) feet long, six (6) feet deep, one-fourth (1/4) inch bar mesh, with taking permitted in Ohio and Mississippi Rivers and Kentucky and Barkley lakes.

(2) Minnow trap: Maximum size shall be three (3) feet long, eighteen (18) inches in diameter, one (1) inch openings for catching, with taking permitted statewide.

(3) Dip net: Maximum size shall be three (3) feet in diameter, with taking permitted in Ohio, Tennessee, and Mississippi Rivers; Cumberland River below Barkley Dam; Kentucky River below Lock #14; and all lakes over 1,000 acres.

(4) Sport cast net: The maximum size shall be twenty (20) feet in diameter, one (1) inch bar mesh, with taking permitted statewide except for:

(a) Streams stocked with trout, which include statewide streams, national forest streams, seasonal catch and release streams, and the Fort Campbell and Fort Knox military reservations that are cited in the List of Streams Stocked with Trout, 2008;

(b) Lakes with a surface area of less than 500 acres; and

1. Crocus Creek shall be closed to cast nets for an area extending from its mouth to fifty (50) yards upstream.

2. All other tributaries of the Cumberland River below Wolf Creek Dam to the Tennessee state line shall be closed to cast nets.

Section 3. Bait. (1) Mussels shall not be taken for use as bait except Asiatic clams.

(2) A sport fishermen shall fisherman shall not possess bait in amounts greater than those listed in each category below:

(a) 500 minnows;

(b) 500 crayfish;

(d) Five (5) frogs (other than bullfrogs);

(e) Five (5) tadpoles;

(f) 100 native lampreys;

(g) 500 aquatic invertebrates other than mussels;

(h) 500 shad; and

(i) 500 herring.

Section 4. Material Incorporated by Reference. (1) "List of Streams Stocked with Trout, 2008", is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, between the hours of 8 a.m. and 4:30 p.m. Eastern time. (KFWR-F-LB 1-1; 1 Ky.R. 242; eff. 1-8-75; Am. 8 Ky.R. 1154; eff. 6-2-82; 10 Ky.R. 623; eff. 12-2-83; 16 Ky.R. 46; eff. 8-23-89; 26 Ky.R. 2294; 27 Ky.R. 484; eff. 8-14-2000; 2871; 3240; eff. 6-8-2001; 29 Ky.R. 515; 927; eff. 10-9-02; 30 Ky.R. 2334; 7-14-04; 34 Ky.R. 2427; 35 Ky.R. 20; eff. 7-9-08.)