301 KAR 1:410. Taking of fish by other than traditional fishing methods.

301 KAR 1:410. Taking of fish by other than traditional fishing methods.

RELATES TO: KRS 150.010, 150.025(1), 150.120, 150.170, 150.175, 150.235, 150.360, 150.370, 150.440, 150.445, 150.620, 150.990

STATUTORY AUTHORITY: KRS 150.025(1), 150.440, 150.470, EO 2008-516

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations pertaining to the taking of fish. EO 2008-516, effective June 16, 2008, reorganized and renamed the Commerce Cabinet as the new Tourism, Arts and Heritage Cabinet. This administrative regulation establishes the procedures for taking sport and rough fish by other than traditional fishing methods such as: underwater spearing, and "scuba diving", sport fishing trotlines, jugging and setlines, the taking of rough fish from backwaters, gigging and snagging, tickling and noodling (hand grabbing), and bow fishing.

Section 1. Definitions. (1) "Archery equipment" means a long bow, recurve bow, or compound bow incapable of holding an arrow at full draw without aid from the archer.

(2) "Bowfishing" means shooting rough fish with an arrow with a barbed or retractable style point that has a line attached to it for retrieval with archery equipment or a crossbow.

(3) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without the aid from an archer.

(4) "Cull" means to replace a fish in your daily creel limit with another fish of the same species.

(5) "Jugging" is defined by KRS 150.010(15).

(6) "Rough fish" is defined by KRS 150-010(32).

(7) "Setline" is defined by KRS 150.010(34).

(8) "Snagging" is defined by KRS 150.010(35).

(9) "Sport fisherman" means a person holding a valid resident or nonresident fishing license and includes those persons who are license exempt as specified in KRS 150.170.

(10) "Sport fishing trotline" is defined by KRS 150.010(36).

Section 2. Sport fishermen shall comply with the requirements in this administrative regulation.

Section 3. Skin and Scuba Diving and Underwater Spear Fishing. (1) Skin or scuba diving is prohibited in all lakes owned by the department, except as established in subsections (2) and (3) of this section.

(2) Skin or scuba diving shall be permitted in salvage operations upon receipt of written permission by the diver from the Division of Law Enforcement or the local Conservation Officer assigned to the specific body of water in which the diving is to take place.

(3) Skin or scuba diving shall be permitted anytime without prior authorization in cases of emergency involving the possibility of saving human life or in the recovery of a victim of drowning.

(4) Underwater spearing of fish with hand held spear or mechanically-propelled spear shall be legal throughout the year in lakes 1,000 acres in size or larger as measured at normal or summer pool level.

(a) A participant in this type of sport shall be submerged in the water in which spearing takes place.

(b) Only rough fish shall be taken, and an appropriate fishing license shall be required.

Section 4. Sport Fishing Trotlines, Jugging, and Setlines. (1) Tagging and Checking.

(a) Each sport fishing trotline, jug line, or setline shall be permanently labeled or tagged with the name and address of the person using it.

(b) All sport fishing trotlines, jug lines, and setlines shall be baited, checked and all fish removed at least once every twenty-four (24) hours.

(d) Trotlines, setlines, or jug lines that are not properly labeled, remain unchecked, or unbaited for over twenty-four (24) hours shall be confiscated.

(2) Fishing requirements.

(a) An individual sport fisherman shall not use more than:

1. Two (2) sport fishing trotlines;

2. Twenty-five (25) setlines; or

3. Fifty (50) jug lines.

(b) A boat containing multiple sport fishermen shall not use more than fifty (50) jug lines per boat.

(c) Sport fishing trotlines shall be set at least three (3) feet below the water’s surface and contain not more than fifty (50) single or multibarbed hooks placed not closer together than eighteen (18) inches.

(d) A jug line or setline shall not have more than one (1) single or multibarbed hook.

(e) An appropriate fishing license shall be required.

(3) Closed waters. Sport fishing trotlines, jugs, or setlines shall not be used in the following waters:

(a) In the Tennessee River within 700 yards of Kentucky Dam;

(b) In the Cumberland River below Barkley Dam to the Highway 62 bridge;

1. Ballard Wildlife Management Area Lakes, Ballard County;

2. Peal Wildlife Management Area Lakes, Ballard County; and

3. Swan Lakes Wildlife Management Area Lakes, Ballard County; or

(d) In the following areas of the Ohio River;

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

2. J. T. Meyers 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;

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

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

5. McAlpine Dam downstream to the K&I railroad bridge;

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

7. Meldahl Dam downstream to a line perpendicular to the end of the outer lock wall; or

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

Section 5. Rough Fish from Backwaters. (1) The Commissioner of the Department of Fish and Wildlife Resources may give a conservation officer or another employee of the department authority to establish areas and supervise the taking of all types of rough fish as described in 301 KAR 1:060 from the backwaters, or overflow areas of streams, rivers, or reservoirs as long as the backwater, or overflow area shall be connected with the stream, river or reservoir.

(2) If the backwater is no longer connected with the stream or reservoir, the landowner may, under the supervision of the conservation officer or another employee of the department, direct the taking of rough fish in accordance with this administrative regulation.

(3) A conservation officer or another employee of the department shall not permit the taking of any fish from any slough, backwater, or overflow area without first having the permission of the landowner on whose land the water has overflowed.

(4) The conservation officer or another employee of the department shall be authorized to determine the exact dates and time taking of these rough fish shall commence and cease.

(5) A person engaged in this type of fishing shall have an appropriate fishing license.

(6)(a) Fish may be taken in the areas established in subsection (1) of this section by any method except by the use of poison, electrical devices, or firearms.

(b) If nets and seines are used, they shall be appropriately tagged and the user shall have an appropriate commercial fishing license.

Section 6. Gigging and Snagging. (1) Season and methods of gigging and snagging.

(a) Gigging and snagging shall be permitted February 1 through May 10, except as provided in subsection (3)(c) of this section.

(b) A person may gig or snag from the bank of a stream or lake, but shall not gig or snag from a boat or platform, except that gigging shall be permitted from a boat in any lake with a surface acreage of 500 acres or larger during the daylight hours.

(c) Persons may gig rough fish through the ice if the surface is frozen thick enough to stand on, and the gigger shall gig while supported by the ice.

(2) Snagging equipment.

(a) A snagging rod shall not exceed a length of seven and one-half (7 1/2) feet including the handle.

(b) The rod shall be equipped with line, guides, and a reel.

(c) Fish may be taken by snagging using one (1) single or treble hook attached to the line except in the Green River and its tributaries and the Rolling Fork River and its tributaries, where five (5) hooks, either single or treble may be used.

(3) Areas open to gigging and snagging.

(a) Gigging or snagging for rough fish shall be permitted night and day in lakes and streams, except as prohibited by subsection (1) of this section and paragraphs (b) and (c) of this subsection.

(b) Gigging and snagging shall be prohibited in the following lakes, streams, and their tributaries:

1. The Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek, and in the Cumberland River in the area below Barkley Lake Dam downstream to US 62 bridge;

2. The Middle Fork of the Kentucky River, from Buckhorn Lake Dam downstream to the Breathitt County line in Perry County;

3. The Rough River, below Rough River Lake Dam Downstream to Highway 54 Bridge in Breckinridge and Grayson Counties;

4. Cave Run Lake;

5. Those tributaries to the Cumberland River below Wolf Creek Dam downstream to the Tennessee line shall be open to gigging and snagging, in season, except that portion of each tributary that is within one-half (1/2) mile of its junction with the Cumberland River; and

6. Within 200 yards of any dam on any stream, except as specified in paragraph (c) of this subsection pertaining to the Tennessee River below Kentucky Lake Dam.

(c) Rough Fish may be taken only by snagging in the Tennessee River below Kentucky Lake Dam; gigging shall be prohibited.

1. Snagging shall be permitted in the Tennessee River between the Kentucky Lake Dam and the new US 62 Bridge twenty-four (24) hours per day from January 1 through May 31.

2. From June 1 through December 31, snagging shall only be permitted from sunset to sunrise (local time) between the Kentucky Lake Dam and the new US 62 Bridge.

3. Snagging shall be prohibited year round in the Tennessee River from the new US 62 Bridge to the I-24 Bridge.

4. Snagging shall be permitted year round in the Tennessee River from the I-24 Bridge to its confluence with the Ohio River.

5. Snagging shall not be permitted under the US 62 bridge, the P&L Railroad bridge, or from the fishing piers located below the new US 62 Bridge.

(4) Creel limits.

(a) The statewide daily creel limit for rough fish taken by gigging and snagging in areas open, except in the Tennessee River below Kentucky Lake Dam and in the Cumberland River below Barkley Lake Dam as established in paragraphs (b) and (c) of this subsection shall be unlimited except that only two (2) paddlefish may be taken daily statewide.

1. All gigged or snagged paddlefish, in all areas open to gigging and snagging, shall be taken into immediate possession and shall not be released or culled.

2. Once the daily limit of paddlefish has been reached, all snagging shall cease.

3. All sport fish that are gigged or snagged in all waters open to gigging or snagging, except in the Tennessee River below Kentucky Lake Dam as established in paragraph (b) of this section, shall be immediately returned to the water, regardless of condition.

(b) The daily gigging and snagging limit for rough fish in the Cumberland River below Barkley Lake Dam shall be eight (8) fish, including paddlefish.

1. All rough fish, including paddlefish, shall be taken into immediate possession (no cull), except for shad or herring.

2. All sport fish that are gigged or snagged shall be immediately returned to the water, regardless of condition.

(c) The daily limit for fish in the Tennessee River below Kentucky Lake Dam that are open to only snagging shall be a maximum of eight (8) fish, including paddlefish.

1. All fish snagged, including paddlefish and sport fish, shall be taken into immediate possession (no cull), except for shad or herring.

2. Snagging shall cease if a daily limit of sport fish has been obtained, even if the creel limit for that sport fish is less than eight (8).

Section 7. Tickling and Noodling (Hand Grabbing). (1) The tickling and noodling (hand grabbing) season for rough fish shall be June 1 to August 31 during daylight hours.

(2) Tickling and noodling shall be permitted in all waters.

(3) The daily creel limit for tickling and noodling shall be fifteen (15) fish of which not more than five (5) shall be catfish (aggregate).

Section 8. Bow Fishing. (1) A person shall not take with archery equipment or a crossbow:

(a) Sport fish, as listed in 301 KAR 1:060, Section 1;

(b) More than five (5) catfish (aggregate); and

(2) All paddlefish and catfish shot with archery equipment or a crossbow shall be taken into immediate possession and counted toward the daily limit and shall not be released or culled.

(3) Bow fishing shall be open statewide, except:

a. In the Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek, and all tributaries within one-half (1/2) mile of their junction with the Cumberland River within this area; or

b. From a boat in restricted areas below navigation, power generating, or flood control dams. (32 Ky.R. 434; Am. 622; eff. 10-12-05; 33 Ky.R. 1889; eff. 4-6-07; 34 Ky.R. 374; eff. 10-9-2007; 35 Ky.R. 995; 1448; eff. 1-5-2009.)