COMMERCE CABINET
Department of Fish and Wildlife Resources
(As Amended at ARRS, June 10, 2008)
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 [establishing the procedures for taking fish and creel and the
areas from where fish and creel may be taken]. This administrative
regulation establishes the procedures for the taking of live bait for [and
restricts use to] personal use.
Section 1. Definitions. (1) "Live bait"
means minnows, shad, herring, crayfish, salamanders, frogs except bullfrogs,
tadpoles, native lampreys, Asiatic clams, [(Corbicula sp.)] 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 [basses (largemouth, small mouth or Kentucky)], rock bass [or
goggle-eye], trout, crappie, walleye, sauger, pikes, white bass, yellow
bass, striped bass, [rockfish (saltwater 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[Seines]:
(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[traps]: 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[nets]: 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[nets]: The maximum
size shall be twenty (20) feet in diameter, one (1) inch bar mesh, with
taking permitted statewide except for [the following waters]:
(a) Streams stocked with trout, which[.
These] 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[", that is incorporated by
reference in this administrative regulation][Trout streams
and tailwaters listed in the current Kentucky Department of Fish and Wildlife's
Fishing and Boating Guide];
(b) Lakes with a surface area of less than 500 acres; and
(c) [Taking shall be permitted in] Crocus and
Marrowbone Creeks, Cumberland County[, but the mesh size shall be in one (1)
inch bar mesh].
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[No
mussel][mussels] [shall] be taken
for use as bait except Asiatic clams [(Corbicula sp.)].
(2) A sport fishermen shall fisherman
shall not possess bait in amounts greater than those listed in each category
below [have in his possession no more than]:
(a)[(1)] 500 minnows;
(b)[(2)] 500 crayfish;
(c)[(3)] Twenty-five (25)
dusky salamanders [(spring lizards)] of the genus Desmognathus;
(d)[(4)] Five (5) frogs
(other than bullfrogs);
(e)[(5)] Five (5)
tadpoles;
(f)[(6)] 100 native
lampreys [(mud eels)];
(g)[(7)] 500 aquatic
invertebrates other than mussels;
(h)[(8)] 500 shad; and
(i)[(9)] 500 herring[;
(10) Any number of Asiatic clams (Corbicula sp.)].
Section 4. Material Incorporated by Reference. (1) "List
of Streams Stocked with Trout, 2008", is incorporated by reference[Kentucky Department of Fish and Wildlife Resources Fishing and Boating Guide,
2004 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[Game Farm Road],
Frankfort, Kentucky, between the hours of 8 a.m. and 4:30 p.m. Eastern time.
MARK S. CRAMER, Deputy Commissioner
For Dr. Jonathan Gassett, Commissioner
MARCHETA SPARROW, Secretary
APPROVED BY AGENCY: March 7, 2008
FILED WITH LRC: April 2, 2008 at 3 p.m.
CONTACT PERSON: Rose Mack, Kentucky Department of Fish and Wildlife Resources, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, phone (502) 564-7109, Ext. 441, fax (502) 564-9136.