301 KAR 1:058. Methods for taking turtles.

      RELATES TO: KRS 150.010, 150.025(1), 150.400

      STATUTORY AUTHORITY: KRS 150.025(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish the methods and devices for taking wildlife, the buying and selling of wildlife and the places where taking is allowed. This administrative regulation establishes the species of turtles which may be taken, the methods which shall be used to take turtles, the waters in which certain methods shall not be used, and the requirements for selling turtles.

      Section 1. Definitions. "Turtle" means a:

      (1) Snapping turtle (Chelydra serpentina), except the alligator snapping turtle (Macroclemys temminckii);

      (2) Smooth softshell turtle (Apalone mutica); and

      (3) Spiny softshell turtle (Apalone spinifera).

      Section 2. Turtle Season and Methods of Taking. (1) Turtle season shall be open year-round.

      (2) Turtles may be taken day or night, year-round, in all lakes and streams, except turtles shall not be taken in:

      (a) The Cumberland River below Wolf Creek Dam downstream to the Tennessee line;

      (b) The tributaries of the Cumberland River below Wolf Creek Dam downstream to the Tennessee line for a distance of one-half (1/2) mile above its junction with the Cumberland River;

      (c) The Cumberland River below Barkley Dam downstream to the US 62 bridge;

      (d) The Middle Fork of the Kentucky River from Buckhorn Lake Dam downstream to the Breathitt County line in Perry County;

      (e) The Rough River below Rough River Lake Dam downstream to Highway 54 bridge in Breckinridge and Grayson Counties;

      (f) Streams stocked with trout as defined in the Kentucky Trout Waters section of the annual Sport Fishing and Boating Guide; or

      (g) Within 200 yards of any dam on any stream.

      (3) Unless exempt from license requirements by KRS 150.170(2) or (3), a person who takes a turtle shall have in his possession a valid:

      (a) Hunting license if he uses:

      1. A gun; or

      2. Bow and arrow;

      (b) Sport fishing license if he uses:

      1. Hook and line in hand;

      2. Fishing rod or fishing pole in hand;

      3. Jugging;

      4. Setline;

      5. Sport fishing trot line;

      6. Grabbing by hand;

      7. Grabbing with a handled hook;

      8. Gigging;

      9. Snagging; or

      10. Turtle traps as specified in subsections (4), (5) and (6) of this section.

      (4) A turtle trap shall:

      (a) Be a barrel or drum with a tilting board trigger; or

      (b) Be a floating log raft with an enclosed twine or wire mesh bag;

      (5) Turtle traps shall not be constructed or set so that other animals may reasonably be expected to be caught.

      (6) A person setting a turtle trap shall:

      (a) Inspect the trap daily;

      (b) Remove turtles from the trap, except that one (1) decoy turtle may remain in the trap; and

      (c) Release unharmed a species except a turtle caught in the trap.

      (7) A person who sells turtles shall possess a commercial fishing license.

      (8) No commercial gear as defined in 301 KAR 1:146 shall be used to take turtles.

      Section 3. Incorporation by Reference. (1) The "Sport Fishing and Boating Guide (2004 ed.)" is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. and 4:30 p.m. (2 Ky.R. 184; eff. 11-12-75; Am. 25 Ky.R. 1684; eff. 3-10-99; 30 Ky. R. 2548; 31 Ky.R. 340; eff. 8-26-04.)