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(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate bag limits, creel limits, and methods of take, and to make these requirements apply to a limited area. This administrative regulation establishes the areas where commercial fishing is allowed.

 

      Section 1. Rivers and Creeks. (1) The rivers and creeks established in paragraphs (a) through (q) of this subsection shall be open to commercial fishing pursuant to 301 KAR 1:146 and 1:155:

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

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

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

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

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

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

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

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

      (i) 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;

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

      (k) 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 pursuant to 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; and

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

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

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

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

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

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

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

      (2) Lakes. The following lakes shall be 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) of this section:

      (a) Barkley;

      (b) Herrington; and

      (c) Kentucky.

      (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 pursuant to 301 KAR 4:020 and 301 KAR 4:050. (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; 40 Ky.R. 400; 792; eff. 10-3-13.)