301 KAR 1:132. Sale of live bait.

      RELATES TO: KRS 150.175, 150.180, 150.280, 150.450, 150.485

      STATUTORY AUTHORITY: KRS 150.025

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations relating to the taking of fish and wildlife including where the fish and wildlife may be taken. This administrative regulation establishes the conditions and provisions under which live bait may be taken, transported, and sold. It is necessary to protect the state's aquatic resources; to more clearly designate licenses needed to take and sell live bait, and to add a more effective method to take Asiatic Clam (Corbicula fluminea), a recently recognized live bait.

      Section 1. Definitions. (1) "Live bait" means minnows; shad; herring; crayfish; salamanders; all frogs, except bull frogs; all tadpoles; native lampreys; Corbicula and aquatic invertebrate organisms. Live bait refers to the condition of the animal when taken even though it may eventually be sold as a part no longer living.

      Section 2. Live bait may be sold by a licensed live fish and bait dealer if purchased from a recognized source as specified in this administrative regulation. Live bait can be sold by a licensed commercial fisherman only if taken in accordance with this administrative regulation. Corbicula may be taken and sold as bait by a licensed mussel fisherman. The source of live bait is permitted if:

      (1) The live bait is hatched and reared by a licensed propagator in standing private water (ponds or lakes) or commercial hatchery raceways within the boundaries of Kentucky;

      (2) The live bait is purchased from legal commercial sources located in states other than Kentucky; however, licensed live fish and bait dealers doing business in Kentucky having possession of live bait obtained from sources outside of Kentucky must have a bill of sale showing the date and number of each kind of organism purchased or obtained;

      (3) The live bait is purchased from a licensed mussel fisherman, Corbicula may, if taken by means of a legal brail, be resold as bait. No other species of mussel may be sold for bait;

      (4) The live bait is purchased from a licensed commercial fisherman, Corbicula taken by means of a tagged commercial bait rake may be resold as bait as specified in Section 3 of this administrative regulation; and

      (5) The live bait is purchased from a licensed commercial fisherman. Shad, herring, and other live bait may be sold in whole or part if taken as specified in Section 3 of this administrative regulation.

      Section 3. Live bait may not be harvested by any method from any public stream for commercial purposes except as specified in this section.

      (1) Licensed commercial fishermen may sell live bait taken in legally set commercial fishing gear.

      (2) Licensed commercial fishermen may take and sell shad and herring only if taken by use of a dip net of a diameter of three (3) feet or less made of any type material or cast net twenty (20) feet maximum diameter with one (1) inch maximum bar mesh in the Tennessee River, Kentucky River downstream from Lock #14, Ohio River, Cumberland River below Barkley Dam, Mississippi River and in all lakes 1,000 acres or larger.

      (3) Licensed commercial fishermen may sell live bait if taken from the Mississippi and Ohio rivers only by the use of a one-fourth (1/4) inch mesh seine no more than thirty (30) feet long and six (6) feet deep.

      (4) Licensed commercial fishermen may take and sell Corbicula by use of a tagged commercial live bait rake in commercial waters only.

      (a) The rake may be no more than twenty (20) inches wide, have tines no longer than five (5) inches, the tines may be set no more than one (1) inch apart, and the basket of any material may be no larger than eight (8) inches by twenty (20) inches by ten (10) inches with a rigid handle no longer than twenty (20) feet. A commercial gear tag must be permanently attached to the handle.

      (b) The rake must be operated with the handle in hand. No bridle to permit dragging is allowed.

      (c) All mussels taken other than Corbicula must be immediately returned to the water unharmed.

      (d) It shall be illegal to have a commercial live bait rake in a boat that also has a mussel brail aboard or attached to the boat regardless of what type licenses the occupants possess.

      Section 4. Possession of live bait by a licensed live fish or bait dealer obtained in any other manner than those specified in Section 2 of this administrative regulation is prohibited.

      Section 5. All individuals, corporations, or other business entities transporting, selling, or possessing live bait for sale in Kentucky are required to have an appropriate live fish and bait dealers license issued in the name of the individual, corporation, or other business entity that is transacting business in this commonwealth. This license or exact copy thereof must be in the possession of the persons who are transporting, selling, or possessing these organisms in Kentucky. This license is not in lieu of a propagation or transportation permit if they also are applicable to the operation.

      Section 6. Those individuals, corporations, or other business entities transporting live bait from one state to another state through Kentucky without conducting any type of business in this commonwealth are not required to have a live fish and bait dealers license, but must have a valid transportation permit.

      Section 7. Those individuals, corporations, or other business entities who sell any of the organisms above mentioned for food in establishments licensed by another state agency to sell retail or wholesale food stuffs are not required to have a live fish and bait dealers license. (KRWT-F-LB2-1; 1 Ky.R. 347; eff. 2-5-75; Am. 4 Ky.R. 125; 227; eff. 12-7-77; 26 Ky.R. 2295; 27 Ky.R. 484; eff. 8-14-2000.)