301 KAR 1:150. Waters open to commercial fishing.

301 KAR 1:150. Waters open to commercial fishing.

RELATES TO: KRS 150.010, 150.120, 150.170, 150.175, 150.445, 150.450, 150.990

STATUTORY AUTHORITY: KRS 150.025

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations establishing the procedures for taking fish and the areas from where fish may be taken. This administrative regulation establishes the areas where commercial fishing is permitted.

Section 1. Commercial Fishing Waters. (1) The following streams and rivers shall be open to commercial fishing.

(a) Barren River from its junction with Green River upstream to Greencastle, Kentucky;

(b) Big Sandy River from its junction with the Ohio River upstream to the junction of the Levisa and Tug Forks;

(c) Levisa Fork from its junction with the Big Sandy River upstream to 200 yards below the mouth of Paint Creek in Johnson County;

(d) Cumberland River from its junction with the Ohio River upstream to the Highway 62 bridge;

(e) Eagle Creek from its junction with the Kentucky River upstream to the Highway 22 bridge in Grant County;

(f) Green River from its junction with the Ohio River upstream to 200 yards below Lock and Dam 6;

(g) Highland Creek from its junction with the Ohio River upstream to the Rock Ford Bridge in Union County;

(h) Kentucky River from its junction with the Ohio River upstream to the junction of the North and Middle Forks of Kentucky River;

(i) North Fork of the Kentucky River from its junction with the Kentucky River upstream to the mouth of Walker's Creek;

(j) South Fork of the Kentucky River from its junction with the Kentucky River upstream to the mouth of Cow Creek;

(k) Licking River from its junction with the Ohio River upstream to a point directly adjacent to Highway 111 on the Bath and Fleming Counties line;

(l) Mississippi River from the mouth of the Ohio River downstream to the Tennessee line;

(m) Ohio River from its junction with the Mississippi River upstream to the West Virginia state line except those segments of the river that extend below the following locks and dams where slat baskets are the only piece of commercial gear allowed except for the first 200 yards below the dam as prescribed by KRS 150.445:

1. Lock and Dam 53 downstream to a line perpendicular with the end of the longest lock wall including the circular cell portion.

2. Lock and Dam 52 downstream to a line perpendicular with the end of the longest lock wall including the circular cell portion.

3. Smithland Dam downstream to a line perpendicular to the end of the outer lock wall.

4. J.T. Myers Dam downstream to a line perpendicular to the end of the outer lock wall and that portion of the split channel around the southern part of Wabash Island from the fixed weir dam to the first dike.

5. Newburgh Dam downstream to a line perpendicular to the end of the outer lock wall.

6. Cannelton Dam downstream to a line perpendicular to the end of the outer lock wall.

7. McAlpine Dam downstream to the K&I railroad bridge.

8. Markland Dam downstream to a line perpendicular to the end of the outer lock wall.

9. Meldahl Dam downstream to a line perpendicular to the end of the outer lock wall.

10. Greenup Dam downstream to a line perpendicular to the end of the outer lock wall.

(n) Pond River from its junction with the Green River upstream to the Highway 62 bridge;

(o) Panther Creek from its junction with the Green River upstream to the head of the creek;

(p) Rough River from its junction with the Green River upstream to the Highway 69 bridge at Dundee, Kentucky;

(q) Tennessee River from its junction with the Ohio River upstream to River Mile 17.8;

(r) Tradewater River from its junction with the Ohio River upstream to the Highway 365 bridge; and

(s) Salt River from its junction with the Ohio River upstream to the northwestern boundary of Ft. Knox.

(2) Lakes. The following lakes are open to commercial fishing, but not above the first shoal or riffle upstream from the impounded or standing pool of the lake in any main or tributary stream except as specified in subsection 3.

(a) Barkley;

(b) Herrington;

(d) Nolin;

1. Shall be open to commercial fishing through February 28, 2011.

2. Only those persons reporting commercial harvest from Nolin River Lake from March 1, 2000 through February 28, 2006, shall be permitted to commercially fish Nolin River Lake.

(e) Rough River;

1. Shall be open to commercial fishing through February 28, 2011.

2. Only those persons reporting commercial harvest from Rough River Lake from March 1, 2000 through February 28, 2006, shall be permitted to commercially fish Rough River Lake.

(3) Exceptions.

(a) Cumberland Lake shall be closed to commercial fishing above the confluence of Koger Creek on the Big South Fork Tributary.

(b) Permanent overflow lakes adjacent to the Mississippi and Ohio Rivers that may be accessed from either river by a boat during high flow conditions shall be open to statewide commercial fishing during these high flow events except as prohibited on department wildlife management areas in 301 KAR 4:050 and 301 KAR 4:020.

(c) Permanent overflow lakes along the Mississippi and Ohio rivers when access from either river by a boat is not possible;

1. A no-charge commercial Asian carp removal permit shall be obtained, following landowner and Fisheries Division approval, to remove any rough fish, except catfish and paddlefish.

2. Only licensed commercial fisherman shall be eligible for the permit.

3. Permit holders shall follow all gear restrictions listed in 301 KAR 1:146 and requirements described in 301 KAR 1:155.

4. The permit shall be valid for a period of ninety (90) days from the date of issuance.

Section 2. Incorporated by Reference. (1) List of commercial fisherman reporting harvest of fish from Nolin River and Rough River lakes from March 1, 2000 through February 28, 2006, 2006 edition, 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 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KFWR-F-CF1-4; 1 Ky.R. 242; eff. 1-8-75; Am. 872; eff. 6-11-75; 3 Ky.R. 771; 4 Ky.R. 99; eff. 8-3-77; 9 Ky.R. 934; eff. 3-2-83; 12 Ky.R. 1357; eff. 3-4-86; 15 Ky.R. 1131; eff. 11-23-88; 17 Ky.R. 1797; eff. 12-19-90; 29 Ky.R. 517; eff. 10-9-2002; 32 Ky.R. 307; 621; 10-12-05; 32 Ky.R. 2087; 33 Ky.R. 87; eff. 7-12-06.)